Statement by Senator John McCain on the Federal Communications Commission Reauthorization Act of 2003

[Dave Farber <dave () farber net>]

------ Forwarded Message
From: Robert Lee <robertslee () comcast net>
Date: Sat, 14 Jun 2003 11:50:55 -0400
To: "David J. Farber" <dave () farber net>
Subject: Possible interest to IP


Of possible interest to IP
 
   
  

FOR IMMEDIATE RELEASE
Date: June 13, 2003
Contact: Rebecca Hanks
Phone: (202) 224-2670
  
 

Statement by Senator John McCain on the Federal Communications Commission
Reauthorization Act of 2003


  
 
Mr. President, today I am introducing the Federal Communications Commission
Reauthorization Act of 2003. This legislation is designed to reauthorize the

Federal Communications Commission (FCC or Commission) so that it may
continue 
to carry forth its charge to ensure interference-free communication on
interstate and international radio, television, wire, satellite, and cable
communications. This independent agency has not been reauthorized since
1991. 
Senator Hollings will be a co-sponsor of the bill.

The FCC is responsible for a wide range of duties, including establishing
regulatory policies that promote competition, innovation, and investment in
broadband services; ensuring that a comprehensive and sound national
competitive framework for communications services exists; encouraging the
best 
use of spectrum domestically and internationally; and providing leadership
for 
the rapid restoration of the nation’s communications infrastructure in the
event of disruption.

This bill would reauthorize the Commission through fiscal year 2007. It
would 
require that all application and regulatory fees paid to the Commission be
deposited with the Commission subject to Appropriations.

The legislation also would authorize the Commission to allocate sufficient
funds to be used for an audit of the e-rate program to determine the
specific 
fraud or abuse that has occurred during the operation of the program.
Serious 
allegations of fraud in the operation of the e-rate fund have been raised in

recent months, and we should provide the Commission adequate resources to
ensure that e-rate funds are being used for the purposes intended. The
Commission would be required to transmit a report of its findings and
conclusions to the Senate Committee on Commerce, Science, and Transportation

and the House of Representatives Committee on Energy and Commerce on the
anniversary of the Act’s enactment for each year between 2004 and 2007.

Further, this bill would clarify the Commission’s review of its media
ownership rules. Specifically, the bill sets forth the timing and the
standard 
the FCC will use for reviewing its broadcast ownership rules. Currently, the

FCC is required to review its broadcast ownership rules every two years. The

bill lengthens the duration between reviews from two years to five years. At
a 
recent hearing, all five FCC Commissioners recommended this change.

The legislation also would clarify the actions the FCC may take during its
media ownership reviews. Courts have found the current review standard to
carry “with it a presumption in favor of repealing or modifying ownership
rules” as part of “a process of deregulation.” This bill modifies the review

standard to specifically allow the FCC to repeal, strengthen, limit, or
retain 
media ownership rules if it determines such changes are in the public
interest. At a recent hearing, several of the FCC Commissioners endorsed
this 
change. 

The bill would increase the Commission’s ability to enforce the
Communications 
Act of 1934 (the 1934 Act) by raising the statutory cap on Commission fines
and forfeitures by a factor of ten. The Commission has sought this increased

enforcement ability to ensure communications providers do not accept
Commission fines as a “cost of doing business.” The bill also increases the
statute of limitations for violations of FCC rules or regulations from one
year to two years. The legislation also allows the Commission to assess
fines 
against direct broadcast satellite (DBS) operators for violations of the
Communications Act in the same manner that the Commission may assess fines
against broadcasters and cable operators.

The bill would further clarify that a party injured by a common carrier’s
violation of FCC rules or orders may recover damages for such injury in an
action before the FCC or before a United States District Court. The need for

this clarification is underscored by the recent decision by the United
States 
Court of Appeals for the Second Circuit in Conboy v. AT&T Corp. Moreover,
the 
new section would allow for the recovery of attorneys’ fees in complaints
filed either in district court or at the FCC.

The bill also would allow the Commission to seize broadcasting equipment
where 
one engages in malicious interference to radio communications. This type of
behavior is particularly egregious when parties attempt to maliciously
interfere with public safety frequencies.

Furthermore, the bill would ensure that valuable spectrum does not lie
fallow 
unnecessarily. It precludes a successful bidder in a spectrum auction from
using bankruptcy to avoid its obligation to pay for its spectrum license.
The 
bill also establishes an office within the Commission for the recording and
perfecting of security interests related to licenses.

It also would ban any payment or reimbursement to the FCC of travel costs
for 
FCC officials or staff from a nongovernmental sponsor of a convention,
conference, or meeting. Recent reports indicate that during the last eight
years, FCC officials and staff have taken more than 2,500 trips paid for by
the industries they regulate. Although this is perfectly legal and it is
often 
appropriate for FCC officials and staff to attend such conventions,
conferences, or meetings, it should be without the appearance of
impropriety. 
Therefore, the bill authorizes the Commission sufficient funds to pay for
their own travel costs in the future.

The bill would impose a one-year lobbying ban on high-level FCC staffers who

leave the FCC’s employment.

Finally, the bill contains language in response to a recent court case
before 
the D.C. Circuit Court of Appeals, which held that the Commission lacked
jurisdiction to promulgate regulations necessary to require video
descriptions 
of television programming to assist those who are visually impaired. This
section would provide the FCC such authority. Reauthorizing the FCC is
important so the agency may continue to successfully carry out its many
responsibilities. I look forward to working on this important legislation
and 
I hope that my colleagues will agree to join me in expeditiously moving this

reauthorization through the legislative process. Mr. President, I ask
unanimous consent that the bill be printed in the Record immediately
following 
my remarks. 



  
  
   
 





Zitat von Robert Lee <robertslee () comcast net>:

> Michael Powell applauds [sic] the FCC Reauthorization Act of 2003
>  





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