[DMCA-Activists] [Fwd: [IP] Statement by Senator John McCain on theFederal Communications Commission Reauthorization Act of 2003]

[Seth Johnson]

(Forwarded from Interesting People list)

-------- Original Message --------
Subject: [IP] Statement by Senator John McCain on theFederal Communications
Commission  Reauthorization Act of 2003
Date: Sat, 14 Jun 2003 12:58:46 -0400
From: Dave Farber <address@hidden>
To: ip <address@hidden>


------ Forwarded Message
From: Robert Lee <address@hidden>
Date: Sat, 14 Jun 2003 11:50:55 -0400
To: "David J. Farber" <address@hidden>
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 <address@hidden>:

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





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