ELIMINATION OF UNNECESSARY COMMISSION REGULATIONS AND FUNCTIONS.

SEC. 403. ELIMINATION OF UNNECESSARY COMMISSION REGULATIONS AND FUNCTIONS. (a) Modification of Amateur Radio Examination Procedures.— Section 4(f)(4) (47 U.S.C. 154(f)(4)) is amended— (1) in subparagraph (A)— (A) by inserting “or administering” after “for purposes of preparing”; (B) by inserting “of’ after “than the class”; and (C) by inserting “or administered” after “for which the examination is being prepared”; (2) by striking subparagraph (B); (3) in subparagraph (H), by striking “(A), (B), and (C)” and inserting “(A) and (B)”; (4) in subparagraph (J)— (A) by striking “or (B)”; and (B) by striking the last sentence; and (5) by redesignating subparagraphs (C) through (J) as subparagraphs (B) through (I), respectively. (b) Authority To Designate Entities To Inspect.— Section 4(f)(3) (47 U.S.C. 154(f)(3)) is amended by inserting before the period at the end the following: “: and Provided further, That, in the alternative, an entity designated by the Commission may make the inspections referred to in this paragraph”. (c) Expediting Instructional Television Fixed Service Processing.— Section 5(c)(1) (47 U.S.C. 155(c)(1)) is amended by striking the last sentence and inserting the following: “Except for cases involving the authorization of service in the instructional television fixed service, or as otherwise provided in this Act, nothing in this paragraph shall authorize the Commission to provide for the conduct, by any person or persons other than persons referred to in paragraph (2) or (3) of section 556(b) of title 5, United States Code, of any hearing to which such section applies.”. (d) Repeal Setting of Depreciation Rates.— The first sentence of section 220(b) (47 U.S.C. 220(b)) is amended by striking “shall prescribe for such carriers” and inserting “may prescribe, for such carriers as it determines to be appropriate,”. (e) Use of Independent Auditors.— Section 220(c) (47 U.S.C. 220(c)) is amended by adding at the end thereof the following: “The Commission may obtain the services of any person licensed to provide public accounting services under the law of any State to assist with, or conduct, audits under this section. While so employed or engaged in conducting an audit for the Commission under this section, any such person shall have the powers granted the Commission under this subsection and shall be subject to sub-110 STAT. 131section (f) in the same manner as if that person were an employee of the Commission”. (f) Delegation of Equipment Testing and Certification to Private Laboratories.— Section 302 (47 U.S.C. 302) is amended by adding at the end the following: “(e) The Commission may— “(1) authorize the use of private organizations for testing and certifying the compliance of devices or home electronic equipment and systems with regulations promulgated under this section; “(2) accept as prima facie evidence of such compliance the certification by any such organization; and “(3) establish such qualifications and standards as it deems appropriate for such private organizations, testing, and certification.”. (g) Making License Modification Uniform.— Section 303(f) (47 U.S.C. 303(f)) is amended by striking “unless, after a public hearing,” and inserting “unless”. (h) Eliminate FCC Jurisdiction Over Government-Owned Ship Radio Stations.— (1) Section 305 (47 U.S.C. 305) is amended by striking subsection (b) and redesignating subsections (c) and (d) as (b) and (c), respectively. (2) Section 382(2) (47 U.S.C. 382(2)) is amended by striking “except a vessel of the United States Maritime Administration, the Inland and Coastwise Waterways Service, or the Panama Canal Company,”. (i) Permit Operation of Domestic Ship and Aircraft Radios Without License.— Section 307(e) (47 U.S.C. 307(e)) is amended to read as follows: “(e) (1) Notwithstanding any license requirement established in this Act, if the Commission determines that such authorization serves the public interest, convenience, and necessity, the Commission may by rule authorize the operation of radio stations without individual licenses in the following radio services: (A) the citizens band radio service; (B) the radio control service; (C) the aviation radio service for aircraft stations operated on domestic flights when such aircraft are not otherwise required to carry a radio station; and (D) the maritime radio service for ship stations navigated on domestic voyages when such ships are not otherwise required to carry a radio station. “(2) Any radio station operator who is authorized by the Commission to operate without an individual license shall comply with all other provisions of this Act and with rules prescribed by the Commission under this Act. “(3) For purposes of this subsection, the terms ‘citizens band radio service’, ‘radio control service’, ‘aircraft station’ and ‘ship station’ shall have the meanings given them by the Commission by rule.”. (j) Expedited Licensing for Fixed Microwave Service.— Section 309(b)(2) (47 U.S.C. 309(b)(2)) is amended by striking subparagraph (A) and redesignating subparagraphs (B) through (G) as subparagraphs (A) through (F), respectively. (k) Foreign Directors.— Section 310(b) (47 U.S.C. 310(b)) is amended— (1) in paragraph (3), by striking “of which any officer or director is an alien or”; and 110 STAT. 132 (2) in paragraph (4), by striking “of which any officer or more than one-fourth of the directors are aliens, or”. (l) Limitation on Silent Station Authorizations.— Section 312 (47 U.S.C. 312) is amended by adding at the end the following: “(g) If a broadcasting station fails to transmit broadcast signals for any consecutive 12-month period, then the station license granted for the operation of that broadcast station expires at the end of that period, notwithstanding any provision, term, or condition of the license to the contrary.”. (m) Modification of Construction Permit Requirement.— Section 319(d) is amended by striking the last two sentences and inserting the following: “With respect to any broadcasting station, the Commission shall not have any authority to waive the requirement of a permit for construction, except that the Commission may by regulation determine that a permit shall not be required for minor changes in the facilities of authorized broadcast stations. With respect to any other station or class of stations, the Commission shall not waive the requirement for a construction permit unless the Commission determines that the public interest, convenience, and necessity would be served by such a waiver.”. (n) Conduct of Inspections.— Section 362(b) (47 U.S.C. 362(b)) is amended to read as follows: “(b) Every ship of the United States that is subject to this part shall have the equipment and apparatus prescribed therein inspected at least once each year by the Commission or an entity designated by the Commission. If, after such inspection, the Commission is satisfied that all relevant provisions of this Act and the station license have been complied with, the fact shall be so certified on the station license by the Commission. The Commission shall make such additional inspections at frequent intervals as the Commission determines may be necessary to ensure compliance with the requirements of this Act. The Commission may, upon a finding that the public interest could be served thereby— “(1) waive the annual inspection required under this section for a period of up to 90 days for the sole purpose of enabling a vessel to complete its voyage and proceed to a port in the United States where an inspection can be held; or “(2) waive the annual inspection required under this section for a vessel that is in compliance with the radio provisions of the Safety Convention and that is operating solely in waters beyond the jurisdiction of the United States: Provided, That such inspection shall be performed within 30 days of such vessel’s return to the United States.”. (o) Inspection by Other Entities.— Section 385 (47 U.S.C. 385) is amended— (1) by inserting “or an entity designated by the Commission” after “The Commission”; and (2) by adding at the end thereof the following: “In accordance with such other provisions of law as apply to Government contracts, the Commission may enter into contracts with any person for the purpose of carrying out such inspections and certifying compliance with those requirements, and may, as part of any such contract, allow any such person to accept reimbursement from the license holder for travel and expense costs of any employee conducting an inspection or certification.”.