Summary: H.R.7442 — 95th Congress (1977-1978)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
House receded and concurred with amendment (02/06/1978)

(House receded from certain amendments)

Communications Act Amendments - Amends the Communications Act of 1934 to increase from $1,000 to $2,000 the maximum amount of a forfeiture penalty which may be assessed by the Federal Communications Commission in addition to any other penalty provided for by such Act against any person violating the terms of any license, permit certificate, or other authorization issued by the Commission.

Directs the Commission, when determining the amount of the forfeiture penalty, to consider the nature, circumstances, extent and gravity of the prohibited acts.

Provides that if any person fails to pay an assessment of a forfeiture penalty after it has become final the Commission shall refer the matter to the Attorney General of the United States who shall recover the amount assessed in any appropriate United States district court.

Directs that no forfeiture liability shall be determined against any person not holding a license, permit, certificate, or other authorization issued by the Commission, unless prior to the notice of apparent liability such person (1) is sent a citation of the violation charged; (2) is given a reasonable opportunity for a personal interview with an official of the Commission; and (3) subsequently engages in the type of conduct described in the citation.

Repeals the authorization for the assessment of a forfeiture penalty against any person violating the rules governing radio stations operating in common carrier, safety and special radio fields.

Revises the limitations on the jurisdiction of the Commission over connecting communications common carriers.

Directs the Commission to regulate the rates, terms and conditions for pole attachments which are not regulated by any State authority.

Directs the Commission to hear and resolve complaints concerning such rates, terms, and conditions and to issue cease and desist orders.

Defines the term "pole attachment," for purposes of this section, as any attachment for wire communication on a pole, duct, conduit, or other right-of-way controlled by a utility.

Defines the term "just and reasonable rate" by describing a range within which a reasonable and just cable television (CATV) pole attachment must fall. Limits to five years from the date of enactment of this Act the effectiveness of such definition of "just and reasonable rate.

Includes the State of Hawaii within the definition of "Continental United States" for the purposes of such Act.