Communications Technical Amendments Act of 1981

(Reported to House from the Committee on Energy and Commerce with amendment, H. Rept. 97-751)

Communications Technical Amendments Act of 1981 - Amends the Communications Act of 1934 to change the limitations on the types of companies in which employees and Commissioners of the Federal Communications Commission (FCC) may have a financial interest. Prohibits Commissioners and FCC employees from holding financial interests in companies that have a significant interest in communications, manufacturing, or sales activities that are regulated by the FCC. Authorizes the FCC, in certain cases, to waive the prohibitions for FCC employees. Requires the FCC to publish notice of such a waiver in the Federal Register and to notify Congress of such a waiver.

Sets the salary rates for FCC Commissioners. Allows each Commissioner three professional assistants. Authorizes the FCC to accept direct reimbursement from a sponsor of a conference for the expenses incurred by FCC employees attending the conference if the sponsor requested their attendance and their attendance furthered the functions of the FCC.

Limits the travel expenditures of the FCC for any fiscal year together with the amount of reimbursements that the FCC accepts to the amount appropriated for FCC travel expenses for that fiscal year. Requires the FCC to report to Congress on the reimbursements that the FCC accepts.

Authorizes the FCC to accept the voluntary services of persons holding amateur station operator licenses to prepare and administer examinations for an amateur station operator license. Authorizes the FCC to recruit, train, and accept the voluntary services of such licensees to monitor violations of the Communications Act. Limits the functions of such monitors.

Prohibits persons employed by or owning significant interests in certain businesses related to amateur radio broadcasting from serving as voluntary examiners or monitors.

Authorizes the FCC to accept the voluntary services of citizens band radio operators to monitor violations of the Communications Act. Limits the functions of such volunteers.

Permits the FCC to reorganize its bureaus and offices. Requires only two (currently three) employees on employee boards formed to conduct adjudicatory reviews.

Grants the FCC jurisdiction over all intrastate radio communications.

Authorizes the FCC to make reasonable regulations establishing minimum performance standards for home electronic equipment and systems to reduce their susceptibility to radio interference. Prohibits the shipment of home electronic equipment and systems that do not comply with such regulations. Exempts certain home electronic equipment and systems from such restrictions.

Provides that any minimum performance standard established by the FCC under this Act shall not apply to home electronic equipment or systems manufactured before enactment of this Act.

Authorizes the FCC to issue radio station operator licenses to qualified persons who are legally eligible for employment in the United States (currently, aliens may not obtain such licenses).

Authorizes the FCC to suspend the licenses of operators who cause, aid, or abet violations of the Communications Act.

Authorizes the FCC to recognize radio station licenses and radio operator licenses issued by foreign governments with respect to aircraft registered in the United States.

Increases the terms of licenses and license renewals for non- broadcast stations from five to ten years. Makes the term of any license for the operation of an auxiliary broadcast station or equipment concurrent with the term of the license of the primary station.

Permits the FCC to authorize the operation of radio stations without individual licenses in the radio control service and the citizen band radio service.

Authorizes the FCC to grant temporary (currently emergency) radio operation authorization for renewable periods of up to 180 (currently 90) days.

Requires the FCC to conduct a preliminary review of the applications for certain construction licenses or permits which are subject to a random selection system. Requires the FCC to hold a hearing on the qualifications of the applicant chosen through the random selection system if substantial and material questions of fact exist concerning such applicant's qualifications.

Requires the FCC to grant significant preferences to applicants that would increase the diversification of ownership of the media of mass communications. (Current law requires significant preferences to be given to applicants which are underepresented in the ownership of telecommunications facilities or properties.)

Requires the FCC, within 180 days of enactment of this Act, to prescribe rules for implementing the random system of selecting licensees and permittees.

Permits FCC approval of an agreement in which an applicant for a broadcast station construction permit agrees with other applicants to withdraw, only if the FCC determines that the agreement serves the public interest and no party to the agreement applied for the permit in order to reach such an agreement. Makes the provisions relating to broadcast station license applications comply with the construction permit provisions.

Defines the terms "willful" and "repeated" for purposes of determining administrative sanctions.

Prohibits requiring construction permits for public coast stations, privately owned fixed microwave stations, or stations licensed to common carriers, unless public necessity requires them. Denies the FCC the authority to waive the requirement of a construction permit for broadcast stations. Prohibits waiving the construction permit requirement for other stations, unless the public interest would be served.

Deletes the provision requiring an FCC permit in order to export programming for rebroadcasting to the United States.

Sets forth factors the FCC shall consider in managing the spectrum to be made available for private land mobile services.

Authorizes the FCC to use assistance furnished by private sector coordinating committees in coordinating the assignment of frequencies to stations in the private land mobile and fixed services.

Defines private land mobile service. Declares that persons engaged in private land mobile service shall not be deemed common carriers. Prohibits States or local governments from imposing rates or entry regulations upon private land mobile services.

Requires the appellant in an appeal of an FCC order to notify the other persons interested in the appeal (currently the FCC must make such notifications).

Changes the filing deadlines for certain petitions for review and the effective date of certain FCC orders.

Makes cable television system operators subject to a forfeiture penalty for violations of the Communications Act.

Authorizes the Federal Government to seize radio devices willfully and knowingly operated without a license and radio equipment willfully and knowingly operated illegally. Sets forth the procedures to be followed in such seizures.

Exempts the transmissions of amateur radio station operators and citizens band radio operators from the prohibition against unauthorized publication of radio communications.

Amends the criminal code to extend to FCC employees the statutory protection against assaults and death that exists for Federal employees.