(14) Section 1295(a)(4) of title 28, United States Code, is amended (A) in subparagraph (A) by inserting "United States" before "Patent and Trademark"; and (B) in subparagraph (B) by striking "Commissioner of Patents and Trademarks" and inserting "Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office". (15) Chapter 115 of title 28, United States Code, is amended (A) in the item relating to section 1744 in the table of sections by striking "Patent Office" and inserting "United States Patent and Trademark Office"; (B) in section 1744 (i) by striking "Patent Office" each place it appears in the text and section heading and inserting "United States Patent and Trademark Office"; and (ii) by striking "Commissioner of Patents" and inserting "Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office"; and (C) by striking "Commissioner" and inserting "Director". (16) Section 1745 of title 28, United States Code, is amended by striking "United States Patent Office" and inserting "United States Patent and Trademark Office". (17) Section 1928 of title 28, United States Code, is amended by striking "Patent Office" and inserting "United States Patent and Trademark Office". (18) Section 151 of the Atomic Energy Act of 1954 (42 U.S.C. 2181) is amended in subsections c. and d. by striking “Commissioner of Patents” and inserting "Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office”. (19) Section 152 of the Atomic Energy Act of 1954 (42 U.S.C. 2182) is amended by striking "Commissioner of Patents" each place it appears and inserting "Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office". (20) Section 305 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2457) is amended (A) in subsection (c) by striking "Commissioner of Patents" and inserting "Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (hereafter in this section referred to as the 'Director')"; and (B) by striking "Commissioner" each subsequent place it appears and inserting "Director". (21) Section 12(a) of the Solar Heating and Cooling Demonstration Act of 1974 (42 U.S.C. 5510(a)) is amended by striking "Commissioner of the Patent Office" and inserting "Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office". (22) Section 1111 of title 44, United States Code, is amended by striking "the Commissioner of Patents,". (23) Section 1114 of title 44, United States Code, is amended by striking "the Commissioner of Patents,". (24) Section 1123 of title 44, United States Code, is amended by striking "the Patent Office," (25) Sections 1337 and 1338 of title 44, United States Code, and the items relating to those sections in the table of contents for chapter 13 of such title, are repealed. (26) Section 10(i) of the Trading with the enemy Act (50 U.S.C. App. 10(i)) is amended by striking "Commissioner of Patents" and inserting "Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office". CHAPTER 3-MISCELLANEOUS PROVISIONS SEC. 4741. REFERENCES. (a) IN GENERAL.-Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a department or office from which a function is transferred by this subtitle (1) to the head of such department or office is deemed to refer to the head of the department or office to which such function is transferred; or (2) to such department or office is deemed to refer to the department or office to which such function is transferred. (b) SPECIFIC REFERENCES.-Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to the Patent and Trademark Office (1) to the Commissioner of Patents and Trademarks is deemed to refer to the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office; (2) to the Assistant Commissioner for Patents is deemed to refer to the Commissioner for Patents; or (3) to the Assistant Commissioner for Trademarks is deemed to refer to the Commissioner for Trademarks. SEC. 4742. EXERCISE OF AUTHORITIES. Except as otherwise provided by law, a Federal official to whom a function is transferred by this subtitle may, for purposes of performing the function, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date of the transfer of the function under this subtitle. SEC. 4743. SAVINGS PROVISIONS. (a) LEGAL DOCUMENTS.-All orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges (1) that have been issued, made, granted, or allowed to become effective by the President, the Secretary of Commerce, any officer or employee of any office transferred by this subtitle, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this subtitle; and (2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date), shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, any other authorized official, a court of competent jurisdiction, or operation of law. (b) PROCEEDINGS. This subtitle shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending on the effective date of this subtitle before an office transferred by this subtitle, but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this subtitle had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be considered to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this subtitle had not been enacted. (c) SUITS.-This subtitle shall not affect suits commenced before the effective date of this subtitle, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this subtitle had not been enacted. (d) NONABATEMENT OF ACTIONS.-No suit, action, or other proceeding commenced by or against the Department of Commerce or the Sec retary of Commerce, or by or against any individual in the official capacity of such individual as an officer or employee of an office transferred by this subtitle, shall abate by reason of the enactment of this subtitle. (e) CONTINUANCE OF SUITS.-If any Government officer in the official capacity of such officer is party to a suit with respect to a function of the officer, and under this subtitle such function is transferred to any other officer or office, then such suit shall be continued with the other officer or the head of such other office, as applicable, substituted or added as a party. (f) ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW.-Except as otherwise provided by this subtitle, any statutory requirements relating to notice, hearings, action upon the record, or administrative or judicial review that apply to any function transferred by this subtitle shall apply to the exercise of such function by the head of the Federal agency, and other officers of the agency, to which such function is transferred by this subtitle. SEC. 4744. TRANSFER OF ASSETS. Except as otherwise provided in this subtitle, so much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with a function transferred to an official or agency by this subtitle shall be available to the official or the head of that agency, respectively, at such time or times as the Director of the Office of Management and Budget directs for use in connection with the functions transferred. SEC. 4745. DELEGATION AND ASSIGNMENT. Except as otherwise expressly prohibited by law or otherwise provided in this subtitle, an official to whom functions are transferred under this subtitle (including the head of any office to which functions are transferred under this subtitle) may delegate any of the functions so transferred to such officers and employees of the office of the official as the official may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions under this section or under any other provision of this subtitle shall relieve the official to whom a function is transferred under this subtitle of responsibility for the administration of the function. SEC. 4746. AUTHORITY OF DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET WITH ΤΟ FUNCTIONS RESPECT TRANSFERRED. (a) DETERMINATIONS.-If necessary, the Director of the Office of Management and Budget shall make any determination of the functions that are transferred under this subtitle. (b) INCIDENTAL TRANSFERS.-The Director of the Office of Management and Budget, at such time or times as the Director shall provide, may make such determinations as may be necessary with regard to the functions transferred by this subtitle, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this subtitle. The Director shall provide for the termination of the affairs of all entities terminated by this subtitle and for such further measures and dispositions as may be necessary to effectuate the purposes of this subtitle. SEC. 4747. CERTAIN VESTING OF FUNCTIONS For purposes of this subtitle, the vesting of a function in a department or office pursuant to reestablishment of an office shall be considered to be the transfer of the function. SEC. 4748. AVAILABILITY OF EXISTING FUNDS. Existing appropriations and funds available for the performance of functions, programs, and activities terminated pursuant to this subtitle shall remain available, for the duration of their 1 period of availability, for necessary expenses in connection with the termination and resolution of such functions, programs, and activities, subject to the submission of a plan to the Committees on Appropriations of the House and Senate in accordance with the procedures set forth in section 605 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999, as contained in Public Law 105–277. SEC. 4749. DEFINITIONS. For purposes of this subtitle— (1) the term "function" includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; and (2) the term "office" includes any office, administration, agency, bureau, institute, council, unit, organizational entity, or component thereof. Subtitle H-Miscellaneous Patent Provisions SEC. 4801. PROVISIONAL APPLICATIONS. (a) ABANDONMENT.-Section 111(b)(5) of title 35, United States Code, is amended to read as follows: “(5) ABANDONMENT.—Notwithstanding the absence of a claim, upon timely request and as prescribed by the Director, a provisional application may be treated as an application filed under subsection (a). Subject to section 119(e)(3) of this title, if no such request is made, the provisional application shall be regarded as abandoned 12 months after the filing date of such application and shall not be subject to revival after such 12-month period.". (b) TECHNICAL AMENDMENT RELATING ΤΟ WEEKENDS AND HOLIDAYS.-Section 119(e) of title 35, United States Code, is amended by adding at the end the following: "(3) If the day that is 12 months after the filing date of a provisional application falls on a Saturday, Sunday, or Federal holiday within the District of Columbia, the period of pendency of the provisional application shall be extended to the next succeeding secular or business day.". (c) ELIMINATION OF COPENDENCY REQUIREMENT.-Section 119(e)(2) of title 35, United States Code, is amended by striking "and the provisional application was pending on the filing date of the application for patent under section 111(a) or section 363 of this title”. (d) EFFECTIVE DATE.-The amendments made by this section shall take effect on the date of enactment of this Act and shall apply to any provisional application filed on or after June 8, 1995, except that the amendments made by subsections (b) and (c) shall have no effect with respect to any patent which is the subject of litigation in an action commenced before such date of enactment. SEC. 4802. INTERNATIONAL APPLICATIONS. Section 119 of title 35, United States Code, is amended as follows: (1) In subsection (a), insert "or in a WTO member country," after "or citizens of the United States,”. (2) At the end of section 119 add the following new subsections: "(f) Applications for plant breeder's rights filed in a WTO member country (or in a foreign UPOV Contracting Party) shall have the same effect for the purpose of the right of priority under subsections (a) through (c) of this section as applications for patents, subject to the same conditions and requirements of this section as apply to applications for patents. “(g) As used in this section— "(1) the term 'WTO member country' has the same meaning as the term is defined in section 104(b)(2) of this title; and "(2) the term 'UPOV Contracting Party' means a member of the International Convention for the Protection of New Varieties of Plants.". SEC. 4803. CERTAIN LIMITATIONS ON DAMAGES FOR PATENT INFRINGEMENT NOT APPLICABLE. Section 287(c)(4) of title 35, United States Code, is amended by striking "before the date of enactment of this subsection" and inserting "based on an application the earliest effective filing date of which is prior to September 30, 1996". SEC. 4804. ELECTRONIC FILING AND PUBLICATIONS. (a) PRINTING OF PAPERS FILED.-Section 22 of title 35, United States Code, is amended by striking "printed or typewritten" and inserting "printed, typewritten, or on an electronic medium". (b) PUBLICATIONS.-Section 11(a) of title 35, United States Code, is amended by amending the matter preceding paragraph 1 to read as follows: "(a) The Director may publish in printed, typewritten, or electronic form, the following:". (c) COPIES OF PATENTS FOR PUBLIC LIBRARIES.-Section 13 of title 35, United States Code, is amended by striking "printed copies of specifications and drawings of patents" and inserting "copies of specifications and drawings of patents in printed or electronic form". (d) MAINTENANCE OF COLLECTIONS.— (1) ELECTRONIC COLLECTIONS.-Section 41(i)(1) of title 35, United States Code, is amended by striking "paper or microform" and inserting "paper, microform, or electronic". (2) CONTINUATION OF MAINTENANCE.-The Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office shall not, pursuant to the amendment made by paragraph (1), cease to maintain, for use by the public, paper or microform collections of United States patents, foreign patent documents, and United States trademark registrations, except pursuant to notice and opportunity for public comment and except that the Director shall first submit a report to the Committees on the Judiciary of the Senate and the House of Representatives detailing such plan, including a description of the mechanisms in place to ensure the integrity of such collections and the data contained therein, as well as to ensure prompt public access to the most current available information, and certifying that the implementation of such plan will not negatively impact the public. SEC. 4805. STUDY AND REPORT ON BIOLOGICAL DEPOSITS IN SUPPORT OF BIOTECHNOLOGY PATENTS. (a) IN GENERAL.-Not later than 6 months after the date of enactment of this Act, the Comptroller General of the United States, in consultation with the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, shall conduct a study and submit a report to Congress on the potential risks to the United States biotechnology industry relating to biological deposits in support of biotechnology patents. (b) CONTENTS.-The study conducted under this section shall include (1) an examination of the risk of export and the risk of transfers to third parties of biological deposits, and the risks posed by the change to 18-month publication requirements made by this subtitle; (2) an analysis of comparative legal and regulatory regimes; and (3) any related recommendations. (c) CONSIDERATION OF REPORT.-In drafting regulations affecting biological deposits (including any modification of title 37, Code of Federal Regulations, section 1.801 et seq.), the United States Patent and Trademark Office shall consider the recommendations of the study conducted under this section. SEC. 4806. PRIOR INVENTION. Section 102(g) of title 35, United States Code, is amended to read as follows: “(g)(1) during the course of an interference conducted under section 135 or section 291, another inventor involved therein establishes, to the extent permitted in section 104, that before such person's invention thereof the invention was made by such other inventor and not aban doned, suppressed, or concealed, or (2) before such person's invention thereof, the invention was made in this country by another inventor who had not abandoned, suppressed, or concealed it. In determining priority of invention under this subsection, there shall be considered not only the respective dates of conception and reduction to practice of the invention, but also the reasonable diligence of one who was first to conceive and last to reduce to practice, from a time prior to conception by the other.". SEC. 4807. PRIOR ART EXCLUSION FOR CERTAIN COMMONLY ASSIGNED PATENTS. (a) PRIOR ART EXCLUSION.-Section 103(c) of title 35, United States Code, is amended by striking "subsection (f) or (g)" and inserting "one or more of subsections (e), (f), and (g)”. (b) EFFECTIVE DATE.-The amendment made by this section shall apply to any application for patent filed on or after the date of enactment of this Act. SEC. 4808. EXCHANGE OF COPIES OF PATENTS WITH FOREIGN COUNTRIES. Section 12 of title 35, United States Code, is amended by adding at the end the following: "The Director shall not enter into an agreement to provide such copies of specifications and drawings of United States patents and applications to a foreign country, other than a NAFTA country or a WTO member country, without the express authorization of the Secretary of Commerce. For purposes of this section, the terms 'NAFTA country' and 'WTO member country' have the meanings given those terms in section 104(b).". TITLE V-MISCELLANEOUS PROVISIONS SEC. 5001. COMMISSION ON ONLINE CHILD PROTECTION. (a) REFERENCES.—Wherever in this section an amendment is expressed in terms of an amendment to any provision, the reference shall be considered to be made to such provision of section 1405 of the Child Online Protection Act (47 U.S.C. 231 note). MEMBERSHIP.-Subsection (b) amended (b) is (1) by striking paragraph (1) and inserting the following new paragraph: “(1) INDUSTRY MEMBERS.-The Commission shall include 16 members who shall consist of representatives of "(A) providers of Internet filtering or blocking services or software; “(B) Internet access services; "(G) providers that make content available over the Internet. Of the members of the Commission by reason of this paragraph, an equal number shall be appointed by the Speaker of the House of Representatives and by the Majority Leader of the Senate. Members of the Commission appointed on or before October 31, 1999, shall remain members."; and (2) by adding at the end the following new paragraph: "(3) PROHIBITION OF PAY.-Members of the Commission shall not receive any pay by reason of their membership on the Commission.". (c) EXTENSION OF REPORTING DEADLINE.-The matter in subsection (d) that precedes paragraph (1) is amended by striking "1 year" and inserting "2 years". (d) TERMINATION.-Subsection (f) is amended by inserting before the period at the end the following: "or November 30, 2000, whichever occurs earlier". (e) FIRST MEETING AND CHAIRPERSON.-Section 1405 is amended— (1) by striking subsection (e); (2) by redesignating subsections (f) (as amended by the preceding provisions of this section) and (g) as subsections (1) and (m), respectively; (3) by redesignating subsections (c) and (d) (as amended by the preceding provisions of this section) as subsections (e) and (f), respectively; and (4) by inserting after subsection (b) the following new subsections: "(c) FIRST MEETING.-The Commission shall hold its first meeting not later than March 31, 2000. "(d) CHAIRPERSON.-The chairperson of the Commission shall be elected by a vote of a majority of the members, which shall take place not later than 30 days after the first meeting of the Commission.". (f) RULES OF THE COMMISSION.-Section 1405 is amended by inserting after subsection (f) (as so redesignated by subsection (e)(3) of this section) the following new subsection: "(g) RULES OF THE COMMISSION.— "(1) QUORUM.-Nine members of the Commission shall constitute a quorum for conducting the business of the Commission. "(2) MEETINGS.-Any meetings held by the Commission shall be duly noticed at least 14 days in advance and shall be open to the public. "(3) OPPORTUNITIES TO TESTIFY.-The Commission shall provide opportunities for representatives of the general public to testify. "(4) ADDITIONAL RULES.-The Commission may adopt other rules as necessary to carry out this section.". SEC. 5002. PRIVACY PROTECTION FOR DONORS TO PUBLIC BROADCASTING ENTITIES. (a) AMENDMENT.-Section 396(k) of the Communications Act of 1934 (47 U.S.C. 396(k)) is amended by adding at the end the following new paragraph: "(12) Funds may not be distributed under this subsection to any public broadcasting entity that directly or indirectly "(A) rents contributor or donor names (or other personally identifiable information) to or from, or exchanges such names or information with, any Federal, State, or local candidate, political party, or political committee; or "(B) discloses contributor or donor names, or other personally identifiable information, to any nonaffiliated third party unless "(i) such entity clearly and conspicuously discloses to the contributor or donor that such information may be disclosed to such third party; "(ii) the contributor or donor is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party; and "(iii) the contributor or donor is given an explanation of how the contributor or donor may exercise that nondisclosure option.". (b) EFFECTIVE DATE.-The amendment made by subsection (a) shall apply with respect to funds distributed on or after 6 months after the date of enactment of this Act. 34 SEC. 5003. COMPLETION OF BIENNIAL REGULATORY REVIEW. Within 180 days after the date of enactment of this Act, the Federal Communications Commission shall complete the first biennial review required by section 202(h) of the Telecommunications Act of 1996 (Public Law 104-104; 110 Stat. 111). SEC. 5004. PUBLIC BROADCASTING ENTITIES. (a) CIVIL REMITTANCE OF DAMAGES.-Section 1203(c)(5)(B) of title 17, United States Code, is amended to read as follows: "(B) NONPROFIT LIBRARY, ARCHIVES, EDUCATIONAL INSTITUTIONS, OR PUBLIC BROADCASTING ENTITIES. "(i) DEFINITION.-In this subparagraph, the term 'public broadcasting entity' has the meaning given such term under section 118(g). "(ii) IN GENERAL.-In the case of a nonprofit library, archives, educational institution, or public broadcasting entity, the court shall remit damages in any case in which the library, archives, educational institution, or public broadcasting entity sustains the burden of proving, and the court finds, that the library, archives, educational institution, or public broadcasting entity was not aware and had no reason to believe that its acts constituted a violation.". (b) CRIMINAL OFFENSES AND PENALTIES.-Section 1204(b) of title 17, United States Code, is amended to read as follows: “(b) LIMITATION FOR NONPROFIT LIBRARY, ARCHIVES, EDUCATIONAL INSTITUTION, OR PUBLIC BROADCASTING ENTITY.—Subsection (a) shall not apply to a nonprofit library, archives, educational institution, or public broadcasting entity (as defined under section 118(g).". SEC. 5005. TECHNICAL AMENDMENTS RELATING TO VESSEL HULL DESIGN PROTECTION. (a) IN GENERAL.— (1) Section 504(a) of the Digital Millennium Copyright Act (Public Law 105-304) is amended to read as follows: “(a) IN GENERAL.-Not later than November 1, 2003, the Register of Copyrights and the Commissioner of Patents and Trademarks shall submit to the Committees on the Judiciary of the Senate and the House of Representatives a joint report evaluating the effect of the amendments made by this title.”. (2) Section 505 of the Digital Millennium Copyright Act is amended by striking "and shall remain in effect" and all that follows through the end of the section and inserting a period. (3) Section 1301(b)(3) of title 17, United States Code, is amended to read as follows: "(3) A 'vessel' is a craft— "(A) that is designed and capable of independently steering a course on or through water through its own means of propulsion; and "(B) that is designed and capable of carrying and transporting one or more passengers.". (4) Section 1313(c) of title 17, United States Code, is amended by adding at the end the following: "Costs of the cancellation procedure under this subsection shall be borne by the nonprevailing party or parties, and the Administrator shall have the authority to assess and collect such costs.". 34 (b) TARIFF ACT OF 1930.-Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) is amended(1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (A), by striking "and (D)" and inserting "(D), and (E)"; and (ii) by adding at the end the following: "(E) The importation into the United States, the sale for importation, or the sale within the United States after importation by the owner, importer, or consigner, of an article that constitutes infringement of the exclusive rights in a design protected under chapter 13 of title 17, United States Code."; and (B) in paragraphs (2) and (3), by striking "or mask work" and inserting "mask work, or design"; and (2) in subsection (1), by striking "or mask work" each place it appears and inserting "mask work, or design". SEC. 5006. INFORMAL RULEMAKING OF COPYRIGHT DETERMINATION. Section 1201(a)(1)(C) of title 17, United States Code, is amended in the first sentence by striking "on the record". SEC. 5007. SERVICE OF PROCESS FOR SURETY CORPORATIONS. Section 9306 of title 31, United States Code, is amended (1) in subsection (a) by striking all beginning with "designates a person by written power of attorney" through the end of such subsection and inserting the following: "has a resident agent for service of process for that district. The resident agent "(1) may be an official of the State, the District of Columbia, the territory or possession in which the court sits who is authorized or appointed under the law of the State, District, territory or possession to receive service of process on the corporation; or "(2) may be an individual who resides in the jurisdiction of the district court for the district in which a surety bond is to be provided and who is appointed by the corporation as provided in subsection (b)"; and (2) in subsection (b) by striking “The” and inserting "If the surety corporation meets the requirement of subsection (a) by appointing an individual under subsection (a)(2), the". SEC. 5008. LOW-POWER TELEVISION. (a) SHORT TITLE.-This section may be cited as the "Community Broadcasters Protection Act of 1999" (b) FINDINGS.-Congress finds the following: (1) Since the creation of low-power television licenses by the Federal Communications Commission, a small number of license holders have operated their stations in a manner beneficial to the public good providing broadcasting to their communities that would not otherwise be avail able. (2) These low-power broadcasters have operated their stations in a manner consistent with the programming objectives and hours of operation of full-power broadcasters providing worthwhile services to their respective communities while under severe license limitations compared to their full-power counterparts. (3) License limitations, particularly the temporary nature of the license, have blocked many low-power broadcasters from having access to capital, and have severely hampered their ability to continue to provide quality broadcasting, programming, or improvements. (4) The passage of the Telecommunications Act of 1996 has added to the uncertainty of the future status of these stations by the lack of specific provisions regarding the permanency of their licenses, or their treatment during the transition to high definition, digital television. (5) It is in the public interest to promote diversity in television programming such as that currently provided by low-power television stations to foreign-language communities. (c) PRESERVATION OF LOW-POWER COMMUNITY TELEVISION BROADCASTING.-Section 336 of the Communications Act of 1934 (47 U.S.C. 336) is amended (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following new subsection: "(f) PRESERVATION OF LOW-POWER COMMUNITY TELEVISION BROADCASTING.— "(1) CREATION OF CLASS A LICENSES. "(A) RULEMAKING REQUIRED.—Within 120 days after the date of enactment of the Community Broadcasters Protection Act of 1999, the Commission shall prescribe regulations to establish a class A television license to be available to licensees of qualifying low-power television stations. Such regulations shall provide that— "(i) the license shall be subject to the same license terms and renewal standards as the licenses for full-power television stations except as provided in this subsection; and "(ii) each such class A licensee shall be accorded primary status as a television broadcaster as long as the station continues to meet the requirements for a qualifying low-power station in paragraph (2). “(B) NOTICE TO AND CERTIFICATION BY LICENSEES.-Within 30 days after the date of enactment of the Community Broadcasters Protection Act of 1999, the Commission shall send a notice to the licensees of all low-power televisions licenses that describes the requirements for class A designation. Within 60 days after such date of enactment, licensees intending to seek class A designation shall submit to the Commission a certification of eligibility based on the qualification requirements of this subsection. Absent a material deficiency, the Commission shall grant certification of eligibility to apply for class A status. "(C) APPLICATION FOR AND AWARD OF LICENSES.-Consistent with the requirements set forth in paragraph (2)(A) of this subsection, a licensee may submit an application for class A designation under this paragraph within 30 days after final regulations are adopted under subparagraph (A) of this paragraph. Except as provided in paragraphs (6) and (7), the Commission shall, within 30 days after receipt of an application of a licensee of a qualifying low-power television station that is acceptable for filing, award such a class A television station license to such licensee. "(D) RESOLUTION OF TECHNICAL PROBLEMS.The Commission shall act to preserve the service areas of low-power television licensees pending the final resolution of a class A application. If, after granting certification of eligibility for a class A license, technical problems arise requiring an engineering solution to a full-power station's allotted parameters or channel assignment in the digital television Table of Allotments, the Commission shall make such modifications as necessary "(i) to ensure replication of the full-power digital television applicant's service area, as provided for in sections 73.622 and 73.623 of the Commission's regulations (47 C.F.R. 73.622, 73.623); and "(ii) to permit maximization of a full power digital television applicant's service area consistent with such sections 73.622 and 73.623; if such applicant has filed an application for maximization or a notice of its intent to seek such maximization by December 31, 1999, and filed a bona fide application for maximization by May 1, 2000. Any such applicant shall comply with all applicable Commission rules regarding the construction of digital television facilities. (E) CHANGE APPLICATIONS.-If a station that is awarded a construction permit to maximize or significantly enhance its digital television service area, later files a change application to reduce its digital television service area, the protected contour of that station shall be reduced in accordance with such change modification. "(2) QUALIFYING LOW-POWER TELEVISION STATIONS. For purposes of this subsection, a station is a qualifying low-power television station if— "(A)(i) during the 90 days preceding the date of enactment of the Community Broadcasters Protection Act of 1999— "(I) such station broadcast a minimum of 18 hours per day; "(II) such station broadcast an average of at least 3 hours per week of programming that was produced within the market area served by such station, or the market area served by a group of commonly controlled low-power stations that carry common common local programming produced within the market area served by such group; and "(III) such station was in compliance with the Commission's requirements applicable to lowpower television stations; and "(ii) from and after the date of its application for a class A license, the station is in compliance with the Commission's operating rules for fullpower television stations; or "(B) the Commission determines that the public interest, convenience, and necessity would be served by treating the station as a qualifying low-power television station for purposes of this section, or for other reasons determined by the Commission. "(3) COMMON OWNERSHIP.—No low-power television station authorized as of the date of enactment of the Community Broadcasters Protection Act of 1999 shall be disqualified for a class A license based on common ownership with any other medium of mass communication. "(4) ISSUANCE OF LICENSES FOR ADVANCED TELEVISION SERVICES TO TELEVISION TRANSLATOR STATIONS AND QUALIFYING LOW-POWER TELEVISION STATIONS.-The Commission is not required to issue any additional license for advanced television services to the licensee of a class A television station under this subsection, or to any licensee of any television translator station, but shall accept a license application for such services proposing facilities that will not cause interference to the service area of any other broadcast facility applied for, protected, permitted, or authorized on the date of filing of the advanced television application. Such new license or the original license of the applicant shall be forfeited after the end of the digital television service transition period, as determined by the Commission. A licensee of a low-power television station or television translator station may, at the option of licensee, elect to convert to the provision of advanced television services on its analog channel, but shall not be required to convert to digital operation until the end of such transition period. "(5) NO PREEMPTION OF SECTION 337.-Nothing in this subsection preempts or otherwise affects section 337 of this Act. "(6) INTERIM QUALIFICATION.— "(A) STATIONS OPERATING WITHIN CERTAIN BANDWIDTH.—The Commission may not grant a class A license to a low-power television station for operation between 698 and 806 megahertz, but the Commission shall provide to low-power television stations assigned to and temporarily operating in that bandwidth the opportunity to meet the qualification requirements for a class A license. If such a qualified applicant for a class A license is assigned a channel within the core spectrum (as such term is defined in MM Docket 87-286, February 17, 1998), the Commission shall issue a class A license simultaneously with the assignment of such channel. OFF-LIMITS.-The "(B) CERTAIN CHANNELS Commission may not grant under this subsection a class A license to a low-power television station operating on a channel within the core spectrum that includes any of the 175 additional channels referenced in paragraph 45 of its February 23, 1998, Memorandum Opinion and Order on Reconsideration of the Sixth Report and Order (MM Docket No. 87-268). Within 18 months after the date of enactment of the Community Broadcasters Protection Act of 1999, the Commission shall identify by channel, location, and applicable technical parameters those 175 channels. "(7) NO INTERFERENCE REQUIREMENT.—The Commission may not grant a class A license, nor approve a modification of a class A license, unless the applicant or licensee shows that the class A station for which the license or modification is sought will not cause— "(A) interference within "(i) the predicted Grade B contour (as of the date of enactment of the Community Broadcasters Protection Act of 1999, or November 1, 1999, whichever is later, or as proposed in a change application filed on or before such date) of any television station transmitting in analog format; or "(ii)(I) the digital television service areas provided in the DTV Table of Allotments; (II) the areas protected in the Commission's digital television regulations (47 C.F.R. 73.622(e) and (f)); (III) the digital television service areas of stations subsequently granted by the Commission prior to the filing of a class A application; and (IV) stations seeking to maximize power under the Commission's rules, if such station has complied with the notification requirements in paragraph (1)(D); "(B) interference within the protected contour of any low-power television station or lowpower television translator station that "(i) was licensed prior to the date on which the application for a class A license, or for the modification of such a license, was filed; "(ii) was authorized by construction permit prior to such date; or "(iii) had a pending application that was submitted prior to such date; "(C) interference within the protected contour of 80 miles from the geographic center of the areas listed in section 22.625(b)(1) or 90.303 of the Commission's regulations (47 C.F.R. 22.625(b)(1) and 90.303) for frequencies in— "(i) the 470-512 megahertz band identified in section 22.621 or 90.303 of such regulations; or "(ii) the 482-488 megahertz band in New York. "(8) PRIORITY FOR DISPLACED LOW-POWER STATIONS.-Low-power stations that are displaced by an application filed under this section shall have priority over other low-power stations in the assignment of available channels.". And the Senate agree to the same. From the Committee on Commerce, for consideration of the House bill and the Senate amendment, and modifications committed to conference: TOM BLILEY, BILLY TAUZIN, MICHAEL G. OXLEY, JOHN D. DINGELL, EDWARD J. MARKEY, Provided that Mr. BOUCHER is appointed in lieu of Mr. MARKEY for consideration of secs. 712(b)(1), 712(b)(2), and 712(c)(1) of the Communications Act of 1934 as added by sec. 104 of the House bill. RICK BOUCHER, From the Committee on the Judiciary, for consideration of the House bill and the Senate amendment, and modifications committed to conference: HENRY HYDE, BOB GOODLATTE, JOHN CONYERS, HOWARD L. BERMAN, Managers on the Part of the House. From the Committee on the Judiciary: STROM THURMOND, MIKE DEWINE, PATRICK LEAHY, From the Committee on Commerce, Science, and Transportation: TED STEVENS, FRITZ HOLLINGS, Managers on the Part of the Senate. Pending consideration of the motion, On motion of Mr. ARMEY, by unanimous consent, the time for debate was divided equally among Messrs. COBLE, TAUZIN, CONYERS, and MARKEY. After debate, The question being put, viva voce, Will the House suspend the rules and agree to said conference report? The SPEAKER pro tempore, Mr. LATOURETTE, announced that twothirds of the Members present had voted in the affirmative. Mr. COBLE demanded that the vote be taken by the yeas and nays, which demand was supported by one-fifth of the Members present, so the yeas and nays were ordered. The SPEAKER pro tempore, Mr. LATOURETTE, pursuant to clause 8, rule XX, announced that further proceedings on the motion were postponed. ¶129.32 H.R. 1554-UNFINISHED BUSINESS The SPEAKER pro tempore, Mr. WALDEN, pursuant to clause 8, rule XX, announced the further unfinished business to be the motion to suspend the rules and agree to the conference report on the bill (H.R. 1554) to amend the provisions of title 17, United States Code, and the Communications Act of 1934, relating to copyright licensing and carriage of broadcast signals by satellite. The question being put, Will the House suspend the rules and agree to said conference report? The vote was taken by electronic device. It was decided in the Yeas affirmative .... [Roll No. 581] Nays 411 8 ¶129.33 Phelps Tanner Pickering Tauscher 417 Lewis (CA) Pickett Tauzin ....... Nays Lewis (GA) Pitts Taylor (MS) 0 Lewis (KY) Allen Clement Frost Gallegly Ganske McCollum McCrery McGovern Rodriguez Roemer Traficant Turner Udall (CO) Udall (NM) Upton Velazquez Vento Visclosky Hall (TX) Hastings (FL) Hill (IN) Hilleary Baker Cox Coyne Cramer Baldacci Hall (OH) Greenwood Gutierrez Gutknecht DeFazio DeGette Delahunt Rohrabacher Vitter Bentsen DeLauro Hilliard Barrett (WI) Cramer Goss DeMint Hinojosa Wamp Berman Watt (NC) Weller Roybal-Allard Waters Royce Bilbray Salmon Sanchez Sanders Sandlin Bilirakis Bishop Blagojevich Bliley Blumenauer Blunt Boehlert Miller (FL) Sanford Whitfield Boehner Miller, Gary Sawyer Wicker Hunter Hutchinson Hyde Inslee Schakowsky Scott Wolf Boehlert Dicks Hilleary NOT VOTING-16 Brady (PA) Deal Matsui Edwards Gephardt McDermott Pascrell So, Holt Houghton Istook Jackson (IL) Jefferson Johnson (CT) of two-thirds present having voted in favor thereof, the rules were suspended and said concurrent resolution was agreed to. A motion to reconsider the vote whereby the rules were suspended and said concurrent resolution was agreed to was, by unanimous consent, laid on the table. Ordered, That the Clerk request the concurrence of the Senate in said concurrent resolution. Spratt Burton Wexler Young (FL) Buyer Callahan Calvert Etheridge Evans Everett Ewing Farr Fattah Filner Fletcher Foley Engel English Eshoo Istook Jackson (IL) Jackson-Lee (TX) Jefferson Jenkins John Johnson (CT) Johnson, E. B. Johnson, Sam Jones (NC) Forbes Camp the Members Fossella Capuano Cardin Carson |