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(H.R. 9035, 88th Cong., 1st sess. ] A BILL To amend sections 303 and and 310 of the Communications Act of 1934,

amended, to provide that the Federal Communications Commission may issue authorizations, but not licenses, for alien amateur radio operators to operate their amateur radio stations in the United States, its possessions, and the Commonwealth of Puerto Rico provided there is in effect a bilateral agreement between the United States and the alien's government for such operation by United States amateurs on a reciprocal basis

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (1) of section 303 of the Communications Act of 1934 (47 U.S.C. 303) is amended

(1) by inserting “(1)” immediately after “(1)"; and

(2) by adding at the end of such subsection the following: “(2) Notwithstanding section 301 of this Act and paragraph (1) of this subsection, the Commission may issue authorizations, under such conditions and terms as it may prescribe, to permit an alien licensed by his government as an amateur radio operator to operate his amateur radio station licensed by his government in the United States, its possessions, and the Commonwealth of Puerto Rico provided there is in effect a bilateral agreement between the United States and the alien's governient for such operation on a reciprocal basis by United States amateur radio operators: Provided, That when an application for an authorization is received by the Commission, it shall notify the appropriate agencies of the Government of such fact, and such agencies shall forthwith furnish to the Commission such information in their possession as bears upon the compatibility of the request with the national security: And provided further, That the requested authorization may then be granted unless the Commission shall determine that information received from such agencies necessitates denial of the request. Other provisions of this Act and of the Administrative Procedure Act shall not be applicable to any request or application for or modification, suspension,

or cancellation of any such authorization." SEC. 2. Subsection (a) of section 310 of the Communications Act of 1934 is amended by adding at the end thereof the following: "Notwithstanding section 301 of this Act and paragraphs (1) and (2) of this subsection, the Commission may issue authorizations, under such conditions and terms as it may prescribe, to permit an alien licensed by his government as an amateur radio operator to operate his amateur radio station licensed by his government in the United States, its possessions, and the Commonwealth of Puerto Rico provided there is in effect a bilateral agreement between the United States and the alien's government for such operation on a reciprocal basis by United States amateur radio operators: Provided, That when an application for an authorization is received by the Commission, it shall notify the appropriate agencies of the Government of such fact, and such agencies shall forthwith furnish to the Commission such information in their possession as bears upon the compatibility of the request with the national security: And provided further, That the requested authorization may then be granted unless the Commission shall determine that information received from such agencies necessitates denial of the request. Other provisions of this Act and of the Administrative Procedure Act shall not be applicable to any request or application for or modification, suspension, or cancellation of any such authorization."

[S. 920, 88th Cong., 1st sess. ] AN ACT To amend sections 303 and 310 of the Communications Act of 1934, as amended,

to provide that the Federal Communications Commission may issue authorizations, but not licenses. for alien amateur radio operators to operate their amateur radio stations in the United States, its possessions, and the Commonwealth of Puerto Rico provided there is in effect a bilateral agreement between the United States and the alien's government for such operation by United States amateurs on a reciprocal basis

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (1) of section 303 of the Communications Act of 1937 (47 U.S.C. 303) is amended

(1) by inserting “(1)"immediately after “(1)”; and

(2) by adding at the end of such subsection the following: “(2) Notwithstanding section 301 of this Act and paragraph (1) of this subsection, the Commission may issue authorizations, under such conditions and terms as it may prescribe, to permit an alien licensed by his government as an ama

teur radio operator to operate his amateur radio station licensed by his government in the United States, its possessions, and the Commonwealth of Puerto Rico provided there is in effect a bilateral agreement between the United States and the alien's government for such operation on a reciprocal basis by United States amateur radio operators: Provided, That when an application for an authorization is received by the Commission, it shall notify the appropriate agencies of the Government of such fact, and such agencies shall forthwith furnish to the Commission such information in their possession as bears upon the compatibility of the request with the national security: And provided further, That the requested authorization may then be granted unless the Commission shall determine that information received from such agencies necessitates denial of the request. Other provisions of this Act and of the Administrative Procedure Act shall not be applicable to any request or application for or modification, suspension, or cancellation of any such authorization." SEC. 2. Subsection (a) of section 310 of the Communications Act of 1934 is amended by adding at the end thereof the following: "Notwithstanding section 301 of this Act and paragraphs (1) and (2) of this subsection, the Commission may issue authorizations, under such conditions and terms as it may prescribe, to permit an alien licensed by his government as an amateur radio operator to operate his amateur radio station licensed by his government in the United States, its possessions, and the Commonwealth of Puerto Rico provided there is in effect a bilateral agreement between the United States and the alien's government for such operation on a reciprocal basis by United States amateur radio operators: Provided, That when an application for an authorization is received by the Commission, it shall notify the appropriate agencies of the Government of such fact, and such agencies shall forthwith furnish to the Commission such information in their possession as bears upon the compatibility of the request with the national security: And provided further, That the requested authorization may then be granted unless the Commission shall determine that information received from such agencies necessitates denial of the request. Other provisions of this Act and the Administrative Procedure Act shall not be applicable to any request or application for or modification, suspension, or cancellation of any such authorization."

Passed the Senate October 16 (legislative day, October 15), 1963.
Attest:

FELTON M. JOHNSTON, Secretary.

EXECUTIVE OFFICE OF THE PRESIDENT,

BUREAU OF THE BUDGET,

Washington, D.C., February 6, 1964. Hon. OREN HARRIS, Chairman, Committee on Interstate and Foreign Commerce, House of Representatives, Washington, D.C.

DEAR JR. CHAIRMAN: This is in response to your requests for the views of the Bureau of the Budget on H.R. 7309, a bill to amend sections 303 and 310 of the Communications Act of 1934, as amended, to provide that the Federal Communications Commission may, if it finds that the public interest, convenience, or necessity may be serred, issue authorizations, but not licenses, for alien amateur radio operators to operate their amateur radio stations in the United States, its possessions, and the Commonwealth of Puerto Rico provided there is in effect a bilateral agreement between the United States and the alien's government for such operation by U.S. amateurs on a reciprocal basis.

H.R. 7309 is similar to S. 920 and would amend section 303 (which is concerned with operators) and section 310 (which is concerned with station licenses) of the Communications Act of 1934 to permit the Federal Communications Commission to anthorize alien amateur radio operators to operate their amateur radio stations in the United States, its possessions, and the Commonwealth of Puerto Rico, provided there is in effect a bilateral agreement between the United States and the alien's government for such operation by U.S. citizens on a reciprocal basis.

The Federal ('ommunications Commission has forwarded to you, as a part of its report, a copy of its letter dated September 30, 1963, to Senator John 0. Pastore concerning S. 920, which, when introduced in the Senate by Senator Goldwater, was identical to H.R. 7309. That letter was coordinated with and concurred in by the Departments of Defense, Justice, and State, and the Central Intelligence Agency, as indicated.

Subject to your consideration of the comments and amendments (which have been incorporated in S. 920 as passed by the Senate) contained in the Federal Communications Commission's letter to Senator Pastore, the Bureau of the Budget would have no objection to enactment of H.R. 7309. Sincerely yours,

PHILLIP S. HUGHES, Assistant Director for Legislative Reference.

FEDERAL COMMUNICATIONS COMMISSION,

Washington, D.C., September 6, 1963. Hon. OREN HARRIS, Chairman, Committee on Interstate and Foreign Commerce, House of Representatives, Washington, D.O.

DEAR CHAIRMAN HARRIS : This is with further reference to your letter of July 8, 1963, requesting the Commission's comments on H.R. 7309, a bill to permit the Commission to issue authorizations to alien amateurs licensed by their own countries provided there is in effect a bilateral agreement granting reciprocal privileges to U.S. amateur radio operators.

Inasmuch as this bill is identical to S. 920, on which the Commission has already submitted a report pursuant to a request from the Senate Commerce Committee, we wish to submit the same report and comments in response to your request.

Enclosed therefore please find six copies of our report on S. 920. We have been advised by the Bureau of the Budget that from the standpoint of the administration's program, there is no objection to the presentation of this report to the Congress.

Also enclosed are six copies of the Commission's letter of August 1, 1963, to the Bureau of the Budget expressing the Commission's views on the proposed comments of the Departments of State, Justice, and Defense on this bill. Yours sincerely,

E. WILLIAM HENRY, Chairman.

COMMENTS OF THE FEDERAL COMMUNICATIONS COMMISSION ON S. 920

S. 920 would amend section 303 (dealing with operators) and section 310 (dealing with station licenses) to provide that the Federal Communications Commission may, if it finds that the public interest, convenience, or necessity may be served, issue authorizations, but not licenses, for alien amateur radio operators to operate their amateur radio stations in the United States, its possessions, and the Commonwealth of Puerto Rico provided there is in effect a bilateral agreement between the United States and the alien's government for such operation by U.S. amateurs on a reciprocal basis. The bill also provides that other provisions of the Communications Act and the Administrative Procedure Act will not be applicable to any request or application for or modification, suspension, or cancellation of any such authorization.

This Commission has no objection, in principle, to permitting operation by alien amateurs on a reciprocal basis. Ilowever, as Congress is aware, such licensing would constitute a departure from the general concept embodied in the Communications Act against granting radio station licenses or radio operator licenses to aliens. At the present time, there are only two exceptions to this prohibition contained in sections 303(1) and 310(a) of the Communications Act against the granting of radio operator licenses and radio station licenses to aliens. The first was contained in a convention between the United States and Canada, effective May 15, 1952 (TIAS No. 2508), which permits citizens of either country who are station licensees to operate certain radio equipment, including amateur radio stations, while in the other country. The second exception results from amendments to sections 303(1) and 310(a), adopted in 1958 (Public Law 85–917), which permit the licensing of certain alien pilots flying aircraft in the United States."

1 Sec. 310(a) of the Communications Act also provided that nothing in that subsection shall prevent the licensing of radio apparatus on board any vessel, aircraft, or other mobile station of the United States when such apparatus is required by law or treaty.

***

The Commission commented on a bill in the 87th Congress, S. 2361, also designed to permit alient amateurs to operate in the United States. S. 920 was apparently drafted in an attempt to meet some of the factors which the Commission indicated in its earlier comments should be given careful consideration if Congress determined that legislation permitting reciprocal authorization of alien amateurs should be enacted.

The Commission's position can be summarized as follows: While the Commission has received a small number of sporadic inquiries from U.S. citizens desiring to use their amateur equipment in other countries and who cannot do so because the United States does not grant reciprocity, we have no indication that the interest in the matter, or its merits, considering the problems involved, would warrant our active support of the measure. We do, however, have no objection in principle, should the Congress determine such legislation is in the public interest.

One of the principal difficulties with any such proposal is the question of national security. The Commission's chief concern with S. 2361 was based on the requirement that the Commission find that the national security not be endangered by such grant. At that time, we pointed out our strong feeling that the Commission is not the appropriate agency to assume such responsibility. Our comment continued :

* This Commission is not staffed to make such national security findings with reference to alien applicants. There would appear to be a serious problem concerning the Commission's ability to obtain the information necessary to carry out this sensitive task as well as our ability to evaluate adequately whatever information is obtained. It should be noted that this Commission has not been given the task of making security clearances for alien applicants under the two exceptions which now exist; e.g., with respect to foreign pilots and Canadian mobile equipment. To the extent therefore that national security considerations are involved, we believe they should not be the responsibility of this Commission * *

While S. 920 would not specifically place this burden upon the Commission, and while reciprocal agreements, which would likely be limited to friendly nations, might reduce the national security problem, consideration of national security would remain in individual cases.

What the Commission would prefer-should Congress determine some legislation along this line is desirable is that the Commission's role in the matter be essentially a ministerial function of registering such operators. Thus, enactment of a bill by the Congress would itself be a determination that it is in the public interest to permit the operation. The Department of State and other appropriate agencies concerned could be given the responsibility of determining with which countries reciprocal agreements would be concluded. And, of overriding importance, the Department of Justice or other appropriate agency of Government, other than the Federal Communications Commission, should be given the statutory obligation to undertake whatever security measures are appropriate and to report its findings and recommendations to the Commission.

Under this type of procedure the Commission would then-without the necessity of a public interest finding (which, in effect, would have been made by the Congress) and without any responsibility for security determinations (which would have been accomplished by other appropriate agency)-perform the ministerial task of registering such individuals in the absence of any indication from the agency performing the security duties that registration of particular individuals should be denied. The Commission also could engage in such limited monitoring of such operations as proves necessary and feasible. These are essentially the same functions the Commission already performs under the treaty with Canada on this subject.

Any such legislation should provide that registration, renewal, or termination of registration shall be in accordance with procedures established by the Federal Communications Commission (without the necessity of rulemaking) and not entitled to any substantive or procedural benefits of the Communications Act or the Administrative Procedure Act.

As already mentioned, operation similar to that intended is permitted with respect to Canadian citizens in the United States by virtue of a treaty which was ratified by the Senate. The main purpose of S. 920 seems to be to pare the way for some similar authorization with respect to citizens of other countries, but apparently through executive agreements not requiring Senate ratification. If this is what is intended, it may be profitable, should Congress determine that some such legislation is in the public interest, to explore the desirability of a separate statute embodying the entire statutory scheme, and placing specific security responsibility outside the Commission.

31-49964- -2

In the event the committee determines that some legislation dealing with this subject is in the public interest, the Commission would be pleased to make its staff available to provide such technical assistance as may be desired.

FEDERAL COMMUNICATIONS COMMISSION,

Washington, D.C., A ust 1, 1963. Mr. PHILLIP S. HUGHES, Assistant Director for Legislative Reference, Bureau of the Budget, Washington, D.C.

DEAR MR. HUGHES: This refers to your request of July 26 for the Commission's views with respect to the proposed comments of the Departments of State, Justice, and Defense on S. 920, a bill to amend sections 303 and 310 of the Communications Act of 1934, as amended, with respect to alien amateur radio operators.

The Commission's comments on S. 920 were adopted by the Commission on July 3 and submitted to the Bureau of the Budget shortly thereafter. Several clarifying telephone discussions were held by representatives of the Commission and your staff.

We find nothing in the comments of the Departments of State, Justice, and Defense which is inconsistent with the Commission's views on S. 920. The De partment of Defense indicates that “the United States and its representatives have frequently been embarrassed because we have denied citizens of other countries the right to operate radios in this country and have, at the same time, sought to secure for our citizens amateur rights in foreign countries. The United States would appear in a more favorable light if we were to permit amateurs of other countries to operate radio stations here under the same safeguards that other governments apply to foreigners who operate amateur radios." The Commission in its comments notes that it has received only "a small number of sporadic inquiries from U.S. citizens desiring to use their amateur equipment in other countries and who cannot do so because the United States does not grant reciprocity" and that "we have no indication that the interest in the matter, or its merits, considering the problems involved, would warrant our active support of the measure" adding that we have no objection in principle should Congress determine such legislation is in the public interest.

These positions are, therefore, not necessarily inconsistent-the Defense Department saying that because of information available to it-it supports the bill, and this Commission saying its files do not contain evidence of sufficient interest in the matter to warrant its active support of the bill-in view of the problems involved.

Defense suggests that the words "if it (FCC) finds that the public interest, convenience or necessity may be served" be deleted from the title because they do not appear in the text of the bill. The Department of Justice notes that the bill provides for issuance of authorizations by the Commission "under such conditions and terins as it may prescribe.” It also notes that the opening sentence of section 303 provides “Except as otherwise provided in this chapter, the Commission from time to time, as public convenience. interest, or necessity requires, shall * * *” and suggests clarification of the language of the bill to avoid any question as to the findings required to be made by the Commission.

To expand slightly upon the Commission's comments in this regard—it is our position that-even though we don't have information which warrants our active support of the bill, its enactment by the Congress would itself be a public interest determination of the desirability to permit such operations under the conditions the Congress may set forth. Because section 303 contains the public interest language, it would seem unnecessary to include similar language in either the title or text. The Commission under the public interest standard would, therefore, consider any information in its files which would bear on whether the requested operation by a particular person would serve the public interest. For example, assuming such a statute and bilateral agreements, it would be pertinent for the Commission to consider that someone requesting such authority bad previously operated under such authority in violation of Commission rules. The language "under such conditions and terms as it [FCC] may prescribe" would simply provide us with additional flexibility in tailoring the operations in a particular case to provide for operation in the public interest.

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