Page:United States Statutes at Large Volume 110 Part 1.djvu/133

 PUBLIC LAW 104-104—FEB. 8, 1996 110 STAT. 109 "(A) for which the payment of a subscription fee is required in order to receive such services, or "(B) for which the Hcensee directly or indirectly receives compensation from a third party in return for transmitting material furnished by such third party (other than commercial advertisements used to support broadcasting for which a subscription fee is not required), the Commission shall establish a program to assess and collect from the licensee for such designated frequency an annual fee or other schedule or method of payment that promotes the objectives described in subparagraphs (A) and (B) of paragraph (2). "(2) COLLECTION OF FEES. —The program required by paragraph (1) shall— "(A) be designed (i) to recover for the public a portion of the value of the public spectrum resource made available for such commercial use, and (ii) to avoid unjust enrichment through the method employed to permit such uses of that resource; "(B) recover for the public an amount that, to the extent feasible, equals but does not exceed (over the term of the license) the amount that would have been recovered had such services been licensed pursuant to the provisions of section 309(j) of this Act and the Commission's regulations thereunder; and "(C) be adjusted by the Commission from time to time in order to continue to comply with the requirements of this paragraph. " (3) TREATMENT OF REVENUES.— "(A) GENERAL RULE.— Except as provided in subparagraph (B), all proceeds obtained pursuant to the regulations required by this subsection shall be deposited in the Treasury in accordance with chapter 33 of title 31, United States Code. "(B) RETENTION OF REVENUES.— Notwithstanding subparagraph (A), the salaries and expenses account of the Commission shall retain as an offsetting collection such sums as may be necessary from such proceeds for the costs of developing and implementing the program required by this section and regulating and supervising advanced television services. Such offsetting collections shall be available for obligation subject to the terms and conditions of the receiving appropriations account, and shall be deposited in such accounts on a quarterly basis. "(4) REPORT. —Within 5 years after the date of enactment of the Telecommunications Act of 1996, the Commission shall report to the Congress on the implementation of the program required by this subsection, and shall annually thereafter advise the Congress on the amounts collected pursuant to such program. "(f) EVALUATION.— Within 10 years after the date the Commission first issues additional licenses for advanced television services, the Commission shall conduct an evaluation of the advanced television services program. Such evaluation shall include— "(1) an assessment of the willingness of consumers to purchase the television receivers necessary to receive broadcasts of advanced television services;

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