Page:United States Statutes at Large Volume 114 Part 5.djvu/277

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PUBLIC LAW 106-554—APPENDIX D 114 STAT. 2763A-237 "(ii) the provision of 1-way digital data service by that station causes any interference. "(B) The Commission shall grant any such station, upon application (made in such form and manner and containing such information as the Commission may require) by the licensee or permittee of that station, authority to move the station to another location, to modify its facilities to operate on a different channel, or to use booster or auxiliary transmitting locations, if the grant of authority will not cause interference to the allowable or protected service areas of full service digital television stations. National Television Standards Committee assignments, or television translator stations, and provided, however, no such authority shall be granted unless it is consistent with existing Commission regulations relating to the movement, modification, and use of non-class A low power television transmission facilities in order— "(i) to operate within television channels 2 through 51, inclusive; or "(ii) to demonstrate the utility of low-power television stations to provide high-speed 2-way wireless digital data service. "(C) The Commission shall require quarterly reports from each station authorized to provide digital data services under this subsection that include— "(i) information on the station's experience with interference complaints and the resolution thereof; "(ii) information on the station's market success in providing digital data service; and "(iii) such other information as the Commission may require in order to administer this subsection. "(D) The Commission shall resolve any complaints of interference with television reception caused by any station providing digital data service authorized under this subsection within 60 days after the complaint is received by the Commission. "(6) The Commission shall assess and collect from any low-power television station authorized to provide digital data service under this subsection an annual fee or other schedule or method of payment comparable to any fee imposed under the authority of this Act on providers of similar services. Amounts received by the Commission under this paragraph may be retained by the Commission as an offsetting collection to the extent necessary to cover the costs of developing and implementing the pilot program authorized by this subsection, and regulating and supervising the provision of digital data service by low-power television stations under this subsection. Amounts received by the Commission under this paragraph in excess of any amount retained under the preceding sentence shall be deposited in the Treasury in accordance with chapter 33 of title 31, United States Code. "(7) In this subsection, the term 'digital data service' includes— "(A) digitally-based interactive broadcast service; and "(B) wireless Internet access, without regard to— "(i) whether such access is— "(I) provided on a one-way or a two-way basis; "(II) portable or fixed; or