[House Report 112-443]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-443
======================================================================
FEDERAL COMMUNICATIONS COMMISSION CONSOLIDATED REPORTING ACT OF 2012
_______
April 16, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Upton, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 3310]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 3310) to amend the Communications Act of 1934 to
consolidate the reporting obligations of the Federal
Communications Commission in order to improve congressional
oversight and reduce reporting burdens, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 4
Background and Need for Legislation.............................. 4
Hearings......................................................... 5
Committee Consideration.......................................... 6
Committee Votes.................................................. 6
Committee Oversight Findings..................................... 6
Statement of General Performance Goals and Objectives............ 6
New Budget Authority, Entitlement Authority, and Tax Expenditures 7
Earmarks......................................................... 7
Committee Cost Estimate.......................................... 7
Congressional Budget Office Estimate............................. 7
Federal Mandates Statement....................................... 8
Advisory Committee Statement..................................... 8
Applicability to Legislative Branch.............................. 8
Section-by-Section Analysis of Legislation....................... 8
Changes in Existing Law Made by the Bill, as Reported............ 12
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Communications Commission
Consolidated Reporting Act of 2012''.
SEC. 2. COMMUNICATIONS MARKETPLACE REPORT.
Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) is
amended by adding at the end the following:
``SEC. 14. COMMUNICATIONS MARKETPLACE REPORT.
``(a) In General.--In the last quarter of every even-numbered year,
the Commission shall publish on its website and submit to the Committee
on Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a
report on the state of the communications marketplace.
``(b) Contents.--Each report required by subsection (a) shall--
``(1) assess the state of competition in the communications
marketplace, including competition to deliver voice, video, and
data services among providers of telecommunications, providers
of commercial mobile service (as defined in section 332),
multichannel video programming distributors (as defined in
section 602), broadcast stations, providers of satellite
communications, Internet service providers, and other providers
of communications services;
``(2) assess the state of deployment of communications
capabilities, including advanced telecommunications capability
(as defined in section 706 of the Telecommunications Act of
1996 (47 U.S.C. 1302)), regardless of the technology used for
such deployment, including whether advanced telecommunications
capability is being deployed to all Americans in a reasonable
and timely fashion;
``(3) assess whether laws, regulations, or regulatory
practices (whether those of the Federal Government, States,
political subdivisions of States, Indian tribes or tribal
organizations (as such terms are defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b)), or foreign governments) pose a barrier to
competitive entry into the communications marketplace or to the
competitive expansion of existing providers of communications
services;
``(4) describe the agenda of the Commission for the next 2-
year period for addressing the challenges and opportunities in
the communications marketplace that were identified through the
assessments under paragraphs (1) through (3); and
``(5) describe the actions that the Commission has taken in
pursuit of the agenda described pursuant to paragraph (4) in
the previous report submitted under this section.
``(c) Special Requirements.--
``(1) Assessing competition.--In assessing the state of
competition under subsection (b)(1), the Commission shall
consider all forms of competition, including the effect of
intermodal competition, facilities-based competition, and
competition from new and emergent communications services,
including the provision of content and communications using the
Internet.
``(2) Assessing deployment.--In assessing the state of
deployment under subsection (b)(2), the Commission shall
compile a list of geographical areas that are not served by any
provider of advanced telecommunications capability.
``(3) International comparisons and demographic
information.--The Commission may use readily available data to
draw appropriate comparisons between the United States
communications marketplace and the international communications
marketplace and to correlate its assessments with demographic
information.
``(4) Considering small businesses.--In assessing the state
of competition under subsection (b)(1) and regulatory barriers
under subsection (b)(3), the Commission shall consider market
entry barriers for entrepreneurs and other small businesses in
the communications marketplace in accordance with the national
policy under section 257(b).''.
SEC. 3. CONSOLIDATION OF REDUNDANT REPORTS; CONFORMING AMENDMENTS.
(a) ORBIT Act Report.--Section 646 of the Communications Satellite
Act of 1962 (47 U.S.C. 765e; 114 Stat. 57) is repealed.
(b) Satellite Competition Report.--Section 4 of Public Law 109-34 (47
U.S.C. 703) is repealed.
(c) International Broadband Data Report.--Section 103 of the
Broadband Data Improvement Act (47 U.S.C. 1303) is amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c) through (e) as
subsections (b) through (d), respectively.
(d) Status of Competition in the Market for the Delivery of Video
Programming Report.--Section 628 of the Communications Act of 1934 (47
U.S.C. 548) is amended--
(1) by striking subsection (g);
(2) by redesignating subsection (j) as subsection (g); and
(3) by transferring subsection (g) (as redesignated) so that
it appears after subsection (f).
(e) Report on Cable Industry Prices.--
(1) In general.--Section 623 of the Communications Act of
1934 (47 U.S.C. 543) is amended--
(A) by striking subsection (k); and
(B) by redesignating subsections (l) through (n) as
subsections (k) through (m), respectively.
(2) Conforming amendment.--Section 613(a)(3) of the
Communications Act of 1934 (47 U.S.C. 533(a)(3)) is amended by
striking ``623(l)'' and inserting ``623(k)''.
(f) Triennial Report Identifying and Eliminating Market Entry
Barriers for Entrepreneurs and Other Small Businesses.--Section 257 of
the Communications Act of 1934 (47 U.S.C. 257) is amended by striking
subsection (c).
(g) Section 706 Report.--Section 706 of the Telecommunications Act of
1996 (47 U.S.C. 1302) is amended--
(1) in subsection (b)--
(A) in the last sentence, by striking ``If the
Commission's determination is negative, it'' and
inserting ``If the Commission determines in its report
under section 14 of the Communications Act of 1934 that
advanced telecommunications capability is not being
deployed to all Americans in a reasonable and timely
fashion, the Commission''; and
(B) by striking the first and second sentences;
(2) by striking subsection (c);
(3) in subsection (d), by striking ``this subsection'' and
inserting ``this section''; and
(4) by redesignating subsection (d) as subsection (c).
(h) State of Competitive Market Conditions With Respect to Commercial
Mobile Radio Services.--Section 332(c)(1)(C) of the Communications Act
of 1934 (47 U.S.C. 332(c)(1)(C)) is amended by striking the first and
second sentences.
(i) Previously Eliminated Annual Report.--
(1) In general.--Section 4 of the Communications Act of 1934
(47 U.S.C. 154) is amended--
(A) by striking subsection (k); and
(B) by redesignating subsections (l) through (o) as
subsections (k) through (n), respectively.
(2) Conforming amendments.--The Communications Act of 1934 is
amended--
(A) in section 9(i), by striking ``In the
Commission's annual report, the Commission shall
prepare an analysis of its progress in developing such
systems and'' and inserting ``The Commission''; and
(B) in section 309(j)(8)(B), by striking the last
sentence.
(j) Additional Outdated Reports.--The Communications Act of 1934 is
further amended--
(1) in section 4--
(A) in subsection (b)(2)(B)(ii), by striking ``and
shall furnish notice of such action'' and all that
follows through ``subject of the waiver''; and
(B) in subsection (g), by striking paragraph (2);
(2) in section 215--
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection
(b);
(3) in section 227(e), by striking paragraph (4);
(4) in section 309(j)--
(A) by striking paragraph (12); and
(B) in paragraph (15)(C), by striking clause (iv);
(5) in section 331(b), by striking the last sentence;
(6) in section 336(e), by amending paragraph (4) to read as
follows:
``(4) Report.--The Commission shall annually advise the
Congress on the amounts collected pursuant to the program
required by this subsection.'';
(7) in section 339(c), by striking paragraph (1);
(8) in section 396--
(A) by striking subsection (i);
(B) in subsection (k)--
(i) in paragraph (1), by striking
subparagraph (F); and
(ii) in paragraph (3)(B)(iii), by striking
subclause (V);
(C) in subsection (l)(1)(B), by striking ``shall be
included'' and all that follows through ``The audit
report''; and
(D) by striking subsection (m);
(9) in section 398(b)(4), by striking the third sentence;
(10) in section 624A(b)(1)--
(A) by striking ``Report; regulations'' and inserting
``Regulations'';
(B) by striking ``Within 1 year after'' and all that
follows through ``on means of assuring'' and inserting
``The Commission shall issue such regulations as are
necessary to assure''; and
(C) by striking ``Within 180 days after'' and all
that follows through ``to assure such compatibility.'';
and
(11) in section 713, by striking subsection (a).
SEC. 4. EFFECT ON AUTHORITY.
Nothing in this Act or the amendments made by this Act shall be
construed to expand or contract the authority of the Federal
Communications Commission.
Purpose and Summary
H.R. 3310, the ``Federal Communications Commission
Consolidated Reporting Act of 2012,'' consolidates eight
separate reports of the Federal Communications Commission (FCC
orCommission) into a single comprehensive report with a focus
on intermodal competition, deploying communications capabilities to
unserved communities, and eliminating regulatory barriers. By
consolidating these reports, H.R. 3310 would reduce the reporting
burdens on the FCC while encouraging the agency to analyze competition
in the marketplace as a whole rather than based on archaic regulatory
silos. The bill also eliminates twelve outdated reports, including
reports repealed more than a decade ago and a report on competition
between telegraph companies and telephone companies.
Background and Need for Legislation
The communications and technology sector is rapidly
evolving. Analog broadcasting has become digital and high-
definition. Phone companies have become broadband and video
companies, and cable operators now operate Voice-over-Internet-
Protocol networks. Satellite providers now offer television and
broadband services, and wireless telephones, once the province
of Gordon Gekko, are now used by all Americans for calling,
texting, watching video, listening to music, and surfing the
web. And emerging on the Internet are online video
distributors, point-to-point voice and video conferencing
services, personalized radio stations, and other new
competitors. The traditional silos that once defined the
communications marketplace are no more.
Despite the converging marketplace, federal law still
requires the FCC to treat these providers divergently. Nowhere
is that more clear than in the reporting requirements imposed
on the Commission. Under current law, the FCC must write
separate congressional reports each year on video competition,
satellite competition, the competitive effects of satellite
privatization, broadband deployment, international broadband
deployment, cable pricing, and wireless competition. These
reports are in addition to a congressionally mandated triennial
report on barriers to market entry for small businesses, as
well as yearly reports the FCC puts together on its own accord
regarding telephone penetration, telephone subscribership, and
pricing among telecommunications services. By requiring the FCC
to draft separate reports on discrete components within the
communications marketplace, the existing statute does the
Commission, industry, and the public a disservice by almost
forcing the FCC to lose sight of the increasingly competitive
forest for sector-specific trees.
The FCC has been unable to keep pace with all of the
reporting obligations it currently has. For example, the
Communications Act requires the Commission to produce each year
a Status of Competition in the Market for the Delivery of Video
Programming Report. In 2009, the Commission released a Notice
of Inquiry seeking information for calendar year 2007, see
Annual Assessment of the Status of Competition in the Market
for Delivery of Video Programming, MB Docket No. 07-269, Notice
of Inquiry, 24 FCC Rcd 542 (2009), later that year released a
supplement Notice of Inquiry covering 2008 and 2009, see Annual
Assessment of the Status of Competition in the Market for
Delivery of Video Programming, MB Docket No. 07-269,
Supplemental Notice of Inquiry, 24 FCC Rcd 4402 (2009), and
sought yet more information in 2011, see Annual Assessment of
the Status of Competition in the Market for Delivery of Video
Programming, MB Docket No. 07-269, Further Notice of Inquiry,
26 FCC Rcd 14091 (2011). As of March 2012, the Commission had
yet to deliver the reports on video competition covering 2007,
2008, 2009, 2010, and 2011. Similarly, the Commission released
its second annual Satellite Competition Report in 2008, but did
not submit its third report (covering 2008, 2009, and 2010)
until December 2011. See Third Report and Analysis of
Competitive Market Conditions with Respect to Domestic and
International Satellite Communications Services; Report and
Analysis of Competitive Market Conditions with Respect to
Domestic and International Satellite Communications Services,
IB Docket Nos. 09-16, 10-99, Third Report, FCC 11-183 (rel.
Dec. 13, 2011). These delays frustrate effective congressional
oversight of the work of the Commission and preclude timely
analysis of the status of competition and deployment.
To reduce the reporting burdens on the Commission, H.R.
3310 consolidates eight separate reports of the FCC into a
single biennial report timed to the Congressional calendar. To
reflect the convergence of the communications marketplace, the
new report requires the FCC to conduct a holistic review of the
communications marketplace. And to streamline the operations of
the FCC, the bill eliminates twelve outdated reports from the
Communications Act, including reports repealed more than a
decade ago and a report on competition between telegraph
companies and telephone companies.
Hearings
The Subcommittee on Communications and Technology held an
oversight hearing on May 13, 2011, entitled ``FCC Process
Reform.'' The Subcommittee received testimony from FCC Chairman
Julius Genachowski, Commissioner Michael J. Copps, Commissioner
Robert M. McDowell, and Commissioner Mignon Clyburn.
The Subcommittee on Communications and Technology held a
legislative hearing on June 22, 2011, entitled ``Reforming FCC
Process.'' The Subcommittee examined a staff discussion draft
of legislation to reform the FCC's processes and produce a
communications marketplace report. The Subcommittee received
testimony from the Honorable John Sununu, Honorary Co-Chair of
Broadband for America; Kathleen Abernathy, Chief Legal Officer
and Executive Vice President of Frontier Communications; Mark
Cooper, Research Director of the Consumer Federation of
America; Randolph J. May, President of the Free State
Foundation; Brad Ramsay, General Counsel of the National
Association of Regulatory Utility Commissioners; and Ronald
Levin, William R. Orthwein Distinguished Professor of Law at
Washington University School of Law.
Committee Consideration
Representative Steve Scalise, together with Rep. Greg
Walden, introduced H.R. 3310 on November 2, 2011.
On November 16, 2011, the Subcommittee on Communications
and Technology met in open markup session and favorably
reported the bill, as amended, to the full Committee by voice
vote.
On March 6, 2012, the Committee on Energy and Commerce met
in open markup session and favorably reported the bill, as
amended, to the House by voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
At the November 16, 2011, open markup session of the
Subcommittee on Communications and Technology, a motion by Mr.
Rush to amend H.R. 3310 regarding the Triennial Report
Identifying and Eliminating Market Entry Barriers for
Entrepreneurs and Other Small Businesses was defeated by a
record vote of 10 yeas and 12 nays.
The following reflects the recorded votes taken during the
Committee consideration, including the names of those Members
voting for and against.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee held oversight and
legislative hearings and made findings that are reflected in
this report.
Statement of General Performance Goals, and Objectives
The goals and objectives of H.R. 3310, the ``Federal
Communications Commission Consolidated Reporting Act of 2012,''
are to reduce the reporting burdens on the FCC while
encouraging the agency to analyze competition in the
marketplace as a whole rather than based on archaic regulatory
silos. It does so by consolidating eight separate reports of
the FCC into a single, comprehensive report on the
communications marketplace and eliminating twelve reports from
the Communications Act of 1934, as amended.
New Budget Authority, Entitlement Authority and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
3310, the ``Federal Communications Commission Consolidated
Reporting Act of 2012,'' would result in no new or increased
budget authority, entitlement authority, or tax expenditures or
revenues.
Earmarks
In compliance with clause 9(e), 9(f), and 9(g) of rule XXI
of the Rules of the House of Representatives, the Committee
finds that H.R. 3310, the ``Federal Communications Commission
Consolidated Reporting Act of 2012,'' contains no earmarks,
limited tax benefits, or limited tariff benefits.
Committee Cost Estimate
The Committee adopts as its own the cost estimate provided
by the Congressional Budget Office. Pursuant to clause 3(c)(3)
of rule XIII of the Rules of the House of Representatives, the
following is the cost estimate provided by the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
March 23, 2012.
Hon. Fred Upton,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3310, the Federal
Communications Commission Consolidated Reporting Act of 2012.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susan Willie.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 3310--Federal Communications Commission Consolidated Reporting Act
of 2012
H.R. 3310 would require the Federal Communications
Commission (FCC) to prepare a biennial report for the Congress
that assesses certain characteristics of the communications
industry. The report would analyze the state of competition in
the markets for voice, video, and data services, as well as the
availability of high-speed and high-quality telecommunications
services. Further, the bill would require the FCC to determine
whether laws and regulations pose a barrier to entry into
communications markets, and include that information in the
biennial report. H.R. 3310 also would relieve the FCC of
requirements to prepare certain other reports on topics ranging
from access to satellite services to prices for cable services.
In all, the bill would eliminate more than 20 reports and
notices, some that remain in current law even though deadlines
for their completion have passed.
Based on information from the FCC, CBO estimates that
implementing the provisions of H.R. 3310 would not have a
significant net effect on the agency's discretionary costs. Any
additional expenses the FCC would incur to prepare the new
assessment of the communications industry would be offset by a
reduction in costs that would otherwise be incurred for reports
that would eliminated under the bill. Under current law, the
FCC is authorized to collect fees sufficient to offset the cost
of its regulatory activities each year; therefore, CBO
estimates that the net cost to implement the provisions of H.R.
3310 would be negligible, assuming annual appropriation actions
consistent with the agency's authorities. Enacting H.R. 3310
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures do not apply.
H.R. 3310 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Susan Willie.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of Legislation
Section 1.
Section 1 defines the short title of the legislation as the
``Federal Communications Commission Consolidated Reporting Act
of 2012.''
Section 2.
Section 2 adds section 14 to the Communications Act.
New Section 14(a)--Communications Marketplace Report. This
subsection requires the Commission to publish and submit to
Congress a Communications Marketplace Report timed to the two-
year congressional cycle. By requiring the submission of that
report in the last quarter of every even-numbered year, each
new Congress will have a fresh review of the communications
marketplace when it assumes office. Requiring the
Communications Marketplace Report every other year rather than
every year should also reduce the administrative burden on the
Commission and the reporting burden on the public.
New Section 14(b)--Contents. This subsection specifies the
contents of each Communications Marketplace Report.
Paragraph (1) requires the FCC to assess the state of
competition in the communications marketplace across all
providers of communications, including, for example,
telecommunications carriers, broadcasters, cable operators,
broadband providers, satellite providers, and online voice and
video providers. This section of the report is intended to
consolidate the ORBIT Act Report, see Communications Satellite
Act of 1962 Sec. 646, the Satellite Competition Report, see
Pub. L. No. 109-34 Sec. 4, the Status of Competition in the
Market for the Delivery of Video Programming Report, see
Communications Act of 1934 Sec. 628(g), the Report on Cable
Industry Prices, see Communications Act of 1934 Sec. 623(k),
and the State of Competitive Market Conditions with Respect to
Commercial Mobile Radio Services Report, see Communications Act
of 1934 Sec. 332(c)(1)(C). The consolidation of the reports is
not intended to prevent the Commission from examining the same
issues it previously reviewed separately, but rather to
encourage a more holistic approach. Nor is the Commission
required to assess the state of competition in the exact same
way it has done so in the past, but instead should use the best
economic and technical analysis feasible to examine competition
within the marketplace as a whole.
Paragraph (2) requires the FCC to assess the state of
deployment of communications capabilities in the United States,
including advanced telecommunications capability, regardless of
the technology used. This section of the report is intended to
consolidate the Broadband Deployment Report, see
Telecommunications Act of 1996 Sec. 706(b), and the
International Broadband Data Report, see Broadband Data
Improvement Act Sec. 103(b). It is not meant to affect whatever
authority, if any, section 706(b) of the Telecommunications Act
of 1996 grants the Commission. As with the competition section
of the report, this section does not delineate the precise
metrics the FCC must use in carrying out its assessment;
instead, the agency should usethe best available information to
assess the state of deployment, taking into account the variety of
technologies used to deploy broadband infrastructure throughout the
United States.
Paragraph (3) requires the FCC to assess whether laws,
regulations, or regulatory practices (regardless of the level
of government that established or enforces those laws,
regulations, or regulatory practices) pose a barrier to
competitive entry into the communications marketplace or to the
competitive expansion of existing providers of communications
services. This section of the report is intended to incorporate
the Triennial Report Identifying and Eliminating Market Entry
Barriers for Entrepreneurs and Other Small Businesses, see
Communications Act of 1934 Sec. 257(c). As with the competition
and deployment sections of the report, this section does not
bind the Commission to highlight with particularity regulations
it has passed to overcome barriers to competitive entry and
competitive expansion, although it is free to examine such
regulations as a part of its functional assessment of
regulatory barriers.
Paragraphs (4)-(5) require the FCC to identify the topics
it plans to address over the next two years as a result of
these assessments and to report on its progress on those topics
previously identified. This section of the report is not
intended to consolidate any existing report. This section is,
however, intended to facilitate congressional oversight by
providing a guide to Congress regarding the topics the
Commission is likely to focus on, along with references to the
first three sections of the report, as appropriate, to
demonstrate how the FCC's assessments have shaped its agenda.
By identifying a topic in this section, the Commission is not
binding itself to act on that topic; conversely, the Commission
remains free to act on topics not so identified. Nevertheless,
this section requires the Commission to report back on what
actions, if any, it took to address each topic identified in
the previous report, and the Commission is expected to make a
good-faith attempt to identify topics and address topics
previously identified.
New Section 14(c)--Special Considerations. This subsection
identifies four special considerations that the FCC must take
into account when drafting the Communications Marketplace
Report.
First, when assessing competition, the Commission must take
into account all forms of competition, including intermodal,
facilities-based, and Internet-based competition. This is a
response to the traditional competition reports conducted by
the Commission that examine competition within a single
industry segment despite competition from non-traditional
industry segments, such as competition to terrestrial radio
broadcasters from satellite radio, Internet-based radio, and
online music marketplaces. The inclusion of facilities-based
competition reflects the importance of deployment of physical
infrastructure for competitive purposes, as reflected in the
second section of the report. It is not meant, however, to
preclude the assessment of competition from resellers, such as
mobile virtual network operators. The inclusion of Internet-
based competition is intended to ensure that the FCC takes into
account the growing challenge to established business models
presented by online competition in all its forms.
Second, when assessing deployment, the Commission must
compile a list of geographical areas that are not served by any
provider of advanced telecommunications capability. This is
intended to emphasize, as the Broadband Deployment Report did,
see Telecommunications Act of 1996 Sec. 706(c), the importance
of identifying the areas of the country that are unserved by
any provider of advanced telecommunications capability.
Third, the Commission may use readily available data to
draw appropriate comparisons between the United States
communications marketplace and the international communications
marketplace and to correlate its assessments with demographic
information. In preparing its International Broadband Data
Reports in the past, the Commission has noted that ``many
nations do not collect the data required to achieve fully the
international comparisons'' and that even when data is
available, it may not be useful for drawing comparisons with
the United States. International Comparison Requirements
Pursuant to the Broadband Data Improvement Act International
Broadband Data Report, IB Docket No. 10-171, Second Report, 26
FCC Rcd 7378, 7380, para. 4 (2011). This provision is intended
to recognize these difficulties and empower the FCC to consider
readily available data to draw appropriate and accurate
comparisons and correlations in conducting the assessments for
the Communications Marketplace Report.
Fourth, when assessing competition and regulatory barriers,
the FCC must specially consider market entry barriers for small
businesses. This special consideration is intended to ensure
that the Commission pays special attention to the challenges
and opportunities facing small businesses in the communications
marketplace.
Section 3.
This section eliminates the eight reports consolidated into
the Communications Marketplace Report, namely the ORBIT Act
Report, see Communications Satellite Act of 1962 Sec. 646, the
Satellite Competition Report, see Pub. L. No. 109-34 Sec. 4,
the Status of Competition in the Market for the Delivery of
Video Programming Report, see Communications Act of 1934
Sec. 628(g), the Report on Cable Industry Prices, see
Communications Act of 1934 Sec. 623(k), the State of
Competitive Market Conditions with Respect to Commercial Mobile
Radio Services Report, see Communications Act of 1934
Sec. 332(c)(1)(C), the Broadband Deployment Report, see
Telecommunications Act of 1996 Sec. 706(b), the International
Broadband Data Report, see Broadband Data Improvement Act
Sec. 103(b), and the Triennial Report Identifying and
Eliminating Market Entry Barriers for Entrepreneurs and Other
Small Businesses, see Communications Act of 1934 Sec. 257(c).
As described above, consolidating these reports is not intended
to preclude the Commission from continuing to collect and
report similar data if doing so is an accurate and efficient
method of assessing competition, deployment, or regulatory
barriers.
This section eliminates the Report on Competition between
Wire Telephone and Wire Telegraph Providers, see Communications
Act of 1934 Sec. 215(b), given the evolution of the
communications marketplace past telegraph services.
This section strikes from the Communications Act several
reports that have either expired of their own accord or been
repealed by the Federal Reports Elimination and Sunset Act of
1995, Pub. L. No. 104-66. An example of the former is a report
on the rescheduling of Auction 31 (Upper 700 MHz), which was
completed as part of Auction 73 in 2008. See Communications Act
of 1934 Sec. 309(j)(15)(C)(iv). An example of the latter is the
annual report of the Commission, see Communications Act of 1934
Sec. 4(k), which was identified in the 1995 Clerk's List of
Reports to be Made to Congress, see House Doc. No. 103-7, at
167, and effectively terminated in 2000, see Pub. L. No. 104-
66, Sec. 3003(a)(1). This section is not intended to remove the
discretion of any agency to continue to report to Congress on
those topics should it find doing so useful.
Section 4.
Section 4 specifies that this legislation does not alter
the authority of the Commission in any way. Specifically, this
legislation should not be construed to expand or contract the
Commission's ability to collect data nor should this
legislation be construed to alter any authority or obligation
the Commission has under section 706 of the Telecommunications
Act of 1996, if any.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
COMMUNICATIONS ACT OF 1934
TITLE I--GENERAL PROVISIONS
* * * * * * *
SEC. 4. PROVISIONS RELATING TO THE COMMISSION.
(a) * * *
(b)(1) * * *
(2)(A) * * *
(B)(i) * * *
(ii) In any case in which the Commission exercises the waiver
authority established in this subparagraph, the Commission
shall publish notice of such action in the Federal Register
[and shall furnish notice of such action to the appropriate
committees of each House of the Congress. Each such notice
shall include information regarding the identity of the person
receiving the waiver, the position held by such person, and the
nature of the financial interests which are the subject of the
waiver].
* * * * * * *
(g)(1) * * *
[(2)(A) If--
[(i) the necessary expenses specified in the last
sentence of paragraph (1) have been incurred for the
purpose of enabling commissioners or employees of the
Commission to attend and participate in any convention,
conference, or meeting;
[(ii) such attendance and participation are in
furtherance of the functions of the Commission; and
[(iii) such attendance and participation are
requested by the person sponsoring such convention,
conference, or meeting;
then the Commission shall have authority to accept direct
reimbursement from such sponsor for such necessary expenses.
[(B) The total amount of unreimbursed expenditures made by
the Commission for travel for any fiscal year, together with
the total amount of reimbursements which the Commission accepts
under subparagraph (A) for such fiscal year, shall not exceed
the level of travel expenses appropriated to the Commission for
such fiscal year.
[(C) The Commission shall submit to the appropriate
committees of the Congress, and publish in the Federal
Register, quarterly reports specifying reimbursements which the
Commission has accepted under this paragraph.
[(D) The provisions of this paragraph shall cease to have any
force or effect at the end of fiscal year 1994.
[(E) Funds which are received by the Commission as
reimbursements under the provisions of this paragraph after the
close of a fiscal year shall remain available for obligation.]
* * * * * * *
[(k) The Commission shall make an annual report to Congress,
copies of which shall be distributed as are other reports
transmitted to Congress. Such reports shall contain--
[(1) such information and data collected by the
Commission as may be considered of value in the
determination of questions connected with the
regulation of interstate and foreign wire and radio
communication and radio transmission of energy;
[(2) such information and data concerning the
functioning of the Commission as will be of value to
Congress in appraising the amount and character of the
work and accomplishments of the Commission and the
adequacy of its staff and equipment;
[(3) an itemized statement of all funds expended
during the preceding year by the Commission, of the
sources of such funds, and of the authority in this Act
or elsewhere under which such expenditures were made;
and
[(4) specific recommendations to Congress as to
additional legislation which the Commission deems
necessary or desirable, including all legislative
proposals submitted for approval to the Director of the
Office of Management and Budget.]
[(l)] (k) All reports of investigations made by the
Commission shall be entered of record, and a copy thereof shall
be furnished to the party who may have complained, and to any
common carrier or licensee that may have been complained of.
[(m)] (l) The Commission shall provide for the publication of
its reports and decisions in such form and manner as may be
best adapted for public information and use, and such
authorized publications shall be competent evidence of the
reports and decisions of the Commission therein contained in
all courts of the United States and of the several States
without any further proof or authentication thereof.
[(n)] (m) Rates of compensation of persons appointed under
this section shall be subject to the reduction applicable to
officers and employees of the Federal Government generally.
[(o)] (n) For the purpose of obtaining maximum effectiveness
from the use of radio and wire communications in connection
with safety of life and property, the Commission shall
investigate and study all phases of the problem and the best
methods of obtaining the cooperation and coordination of these
systems.
* * * * * * *
SEC. 9. REGULATORY FEES.
(a) * * *
* * * * * * *
(i) Accounting System.--The Commission shall develop
accounting systems necessary to making the adjustments
authorized by subsection (b)(3). [In the Commission's annual
report, the Commission shall prepare an analysis of its
progress in developing such systems and] The Commission shall
afford interested persons the opportunity to submit comments
concerning the allocation of the costs of performing the
functions described in subsection (a) among the services in the
Schedule.
* * * * * * *
SEC. 14. COMMUNICATIONS MARKETPLACE REPORT.
(a) In General.--In the last quarter of every even-numbered
year, the Commission shall publish on its website and submit to
the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the state of the
communications marketplace.
(b) Contents.--Each report required by subsection (a) shall--
(1) assess the state of competition in the
communications marketplace, including competition to
deliver voice, video, and data services among providers
of telecommunications, providers of commercial mobile
service (as defined in section 332), multichannel video
programming distributors (as defined in section 602),
broadcast stations, providers of satellite
communications, Internet service providers, and other
providers of communications services;
(2) assess the state of deployment of communications
capabilities, including advanced telecommunications
capability (as defined in section 706 of the
Telecommunications Act of 1996 (47 U.S.C. 1302)),
regardless of the technology used for such deployment,
including whether advanced telecommunications
capability is being deployed to all Americans in a
reasonable and timely fashion;
(3) assess whether laws, regulations, or regulatory
practices (whether those of the Federal Government,
States, political subdivisions of States, Indian tribes
or tribal organizations (as such terms are defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b)), or foreign
governments) pose a barrier to competitive entry into
the communications marketplace or to the competitive
expansion of existing providers of communications
services;
(4) describe the agenda of the Commission for the
next 2-year period for addressing the challenges and
opportunities in the communications marketplace that
were identified through the assessments under
paragraphs (1) through (3); and
(5) describe the actions that the Commission has
taken in pursuit of the agenda described pursuant to
paragraph (4) in the previous report submitted under
this section.
(c) Special Requirements.--
(1) Assessing competition.--In assessing the state of
competition under subsection (b)(1), the Commission
shall consider all forms of competition, including the
effect of intermodal competition, facilities-based
competition, and competition from new and emergent
communications services, including the provision of
content and communications using the Internet.
(2) Assessing deployment.--In assessing the state of
deployment under subsection (b)(2), the Commission
shall compile a list of geographical areas that are not
served by any provider of advanced telecommunications
capability.
(3) International comparisons and demographic
information.--The Commission may use readily available
data to draw appropriate comparisons between the United
States communications marketplace and the international
communications marketplace and to correlate its
assessments with demographic information.
(4) Considering small businesses.--In assessing the
state of competition under subsection (b)(1) and
regulatory barriers under subsection (b)(3), the
Commission shall consider market entry barriers for
entrepreneurs and other small businesses in the
communications marketplace in accordance with the
national policy under section 257(b).
TITLE II--COMMON CARRIERS
PART I--COMMON CARRIER REGULATION
* * * * * * *
SEC. 215. TRANSACTIONS RELATING TO SERVICES, EQUIPMENT, AND SO FORTH.
(a) * * *
[(b) The Commission shall investigate the methods by which
and the extent to which wire telephone companies are furnishing
wire telegraph service and wire telegraph companies are
furnishing wire telephone service, and shall report its
findings to Congress together with its recommendations as to
whether additional legislation on this subject is desirable.]
[(c)] (b) The Commission shall examine all contracts of
common carriers subject to this Act which prevent the other
party thereto from dealing with another common carrier subject
to this Act, and shall report its findings to Congress,
together with its recommendations as to whether additional
legislation on this subject is desirable.
* * * * * * *
SEC. 227. RESTRICTIONS ON THE USE OF TELEPHONE EQUIPMENT.
(a) * * *
* * * * * * *
(e) Prohibition on Provision of Inaccurate Caller
Identification Information.--
(1) * * *
* * * * * * *
[(4) Report.--Not later than 6 months after the
enactment of the Truth in Caller ID Act of 2009, the
Commission shall report to Congress whether additional
legislation is necessary to prohibit the provision of
inaccurate caller identification information in
technologies that are successor or replacement
technologies to telecommunications service or IP-
enabled voice service.]
* * * * * * *
PART II--DEVELOPMENT OF COMPETITIVE MARKETS
* * * * * * *
SEC. 257. MARKET ENTRY BARRIERS PROCEEDING.
(a) * * *
* * * * * * *
[(c) Periodic Review.--Every 3 years following the completion
of the proceeding required by subsection (a), the Commission
shall review and report to Congress on--
[(1) any regulations prescribed to eliminate barriers
within its jurisdiction that are identified under
subsection (a) and that can be prescribed consistent
with the public interest, convenience, and necessity;
and
[(2) the statutory barriers identified under
subsection (a) that the Commission recommends be
eliminated, consistent with the public interest,
convenience, and necessity.]
* * * * * * *
TITLE III--SPECIAL PROVISIONS RELATING TO RADIO
PART I--GENERAL PROVISIONS
* * * * * * *
SEC. 309. ACTION UPON APPLICATIONS; FORM OF AND CONDITIONS ATTACHED TO
LICENSES.
(a) * * *
* * * * * * *
(j) Use of Competitive Bidding.--
(1) * * *
* * * * * * *
(8) Treatment of revenues.--
(A) * * *
(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 subsection. 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. Such offsetting collections are
authorized to remain available until expended.
[No sums may be retained under this
subparagraph during any fiscal year beginning
after September 30, 1998, if the annual report
of the Commission under section 4(k) for the
second preceding fiscal year fails to include
in the itemized statement required by paragraph
(3) of such section a statement of each
expenditure made for purposes of conducting
competitive bidding under this subsection
during such second preceding fiscal year.]
* * * * * * *
[(12) Evaluation.--Not later than September 30, 1997,
the Commission shall conduct a public inquiry and
submit to the Congress a report--
[(A) containing a statement of the revenues
obtained, and a projection of the future
revenues, from the use of competitive bidding
systems under this subsection;
[(B) describing the methodologies established
by the Commission pursuant to paragraphs (3)
and (4);
[(C) comparing the relative advantages and
disadvantages of such methodologies in terms of
attaining the objectives described in such
paragraphs;
[(D) evaluating whether and to what extent--
[(i) competitive bidding
significantly improved the efficiency
and effectiveness of the process for
granting radio spectrum licenses;
[(ii) competitive bidding facilitated
the introduction of new spectrum-based
technologies and the entry of new
companies into the telecommunications
market;
[(iii) competitive bidding
methodologies have secured prompt
delivery of service to rural areas and
have adequately addressed the needs of
rural spectrum users; and
[(iv) small businesses, rural
telephone companies, and businesses
owned by members of minority groups and
women were able to participate
successfully in the competitive bidding
process; and
[(E) recommending any statutory changes that
are needed to improve the competitive bidding
process.]
* * * * * * *
(15) Commission to determine timing of auctions.--
(A) * * *
* * * * * * *
(C) Exception.--
(i) * * *
* * * * * * *
[(iv) Report.--Within one year after
the date of enactment of this
paragraph, the Commission shall submit
a report to Congress--
[(I) specifying when the
Commission intends to
reschedule auctions 31 and 44
(other than the blocks excepted
by clause (i)); and
[(II) describing the progress
made by the Commission in the
digital television transition
and in the assignment and
allocation of additional
spectrum for advanced mobile
communications services that
warrants the scheduling of such
auctions.]
* * * * * * *
SEC. 331. VERY HIGH FREQUENCY STATIONS AND AM RADIO STATIONS.
(a) * * *
(b) AM Radio Stations.--It shall be the policy of the
Commission, in any case in which the licensee of an existing AM
daytime-only station located in a community with a population
of more than 100,000 persons that lacks a local full-time aural
station licensed to that community and that is located within a
Class I station primary service area notifies the Commission
that such licensee seeks to provide full-time service, to
ensure that such a licensee is able to place a principal
community contour signal over its entire community of license
24 hours a day, if technically feasible. [The Commission shall
report to the appropriate committees of Congress within 30 days
after the date of enactment of this Act on how it intends to
meet this policy goal.]
SEC. 332. MOBILE SERVICES.
(a) * * *
* * * * * * *
(c) Regulatory Treatment of Mobile Services.--
(1) Common carrier treatment of commercial mobile
services.--(A) * * *
* * * * * * *
(C) [The Commission shall review competitive market
conditions with respect to commercial mobile services
and shall include in its annual report an analysis of
those conditions. Such analysis shall include an
identification of the number of competitors in various
commercial mobile services, an analysis of whether or
not there is effective competition, an analysis of
whether any of such competitors have a dominant share
of the market for such services, and a statement of
whether additional providers or classes of providers in
those services would be likely to enhance competition.]
As a part of making a determination with respect to the
public interest under subparagraph (A)(iii), the
Commission shall consider whether the proposed
regulation (or amendment thereof) will promote
competitive market conditions, including the extent to
which such regulation (or amendment) will enhance
competition among providers of commercial mobile
services. If the Commission determines that such
regulation (or amendment) will promote competition
among providers of commercial mobile services, such
determination may be the basis for a Commission finding
that such regulation (or amendment) is in the public
interest.
* * * * * * *
SEC. 336. BROADCAST SPECTRUM FLEXIBILITY.
(a) * * *
* * * * * * *
(e) Fees.--
(1) * * *
* * * * * * *
[(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.]
(4) Report.--The Commission shall annually advise the
Congress on the amounts collected pursuant to the
program required by this subsection.
* * * * * * *
SEC. 339. CARRIAGE OF DISTANT TELEVISION STATIONS BY SATELLITE
CARRIERS.
(a) * * *
* * * * * * *
(c) Eligibility for Retransmission.--
[(1) Study of digital strength testing procedures.--
[(A) Study required.--Not later than 1 year
after the date of the enactment of the
Satellite Home Viewer Extension and
Reauthorization Act of 2004, the Federal
Communications Commission shall complete an
inquiry regarding whether, for purposes of
identifying if a household is unserved by an
adequate digital signal under section
119(d)(10) of title 17, United States Code, the
digital signal strength standard in section
73.622(e)(1) of title 47, Code of Federal
Regulations, or the testing procedures in
section 73.686(d) of title 47, Code of Federal
Regulations, such statutes or regulations
should be revised to take into account the
types of antennas that are available to
consumers.
[(B) Study considerations.--In conducting the
study under this paragraph, the Commission
shall consider whether--
[(i) to account for the fact that an
antenna can be mounted on a roof or
placed in a home and can be fixed or
capable of rotating;
[(ii) section 73.686(d) of title 47,
Code of Federal Regulations, should be
amended to create different procedures
for determining if the requisite
digital signal strength is present than
for determining if the requisite analog
signal strength is present;
[(iii) a standard should be used
other than the presence of a signal of
a certain strength to ensure that a
household can receive a high-quality
picture using antennas of reasonable
cost and ease of installation;
[(iv) to develop a predictive
methodology for determining whether a
household is unserved by an adequate
digital signal under section 119(d)(10)
of title 17, United States Code;
[(v) there is a wide variation in the
ability of reasonably priced consumer
digital television sets to receive
over-the-air signals, such that at a
given signal strength some may be able
to display high-quality pictures while
others cannot, whether such variation
is related to the price of the
television set, and whether such
variation should be factored into
setting a standard for determining
whether a household is unserved by an
adequate digital signal; and
[(vi) to account for factors such as
building loss, external interference
sources, or undesired signals from both
digital television and analog
television stations using either the
same or adjacent channels in nearby
markets, foliage, and man-made clutter.
[(C) Report.--Not later than 1 year after the
date of the enactment of the Satellite Home
Viewer Extension and Reauthorization Act of
2004, the Federal Communications Commission
shall submit to the Committee on Energy and
Commerce of the House of Representatives and
the Committee on Commerce, Science, and
Transportation of the Senate a report
containing--
[(i) the results of the study under
this paragraph; and
[(ii) recommendations, if any, as to
what changes should be made to Federal
statutes or regulations.]
* * * * * * *
PART IV--ASSISTANCE FOR PUBLIC TELECOMMUNICATIONS FACILITIES;
TELECOMMUNICATIONS DEMONSTRATIONS; CORPORATION FOR PUBLIC BROADCASTING
* * * * * * *
Subpart D--Corporation for Public Broadcasting
SEC. 396. DECLARATION OF POLICY.
(a) * * *
* * * * * * *
[Report to Congress
[(i)(1) The Corporation shall submit an annual report for the
preceding fiscal year ending September 30 to the President for
transmittal to the Congress on or before the 15th day of May of
each year. The report shall include--
[(A) a comprehensive and detailed report of the
Corporation's operations, activities, financial
condition, and accomplishments under this subpart and
such recommendations as the Corporation deems
appropriate;
[(B) a comprehensive and detailed inventory of funds
distributed by Federal agencies to public
telecommunications entities during the preceding fiscal
year;
[(C) a listing of each organization that receives a
grant from the Corporation to produce programming, the
name of the producer of any programming produced under
each such grant, the title or description of any
program so produced, and the amount of each such grant;
[(D) the summary of the annual report provided to the
Secretary pursuant to section 398(b)(4).
[(2) The officers and directors of the Corporation shall be
available to testify before appropriate committees of the
Congress with respect to such report, the report of any audit
made by the Comptroller General pursuant to subsection (1), or
any other matter which such committees may determine.]
* * * * * * *
Financing; Open Meetings and Financial Records
(k)(1)(A) * * *
* * * * * * *
[(F) In recognition of the importance of educational programs
and services, and the expansion of public radio services, to
unserved and underserved audiences, the Corporation, after
consultation with the system of public telecommunications
entities, shall prepare and submit to the Congress an annual
report for each of the fiscal years 1994, 1995, and 1996 on the
Corporation's activities and expenditures relating to those
programs and services.]
* * * * * * *
(3)(A) * * *
(B)(i) * * *
* * * * * * *
(iii)(I) * * *
* * * * * * *
[(V) The Corporation shall report annually to Congress
regarding the activities and expenditures of the independent
production service, including carriage and viewing information
for programs produced or acquired with funds provided pursuant
to subclause (I). At the end of fiscal years 1992, 1993, 1994,
and 1995, the Corporation shall submit a report to Congress
evaluating the performance of the independent production
service in light of its mission to expand the diversity and
innovativeness of programming available to public
broadcasting.]
* * * * * * *
Records and Audit
(l)(1)(A) * * *
(B) The report of each such independent audit [shall be
included in the annual report required by subsection (i) of
this section. The audit report] shall set forth the scope of
the audit and include such statements as are necessary to
present fairly the Corporation's assets and liabilities,
surplus or deficit, with an analysis of the changes therein
during the year, supplemented in reasonable detail by a
statement of the Corporation's income and expenses during the
year, and a statement of the sources and application of funds,
together with the independent author's opinion of those
statements.
* * * * * * *
[(m)(1) Prior to July 1, 1989, and every three years
thereafter, the Corporation shall compile an assessment of the
needs of minority and diverse audiences, the plans of public
broadcasting entities and public telecommunications entities to
address such needs, the ways radio and television can be used
to help these underrepresented groups, and projections
concerning minority employment by public broadcasting entities
and public telecommunications entities. Such assessment shall
address the needs of racial and ethnic minorities, new
immigrant populations, people for whom English is a second
language, and adults who lack basic reading skills.
[(2) Commencing July 1, 1989, the Corporation shall prepare
an annual report on the provision by public broadcasting
entities and public telecommunications entities of service to
the audiences described in paragraph (1). Such report shall
address programming (including that which is produced by
minority producers), training, minority employment, and efforts
by the Corporation to increase the number of minority public
radio and television stations eligible for financial support
from the Corporation. Such report shall include a summary of
the statistical reports received by the Corporation pursuant to
subsection (k)(11), and a comparison of the information
contained in those reports with the information submitted by
the Corporation in the previous year's annual report.
[(3) As soon as they have been prepared, each assessment and
annual report required under paragraphs (1) and (2) shall be
submitted to Congress.]
Subpart E--General
* * * * * * *
SEC. 398. FEDERAL INTERFERENCE OR CONTROL PROHIBITED; EQUAL EMPLOYMENT
OPPORTUNITY.
(a) * * *
(b)(1) * * *
* * * * * * *
(4) Based upon its responsibilities under paragraph (3), the
Corporation shall provide an annual report for the preceding
fiscal year ending September 30 to the Secretary on or before
the 15th day of February of each year. The report shall contain
information in the form required by the Secretary. [The
Corporation shall submit a summary of such report to the
President and the Congress as part of the report required in
section 396(i).] The Corporation shall provide other
information in the form which the Secretary may require in
order to carry out the functions of the Secretary under this
subsection.
* * * * * * *
TITLE VI--CABLE COMMUNICATIONS
* * * * * * *
PART II--USE OF CABLE CHANNELS AND CABLE OWNERSHIP RESTRICTIONS
* * * * * * *
SEC. 613. OWNERSHIP RESTRICTIONS.
(a) It shall be unlawful for a cable operator to hold a
license for multichannel multipoint distribution service, or to
offer satellite master antenna television service separate and
apart from any franchised cable service, in any portion of the
franchise area served by that cable operator's cable system.
The Commission--
(1) * * *
* * * * * * *
(3) shall not apply the requirements of this
subsection to any cable operator in any franchise area
in which a cable operator is subject to effective
competition as determined under section [623(l)]
623(k).
* * * * * * *
PART III--FRANCHISING AND REGULATION
* * * * * * *
SEC. 623. REGULATION OF RATES.
(a) * * *
* * * * * * *
[(k) Reports on Average Prices.--The Commission shall
annually publish statistical reports on the average rates for
basic cable service and other cable programming, and for
converter boxes, remote control units, and other equipment,
of--
[(1) cable systems that the Commission has found are
subject to effective competition under subsection
(a)(2), compared with
[(2) cable systems that the Commission has found are
not subject to such effective competition.]
[(l)] (k) Definitions.--As used in this section--
(1) * * *
* * * * * * *
[(m)] (l) Special Rules for Small Companies.--
(1) * * *
* * * * * * *
[(n)] (m) Treatment of Prior Year Losses.--Notwithstanding
any other provision of this section or of section 612, losses
associated with a cable system (including losses associated
with the grant or award of a franchise) that were incurred
prior to September 4, 1992, with respect to a cable system that
is owned and operated by the original franchisee of such system
shall not be disallowed, in whole or in part, in the
determination of whether the rates for any tier of service or
any type of equipment that is subject to regulation under this
section are lawful.
* * * * * * *
SEC. 624A. CONSUMER ELECTRONICS EQUIPMENT COMPATIBILITY.
(a) * * *
(b) Compatible Interfaces.--
(1) [Report; regulations] Regulations.--[Within 1
year after the date of enactment of this section, the
Commission, in consultation with representatives of the
cable industry and the consumer electronics industry,
shall report to Congress on means of assuring] The
Commission shall issue such regulations as are
necessary to assure compatibility between televisions
and video cassette recorders and cable systems,
consistent with the need to prevent theft of cable
service, so that cable subscribers will be able to
enjoy the full benefit of both the programming
available on cable systems and the functions available
on their televisions and video cassette recorders.
[Within 180 days after the date of submission of the
report required by this subsection, the Commission
shall issue such regulations as are necessary to assure
such compatibility.]
* * * * * * *
SEC. 628. DEVELOPMENT OF COMPETITION AND DIVERSITY IN VIDEO PROGRAMMING
DISTRIBUTION.
(a) * * *
* * * * * * *
[(g) Reports.--The Commission shall, beginning not later than
18 months after promulgation of the regulations required by
subsection (c), annually report to Congress on the status of
competition in the market for the delivery of video
programming.]
[(j)] (g) Common Carriers.--Any provision that applies to a
cable operator under this section shall apply to a common
carrier or its affiliate that provides video programming by any
means directly to subscribers. Any such provision that applies
to a satellite cable programming vendor in which a cable
operator has an attributable interest shall apply to any
satellite cable programming vendor in which such common carrier
has an attributable interest. For the purposes of this
subsection, two or fewer common officers or directors shall not
by itself establish an attributable interest by a common
carrier in a satellite cable programming vendor (or its parent
company).
* * * * * * *
TITLE VII--MISCELLANEOUS PROVISIONS
* * * * * * *
SEC. 713. VIDEO PROGRAMMING ACCESSIBILITY.
[(a) Commission Inquiry.--Within 180 days after the date of
enactment of the Telecommunications Act of 1996, the Federal
Communications Commission shall complete an inquiry to
ascertain the level at which video programming is closed
captioned. Such inquiry shall examine the extent to which
existing or previously published programming is closed
captioned, the size of the video programming provider or
programming owner providing closed captioning, the size of the
market served, the relative audience shares achieved, or any
other related factors. The Commission shall submit to the
Congress a report on the results of such inquiry.]
* * * * * * *
----------
COMMUNICATIONS SATELLITE ACT OF 1962
* * * * * * *
TITLE VI--COMMUNICATIONS COMPETITION AND PRIVATIZATION
* * * * * * *
Subtitle C--Deregulation and Other Statutory Changes
* * * * * * *
[SEC. 646. REPORTS TO CONGRESS.
[(a) Annual Reports.--The President and the Commission shall
report to the Committees on Commerce and International
Relations of the House of Representatives and the Committees on
Commerce, Science, and Transportation and Foreign Relations of
the Senate within 90 calendar days of the enactment of this
title, and not less than annually thereafter, on the progress
made to achieve the objectives and carry out the purposes and
provisions of this title. Such reports shall be made available
immediately to the public.
[(b) Contents of Reports.--The reports submitted pursuant to
subsection (a) shall include the following:
[(1) Progress with respect to each objective since
the most recent preceding report.
[(2) Views of the Parties with respect to
privatization.
[(3) Views of industry and consumers on
privatization.
[(4) Impact privatization has had on United States
industry, United States jobs, and United States
industry's access to the global marketplace.]
* * * * * * *
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SECTION 4 OF THE ACT OF JULY 12, 2005
(Public Law 109-34)
AN ACT To amend the Communications Satellite Act of 1962 to strike the
privatization criteria for INTELSAT separated entities, remove certain
restrictions on separated and successor entities to INTELSAT, and for
other purposes.
[SEC. 4. SATELLITE SERVICE REPORT.
[(a) Annual Report.--The Federal Communications Commission
shall review competitive market conditions with respect to
domestic and international satellite communications services
and shall include in an annual report an analysis of those
conditions. The Commission shall transmit a copy of the report
to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Energy and Commerce.
[(b) Content.--The Commission shall include in the report--
[(1) an identification of the number and market share
of competitors in domestic and international satellite
markets;
[(2) an analysis of whether there is effective
competition in the market for domestic and
international satellite services; and
[(3) a list of any foreign nations in which legal or
regulatory practices restrict access to the market for
satellite services in such nation in a manner that
undermines competition or favors a particular
competitor or set of competitors.]
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SECTION 103 OF THE BROADBAND DATA IMPROVEMENT ACT
SEC. 103 IMPROVING FEDERAL DATA ON BROADBAND.
(a) * * *
[(b) International Comparison.--
[(1) In general.--As part of the assessment and
report required by section 706 of the
Telecommunications Act of 1996 (47 U.S.C. 157 note),
the Federal Communications Commission shall include
information comparing the extent of broadband service
capability (including data transmission speeds and
price for broadband service capability) in a total of
75 communities in at least 25 countries abroad for each
of the data rate benchmarks for broadband service
utilized by the Commission to reflect different speed
tiers.
[(2) Contents.--The Commission shall choose
communities for the comparison under this subsection in
a manner that will offer, to the extent possible,
communities of a population size, population density,
topography, and demographic profile that are comparable
to the population size, population density, topography,
and demographic profile of various communities within
the United States. The Commission shall include in the
comparison under this subsection--
[(A) a geographically diverse selection of
countries; and
[(B) communities including the capital cities
of such countries.
[(3) Similarities and differences.--The Commission
shall identify relevant similarities and differences in
each community, including their market structures, the
number of competitors, the number of facilities-based
providers, the types of technologies deployed by such
providers, the applications and services those
technologies enable, the regulatory model under which
broadband service capability is provided, the types of
applications and services used, business and
residential use of such services, and other media
available to consumers.]
[(c)] (b) Consumer Survey of Broadband Service Capability.--
(1) * * *
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[(d)] (c) Improving Census Data on Broadband.--The Secretary
of Commerce, in consultation with the Federal Communications
Commission, shall expand the American Community Survey
conducted by the Bureau of the Census to elicit information for
residential households, including those located on native
lands, to determine whether persons at such households own or
use a computer at that address, whether persons at that address
subscribe to Internet service and, if so, whether such persons
subscribe to dial-up or broadband Internet service at that
address.
[(e)] (d) Proprietary Information.--Nothing in this title
shall reduce or remove any obligation the Commission has to
protect proprietary information, nor shall this title be
construed to compel the Commission to make publicly available
any proprietary information.
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TELECOMMUNICATIONS ACT OF 1996
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TITLE VII--MISCELLANEOUS PROVISIONS
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SEC. 706. ADVANCED TELECOMMUNICATIONS INCENTIVES.
(a) * * *
(b) Inquiry.--[The Commission shall, within 30 months after
the date of enactment of this Act, and annually thereafter,
initiate a notice of inquiry concerning the availability of
advanced telecommunications capability to all Americans
(including, in particular, elementary and secondary schools and
classrooms) and shall complete the inquiry within 180 days
after its initiation. In the inquiry, the Commission shall
determine whether advanced telecommunications capability is
being deployed to all Americans in a reasonable and timely
fashion. If the Commission's determination is negative, it] If
the Commission determines in its report under section 14 of the
Communications Act of 1934 that advanced telecommunications
capability is not being deployed to all Americans in a
reasonable and timely fashion, the Commission shall take
immediate action to accelerate deployment of such capability by
removing barriers to infrastructure investment and by promoting
competition in the telecommunications market.
[(c) Demographic Information for Unserved Areas.--As part of
the inquiry required by subsection (b), the Commission shall
compile a list of geographical areas that are not served by any
provider of advanced telecommunications capability (as defined
by section 706(c)(1) of the Telecommunications Act of 1996 (47
U.S.C. 157 note)) and to the extent that data from the Census
Bureau is available, determine, for each such unserved area--
[(1) the population;
[(2) the population density; and
[(3) the average per capita income.]
[(d)] (c) Definitions.--For purposes of [this subsection]
this section:
(1) * * *
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