[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 174 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 174

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 17, 2017

Mr. Heller (for himself and Mr. Schatz) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Communications Commission 
Consolidated Reporting Act of 2017''.

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. 13. 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 under subsection (a) shall--
            ``(1) assess the state of competition in the communications 
        marketplace, including competition to deliver voice, video, 
        audio, 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;
            ``(3) assess whether laws, regulations, regulatory 
        practices, or demonstrated marketplace practices pose a barrier 
        to competitive entry into the communications marketplace or to 
        the competitive expansion of existing providers of 
        communications services; and
            ``(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).
    ``(c) Extension.--If the Senate confirms the Chairman of the 
Commission during the third or fourth quarter of an even-numbered year, 
the report required under subsection (a) may be published on the 
website of the Commission and submitted to the Committee on Energy and 
Commerce of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate by March 1 of the following 
odd-numbered year.
    ``(d) 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 
        include a list of geographical areas that are not served by any 
        provider of advanced telecommunications capability.
            ``(3) Considering small businesses.--In assessing the state 
        of competition under subsection (b)(1) and 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).
    ``(e) Notification of Delay in Report.--If the Commission fails to 
publish a report by the applicable deadline under subsection (a) or 
(c), the Commission shall, not later than 7 days after the deadline and 
every 60 days thereafter until the publication of the report--
            ``(1) provide notification of the delay by letter to the 
        chairperson and ranking member of--
                    ``(A) the Committee on Energy and Commerce of the 
                House of Representatives; and
                    ``(B) the Committee on Commerce, Science, and 
                Transportation of the Senate;
            ``(2) indicate in the letter the date on which the 
        Commission anticipates the report will be published; and
            ``(3) publish the letter on the website of the 
        Commission.''.

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) 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(b)(1) of the 
Broadband Data Improvement Act (47 U.S.C. 1303(b)(1)) is amended by 
striking ``the assessment and report'' and all that follows through 
``the Federal Communications Commission'' and inserting ``its report 
under section 13 of the Communications Act of 1934, the Federal 
Communications Commission''.
    (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.--Section 623(k) of the 
Communications Act of 1934 (47 U.S.C. 543(k)) is amended--
            (1) in paragraph (1), by striking ``annually publish'' and 
        inserting ``publish with its report under section 13 of the 
        Communications Act of 1934''; and
            (2) in paragraph (2), in the heading, by striking 
        ``annual''.
    (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) 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.
    (h) 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 
        (47 U.S.C. 151 et seq.) 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.
    (i) Additional Outdated Reports.--
            (1) In general.--The Communications Act of 1934 (47 U.S.C. 
        151 et seq.) is amended--
                    (A) in section 4--
                            (i) 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
                            (ii) in subsection (g)--
                                    (I) by striking paragraph (2); and
                                    (II) by redesignating paragraph (3) 
                                as paragraph (2);
                    (B) in section 215--
                            (i) by striking subsection (b); and
                            (ii) by redesignating subsection (c) as 
                        subsection (b);
                    (C) in section 227(e)--
                            (i) by striking paragraph (4); and
                            (ii) by redesignating paragraphs (5) 
                        through (9) as paragraphs (4) through (8), 
                        respectively;
                    (D) in section 303(u)(1)(B), by striking ``section 
                713(f)'' and inserting ``section 713(e)'';
                    (E) in section 309(j)--
                            (i) by striking paragraph (12);
                            (ii) by redesignating paragraphs (13) 
                        through (17) as paragraphs (12) through (16), 
                        respectively; and
                            (iii) in paragraph (14)(C), as 
                        redesignated--
                                    (I) by striking clause (iv);
                                    (II) by redesignating clauses (v) 
                                and (vi) as clauses (iv) and (v), 
                                respectively; and
                                    (III) in clause (v), as 
                                redesignated, in the matter preceding 
                                subclause (I)--
                                            (aa) by striking ``clause 
                                        (v)'' and inserting ``clause 
                                        (iv)''; and
                                            (bb) by striking 
                                        ``paragraph (14)'' and 
                                        inserting ``paragraph (13)'';
                    (F) in section 331(b), by striking the last 
                sentence;
                    (G) in section 336(e), by striking paragraph (4) 
                and inserting the following:
            ``(4) Report.--The Commission shall annually advise the 
        Congress on the amounts collected pursuant to the program 
        required by this subsection.'';
                    (H) in section 338(k)(6)(B), by striking ``section 
                396(k)(6)(B)'' and inserting ``section 396(j)(6)(B)'';
                    (I) in section 339(c)--
                            (i) by striking paragraph (1);
                            (ii) by redesignating paragraphs (2) 
                        through (5) as paragraphs (1) through (4), 
                        respectively;
                            (iii) in paragraph (3)(A), as redesignated, 
                        by striking ``paragraph (2)'' and inserting 
                        ``paragraph (1)''; and
                            (iv) in paragraph (4), as redesignated, by 
                        striking ``paragraphs (2) and (4)'' and 
                        inserting ``paragraphs (1) and (3)'';
                    (J) in section 396--
                            (i) by striking subsections (i) and (m);
                            (ii) by redesignating subsections (j) 
                        through (l) as subsections (i) through (k), 
                        respectively;
                            (iii) in subsection (j), as redesignated--
                                    (I) in paragraph (1), by striking 
                                subparagraph (F);
                                    (II) in paragraph (3)(B)(iii)--
                                            (aa) by striking subclause 
                                        (V);
                                            (bb) by redesignating 
                                        subclause (VI) as subclause 
                                        (V); and
                                            (cc) in subclause (V), as 
                                        redesignated, by striking 
                                        ``subsection (l)(4)(B)'' and 
                                        inserting ``subsection 
                                        (k)(4)(B)''; and
                                    (III) in paragraph (5), by striking 
                                ``subsection (1)(3)(B)'' and inserting 
                                ``subsection (k)(3)(B)''; and
                            (iv) in subsection (k), as redesignated--
                                    (I) in paragraph (1)(B), by 
                                striking ``shall be included'' and all 
                                that follows through ``The audit 
                                report''; and
                                    (II) in paragraph (4)--
                                            (aa) in subparagraph (B), 
                                        by striking ``subsection 
                                        (k)(3)(A) (ii)(II) or 
                                        (iii)(II)'' and inserting 
                                        ``clause (ii)(II) or (iii)(II) 
                                        of subsection (j)(3)(A)'';
                                            (bb) in subparagraph (C), 
                                        by striking ``subsection 
                                        (k)(3)(A)(iii)(III)'' and 
                                        inserting ``subsection 
                                        (j)(3)(A)(iii)(III)''; and
                                            (cc) in subparagraph (D), 
                                        by striking ``subsection 
                                        (k)(3)(A) (ii)(III) or 
                                        (iii)(II)'' and inserting 
                                        ``clause (ii)(II) or (iii)(II) 
                                        of subsection (j)(3)(A)'';
                    (K) in section 398(b)(4), by striking the third 
                sentence;
                    (L) in section 399B(c), by striking ``section 
                396(k)'' and inserting ``section 396(j)'';
                    (M) in section 615(l)(1)(A)(ii), by striking 
                ``section 396(k)(6)(B)'' and inserting ``section 
                396(j)(6)(B)'';
                    (N) in section 624A(b)(1)--
                            (i) by striking ``Report; regulations'' and 
                        inserting ``Regulations'';
                            (ii) 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
                            (iii) by striking ``Within 180 days after'' 
                        and all that follows through ``to assure such 
                        compatibility.''; and
                    (O) in section 713--
                            (i) by striking subsection (a);
                            (ii) by redesignating subsections (b), (c), 
                        (d), (e), (f), (g), (h), and (j) as subsections 
                        (a), (b), (c), (d), (e), (f), (g), and (h), 
                        respectively;
                            (iii) in subsection (a), as redesignated--
                                    (I) in the matter preceding 
                                paragraph (1), by striking ``such date 
                                of enactment'' and inserting ``the date 
                                of enactment of the Telecommunications 
                                Act of 1996''; and
                                    (II) by striking ``subsection (d)'' 
                                each place that term appears and 
                                inserting ``subsection (c)'';
                            (iv) in subsection (b), as redesignated, by 
                        striking ``subsection (b)'' each place that 
                        term appears and inserting ``subsection (a)'';
                            (v) in subsection (c), as redesignated, by 
                        striking ``subsection (b)'' and inserting 
                        ``subsection (a)'';
                            (vi) in subsection (e)(2)(A), as 
                        redesignated, by striking ``subsection (h)'' 
                        and inserting ``subsection (g)''; and
                            (vii) in subsection (f), as redesignated, 
                        by striking ``subsection (e)(2)'' and inserting 
                        ``subsection (d)(2)''.
            (2) Conforming amendments.--
                    (A) Middle class tax relief and job creation act of 
                2012.--Section 6401(b) of the Middle Class Tax Relief 
                and Job Creation Act of 2012 (47 U.S.C. 1451(b)) is 
                amended--
                            (i) in paragraph (1), by striking 
                        ``(15)(A)'' and inserting ``(14)(A)''; and
                            (ii) in paragraph (3), by striking 
                        ``section 309(j)(16)(B) of the Communications 
                        Act of 1934 (47 U.S.C. 309(j)(16)(B))'' and 
                        inserting ``section 309(j)(15)(B) of the 
                        Communications Act of 1934 (47 U.S.C. 
                        309(j)(15)(B))''.
                    (B) Title 17.--Chapter 1 of title 17, United States 
                Code, is amended--
                            (i) in section 114(d)(1)(B)(iv), by 
                        striking ``section 396(k) of the Communications 
                        Act of 1934 (47 U.S.C. 396(k))'' and inserting 
                        ``section 396(j) of the Communications Act of 
                        1934 (47 U.S.C. 396(j))''; and
                            (ii) in section 119(a)--
                                    (I) in paragraph (2)(B)(ii)--
                                            (aa) in subclause (I), by 
                                        striking ``section 339(c)(3)'' 
                                        and inserting ``section 
                                        339(c)(2)'';
                                            (bb) in subclause (II), by 
                                        striking ``section 339(c)(4)'' 
                                        and inserting ``section 
                                        339(c)(3)''; and
                                            (cc) in subclause (III), by 
                                        striking ``section 339(c)(3) of 
                                        the Communications Act of 1934 
                                        (47 U.S.C. 339(c)(3))'' and 
                                        inserting ``section 339(c)(2) 
                                        of the Communications Act of 
                                        1934 (47 U.S.C. 339(c)(2))'';
                                    (II) in paragraph (3)(E), by 
                                striking ``section 339(c)(2)'' and 
                                inserting ``section 339(c)(1)''; and
                                    (III) in paragraph (13), by 
                                striking ``section 339(c)(2)'' and 
                                inserting ``section 339(c)(1)''.

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.

SEC. 5. OTHER REPORTS.

    Nothing in this Act or the amendments made by this Act shall be 
construed to prohibit or otherwise prevent the Federal Communications 
Commission from producing any additional reports otherwise within the 
authority of the Federal Communications Commission.
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