[Congressional Record Volume 161, Number 92 (Wednesday, June 10, 2015)]
[Senate]
[Pages S4059-S4061]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FEDERAL COMMUNICATIONS COMMISSION CONSOLIDATED REPORTING ACT OF 2015
Mr. FLAKE. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 100, S. 253.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 253) 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.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Commerce, Science, and
Transportation, with an amendment to strike all after the enacting
clause and insert in lieu thereof the following:
S. 253
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Communications
Commission Consolidated Reporting Act of 2015''.
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
[[Page S4060]]
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); and
(II) by redesignating clauses (v) and (vi) as clauses (iv)
and (v), respectively;
(F) in section 331(b), by striking the last sentence;
(G) 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.'';
(H) in section 338(k)(6), 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), by striking ``subsection (k)'' each
place that term appears and inserting ``subsection (j)'';
(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, 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 ``(16)(B)'' and
inserting ``(15)(B)''.
(B) Title 17.--Title 17, United States Code, is amended--
(i) in section 114(d)(1)(B)(iv), by striking ``section
396(k)'' and inserting ``section 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)''
and inserting ``section 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.
Mr. FLAKE. I ask unanimous consent that the committee-reported
amendment be agreed to, the bill, as amended, by read a third time and
passed, and the motion to reconsider be considered made and laid upon
the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendment in the nature of a substitute was
agreed to.
[[Page S4061]]
The bill was ordered to be engrossed for a third reading and was read
the third time.
The bill (S. 253), as amended, was passed.
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