[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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