[Congressional Record Volume 163, Number 12 (Monday, January 23, 2017)]
[House]
[Pages H586-H588]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FEDERAL COMMUNICATIONS COMMISSION CONSOLIDATED REPORTING ACT OF 2017
Mr. LANCE. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 599) 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.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 599
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 by 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, 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. 5304)), 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) Extension.--If the President designates a
Commissioner as Chairman of the Commission during the last
quarter of an even-numbered year, the portion of the report
required by subsection (b)(4) 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 as an addendum during the first quarter 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
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).
``(5) Considering cable rates.--In assessing the state of
competition under subsection (b)(1), the Commission shall
include in each report required by subsection (a) the
aggregate average total amount paid by cable systems in
compensation under section 325 during the period covered by
such report.''.
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 (o) as
subsections (k) through (n), 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) by amending subsection (b) to read as follows:
``(b) Determination.--If the Commission determines in its
report under section 13 of the Communications Act of 1934,
after considering the availability of advanced
telecommunications capability to all Americans (including, in
particular, elementary and secondary schools and classrooms),
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.'';
(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.
[[Page H587]]
(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.
(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.
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
Commission.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Lance) and the gentleman from Pennsylvania (Mr. Michael F.
Doyle) each will control 20 minutes.
The Chair recognizes the gentleman from New Jersey.
General Leave
Mr. LANCE. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
insert extraneous materials in the Record on the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. LANCE. Mr. Speaker, I yield such time as he may consume to the
gentleman from Louisiana (Mr. Scalise), the distinguished majority whip
of the House.
Mr. SCALISE. Mr. Speaker, I thank the gentleman from New Jersey for
yielding and for managing the time here.
I bring forward this FCC Consolidated Reporting Act because this is a
bill that focuses on streamlining government. It focuses on really
establishing and identifying areas where we need to improve competition
in the telecommunications marketplace and make recommendations to
Congress that can help us make better policy for the country. At the
same time, we are eliminating a lot of unnecessary reports that are
currently burdening not only the people who are out there creating jobs
but also the FCC by having eight different reports that are required
annually to be filed and to be evaluated by the FCC at disparate times
throughout the year, to consolidate all that into one report, one
report that focuses on the entire telecommunications marketplace on a
biennial basis. That report would come in at the end of the 2-year
period so that each new Congress would be presented with very relevant
and much more timely information that would help each Congress evaluate
if changes and reforms need to be made to the law.
What laws am I talking about, Mr. Speaker? I am talking about in the
current marketplace some of these various disparate reports where you
might have throughout the year a requirement where a report has to look
just at the satellite industry or a report looks just at the cable
industry or a report looks just at the landline industry. Mr. Speaker,
as we know, all of these industries now compete against each other, and
whether you are getting your telecommunications data at home, through a
cable, through fiber, through satellite, on your mobile device, it is
all ultimately the same content that people are consuming, and all of
these companies are competing against each other.
It is not like in the old days where you just had telephone lines and
the telephone companies would compete against each other, and then
cable companies would compete against each other. Now it is a
consolidated marketplace, and it is time that we get all these
disparate reports that are outdated and bring them all into one place.
When you look at what this means, they say time is money, and so when
all of these reports are required by Federal law, where all of these
different entities have to put together reports and a lot of times
create documents, paperwork that is unnecessary, that is outdated, that
doesn't really reflect what is happening in the marketplace, that is
time that they can better spend creating jobs, Mr. Speaker. It is time
they can better spend reinvesting so that we can have better broadband
as consumers, families across the country that use all of this great
telecommunications infrastructure. Let's focus more on competing and
creating a better marketplace.
Something else this bill does is get rid of some outdated laws, Mr.
Speaker. Do you know there is still a requirement in Federal law, that
we get rid of in this bill, that there is a requirement every year that
there has to be a telegraph report that studies competition in the
telegraph industry. Mr. Speaker, this might have been useful back in
1934 when Congress mandated it. You can go back to the 1830s when
Samuel Morse invented the telegraph, but we don't really need to be
spending time and legal requirements that there be a report filed
annually on competition in the telegraph industry. We get rid of that
in this bill.
So often we hear from people around the country, when Congress is
contemplating new laws, when are they going to get rid of some of the
old laws that are unnecessary on the books? We actually do that in this
bill. This has bipartisan support. It is a commonsense piece of
legislation that actually streamlines government and focuses on helping
increase competition for families across this country.
I urge adoption of this piece of legislation.
Mr. MICHAEL F. DOYLE of Pennsylvania. Mr. Speaker, I yield myself
such time as I may consume.
Mr. Speaker, I rise today in support of H.R. 599, the FCC
Consolidated Reporting Act. This bill passed the House last Congress
with unanimous support after careful negotiations that resulted in a
bipartisan agreement. The FCC oversees a wide range of industries that
drive economic growth in the Nation. These industries connect
businesses to markets large and small, but, most importantly, they
deliver innovative new products and services to consumers.
Democrats and Republicans agree that the FCC needs to collect good
data to inform the public about these dynamic markets. Good data is
important for Congress to have as well so that we can make good policy
decisions and conduct oversight of the FCC. At the same time, we have
worked to ensure this effort to promote efficiency does not undermine
important existing FCC obligations and authorities.
Again, this bill is one I think that all Members can support. I urge
its passage today.
[[Page H588]]
Mr. Speaker, I have no other speakers on my side, so I yield back the
balance of my time.
Mr. LANCE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this bill is an important step toward modernizing the
Federal Communications Commission. The FCC has served Americans since
1934, and over the past more than 80 years, this agency has been
responsible for overseeing the evolving telecommunications sector, with
collecting information and analyzing the state of competition, and the
impact of these changes on consumers.
As society has moved from one technology to the next, the FCC has
been asked to keep up with the changing technologies, and Congress has
directed the Commission with reviewing data and reporting on everything
from the telegraph, as Mr. Scalise has indicated, and the AM radio to
online video distributions like Hulu and Netflix. This bill will
eliminate reports that are no longer necessary and waste time and
resources on issues that are no longer critical to consumers.
The bill also recognizes that technology continues to progress and
consumers are no longer served by separate voice, data, or video
networks. Rather, providers are leveraging the same IP network to
provide multiple services over the same network. Providers that were
solely video providers now offer voice and data. Companies that thought
of themselves as telephone providers are also offering video and
broadband services. The game has changed, and we believe that the FCC
should change its reporting to reflect the new reality.
This bill consolidates multiple annual or biennial reports that
require the agency to evaluate competition in different sectors. We
will no longer require a separate mobile wireless or a separate video
competition report. Rather, the bill requires the Commission to
evaluate the state of competition across multiple tech industries in a
single biennial report on competition in the communications
marketplace. Our policymakers should be looking at the world as it is,
not the world that once existed.
I thank the majority whip for his leadership in sponsoring this bill.
He has always shown a keen interest in modernizing the communications
marketplace, and I welcome his continued engagement over the 115th
Congress, where he serves with such distinction as our whip.
I also thank the gentlewoman from California (Ms. Eshoo), the former
ranking member, for her work in ensuring that this bill is bipartisan
in nature and is successful. I certainly thank Mr. Doyle for his
leadership as well.
I urge my colleagues to vote for this bill. I look forward to more
bipartisan work on this and other issues in this Congress. I am hopeful
that this bill will reach our new President's desk as soon as possible.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Lance) that the House suspend the rules
and pass the bill, H.R. 599.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________