[House Report 113-189]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    113-189

======================================================================



 
  FEDERAL COMMUNICATIONS COMMISSION CONSOLIDATED REPORTING ACT OF 2013

                                _______
                                

 September 9, 2013.--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. 2844]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 2844) 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.........................................................     6
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
Earmark, Limited Tax Benefits, and Limited Tariff Benefits.......     7
Committee Cost Estimate..........................................     7
Congressional Budget Office Estimate.............................     7
Federal Mandates Statement.......................................     8
Duplication of Federal Programs..................................     8
Disclosure of Directed Rule Makings..............................     8
Advisory Committee Statement.....................................     8
Applicability to Legislative Branch..............................     8
Section-by-Section Analysis of the Legislation...................     9
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 2013''.

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, 
        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. 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) 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).''.

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.

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.

                          Purpose and Summary

    H.R. 2844, the ``Federal Communications Commission 
Consolidated Reporting Act of 2013,'' consolidates eight 
separate reports of the Federal Communications Commission (FCC 
or Commission) 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. 2844 
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 references to 
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 its 
reporting obligations. For example, the Communications Act 
requires the Commission to produce an annual 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). In July 2012, the Commission released 
the video competition report covering 2007 to 2010, see Annual 
Assessment of the Status of Competition in the Market for 
Delivery of Video Programming, MB Docket No. 07-269, Fourteenth 
Report, 27 FCC Rcd 8610 (2010). 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. 
2844 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 references to reports repealed 
more than a decade ago and a report on competition between 
telegraph companies and telephone companies.
    A bipartisan amendment adopted during full committee 
consideration of the bill provides an additional three months 
for a new FCC chairman to complete the agenda portion of the 
report if he or she is appointed near the end of the bill's 
two-year reporting cycle. In addition, the amendment adds a 
clause that clarifies that this bill does not impact the 
Commission's ability to issue other reports otherwise within 
its authority. Additionally, Ranking Member Eshoo offered and 
withdrew an amendment regarding fees on consumer bills.

                                Hearings

    The Subcommittee on Communications and Technology held an 
oversight hearing on July 11, 2013, entitled ``Improving FCC 
Process.'' The Subcommittee received testimony from Stuart M. 
Benjamin, Douglas B. Maggs Chair in Law and Associate Dean for 
Research at Duke Law; Larry Downes, Internet industry analyst 
and author; Robert M. McDowell, Former FCC Commissioner and 
Visiting Fellow at Hudson Institute; Randolph J. May, President 
of Free State Foundation; Richard J. Pierce Jr., Lyle T. 
Alverson Professor of Law at George Washington University Law 
School; and James Bradford Ramsay, General Counsel of the 
National Association of Regulatory Utility Commissioners.

                        Committee Consideration

    Rep. Steve Scalise, together with Rep. Greg Walden and Rep. 
Anna Eshoo, introduced H.R. 2844 on July 26, 2013.
    On July 24, 2013, the Subcommittee on Communications and 
Technology met in open markup session and favorably reported a 
discussion draft to the full Committee by voice vote. The 
discussion draft was substantially similar to H.R. 2844 as 
introduced.
    On July 30 and July 31, 2013, the Committee on Energy and 
Commerce met in open markup session and favorably reported H.R. 
2844, 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. 
There were no record votes taken in connection with ordering 
H.R. 2844 reported. A motion by Mr. Upton to order H.R. 2844 
reported to the House, with amendment, was agreed to by a voice 
vote.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee held a hearing and made 
findings that are reflected in this report.

         Statement of General Performance Goals and Objectives

    The goals and objectives of H.R. 2844, the ``Federal 
Communications Commission Consolidated Reporting Act of 2013,'' 
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. 
2844, the ``Federal Communications Commission Consolidated 
Reporting Act of 2013,'' would result in no new or increased 
budget authority, entitlement authority, or tax expenditures or 
revenues.

       Earmark, Limited Tax Benefits, and Limited Tariff Benefits

    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. 2844 contains no earmarks, limited tax 
benefits, or limited tariff benefits.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                  Congressional Budget Office Estimate

    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:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 29, 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. 2844, the Federal 
Communications Commission Consolidated Reporting Act of 2013.
    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. 2844--Federal Communications Commission Consolidated Reporting Act 
        of 2013

    H.R. 2844 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 to include that information in the 
biennial report. H.R. 2844 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. 2844 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 be 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. 
2844 would be negligible, assuming annual appropriation actions 
consistent with the agency's authorities. Enacting H.R. 2844 
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures do not apply.
    H.R. 2844 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.

                    Duplication of Federal Programs

    No provision of H.R. 2844 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    Enacting H.R. 2844 does not direct any specific rule 
makings to be completed within the meaning of 5 U.S.C. 551.

                      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 the Legislation


Section 1.

    Section 1 defines the short title of the legislation as the 
``Federal Communications Commission Consolidated Reporting Act 
of 2013.''

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, also should 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, including the 
examination of cable pricing, but 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 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 use the 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 the 
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) and (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, 
however, is 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)--Extension. This subsection allows a 
chairman designated by the President in the last quarter of an 
even-number year, when the report is due, to submit the agenda 
portion of the report to Congress as an addendum during the 
first quarter of the following year.
    New Section 14(d)--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 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 a reference to 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.

Section 5.

    Section 5 clarifies that nothing in the Act prohibits or 
prevents the FCC from producing additional reports within its 
existing authority.

         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, 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. 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) 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).

                       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.]

           *       *       *       *       *       *       *

                              ----------                              


                           PUBLIC LAW 109-34



           *       *       *       *       *       *       *
[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.]
                              ----------                              


                     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) * * *

           *       *       *       *       *       *       *

  [(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.

           *       *       *       *       *       *       *

                              ----------                              


                     TELECOMMUNICATIONS ACT OF 1996



           *       *       *       *       *       *       *
TITLE VII--MISCELLANEOUS PROVISIONS

           *       *       *       *       *       *       *


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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