19–006 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 112–443 

FEDERAL COMMUNICATIONS COMMISSION 

CONSOLIDATED REPORTING ACT OF 2012 

APRIL 16, 2012.—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. 3310] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Commerce, to whom was referred 

the bill (H.R. 3310) 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 ................................................................................................................... 5 

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 

Earmarks .................................................................................................................. 7 

Committee Cost Estimate ....................................................................................... 7 

Congressional Budget Office Estimate ................................................................... 7 

Federal Mandates Statement ................................................................................. 8 

Advisory Committee Statement .............................................................................. 8 

Applicability to Legislative Branch ........................................................................ 8 

Section-by-Section Analysis of Legislation ............................................................ 8 

Changes in Existing Law Made by the Bill, as Reported ..................................... 12 


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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 2012’’. 

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, 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 SelfDetermination 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) 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. 


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(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: 


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‘‘(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. 

PURPOSE AND SUMMARY

H.R. 3310, the ‘‘Federal Communications Commission Consolidated Reporting Act of 2012,’’ 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. 3310 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 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, 

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ment, 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 the reporting 

obligations it currently has. For example, the Communications Act 

requires the Commission to produce each year a 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). As of March 2012, the Commission had yet to deliver the reports on video competition covering 

2007, 2008, 2009, 2010, and 2011. 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. 3310 

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 reports repealed more than a decade ago and a report on 

competition between telegraph companies and telephone companies. 

HEARINGS

The Subcommittee on Communications and Technology held an 

oversight hearing on May 13, 2011, entitled ‘‘FCC Process Reform.’’ 


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The Subcommittee received testimony from FCC Chairman Julius 

Genachowski, Commissioner Michael J. Copps, Commissioner Robert M. McDowell, and Commissioner Mignon Clyburn. 

The Subcommittee on Communications and Technology held a 

legislative hearing on June 22, 2011, entitled ‘‘Reforming FCC 

Process.’’ The Subcommittee examined a staff discussion draft of 

legislation to reform the FCC’s processes and produce a communications marketplace report. The Subcommittee received testimony from the Honorable John Sununu, Honorary Co-Chair of 

Broadband for America; Kathleen Abernathy, Chief Legal Officer 

and Executive Vice President of Frontier Communications; Mark 

Cooper, Research Director of the Consumer Federation of America; 

Randolph J. May, President of the Free State Foundation; Brad 

Ramsay, General Counsel of the National Association of Regulatory 

Utility Commissioners; and Ronald Levin, William R. Orthwein 

Distinguished Professor of Law at Washington University School of 

Law. 

COMMITTEE CONSIDERATION

Representative Steve Scalise, together with Rep. Greg Walden, 

introduced H.R. 3310 on November 2, 2011. 

On November 16, 2011, the Subcommittee on Communications 

and Technology met in open markup session and favorably reported 

the bill, as amended, to the full Committee by voice vote. 

On March 6, 2012, the Committee on Energy and Commerce met 

in open markup session and favorably reported the bill, 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. 

At the November 16, 2011, open markup session of the Subcommittee on Communications and Technology, a motion by Mr. 

Rush to amend H.R. 3310 regarding the Triennial Report Identifying and Eliminating Market Entry Barriers for Entrepreneurs 

and Other Small Businesses was defeated by a record vote of 10 

yeas and 12 nays. 

The following reflects the recorded votes taken during the Committee consideration, including the names of those Members voting 

for and against. 

COMMITTEE OVERSIGHT FINDINGS

Pursuant to clause 3(c)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee held oversight and legislative 

hearings and made findings that are reflected in this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS, AND OBJECTIVES

The goals and objectives of H.R. 3310, the ‘‘Federal Communications Commission Consolidated Reporting Act of 2012,’’ are to reduce the reporting burdens on the FCC while encouraging the 

agency to analyze competition in the marketplace as a whole rather 


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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. 3310, the 

‘‘Federal Communications Commission Consolidated Reporting Act 

of 2012,’’ would result in no new or increased budget authority, entitlement authority, or tax expenditures or revenues. 

EARMARKS

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. 3310, the ‘‘Federal Communications Commission Consolidated 

Reporting Act of 2012,’’ contains no earmarks, limited tax benefits, 

or limited tariff benefits. 

COMMITTEE COST ESTIMATE

The Committee adopts as its own the cost estimate provided by 

the Congressional Budget Office. 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. 

MARCH 23, 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. 3310, the Federal Communications Commission Consolidated Reporting Act of 2012. 

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. 3310—Federal Communications Commission Consolidated Reporting Act of 2012 

H.R. 3310 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 highspeed 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 include that information in the biennial report. H.R. 3310 also would 

relieve the FCC of requirements to prepare certain other reports on 

topics ranging from access to satellite services to prices for cable 


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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. 3310 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 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. 3310 would be negligible, assuming annual appropriation actions consistent with the agency’s authorities. Enacting H.R. 3310 would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. 

H.R. 3310 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. 

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 LEGISLATION

Section 1. 

Section 1 defines the short title of the legislation as the ‘‘Federal 

Communications Commission Consolidated Reporting Act of 2012.’’ 

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 

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port every other year rather than every year should also 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 § 646, the Satellite Competition Report, see Pub. L. No. 109–34 § 4, the Status of Competition in the 

Market for the Delivery of Video Programming Report, see Communications Act of 1934 § 628(g), the Report on Cable Industry Prices, 

see Communications Act of 1934 § 623(k), and the State of Competitive Market Conditions with Respect to Commercial Mobile 

Radio Services Report, see Communications Act of 1934 

§ 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, but rather 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 so 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 § 706(b), and the International Broadband Data Report, see 

Broadband Data Improvement Act § 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 § 257(c). As with the 

competition and deployment sections of the report, this section does 

not bind the Commission to highlight with particularity 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. 


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Paragraphs (4)–(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 is, however, 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)—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 § 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 


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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 specially 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 § 646, the Satellite 

Competition Report, see Pub. L. No. 109–34 § 4, the Status of Competition in the Market for the Delivery of Video Programming Report, see Communications Act of 1934 § 628(g), the Report on Cable 

Industry Prices, see Communications Act of 1934 § 623(k), the 

State of Competitive Market Conditions with Respect to Commercial Mobile Radio Services Report, see Communications Act of 1934 

§ 332(c)(1)(C), the Broadband Deployment Report, see Telecommunications Act of 1996 § 706(b), the International Broadband 

Data Report, see Broadband Data Improvement Act § 103(b), and 

the Triennial Report Identifying and Eliminating Market Entry 

Barriers for Entrepreneurs and Other Small Businesses, see Communications Act of 1934 § 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 the Report on Competition between Wire 

Telephone and Wire Telegraph Providers, see Communications Act 

of 1934 § 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 

§ 309(j)(15)(C)(iv). An example of the latter is the annual report of 

the Commission, see Communications Act of 1934 § 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, § 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 


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alter any authority or obligation the Commission has under section 

706 of the Telecommunications Act of 1996, if any. 

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 øand 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) * * * 

ø(2)(A) If— 

ø(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; 

ø(ii) such attendance and participation are in furtherance of 

the functions of the Commission; and 

ø(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. 

ø(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. 

ø(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. 


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ø(D) The provisions of this paragraph shall cease to have any 

force or effect at the end of fiscal year 1994. 

ø(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.¿ 

* * * * * * * 

ø(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— 

ø(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; 

ø(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; 

ø(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 

ø(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.¿ 

ø(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. 

ø(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. 

ø(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. 

ø(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). øIn the Commission’s annual report, the ComVerDate Mar 15 2010 22:51 Apr 18, 2012 Jkt 019006 PO 00000 Frm 00013 Fmt 6602 Sfmt 6602 E:\HR\OC\HR443.XXX HR443

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mission 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, 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) 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 


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list of geographical areas that are not served by any provider 

of advanced telecommunications capability. 

(3) INTERNATIONAL COMPARISONS AND DEMOGRAPHIC INFOR- MATION.—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) * * * 

ø(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.¿ 

ø(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) * * * 

* * * * * * * 

ø(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.¿ 

* * * * * * * 


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PART II—DEVELOPMENT OF COMPETITIVE 

MARKETS 

* * * * * * * 

SEC. 257. MARKET ENTRY BARRIERS PROCEEDING. 

(a) * * * 

* * * * * * * 

ø(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— 

ø(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 

ø(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. øNo 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 


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purposes of conducting competitive bidding under this subsection during such second preceding fiscal year.¿ 

* * * * * * * 

ø(12) EVALUATION.—Not later than September 30, 1997, the 

Commission shall conduct a public inquiry and submit to the 

Congress a report— 

ø(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; 

ø(B) describing the methodologies established by the 

Commission pursuant to paragraphs (3) and (4); 

ø(C) comparing the relative advantages and disadvantages of such methodologies in terms of attaining the objectives described in such paragraphs; 

ø(D) evaluating whether and to what extent— 

ø(i) competitive bidding significantly improved the 

efficiency and effectiveness of the process for granting 

radio spectrum licenses; 

ø(ii) competitive bidding facilitated the introduction 

of new spectrum-based technologies and the entry of 

new companies into the telecommunications market; 

ø(iii) competitive bidding methodologies have secured prompt delivery of service to rural areas and 

have adequately addressed the needs of rural spectrum users; and 

ø(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 

ø(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) * * * 

* * * * * * * 

ø(iv) REPORT.—Within one year after the date of enactment of this paragraph, the Commission shall submit a report to Congress— 

ø(I) specifying when the Commission intends to 

reschedule auctions 31 and 44 (other than the 

blocks excepted by clause (i)); and 

ø(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.¿ 

* * * * * * * 


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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 daytimeonly 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. øThe 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) øThe 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) * * * 

* * * * * * * 

ø(4) REPORT.—Within 5 years after the date of enactment of 

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port 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.— ø(1) STUDY OF DIGITAL STRENGTH TESTING PROCEDURES.— ø(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. 

ø(B) STUDY CONSIDERATIONS.—In conducting the study 

under this paragraph, the Commission shall consider 

whether— 

ø(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; 

ø(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; 

ø(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; 

ø(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; 

ø(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 

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ard for determining whether a household is unserved 

by an adequate digital signal; and 

ø(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. 

ø(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— 

ø(i) the results of the study under this paragraph; 

and 

ø(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) * * * 

* * * * * * * 

øReport to Congress 

ø(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— 

ø(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; 

ø(B) a comprehensive and detailed inventory of funds distributed by Federal agencies to public telecommunications entities 

during the preceding fiscal year; 

ø(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; 


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ø(D) the summary of the annual report provided to the Secretary pursuant to section 398(b)(4). 

ø(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) * * * 

* * * * * * * 

ø(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) * * * 

* * * * * * * 

ø(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 øshall 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. 

* * * * * * * 


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ø(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. 

ø(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. 

ø(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. øThe 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 

* * * * * * * 


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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 

ø623(l)¿ 623(k). 

* * * * * * * 

PART III—FRANCHISING AND REGULATION 

* * * * * * * 

SEC. 623. REGULATION OF RATES. 

(a) * * * 

* * * * * * * 

ø(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— 

ø(1) cable systems that the Commission has found are subject to effective competition under subsection (a)(2), compared 

with 

ø(2) cable systems that the Commission has found are not 

subject to such effective competition.¿ 

ø(l)¿ (k) DEFINITIONS.—As used in this section— 

(1) * * * 

* * * * * * * 

ø(m)¿ (l) SPECIAL RULES FOR SMALL COMPANIES.— (1) * * * 

* * * * * * * 

ø(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. 

* * * * * * * 


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SEC. 624A. CONSUMER ELECTRONICS EQUIPMENT COMPATIBILITY. 

(a) * * * 

(b) COMPATIBLE INTERFACES.— 

(1) øREPORT; REGULATIONS¿ REGULATIONS.—øWithin 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. 

øWithin 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) * * * 

* * * * * * * 

ø(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.¿ 

ø(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. 

ø(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, 


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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 

* * * * * * * 

øSEC. 646. REPORTS TO CONGRESS. 

ø(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. 

ø(b) CONTENTS OF REPORTS.—The reports submitted pursuant to 

subsection (a) shall include the following: 

ø(1) Progress with respect to each objective since the most 

recent preceding report. 

ø(2) Views of the Parties with respect to privatization. 

ø(3) Views of industry and consumers on privatization. 

ø(4) Impact privatization has had on United States industry, 

United States jobs, and United States industry’s access to the 

global marketplace.¿ 

* * * * * * * 

SECTION 4 OF THE ACT OF JULY 12, 2005 

(Public Law 109–34) 

AN ACT To amend the Communications Satellite Act of 1962 to strike the privatization criteria for INTELSAT separated entities, remove certain restrictions on separated and successor entities to INTELSAT, and for other purposes. 

øSEC. 4. SATELLITE SERVICE REPORT. 

ø(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. 


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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. 

ø(b) CONTENT.—The Commission shall include in the report— 

ø(1) an identification of the number and market share of 

competitors in domestic and international satellite markets; 

ø(2) an analysis of whether there is effective competition in 

the market for domestic and international satellite services; 

and 

ø(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.¿ 

SECTION 103 OF THE BROADBAND DATA IMPROVEMENT 

ACT 

SEC. 103 IMPROVING FEDERAL DATA ON BROADBAND. 

(a) * * * 

ø(b) INTERNATIONAL COMPARISON.— 

ø(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. 

ø(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— 

ø(A) a geographically diverse selection of countries; and 

ø(B) communities including the capital cities of such 

countries. 

ø(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.¿ 

ø(c)¿ (b) CONSUMER SURVEY OF BROADBAND SERVICE CAPABILITY.— 

(1) * * * 

* * * * * * * 


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ø(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. 

ø(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.—øThe 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. 

ø(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— 

ø(1) the population; 

ø(2) the population density; and 

ø(3) the average per capita income.¿ 


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ø(d)¿ (c) DEFINITIONS.—For purposes of øthis subsection¿ this 

section: 

(1) * * * 

* * * * * * * 

Æ 


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