I 

115TH CONGRESS 

2D SESSION H. R. 4986 

To amend the Communications Act of 1934 to reauthorize appropriations 

for the Federal Communications Commission, to provide for certain procedural changes to the rules of the Commission to maximize opportunities 

for public participation and efficient decisionmaking, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 8, 2018 

Mrs. BLACKBURN introduced the following bill; which was referred to the 

Committee on Energy and Commerce, and in addition to the Committees 

on Transportation and Infrastructure, and Oversight and Government 

Reform, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Communications Act of 1934 to reauthorize 

appropriations for the Federal Communications Commission, to provide for certain procedural changes to the 

rules of the Commission to maximize opportunities for 

public participation and efficient decisionmaking, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘FCC Reauthorization Act of 2018’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Commission defined. 

TITLE I—FCC REAUTHORIZATION 

Sec. 101. Authorization of appropriations. 

Sec. 102. Application and regulatory fees. 

Sec. 103. Effective date. 

TITLE II—FCC PROCESS REFORM 

Sec. 201. FCC process reform. 

Sec. 202. Categorization of TCPA inquiries and complaints in quarterly report. 

Sec. 203. Effect on other laws. 

Sec. 204. Application of Antideficiency Act to Universal Service Program. 

Sec. 205. Report on improving small business participation in FCC proceedings. 

Sec. 206. Timely availability of items adopted by vote of the Commission. 

TITLE III—AMATEUR RADIO PARITY 

Sec. 301. Findings. 

Sec. 302. Application of private land use restrictions to amateur stations. 

Sec. 303. Affirmation of limited preemption of State and local land use regulation. 

Sec. 304. Definitions. 

TITLE IV—SECURING ACCESS TO NETWORKS IN DISASTERS 

Sec. 401. Study on network resiliency. 

Sec. 402. Access to essential service providers during federally declared emergencies. 

Sec. 403. Definitions. 

TITLE V—FCC CONSOLIDATED REPORTING 

Sec. 501. Communications marketplace report. 

Sec. 502. Consolidation of redundant reports; conforming amendments. 

Sec. 503. Effect on authority. 

Sec. 504. Other reports. 

TITLE VI—ADDITIONAL PROVISIONS 

Sec. 601. Independent Inspector General for FCC. 

Sec. 602. Authority of Chief Information Officer. 

Sec. 603. Ensuring the integrity of voice communications. 

Sec. 604. Spoofing prevention. 


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Sec. 605. Configuration of multi-line telephone systems for direct dialing of 9– 

1–1. 

Sec. 606. Report on promoting broadband Internet access service for veterans. 

Sec. 607. Methodology for collection of mobile service coverage data. 

Sec. 608. Accuracy of 9–1–1 call location information. 

Sec. 609. Interagency Communications Security Committee. 

1 SEC. 2. COMMISSION DEFINED. 

2 In this Act, the term ‘‘Commission’’ means the Fed3 eral Communications Commission. 

4 TITLE I—FCC 

5 REAUTHORIZATION 

6 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

7 (a) IN GENERAL.—Section 6 of the Communications 

8 Act of 1934 (47 U.S.C. 156) is amended to read as fol9 lows: 

10 ‘‘SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

11 ‘‘(a) AUTHORIZATION.—There are authorized to be 

12 appropriated to the Commission to carry out the functions 

13 of the Commission $322,035,000 for each of the fiscal 

14 years 2019 and 2020. 

15 ‘‘(b) OFFSETTING COLLECTIONS.— 

16 ‘‘(1) IN GENERAL.—The sum appropriated in 

17 any fiscal year to carry out the activities described 

18 in subsection (a), to the extent and in the amounts 

19 provided for in advance in appropriations Acts, shall 

20 be derived from fees authorized by section 9. 

21 ‘‘(2) DEPOSIT OF COLLECTIONS.—Amounts re22 ceived from fees authorized by section 9 shall be deVerDate Sep 11 2014 00:22 Feb 13, 2018 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.IH H4986

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1 posited as an offsetting collection in, and credited to, 

2 the account through which funds are made available 

3 to carry out the activities described in subsection 

4 (a). 

5 ‘‘(3) DEPOSIT OF EXCESS COLLECTIONS.—Any 

6 fees collected in excess of the total amount of fees 

7 provided for in appropriations Acts for a fiscal year 

8 shall be deposited in the general fund of the Treas9 ury of the United States for the sole purpose of def10 icit reduction.’’. 

11 (b) DEPOSITS OF BIDDERS TO BE DEPOSITED IN

12 TREASURY.—Section 309(j)(8)(C) of the Communications 

13 Act of 1934 (47 U.S.C. 309(j)(8)(C)) is amended— 

14 (1) in the first sentence, by striking ‘‘an inter15 est bearing account’’ and all that follows and insert16 ing ‘‘the Treasury.’’; 

17 (2) in clause (i)— 

18 (A) by striking ‘‘paid to the Treasury’’ and 

19 inserting ‘‘deposited in the general fund of the 

20 Treasury (where such deposits shall be used for 

21 the sole purpose of deficit reduction)’’; and 

22 (B) by striking the semicolon and inserting 

23 ‘‘; and’’; 

24 (3) in clause (ii), by striking ‘‘; and’’ and in25 serting ‘‘, and payments representing the return of 


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1 such deposits shall not be subject to administrative 

2 offset under section 3716(c) of title 31, United 

3 States Code.’’; and 

4 (4) by striking clause (iii). 

5 (c) ELIMINATION OF DUPLICATIVE AUTHORIZATION

6 OF APPROPRIATIONS.— 

7 (1) IN GENERAL.—Section 710 of the Tele8 communications Act of 1996 (Public Law 104–104) 

9 is repealed. 

10 (2) CONFORMING AMENDMENT.—The table of 

11 contents in section 2 of such Act is amended by 

12 striking the item relating to section 710. 

13 (d) TRANSFER OF FUNDS.—On the effective date de14 scribed in section 103, any amounts in the account pro15 viding appropriations to carry out the functions of the 

16 Commission that were collected in excess of the amounts 

17 provided for in appropriations Acts in any fiscal year prior 

18 to such date shall be transferred to the general fund of 

19 the Treasury of the United States for the sole purpose 

20 of deficit reduction. 

21 SEC. 102. APPLICATION AND REGULATORY FEES. 

22 (a) IN GENERAL.—Section 9 of the Communications 

23 Act of 1934 (47 U.S.C. 159) is amended to read as fol24 lows: 


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1 ‘‘SEC. 9. APPLICATION AND REGULATORY FEES. 

2 ‘‘(a) GENERAL AUTHORITY.—The Commission shall 

3 assess and collect application fees and regulatory fees to 

4 recover the costs of carrying out the activities described 

5 in section 6(a) only to the extent and in the amounts pro6 vided for in advance in appropriations Acts. 

7 ‘‘(b) APPLICATION FEES.— 

8 ‘‘(1) IN GENERAL.—The Commission shall as9 sess and collect application fees at such rates as the 

10 Commission shall establish in a schedule of applica11 tion fees to recover the costs of the Commission to 

12 process applications. 

13 ‘‘(2) ADJUSTMENT OF SCHEDULE.— 

14 ‘‘(A) IN GENERAL.—In every even-num15 bered year, the Commission shall review the 

16 schedule of application fees established under 

17 this subsection and, except as provided in sub18 paragraph (B), set a new amount for each fee 

19 in the schedule that is equal to the amount of 

20 the fee on the date when the fee was established 

21 or the date when the fee was last amended 

22 under paragraph (3), whichever is later— 

23 ‘‘(i) increased or decreased by the per24 centage change in the Consumer Price 

25 Index during the period beginning on such 


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1 date and ending on the date of the review; 

2 and 

3 ‘‘(ii) rounded to the nearest $5 incre4 ment. 

5 ‘‘(B) THRESHOLD FOR ADJUSTMENT.— 

6 The Commission may not adjust a fee under 

7 subparagraph (A) if— 

8 ‘‘(i) in the case of a fee the current 

9 amount of which is less than $200, the ad10 justment would result in a change in the 

11 current amount of less than $10; or 

12 ‘‘(ii) in the case of a fee the current 

13 amount of which is $200 or more, the ad14 justment would result in a change in the 

15 current amount of less than 5 percent. 

16 ‘‘(C) CURRENT AMOUNT DEFINED.—In 

17 subparagraph (B), the term ‘current amount’ 

18 means, with respect to a fee, the amount of the 

19 fee on the date when the fee was established, 

20 the date when the fee was last adjusted under 

21 subparagraph (A), or the date when the fee was 

22 last amended under paragraph (3), whichever is 

23 latest. 

24 ‘‘(3) AMENDMENTS.—In addition to the adjust25 ments required by paragraph (2), the Commission 


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1 shall by rule amend the schedule of application fees 

2 established under this subsection if the Commission 

3 determines that the schedule requires amendment so 

4 that such fees reflect increases or decreases in the 

5 costs of processing applications at the Commission 

6 and the consolidation or addition of new categories 

7 of applications. 

8 ‘‘(c) REGULATORY FEES.— 

9 ‘‘(1) IN GENERAL.—The Commission shall as10 sess and collect regulatory fees at such rates as the 

11 Commission shall establish in a schedule of regu12 latory fees that will result in the collection, in each 

13 fiscal year, of an amount that can reasonably be ex14 pected to equal the difference between— 

15 ‘‘(A) the amounts described in subsection 

16 (a) with respect to such fiscal year; and 

17 ‘‘(B) the amount of application fees rea18 sonably expected to be collected in such fiscal 

19 year. 

20 ‘‘(2) ADJUSTMENT OF SCHEDULE.— 

21 ‘‘(A) IN GENERAL.—For each fiscal year, 

22 the Commission shall by rule adjust the sched23 ule of regulatory fees established under this 

24 subsection to— 


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1 ‘‘(i) reflect unexpected increases or 

2 decreases in the number of units subject to 

3 the payment of such fees; and 

4 ‘‘(ii) result in the collection of the 

5 amount required by paragraph (1). 

6 ‘‘(B) ROUNDING.—In making adjustments 

7 under this paragraph, the Commission may 

8 round fees to the nearest $5 increment. 

9 ‘‘(3) AMENDMENTS.—In addition to the adjust10 ments required by paragraph (2), the Commission 

11 shall by rule amend the schedule of regulatory fees 

12 established under this subsection if the Commission 

13 determines that the schedule requires amendment so 

14 that such fees reflect the full-time equivalent number 

15 of employees within the bureaus and offices of the 

16 Commission, adjusted to take into account factors 

17 that are reasonably related to the benefits provided 

18 to the payor of the fee by the Commission’s activi19 ties. In making an amendment under this para20 graph, the Commission may not change the total 

21 amount of regulatory fees required by paragraph (1) 

22 to be collected in a fiscal year. 

23 ‘‘(d) JUDICIAL REVIEW PROHIBITED.—An adjust24 ment or amendment to a schedule of fees under subsection 

25 (b) or (c) is not subject to judicial review. 


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1 ‘‘(e) NOTICE TO CONGRESS.—The Commission shall 

2 transmit to Congress notification— 

3 ‘‘(1) of any adjustment under subsection (b)(2) 

4 or (c)(2) immediately upon the adoption of such ad5 justment; and 

6 ‘‘(2) of any amendment under subsection (b)(3) 

7 or (c)(3) not later than 90 days before the effective 

8 date of such amendment. 

9 ‘‘(f) ENFORCEMENT.— 

10 ‘‘(1) PENALTIES FOR LATE PAYMENT.—The 

11 Commission shall by rule prescribe a penalty for late 

12 payment of fees under this section. Such penalty 

13 shall be 25 percent of the amount of the fee that 

14 was not paid in a timely manner. 

15 ‘‘(2) INTEREST ON UNPAID FEES AND PEN16 ALTIES.—The Commission shall charge interest, at a 

17 rate determined under section 3717 of title 31, 

18 United States Code, on a fee or penalty under this 

19 section that is not paid in a timely manner. Such 

20 section 3717 shall not otherwise apply with respect 

21 to a fee or penalty under this section. 

22 ‘‘(3) DISMISSAL OF APPLICATIONS OR FIL23 INGS.—The Commission may dismiss any applica24 tion or other filing for failure to pay in a timely 


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1 manner any fee, interest, or penalty under this sec2 tion. 

3 ‘‘(4) REVOCATIONS.— 

4 ‘‘(A) IN GENERAL.—In addition to or in 

5 lieu of the penalties and dismissals authorized 

6 by paragraphs (1) and (3), the Commission 

7 may revoke any instrument of authorization 

8 held by any licensee that has not paid in a 

9 timely manner a regulatory fee assessed under 

10 this section or any related interest or penalty. 

11 ‘‘(B) NOTICE.—Revocation action may be 

12 taken by the Commission under this paragraph 

13 after notice of the Commission’s intent to take 

14 such action is sent to the licensee by registered 

15 mail, return receipt requested, at the licensee’s 

16 last known address. The notice shall provide the 

17 licensee at least 30 days to either pay the fee, 

18 interest, and any penalty or show cause why the 

19 fee, interest, or penalty does not apply to the li20 censee or should otherwise be waived or pay21 ment deferred. 

22 ‘‘(C) HEARING.— 

23 ‘‘(i) GENERALLY NOT REQUIRED.—A 

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1 sents a substantial and material question 

2 of fact. 

3 ‘‘(ii) EVIDENCE AND BURDENS.—In 

4 any case where a hearing is conducted 

5 under this paragraph, the hearing shall be 

6 based on written evidence only, and the 

7 burden of proceeding with the introduction 

8 of evidence and the burden of proof shall 

9 be on the licensee. 

10 ‘‘(iii) COSTS.—Unless the licensee 

11 substantially prevails in the hearing, the 

12 Commission may assess the licensee for the 

13 costs of such hearing. 

14 ‘‘(D) OPPORTUNITY TO PAY PRIOR TO

15 REVOCATION.—Any Commission order adopted 

16 under this paragraph shall determine the 

17 amount due, if any, and provide the licensee 

18 with at least 30 days to pay that amount or 

19 have its authorization revoked. 

20 ‘‘(E) FINALITY.—No order of revocation 

21 under this paragraph shall become final until 

22 the licensee has exhausted its right to judicial 

23 review of such order under section 402(b)(5). 

24 ‘‘(g) WAIVER, REDUCTION, AND DEFERMENT.—The 

25 Commission may waive, reduce, or defer payment of a fee, 


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1 interest charge, or penalty in any specific instance for 

2 good cause shown, if such action would promote the public 

3 interest. 

4 ‘‘(h) PAYMENT RULES.—The Commission shall by 

5 rule permit payment— 

6 ‘‘(1) in the case of fees in large amounts, by in7 stallments; and 

8 ‘‘(2) in the case of fees in small amounts, in ad9 vance for a number of years not to exceed the term 

10 of the license held by the payor. 

11 ‘‘(i) EXCEPTIONS.— 

12 ‘‘(1) PARTIES TO WHICH FEES ARE NOT APPLI13 CABLE.— 

14 ‘‘(A) APPLICATION FEES.—The application 

15 fees established under this section shall not be 

16 applicable to— 

17 ‘‘(i) a governmental entity; or 

18 ‘‘(ii) a nonprofit entity licensed in the 

19 Local Government, Police, Fire, Highway 

20 Maintenance, Forestry-Conservation, Pub21 lic Safety, or Special Emergency Radio 

22 service. 

23 ‘‘(B) REGULATORY FEES.—The regulatory 

24 fees established under this section shall not be 

25 applicable to— 


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1 ‘‘(i) a governmental entity or non2 profit entity; or 

3 ‘‘(ii) an amateur radio operator li4 censee under part 97 of the Commission’s 

5 rules (47 C.F.R. part 97). 

6 ‘‘(2) COST OF COLLECTION.— 

7 ‘‘(A) APPLICATION FEES.—If, in the judg8 ment of the Commission, the cost of collecting 

9 an application fee established under this section 

10 would exceed the amount collected, the Commis11 sion may by rule eliminate such fee. 

12 ‘‘(B) REGULATORY FEES.—If, in the judg13 ment of the Commission, the cost of collecting 

14 a regulatory fee established under this section 

15 from a party would exceed the amount collected 

16 from such party, the Commission may exempt 

17 such party from paying such fee. 

18 ‘‘(j) ACCOUNTING SYSTEM.—The Commission shall 

19 develop accounting systems necessary to make the amend20 ments authorized by subsections (b)(3) and (c)(3).’’. 

21 (b) CONFORMING AMENDMENTS.—The Communica22 tions Act of 1934 (47 U.S.C. 151 et seq.) is amended— 

23 (1) by repealing section 8; and 

24 (2) in section 309(j)(6)(H), by striking 

25 ‘‘charges imposed pursuant to section 8 of this Act’’ 


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1 and inserting ‘‘application fees assessed under sec2 tion 9’’. 

3 (c) TRANSITIONAL RULES.— 

4 (1) APPLICATION FEES.—An application fee es5 tablished under section 8 of the Communications Act 

6 of 1934, as such section is in effect on the day be7 fore the effective date described in section 103 of 

8 this Act, shall remain in effect under subsection (b) 

9 of section 9 of the Communications Act of 1934, as 

10 amended by subsection (a) of this section, until such 

11 time as the Commission adjusts or amends such fee 

12 under subsection (b)(2) or (b)(3) of such section 9, 

13 as so amended. 

14 (2) REGULATORY FEES.—A regulatory fee es15 tablished under section 9 of the Communications Act 

16 of 1934, as such section is in effect on the day be17 fore the effective date described in section 103 of 

18 this Act, shall remain in effect under subsection (c) 

19 of section 9 of the Communications Act of 1934, as 

20 amended by subsection (a) of this section, until such 

21 time as the Commission adjusts or amends such fee 

22 under subsection (c)(2) or (c)(3) of such section 9, 

23 as so amended. 

24 (d) RULEMAKING TO AMEND SCHEDULE OF REGU25 LATORY FEES.— 


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1 (1) IN GENERAL.—Not later than 1 year after 

2 the effective date described in section 103, the Com3 mission shall complete a rulemaking proceeding 

4 under subsection (c)(3) of section 9 of the Commu5 nications Act of 1934, as amended by subsection (a) 

6 of this section. 

7 (2) REPORT TO CONGRESS.—If the Commission 

8 has not completed the rulemaking proceeding re9 quired by paragraph (1) by the date that is 6 

10 months after the effective date described in section 

11 103, the Commission shall submit to Congress a re12 port on the progress of such rulemaking proceeding. 

13 SEC. 103. EFFECTIVE DATE. 

14 This title and the amendments made by this title 

15 shall take effect on October 1, 2018. 

16 TITLE II—FCC PROCESS 

17 REFORM 

18 SEC. 201. FCC PROCESS REFORM. 

19 (a) IN GENERAL.—Title I of the Communications Act 

20 of 1934 (47 U.S.C. 151 et seq.) is amended by adding 

21 at the end the following: 

22 ‘‘SEC. 13. TRANSPARENCY AND EFFICIENCY. 

23 ‘‘(a) INITIAL RULEMAKING AND INQUIRY.— 

24 ‘‘(1) RULEMAKING.—Not later than 1 year 

25 after the date of the enactment of this section, the 


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1 Commission shall complete a rulemaking proceeding 

2 and adopt procedural changes to its rules to maxi3 mize opportunities for public participation and effi4 cient decisionmaking. 

5 ‘‘(2) REQUIREMENTS FOR RULEMAKING.—The 

6 rules adopted under paragraph (1) shall— 

7 ‘‘(A) set minimum comment periods for 

8 comment and reply comment, subject to a de9 termination by the Commission that good cause 

10 exists for departing from such minimum com11 ment periods, for— 

12 ‘‘(i) significant regulatory actions, as 

13 defined in Executive Order No. 12866; and 

14 ‘‘(ii) all other rulemaking proceedings; 

15 ‘‘(B) establish policies concerning the sub16 mission of extensive new comments, data, or re17 ports towards the end of the comment period; 

18 ‘‘(C) establish policies regarding treatment 

19 of comments, ex parte communications, and 

20 data or reports (including statistical reports 

21 and reports to Congress) submitted after the 

22 comment period to ensure that the public has 

23 adequate notice of and opportunity to respond 

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1 lies on such submissions in any order, decision, 

2 report, or action; 

3 ‘‘(D) establish procedures for, not later 

4 than 14 days after the end of each quarter of 

5 a calendar year (or more frequently, as the 

6 Commission considers appropriate), publishing 

7 on the Internet website of the Commission and 

8 submitting to Congress a report that contains— 

9 ‘‘(i) the status of open rulemaking 

10 proceedings and proposed orders, decisions, 

11 reports, or actions on circulation for review 

12 by the Commissioners, including which 

13 Commissioners have not cast a vote on an 

14 order, decision, report, or action that has 

15 been on circulation for more than 60 days; 

16 ‘‘(ii) for the petitions, applications, 

17 complaints, and other requests for action 

18 by the Commission that were pending at 

19 the Commission on the last day of such 

20 quarter (or more frequent period, as the 

21 case may be)— 

22 ‘‘(I) the number of such requests, 

23 broken down by the bureau primarily 

24 responsible for action and, for each 

25 bureau, the type of request (such as a 


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1 petition, application, or complaint); 

2 and 

3 ‘‘(II) information regarding the 

4 amount of time for which such re5 quests have been pending, broken 

6 down as described in subclause (I); 

7 and 

8 ‘‘(iii) a list of the congressional inves9 tigations of the Commission that were 

10 pending on the last day of such quarter (or 

11 more frequent period, as the case may be) 

12 and the cost of such investigations, individ13 ually and in the aggregate; 

14 ‘‘(E) establish deadlines (relative to the 

15 date of filing) for— 

16 ‘‘(i) in the case of a petition for a de17 claratory ruling under section 1.2 of title 

18 47, Code of Federal Regulations, issuing a 

19 public notice of such petition; 

20 ‘‘(ii) in the case of a petition for rule21 making under section 1.401 of such title, 

22 issuing a public notice of such petition; 

23 and 

24 ‘‘(iii) in the case of a petition for re25 consideration under section 1.106 or 1.429 


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1 of such title or an application for review 

2 under section 1.115 of such title, issuing a 

3 public notice of a decision on the petition 

4 or application by the Commission or under 

5 delegated authority (as the case may be); 

6 ‘‘(F) establish guidelines (relative to the 

7 date of filing) for the disposition of petitions 

8 filed under section 1.2 of such title; 

9 ‘‘(G) establish procedures for the inclusion 

10 of the specific language of the proposed rule or 

11 the proposed amendment of an existing rule in 

12 a notice of proposed rulemaking; and 

13 ‘‘(H) require notices of proposed rule14 making and orders adopting a rule or amending 

15 an existing rule that— 

16 ‘‘(i) create (or propose to create) a 

17 program activity to contain performance 

18 measures for evaluating the effectiveness of 

19 the program activity; and 

20 ‘‘(ii) substantially change (or propose 

21 to substantially change) a program activity 

22 to contain— 

23 ‘‘(I) performance measures for 

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1 gram activity as changed (or proposed 

2 to be changed); or 

3 ‘‘(II) a finding that existing per4 formance measures will effectively 

5 evaluate the program activity as 

6 changed (or proposed to be changed). 

7 ‘‘(3) INQUIRY.—Not later than 1 year after the 

8 date of the enactment of this section, the Commis9 sion shall complete an inquiry to seek public com10 ment on whether and how the Commission should— 

11 ‘‘(A) establish procedures for allowing a bi12 partisan majority of Commissioners to place an 

13 order, decision, report, or action on the agenda 

14 of an open meeting; 

15 ‘‘(B) establish procedures for informing all 

16 Commissioners of a reasonable number of op17 tions available to the Commission for resolving 

18 a petition, complaint, application, rulemaking, 

19 or other proceeding; 

20 ‘‘(C) establish procedures for ensuring that 

21 all Commissioners have adequate time, prior to 

22 being required to decide a petition, complaint, 

23 application, rulemaking, or other proceeding 

24 (including at a meeting held pursuant to section 

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1 sion document, including the specific language 

2 of any proposed rule or any proposed amend3 ment of an existing rule; 

4 ‘‘(D) establish procedures for publishing 

5 the text of agenda items to be voted on at an 

6 open meeting in advance of such meeting so 

7 that the public has the opportunity to read the 

8 text before a vote is taken; 

9 ‘‘(E) establish deadlines (relative to the 

10 date of filing) for disposition of applications for 

11 a license under section 1.913 of title 47, Code 

12 of Federal Regulations; 

13 ‘‘(F) assign resources needed in order to 

14 meet the deadlines described in subparagraph 

15 (E), including whether the Commission’s ability 

16 to meet such deadlines would be enhanced by 

17 assessing a fee from applicants for such a li18 cense; and 

19 ‘‘(G) except as otherwise provided in sec20 tion 4(o), publish each order, decision, report, 

21 or action not later than 30 days after the date 

22 of the adoption of such order, decision, report, 

23 or action. 

24 ‘‘(4) DATA FOR PERFORMANCE MEASURES.— 

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1 ure or proposed performance measure required by 

2 this subsection to rely, where possible, on data al3 ready collected by the Commission. 

4 ‘‘(5) GAO AUDIT.—Not less frequently than 

5 every 6 months, the Comptroller General of the 

6 United States shall audit the cost estimates provided 

7 by the Commission under paragraph (2)(D)(iii) dur8 ing the preceding 6-month period. 

9 ‘‘(b) PERIODIC REVIEW.—On the date that is 5 years 

10 after the completion of the rulemaking proceeding under 

11 subsection (a)(1), and every 5 years thereafter, the Com12 mission shall initiate a new rulemaking proceeding to con13 tinue to consider such procedural changes to its rules as 

14 may be in the public interest to maximize opportunities 

15 for public participation and efficient decisionmaking. 

16 ‘‘(c) NONPUBLIC COLLABORATIVE DISCUSSIONS.— 

17 ‘‘(1) IN GENERAL.—Notwithstanding section 

18 552b of title 5, United States Code, a bipartisan 

19 majority of Commissioners may hold a meeting that 

20 is closed to the public to discuss official business 

21 if— 

22 ‘‘(A) a vote or any other agency action is 

23 not taken at such meeting; 

24 ‘‘(B) each person present at such meeting 

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1 sion, a member of a joint board or conference 

2 established under section 410, or a person on 

3 the staff of such a joint board or conference or 

4 of a member of such a joint board or con5 ference; and 

6 ‘‘(C) an attorney from the Office of Gen7 eral Counsel of the Commission is present at 

8 such meeting. 

9 ‘‘(2) DISCLOSURE OF NONPUBLIC COLLABO10 RATIVE DISCUSSIONS.—Not later than 2 business 

11 days after the conclusion of a meeting held under 

12 paragraph (1), the Commission shall publish a dis13 closure of such meeting, including— 

14 ‘‘(A) a list of the persons who attended 

15 such meeting; and 

16 ‘‘(B) a summary of the matters discussed 

17 at such meeting, except for such matters as the 

18 Commission determines may be withheld under 

19 section 552b(c) of title 5, United States Code. 

20 ‘‘(3) PRESERVATION OF OPEN MEETINGS RE21 QUIREMENTS FOR AGENCY ACTION.—Nothing in this 

22 subsection shall limit the applicability of section 

23 552b of title 5, United States Code, with respect to 

24 a meeting of Commissioners other than that de25 scribed in paragraph (1). 


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1 ‘‘(d) ACCESS TO CERTAIN INFORMATION ON COMMIS2 SION’S WEBSITE.—The Commission shall provide direct 

3 access from the homepage of its website to— 

4 ‘‘(1) detailed information regarding— 

5 ‘‘(A) the budget of the Commission for the 

6 current fiscal year; 

7 ‘‘(B) the appropriations for the Commis8 sion for such fiscal year; and 

9 ‘‘(C) the total number of full-time equiva10 lent employees of the Commission; and 

11 ‘‘(2) the performance plan most recently made 

12 available by the Commission under section 1115(b) 

13 of title 31, United States Code. 

14 ‘‘(e) INTERNET PUBLICATION OF CERTAIN FCC 

15 POLICIES AND PROCEDURES.—The chairman of the Com16 mission shall— 

17 ‘‘(1) publish on the Internet website of the 

18 Commission any policies or procedures of the Com19 mission that— 

20 ‘‘(A) are established by the chairman; and 

21 ‘‘(B) relate to the functioning of the Com22 mission or the handling of the agenda of the 

23 Commission; and 


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1 ‘‘(2) update such publication not later than 48 

2 hours after the chairman makes changes to any such 

3 policies or procedures. 

4 ‘‘(f) FEDERAL REGISTER PUBLICATION.— 

5 ‘‘(1) IN GENERAL.—In the case of any docu6 ment adopted by the Commission that the Commis7 sion is required, under any provision of law, to pub8 lish in the Federal Register, the Commission shall, 

9 not later than the date described in paragraph (2), 

10 complete all Commission actions necessary for such 

11 document to be so published. 

12 ‘‘(2) DATE DESCRIBED.—The date described in 

13 this paragraph is the earlier of— 

14 ‘‘(A) the day that is 45 days after the date 

15 of the release of the document; or 

16 ‘‘(B) the day by which such actions must 

17 be completed to comply with any deadline under 

18 any other provision of law. 

19 ‘‘(3) NO EFFECT ON DEADLINES FOR PUBLICA20 TION IN OTHER FORM.—In the case of a deadline 

21 that does not specify that the form of publication is 

22 publication in the Federal Register, the Commission 

23 may comply with such deadline by publishing the 

24 document in another form. Such other form of publi25 cation does not relieve the Commission of any FedVerDate Sep 11 2014 00:22 Feb 13, 2018 Jkt 079200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.IH H4986

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1 eral Register publication requirement applicable to 

2 such document, including the requirement of para3 graph (1). 

4 ‘‘(g) CONSUMER COMPLAINT DATABASE.— 

5 ‘‘(1) IN GENERAL.—In evaluating and proc6 essing consumer complaints, the Commission shall 

7 present information about such complaints in a pub8 licly available, searchable database on its website 

9 that— 

10 ‘‘(A) facilitates easy use by consumers; and 

11 ‘‘(B) to the extent practicable, is sortable 

12 and accessible by— 

13 ‘‘(i) the date of the filing of the com14 plaint; 

15 ‘‘(ii) the topic of the complaint; 

16 ‘‘(iii) the party complained of; and 

17 ‘‘(iv) other elements that the Commis18 sion considers in the public interest. 

19 ‘‘(2) DUPLICATIVE COMPLAINTS.—In the case 

20 of multiple complaints arising from the same alleged 

21 misconduct, the Commission shall be required to in22 clude only information concerning one such com23 plaint in the database described in paragraph (1). 

24 ‘‘(h) FORM OF PUBLICATION.— 


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1 ‘‘(1) IN GENERAL.—In complying with a re2 quirement of this section to publish a document, the 

3 Commission shall publish such document on its 

4 website, in addition to publishing such document in 

5 any other form that the Commission is required to 

6 use or is permitted to and chooses to use. 

7 ‘‘(2) EXCEPTION.—The Commission shall by 

8 rule establish procedures for redacting documents 

9 required to be published by this section so that the 

10 published versions of such documents do not con11 tain— 

12 ‘‘(A) information the publication of which 

13 would be detrimental to national security, 

14 homeland security, law enforcement, or public 

15 safety; or 

16 ‘‘(B) information that is proprietary or 

17 confidential. 

18 ‘‘(i) TRANSPARENCY RELATING TO PERFORMANCE IN

19 MEETING FOIA REQUIREMENTS.—The Commission shall 

20 take additional steps to inform the public about its per21 formance and efficiency in meeting the disclosure and 

22 other requirements of section 552 of title 5, United States 

23 Code (commonly referred to as the Freedom of Informa24 tion Act), including by doing the following: 


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1 ‘‘(1) Publishing on the Commission’s website 

2 the Commission’s logs for tracking, responding to, 

3 and managing requests submitted under such sec4 tion, including the Commission’s fee estimates, fee 

5 categories, and fee request determinations. 

6 ‘‘(2) Releasing to the public all decisions made 

7 by the Commission (including decisions made by the 

8 Commission’s Bureaus and Offices) granting or de9 nying requests filed under such section, including 

10 any such decisions pertaining to the estimate and 

11 application of fees assessed under such section. 

12 ‘‘(3) Publishing on the Commission’s website 

13 electronic copies of documents released under such 

14 section. 

15 ‘‘(4) Presenting information about the Commis16 sion’s handling of requests under such section in the 

17 Commission’s annual budget estimates submitted to 

18 Congress and the Commission’s annual performance 

19 and financial reports. Such information shall include 

20 the number of requests under such section the Com21 mission received in the most recent fiscal year, the 

22 number of such requests granted and denied, a com23 parison of the Commission’s processing of such re24 quests over at least the previous 3 fiscal years, and 

25 a comparison of the Commission’s results with the 


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1 most recent average for the United States Govern2 ment as published on www.foia.gov. 

3 ‘‘(j) PROMPT RELEASE OF STATISTICAL REPORTS

4 AND REPORTS TO CONGRESS.—Not later than January 

5 15th of each year, the Commission shall identify, catalog, 

6 and publish an anticipated release schedule for all statis7 tical reports and reports to Congress that are regularly 

8 or intermittently released by the Commission and will be 

9 released during such year. 

10 ‘‘(k) ANNUAL SCORECARD REPORTS.— 

11 ‘‘(1) IN GENERAL.—For the 1-year period be12 ginning on January 1st of each year, the Commis13 sion shall prepare a report on the performance of 

14 the Commission in conducting its proceedings and 

15 meeting the deadlines established under subsection 

16 (a)(2)(E) and the guidelines established under sub17 section (a)(2)(F). 

18 ‘‘(2) CONTENTS.—Each report required by 

19 paragraph (1) shall contain detailed statistics on 

20 such performance, including, with respect to each 

21 Bureau of the Commission— 

22 ‘‘(A) with respect to each type of filing 

23 specified in subsection (a)(2)(E) or (a)(2)(F)— 


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1 ‘‘(i) the number of filings that were 

2 pending on the last day of the period cov3 ered by such report; 

4 ‘‘(ii) the number of filings described 

5 in clause (i) for which each applicable 

6 deadline or guideline established under 

7 such subsection was not met and the aver8 age length of time such filings have been 

9 pending; and 

10 ‘‘(iii) for filings that were resolved 

11 during such period, the average time be12 tween initiation and resolution and the 

13 percentage for which each applicable dead14 line or guideline established under such 

15 subsection was met; 

16 ‘‘(B) with respect to proceedings before an 

17 administrative law judge— 

18 ‘‘(i) the number of such proceedings 

19 completed during such period; and 

20 ‘‘(ii) the number of such proceedings 

21 pending on the last day of such period; and 

22 ‘‘(C) the number of independent studies or 

23 analyses published by the Commission during 

24 such period. 


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1 ‘‘(3) PUBLICATION AND SUBMISSION.—The 

2 Commission shall publish and submit to the Com3 mittee on Energy and Commerce of the House of 

4 Representatives and the Committee on Commerce, 

5 Science, and Transportation of the Senate each re6 port required by paragraph (1) not later than the 

7 date that is 30 days after the last day of the period 

8 covered by such report. 

9 ‘‘(l) DEFINITIONS.—In this section: 

10 ‘‘(1) AMENDMENT.—The term ‘amendment’ in11 cludes, when used with respect to an existing rule, 

12 the deletion of such rule. 

13 ‘‘(2) BIPARTISAN MAJORITY.—The term ‘bipar14 tisan majority’ means, when used with respect to a 

15 group of Commissioners, that such group— 

16 ‘‘(A) is a group of three or more Commis17 sioners; and 

18 ‘‘(B) includes, for each political party of 

19 which any Commissioner is a member, at least 

20 one Commissioner who is a member of such po21 litical party, and, if any Commissioner has no 

22 political party affiliation, at least one unaffili23 ated Commissioner. 

24 ‘‘(3) PERFORMANCE MEASURE.—The term ‘per25 formance measure’ means an objective and quantifiVerDate Sep 11 2014 00:22 Feb 13, 2018 Jkt 079200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.IH H4986

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1 able outcome measure or output measure (as such 

2 terms are defined in section 1115 of title 31, United 

3 States Code). 

4 ‘‘(4) PROGRAM ACTIVITY.—The term ‘program 

5 activity’ has the meaning given such term in section 

6 1115 of title 31, United States Code, except that 

7 such term also includes any annual collection or dis8 tribution or related series of collections or distribu9 tions by the Commission of an amount that is great10 er than or equal to $100,000,000. 

11 ‘‘(5) OTHER DEFINITIONS.—The terms ‘agency 

12 action’, ‘ex parte communication’, and ‘rule’ have 

13 the meanings given such terms in section 551 of title 

14 5, United States Code.’’. 

15 (b) EFFECTIVE DATES AND IMPLEMENTING

16 RULES.— 

17 (1) EFFECTIVE DATES.— 

18 (A) NONPUBLIC COLLABORATIVE DISCUS19 SIONS.—Subsection (c) of section 13 of the 

20 Communications Act of 1934, as added by sub21 section (a), shall apply beginning on the first 

22 date on which all of the procedural changes to 

23 the rules of the Commission required by sub24 section (a)(1) of such section have taken effect. 


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1 (B) REPORT RELEASE SCHEDULES.—Sub2 section (j) of such section 13 shall apply with 

3 respect to 2018 and any year thereafter. 

4 (C) ANNUAL SCORECARD REPORTS.—Sub5 section (k) of such section 13 shall apply with 

6 respect to 2017 and any year thereafter. 

7 (D) INTERNET PUBLICATION OF CERTAIN

8 FCC POLICIES AND PROCEDURES.—Subsection 

9 (e) of such section 13 shall apply beginning on 

10 the date that is 30 days after the date of the 

11 enactment of this Act. 

12 (2) RULES.—Except as otherwise provided in 

13 such section 13, the Commission shall promulgate 

14 any rules necessary to carry out such section not 

15 later than 1 year after the date of the enactment of 

16 this Act. 

17 SEC. 202. CATEGORIZATION OF TCPA INQUIRIES AND COM18 PLAINTS IN QUARTERLY REPORT. 

19 In compiling its quarterly report with respect to in20 formal consumer inquiries and complaints, the Commis21 sion may not categorize an inquiry or complaint with re22 spect to section 227 of the Communications Act of 1934 

23 (47 U.S.C. 227) as being a wireline inquiry or complaint 

24 or a wireless inquiry or complaint unless the party whose 


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1 conduct is the subject of the inquiry or complaint is a 

2 wireline carrier or a wireless carrier, respectively. 

3 SEC. 203. EFFECT ON OTHER LAWS. 

4 Nothing in this title or the amendments made by this 

5 title shall relieve the Commission from any obligations 

6 under title 5, United States Code, except where otherwise 

7 expressly provided. 

8 SEC. 204. APPLICATION OF ANTIDEFICIENCY ACT TO UNI9 VERSAL SERVICE PROGRAM. 

10 Section 302 of Public Law 108–494 (118 Stat. 3998) 

11 is amended by striking ‘‘December 31, 2018’’ each place 

12 it appears and inserting ‘‘December 31, 2021’’. 

13 SEC. 205. REPORT ON IMPROVING SMALL BUSINESS PAR14 TICIPATION IN FCC PROCEEDINGS. 

15 Not later than 1 year after the date of the enactment 

16 of this Act, the Commission, in consultation with the Ad17 ministrator of the Small Business Administration, shall 

18 submit to Congress a report on— 

19 (1) actions that the Commission will take to im20 prove the participation of small businesses in the 

21 proceedings of the Commission; and 

22 (2) recommendations for any legislation that 

23 the Commission considers appropriate to improve 

24 such participation. 


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1 SEC. 206. TIMELY AVAILABILITY OF ITEMS ADOPTED BY 

2 VOTE OF THE COMMISSION. 

3 (a) AMENDMENT.—Section 4 of the Communications 

4 Act of 1934 (47 U.S.C. 154) is amended by adding at 

5 the end the following: 

6 ‘‘(o) In the case of any item that is adopted by vote 

7 of the Commission, the Commission shall publish on the 

8 Internet website of the Commission the text of such item 

9 not later than 24 hours after the Secretary of the Commis10 sion has received dissenting statements from all Commis11 sioners wishing to submit such a statement with respect 

12 to such item.’’. 

13 (b) EFFECTIVE DATE.—The amendment made by 

14 this section shall apply with respect to an item that is 

15 adopted after the date that is 30 days after the date of 

16 the enactment of this Act. 

17 TITLE III—AMATEUR RADIO 

18 PARITY 

19 SEC. 301. FINDINGS. 

20 Congress finds the following: 

21 (1) More than 730,000 radio amateurs in the 

22 United States are licensed by the Commission in the 

23 amateur radio services. 

24 (2) Amateur radio, at no cost to taxpayers, pro25 vides a fertile ground for technical self-training in 

26 modern telecommunications, electronics technology, 


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1 and emergency communications techniques and pro2 tocols. 

3 (3) There is a strong Federal interest in the ef4 fective performance of amateur stations established 

5 at the residences of licensees. Such stations have 

6 been shown to be frequently and increasingly pre7 cluded by unreasonable private land use restrictions, 

8 including restrictive covenants. 

9 (4) Commission regulations have for three dec10 ades prohibited the application to stations in the 

11 amateur service of State and local regulations that 

12 preclude or fail to reasonably accommodate amateur 

13 service communications, or that do not constitute 

14 the minimum practicable regulation to accomplish a 

15 legitimate State or local purpose. Commission policy 

16 has been and is to require States and localities to 

17 permit erection of a station antenna structure at 

18 heights and dimensions sufficient to accommodate 

19 amateur service communications. 

20 (5) The Commission has sought guidance and 

21 direction from Congress with respect to the applica22 tion of the Commission’s limited preemption policy 

23 regarding amateur service communications to private 

24 land use restrictions, including restrictive covenants. 


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1 (6) There are aesthetic and common property 

2 considerations that are uniquely applicable to private 

3 land use regulations and the community associations 

4 obligated to enforce covenants, conditions, and re5 strictions in deed-restricted communities. These con6 siderations are dissimilar to those applicable to State 

7 law and local ordinances regulating the same resi8 dential amateur radio facilities. 

9 (7) In recognition of these considerations, a 

10 separate Federal policy than exists at section 

11 97.15(b) of title 47, Code of Federal Regulations, is 

12 warranted concerning amateur service communica13 tions in deed-restricted communities. 

14 (8) Community associations should fairly ad15 minister private land use regulations in the interest 

16 of their communities, while nevertheless permitting 

17 the installation and maintenance of effective outdoor 

18 amateur radio antennas. There exist antenna de19 signs and installations that can be consistent with 

20 the aesthetics and physical characteristics of land 

21 and structures in community associations while ac22 commodating communications in the amateur radio 

23 services. 


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1 SEC. 302. APPLICATION OF PRIVATE LAND USE RESTRIC2 TIONS TO AMATEUR STATIONS. 

3 (a) AMENDMENT OF FCC RULES.—Not later than 

4 120 days after the date of the enactment of this Act, the 

5 Commission shall amend section 97.15 of title 47, Code 

6 of Federal Regulations, by adding a new paragraph that 

7 prohibits the application to amateur stations of any pri8 vate land use restriction, including a restrictive covenant, 

9 that— 

10 (1) on its face or as applied, precludes commu11 nications in an amateur radio service; 

12 (2) fails to permit a licensee in an amateur 

13 radio service to install and maintain an effective out14 door antenna on property under the exclusive use or 

15 control of the licensee; or 

16 (3) does not constitute the minimum practicable 

17 restriction on such communications to accomplish 

18 the lawful purposes of a community association seek19 ing to enforce such restriction. 

20 (b) ADDITIONAL REQUIREMENTS.—In amending its 

21 rules as required by subsection (a), the Commission 

22 shall— 

23 (1) require any licensee in an amateur radio 

24 service to notify and obtain prior approval from a 

25 community association concerning installation of an 

26 outdoor antenna; 


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1 (2) permit a community association to prohibit 

2 installation of any antenna or antenna support 

3 structure by a licensee in an amateur radio service 

4 on common property not under the exclusive use or 

5 control of the licensee; and 

6 (3) subject to the standards specified in para7 graphs (1) and (2) of subsection (a), permit a com8 munity association to establish reasonable written 

9 rules concerning height, location, size, and aesthetic 

10 impact of, and installation requirements for, outdoor 

11 antennas and support structures for the purpose of 

12 conducting communications in the amateur radio 

13 services. 

14 SEC. 303. AFFIRMATION OF LIMITED PREEMPTION OF 

15 STATE AND LOCAL LAND USE REGULATION. 

16 The Commission may not change section 97.15(b) of 

17 title 47, Code of Federal Regulations, which shall remain 

18 applicable to State and local land use regulation of ama19 teur service communications. 

20 SEC. 304. DEFINITIONS. 

21 In this title: 

22 (1) COMMUNITY ASSOCIATION.—The term 

23 ‘‘community association’’ means any nonprofit man24 datory membership organization composed of owners 

25 of real estate described in a declaration of covenants 


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1 or created pursuant to a covenant or other applica2 ble law with respect to which a person, by virtue of 

3 the person’s ownership of or interest in a unit or 

4 parcel, is obligated to pay for a share of real estate 

5 taxes, insurance premiums, maintenance, improve6 ment, services, or other expenses related to common 

7 elements, other units, or any other real estate other 

8 than the unit or parcel described in the declaration. 

9 (2) TERMS DEFINED IN REGULATIONS.—The 

10 terms ‘‘amateur radio services’’, ‘‘amateur service’’, 

11 and ‘‘amateur station’’ have the meanings given 

12 such terms in section 97.3 of title 47, Code of Fed13 eral Regulations. 

14 TITLE IV—SECURING ACCESS TO 

15 NETWORKS IN DISASTERS 

16 SEC. 401. STUDY ON NETWORK RESILIENCY. 

17 Not later than 36 months after the date of enactment 

18 of this Act, the Commission shall submit to Congress, and 

19 make publicly available on the Commission’s website, a 

20 study on the public safety benefits and technical feasibility 

21 and cost of— 

22 (1) making telecommunications service pro23 vider-owned WiFi access points, and other commu24 nications technologies operating on unlicensed spec25 trum, available to the general public for access to 9– 


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1 1–1 services, without requiring any login credentials, 

2 during times of emergency when mobile service is 

3 unavailable; 

4 (2) the provision by non-telecommunications 

5 service provider-owned WiFi access points of public 

6 access to 9–1–1 services during times of emergency 

7 when mobile service is unavailable; and 

8 (3) other alternative means of providing the 

9 public with access to 9–1–1 services during times of 

10 emergency when mobile service is unavailable. 

11 SEC. 402. ACCESS TO ESSENTIAL SERVICE PROVIDERS DUR12 ING FEDERALLY DECLARED EMERGENCIES. 

13 Section 427(a)(1)(A) of the Robert T. Stafford Dis14 aster Relief and Emergency Assistance Act (42 U.S.C. 

15 5189e(a)(1)(A)) is amended by striking ‘‘telecommuni16 cations service’’ and inserting ‘‘wireline or mobile tele17 phone service, Internet access service, radio or television 

18 broadcasting, cable service, or direct broadcast satellite 

19 service’’. 

20 SEC. 403. DEFINITIONS. 

21 As used in this title— 

22 (1) the term ‘‘mobile service’’ means commer23 cial mobile service (as defined in section 332 of the 

24 Communications Act of 1934 (47 U.S.C. 332)) or 

25 commercial mobile data service (as defined in section 


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1 6001 of the Middle Class Tax Relief and Job Cre2 ation Act of 2012 (47 U.S.C. 1401)); 

3 (2) the term ‘‘WiFi access point’’ means wire4 less Internet access using the standard designated as 

5 802.11 or any variant thereof; and 

6 (3) the term ‘‘times of emergency’’ means ei7 ther an emergency as defined in section 102 of the 

8 Robert T. Stafford Disaster Relief and Emergency 

9 Assistance Act (42 U.S.C. 5122), or an emergency 

10 as declared by the governor of a State or territory 

11 of the United States. 

12 TITLE V—FCC CONSOLIDATED 

13 REPORTING 

14 SEC. 501. COMMUNICATIONS MARKETPLACE REPORT. 

15 Title I of the Communications Act of 1934, as 

16 amended by section 201(a), is further amended by adding 

17 at the end the following: 

18 ‘‘SEC. 14. COMMUNICATIONS MARKETPLACE REPORT. 

19 ‘‘(a) IN GENERAL.—In the last quarter of every even20 numbered year, the Commission shall publish on its 

21 website and submit to the Committee on Energy and Com22 merce of the House of Representatives and the Committee 

23 on Commerce, Science, and Transportation of the Senate 

24 a report on the state of the communications marketplace. 


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1 ‘‘(b) CONTENTS.—Each report required by sub2 section (a) shall— 

3 ‘‘(1) assess the state of competition in the com4 munications marketplace, including competition to 

5 deliver voice, video, audio, and data services among 

6 providers of telecommunications, providers of com7 mercial mobile service (as defined in section 332), 

8 multichannel video programming distributors (as de9 fined in section 602), broadcast stations, providers 

10 of satellite communications, Internet service pro11 viders, and other providers of communications serv12 ices; 

13 ‘‘(2) assess the state of deployment of commu14 nications capabilities, including advanced tele15 communications capability (as defined in section 706 

16 of the Telecommunications Act of 1996 (47 U.S.C. 

17 1302)), regardless of the technology used for such 

18 deployment, including whether advanced tele19 communications capability is being deployed to all 

20 Americans in a reasonable and timely fashion; 

21 ‘‘(3) assess whether laws, regulations, or regu22 latory practices (whether those of the Federal Gov23 ernment, States, political subdivisions of States, In24 dian tribes or tribal organizations (as such terms are 

25 defined in section 4 of the Indian Self-Determination 


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1 and Education Assistance Act (25 U.S.C. 5304)), or 

2 foreign governments) pose a barrier to competitive 

3 entry into the communications marketplace or to the 

4 competitive expansion of existing providers of com5 munications services; 

6 ‘‘(4) describe the agenda of the Commission for 

7 the next 2-year period for addressing the challenges 

8 and opportunities in the communications market9 place that were identified through the assessments 

10 under paragraphs (1) through (3); and 

11 ‘‘(5) describe the actions that the Commission 

12 has taken in pursuit of the agenda described pursu13 ant to paragraph (4) in the previous report sub14 mitted under this section. 

15 ‘‘(c) EXTENSION.—If the President designates a 

16 Commissioner as Chairman of the Commission during the 

17 last quarter of an even-numbered year, the portion of the 

18 report required by subsection (b)(4) may be published on 

19 the website of the Commission and submitted to the Com20 mittee on Energy and Commerce of the House of Rep21 resentatives and the Committee on Commerce, Science, 

22 and Transportation of the Senate as an addendum during 

23 the first quarter of the following odd-numbered year. 

24 ‘‘(d) SPECIAL REQUIREMENTS.— 


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1 ‘‘(1) ASSESSING COMPETITION.—In assessing 

2 the state of competition under subsection (b)(1), the 

3 Commission shall consider all forms of competition, 

4 including the effect of intermodal competition, facili5 ties-based competition, and competition from new 

6 and emergent communications services, including the 

7 provision of content and communications using the 

8 Internet. 

9 ‘‘(2) ASSESSING DEPLOYMENT.—In assessing 

10 the state of deployment under subsection (b)(2), the 

11 Commission shall compile a list of geographical 

12 areas that are not served by any provider of ad13 vanced telecommunications capability. 

14 ‘‘(3) INTERNATIONAL COMPARISONS AND DEMO15 GRAPHIC INFORMATION.—The Commission may use 

16 readily available data to draw appropriate compari17 sons between the United States communications 

18 marketplace and the international communications 

19 marketplace and to correlate its assessments with 

20 demographic information. 

21 ‘‘(4) CONSIDERING SMALL BUSINESSES.—In as22 sessing the state of competition under subsection 

23 (b)(1) and regulatory barriers under subsection 

24 (b)(3), the Commission shall consider market entry 

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1 nesses in the communications marketplace in accord2 ance with the national policy under section 257(b). 

3 ‘‘(5) CONSIDERING CABLE RATES.—In assess4 ing the state of competition under subsection (b)(1), 

5 the Commission shall include in each report required 

6 by subsection (a) the aggregate average total 

7 amount paid by cable systems in compensation 

8 under section 325 during the period covered by such 

9 report.’’. 

10 SEC. 502. CONSOLIDATION OF REDUNDANT REPORTS; CON11 FORMING AMENDMENTS. 

12 (a) ORBIT ACT REPORT.—Section 646 of the Com13 munications Satellite Act of 1962 (47 U.S.C. 765e; 114 

14 Stat. 57) is repealed. 

15 (b) SATELLITE COMPETITION REPORT.—Section 4 of 

16 Public Law 109–34 (47 U.S.C. 703) is repealed. 

17 (c) INTERNATIONAL BROADBAND DATA REPORT.— 

18 Section 103 of the Broadband Data Improvement Act (47 

19 U.S.C. 1303) is amended— 

20 (1) by striking subsection (b); and 

21 (2) by redesignating subsections (c) through (e) 

22 as subsections (b) through (d), respectively. 

23 (d) STATUS OF COMPETITION IN THE MARKET FOR

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1 tion 628 of the Communications Act of 1934 (47 U.S.C. 

2 548) is amended— 

3 (1) by striking subsection (g); 

4 (2) by redesignating subsection (j) as sub5 section (g); and 

6 (3) by transferring subsection (g) (as redesig7 nated) so that it appears after subsection (f). 

8 (e) REPORT ON CABLE INDUSTRY PRICES.— 

9 (1) IN GENERAL.—Section 623 of the Commu10 nications Act of 1934 (47 U.S.C. 543) is amended— 

11 (A) by striking subsection (k); and 

12 (B) by redesignating subsections (l) 

13 through (o) as subsections (k) through (n), re14 spectively. 

15 (2) CONFORMING AMENDMENT.—Section 

16 613(a)(3) of the Communications Act of 1934 (47 

17 U.S.C. 533(a)(3)) is amended by striking ‘‘623(l)’’ 

18 and inserting ‘‘623(k)’’. 

19 (f) TRIENNIAL REPORT IDENTIFYING AND ELIMI20 NATING MARKET ENTRY BARRIERS FOR ENTRE21 PRENEURS AND OTHER SMALL BUSINESSES.—Section 

22 257 of the Communications Act of 1934 (47 U.S.C. 257) 

23 is amended by striking subsection (c). 


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1 (g) SECTION 706 REPORT.—Section 706 of the Tele2 communications Act of 1996 (47 U.S.C. 1302) is amend3 ed— 

4 (1) by amending subsection (b) to read as fol5 lows: 

6 ‘‘(b) DETERMINATION.—If the Commission deter7 mines in its report under section 14 of the Communica8 tions Act of 1934, after considering the availability of ad9 vanced telecommunications capability to all Americans (in10 cluding, in particular, elementary and secondary schools 

11 and classrooms), that advanced telecommunications capa12 bility is not being deployed to all Americans in a reason13 able and timely fashion, the Commission shall take imme14 diate action to accelerate deployment of such capability 

15 by removing barriers to infrastructure investment and by 

16 promoting competition in the telecommunications mar17 ket.’’; 

18 (2) by striking subsection (c); 

19 (3) in subsection (d), by striking ‘‘this sub20 section’’ and inserting ‘‘this section’’; and 

21 (4) by redesignating subsection (d) as sub22 section (c). 

23 (h) STATE OF COMPETITIVE MARKET CONDITIONS

24 WITH RESPECT TO COMMERCIAL MOBILE RADIO SERV25 ICES.—Section 332(c)(1)(C) of the Communications Act 


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1 of 1934 (47 U.S.C. 332(c)(1)(C)) is amended by striking 

2 the first and second sentences. 

3 (i) PREVIOUSLY ELIMINATED ANNUAL REPORT.— 

4 (1) IN GENERAL.—Section 4 of the Commu5 nications Act of 1934 (47 U.S.C. 154) is amended— 

6 (A) by striking subsection (k); 

7 (B) by redesignating subsections (l) 

8 through (n) as subsections (k) through (m), re9 spectively; and 

10 (C) by redesignating the first subsection 

11 (o) (relating to use of radio and wire commu12 nications in connection with safety of life and 

13 property) as subsection (n). 

14 (2) CONFORMING AMENDMENT.—Section 

15 309(j)(8)(B) of the Communications Act of 1934 

16 (47 U.S.C. 309(j)(8)(B)) is amended by striking the 

17 last sentence. 

18 (j) ADDITIONAL OUTDATED REPORTS.—The Com19 munications Act of 1934 is further amended— 

20 (1) in section 4— 

21 (A) in subsection (b)(2)(B)(ii), by striking 

22 ‘‘and shall furnish notice of such action’’ and 

23 all that follows through ‘‘subject of the waiver’’; 

24 and 


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1 (B) in subsection (g), by striking para2 graph (2); 

3 (2) in section 215— 

4 (A) by striking subsection (b); and 

5 (B) by redesignating subsection (c) as sub6 section (b); 

7 (3) in section 227(e), by striking paragraph (4); 

8 (4) in section 309(j)— 

9 (A) by striking paragraph (12); and 

10 (B) in paragraph (15)(C), by striking 

11 clause (iv); 

12 (5) in section 331(b), by striking the last sen13 tence; 

14 (6) in section 336(e), by amending paragraph 

15 (4) to read as follows: 

16 ‘‘(4) REPORT.—The Commission shall annually 

17 advise the Congress on the amounts collected pursu18 ant to the program required by this subsection.’’; 

19 (7) in section 339(c), by striking paragraph (1); 

20 (8) in section 396— 

21 (A) by striking subsection (i); 

22 (B) in subsection (k)— 

23 (i) in paragraph (1), by striking sub24 paragraph (F); and 


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1 (ii) in paragraph (3)(B)(iii), by strik2 ing subclause (V); 

3 (C) in subsection (l)(1)(B), by striking 

4 ‘‘shall be included’’ and all that follows through 

5 ‘‘The audit report’’; and 

6 (D) by striking subsection (m); 

7 (9) in section 398(b)(4), by striking the third 

8 sentence; 

9 (10) in section 624A(b)(1)— 

10 (A) by striking ‘‘REPORT; REGULATIONS’’ 

11 and inserting ‘‘REGULATIONS’’; 

12 (B) by striking ‘‘Within 1 year after’’ and 

13 all that follows through ‘‘on means of assuring’’ 

14 and inserting ‘‘The Commission shall issue such 

15 regulations as are necessary to assure’’; and 

16 (C) by striking ‘‘Within 180 days after’’ 

17 and all that follows through ‘‘to assure such 

18 compatibility.’’; and 

19 (11) in section 713, by striking subsection (a). 

20 SEC. 503. EFFECT ON AUTHORITY. 

21 Nothing in this title or the amendments made by this 

22 title shall be construed to expand or contract the authority 

23 of the Commission. 


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1 SEC. 504. OTHER REPORTS. 

2 Nothing in this title or the amendments made by this 

3 title shall be construed to prohibit or otherwise prevent 

4 the Commission from producing any additional reports 

5 otherwise within the authority of the Commission. 

6 TITLE VI—ADDITIONAL 

7 PROVISIONS 

8 SEC. 601. INDEPENDENT INSPECTOR GENERAL FOR FCC. 

9 (a) AMENDMENTS.—The Inspector General Act of 

10 1978 (5 U.S.C. App.) is amended— 

11 (1) in section 8G(a)(2), by striking ‘‘the Fed12 eral Communications Commission,’’; and 

13 (2) in section 12— 

14 (A) in paragraph (1), by inserting ‘‘, the 

15 Federal Communications Commission,’’ after 

16 ‘‘the Chairman of the Nuclear Regulatory Com17 mission’’; and 

18 (B) in paragraph (2), by inserting ‘‘the 

19 Federal Communications Commission,’’ after 

20 ‘‘the Environmental Protection Agency,’’. 

21 (b) TRANSITION RULE.—An individual serving as In22 spector General of the Commission on the date of the en23 actment of this Act pursuant to an appointment made 

24 under section 8G of the Inspector General Act of 1978 

25 (5 U.S.C. App.)— 


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1 (1) may continue so serving until the President 

2 makes an appointment under section 3(a) of such 

3 Act with respect to the Commission consistent with 

4 the amendments made by subsection (a); and 

5 (2) shall, while serving under paragraph (1), re6 main subject to the provisions of section 8G of such 

7 Act which, immediately before the date of the enact8 ment of this Act, applied with respect to the Inspec9 tor General of the Commission and suffer no reduc10 tion in pay. 

11 SEC. 602. AUTHORITY OF CHIEF INFORMATION OFFICER. 

12 (a) IN GENERAL.—The Commission shall ensure that 

13 the Chief Information Officer of the Commission has a 

14 significant role in— 

15 (1) the decision-making process for annual and 

16 multi-year planning, programming, budgeting, and 

17 execution decisions, related reporting requirements, 

18 and reports related to information technology; 

19 (2) the management, governance, and oversight 

20 processes related to information technology; and 

21 (3) the hiring of personnel with information 

22 technology responsibilities. 

23 (b) CIO APPROVAL.—The Chief Information Officer 

24 of the Commission, in consultation with the Chief Finan25 cial Officer of the Commission and budget officials, shall 


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1 specify and approve the allocation of amounts appro2 priated to the Commission for information technology, 

3 consistent with the provisions of appropriations Acts, 

4 budget guidelines, and recommendations from the Direc5 tor of the Office of Management and Budget. 

6 SEC. 603. ENSURING THE INTEGRITY OF VOICE COMMU7 NICATIONS. 

8 Part II of title II of the Communications Act of 1934 

9 (47 U.S.C. 251 et seq.) is amended by adding at the end 

10 the following: 

11 ‘‘SEC. 262. ENSURING THE INTEGRITY OF VOICE COMMU12 NICATIONS. 

13 ‘‘(a) REGISTRATION AND COMPLIANCE BY INTER14 MEDIATE PROVIDERS.—An intermediate provider that of15 fers or holds itself out as offering the capability to trans16 mit covered voice communications from one destination to 

17 another and that charges any rate to any other entity (in18 cluding an affiliated entity) for the transmission shall— 

19 ‘‘(1) register with the Commission; and 

20 ‘‘(2) comply with the service quality standards 

21 for such transmission to be established by the Com22 mission under subsection (c)(1)(B). 

23 ‘‘(b) REQUIRED USE OF REGISTERED INTER24 MEDIATE PROVIDERS.—A covered provider may not use 

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1 munications unless such intermediate provider is reg2 istered under subsection (a)(1). 

3 ‘‘(c) COMMISSION RULES.— 

4 ‘‘(1) IN GENERAL.— 

5 ‘‘(A) REGISTRY.—Not later than 180 days 

6 after the date of enactment of this section, the 

7 Commission shall promulgate rules to establish 

8 a registry to record registrations under sub9 section (a)(1). 

10 ‘‘(B) SERVICE QUALITY STANDARDS.—Not 

11 later than 1 year after the date of enactment of 

12 this section, the Commission shall promulgate 

13 rules to establish service quality standards for 

14 the transmission of covered voice communica15 tions by intermediate providers. 

16 ‘‘(2) REQUIREMENTS.—In promulgating the 

17 rules required by paragraph (1), the Commission 

18 shall— 

19 ‘‘(A) ensure the integrity of the trans20 mission of covered voice communications to all 

21 customers in the United States; and 

22 ‘‘(B) prevent unjust or unreasonable dis23 crimination among areas of the United States 

24 in the delivery of covered voice communications. 


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1 ‘‘(d) PUBLIC AVAILABILITY OF REGISTRY.—The 

2 Commission shall make the registry established under sub3 section (c)(1)(A) publicly available on the website of the 

4 Commission. 

5 ‘‘(e) SCOPE OF APPLICATION.—The requirements of 

6 this section shall apply regardless of the format by which 

7 any communication or service is provided, the protocol or 

8 format by which the transmission of such communication 

9 or service is achieved, or the regulatory classification of 

10 such communication or service. 

11 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec12 tion shall be construed to affect the regulatory classifica13 tion of any communication or service. 

14 ‘‘(g) EFFECT ON OTHER LAWS.—Nothing in this sec15 tion shall be construed to preempt or expand the authority 

16 of a State public utility commission or other relevant State 

17 agency to collect data, or investigate and enforce State 

18 law and regulations, regarding the completion of intra19 state voice communications, regardless of the format by 

20 which any communication or service is provided, the pro21 tocol or format by which the transmission of such commu22 nication or service is achieved, or the regulatory classifica23 tion of such communication or service. 

24 ‘‘(h) EXCEPTION.—The requirement under sub25 section (a)(2) to comply with the service quality standards 


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1 established under subsection (c)(1)(B) shall not apply to 

2 a covered provider that— 

3 ‘‘(1) on or before the date that is 1 year after 

4 the date of enactment of this section, has certified 

5 as a Safe Harbor provider under section 64.2107(a) 

6 of title 47, Code of Federal Regulations, or any suc7 cessor regulation; and 

8 ‘‘(2) continues to meet the requirements under 

9 such section 64.2107(a). 

10 ‘‘(i) DEFINITIONS.—In this section: 

11 ‘‘(1) COVERED PROVIDER.—The term ‘covered 

12 provider’ has the meaning given the term in section 

13 64.2101 of title 47, Code of Federal Regulations, or 

14 any successor thereto. 

15 ‘‘(2) COVERED VOICE COMMUNICATION.—The 

16 term ‘covered voice communication’ means a voice 

17 communication (including any related signaling in18 formation) that is generated— 

19 ‘‘(A) from the placement of a call from a 

20 connection using a North American Numbering 

21 Plan resource or a call placed to a connection 

22 using such a numbering resource; and 

23 ‘‘(B) through any service provided by a 

24 covered provider. 


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1 ‘‘(3) INTERMEDIATE PROVIDER.—The term ‘in2 termediate provider’ means any entity that— 

3 ‘‘(A) enters into a business arrangement 

4 with a covered provider or other intermediate 

5 provider for the specific purpose of carrying, 

6 routing, or transmitting voice traffic that is 

7 generated from the placement of a call placed— 

8 ‘‘(i) from an end user connection 

9 using a North American Numbering Plan 

10 resource; or 

11 ‘‘(ii) to an end user connection using 

12 such a numbering resource; and 

13 ‘‘(B) does not itself, either directly or in 

14 conjunction with an affiliate, serve as a covered 

15 provider in the context of originating or termi16 nating a given call.’’. 

17 SEC. 604. SPOOFING PREVENTION. 

18 (a) EXPANDING AND CLARIFYING PROHIBITION ON

19 MISLEADING OR INACCURATE CALLER IDENTIFICATION

20 INFORMATION.— 

21 (1) COMMUNICATIONS FROM OUTSIDE THE

22 UNITED STATES.—Section 227(e)(1) of the Commu23 nications Act of 1934 (47 U.S.C. 227(e)(1)) is 

24 amended by striking ‘‘in connection with any tele25 communications service or IP-enabled voice service’’ 


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1 and inserting ‘‘or any person outside the United 

2 States if the recipient is within the United States, 

3 in connection with any voice service or text mes4 saging service’’. 

5 (2) COVERAGE OF TEXT MESSAGES AND VOICE

6 SERVICES.—Section 227(e)(8) of the Communica7 tions Act of 1934 (47 U.S.C. 227(e)(8)) is amend8 ed— 

9 (A) in subparagraph (A), by striking ‘‘tele10 communications service or IP-enabled voice 

11 service’’ and inserting ‘‘voice service or a text 

12 message sent using a text messaging service’’; 

13 (B) in the first sentence of subparagraph 

14 (B), by striking ‘‘telecommunications service or 

15 IP-enabled voice service’’ and inserting ‘‘voice 

16 service or a text message sent using a text mes17 saging service’’; and 

18 (C) by striking subparagraph (C) and in19 serting the following: 

20 ‘‘(C) TEXT MESSAGE.—The term ‘text 

21 message’— 

22 ‘‘(i) means a message consisting of 

23 text, images, sounds, or other information 

24 that is transmitted to or from a device that 

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1 ting device by means of a 10-digit tele2 phone number or N11 service code; 

3 ‘‘(ii) includes a short message service 

4 (commonly referred to as ‘SMS’) message 

5 and a multimedia message service (com6 monly referred to as ‘MMS’) message; and 

7 ‘‘(iii) does not include— 

8 ‘‘(I) a real-time, two-way voice or 

9 video communication; or 

10 ‘‘(II) a message sent over an IP11 enabled messaging service to another 

12 user of the same messaging service, 

13 except a message described in clause 

14 (ii). 

15 ‘‘(D) TEXT MESSAGING SERVICE.—The 

16 term ‘text messaging service’ means a service 

17 that enables the transmission or receipt of a 

18 text message, including a service provided as 

19 part of or in connection with a voice service. 

20 ‘‘(E) VOICE SERVICE.—The term ‘voice 

21 service’— 

22 ‘‘(i) means any service that is inter23 connected with the public switched tele24 phone network and that furnishes voice 

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1 sources from the North American Num2 bering Plan or any successor to the North 

3 American Numbering Plan adopted by the 

4 Commission under section 251(e)(1); and 

5 ‘‘(ii) includes transmissions from a 

6 telephone facsimile machine, computer, or 

7 other device to a telephone facsimile ma8 chine.’’. 

9 (3) TECHNICAL AMENDMENT.—Section 227(e) 

10 of the Communications Act of 1934 (47 U.S.C. 

11 227(e)) is amended in the heading by inserting 

12 ‘‘MISLEADING OR’’ before ‘‘INACCURATE’’. 

13 (4) REGULATIONS.— 

14 (A) IN GENERAL.—Section 227(e)(3)(A) of 

15 the Communications Act of 1934 (47 U.S.C. 

16 227(e)(3)(A)) is amended by striking ‘‘Not 

17 later than 6 months after the date of enactment 

18 of the Truth in Caller ID Act of 2009, the 

19 Commission’’ and inserting ‘‘The Commission’’. 

20 (B) DEADLINE.—The Commission shall 

21 prescribe regulations to implement the amend22 ments made by this subsection not later than 

23 18 months after the date of enactment of this 

24 Act. 


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1 (5) EFFECTIVE DATE.—The amendments made 

2 by this subsection shall take effect on the date that 

3 is 6 months after the date on which the Commission 

4 prescribes regulations under paragraph (4). 

5 (b) CONSUMER EDUCATION MATERIALS ON HOW TO

6 AVOID SCAMS THAT RELY UPON MISLEADING OR INAC7 CURATE CALLER IDENTIFICATION INFORMATION.— 

8 (1) DEVELOPMENT OF MATERIALS.—Not later 

9 than 1 year after the date of enactment of this Act, 

10 the Commission, in coordination with the Federal 

11 Trade Commission, shall develop consumer edu12 cation materials that provide information about— 

13 (A) ways for consumers to identify scams 

14 and other fraudulent activity that rely upon the 

15 use of misleading or inaccurate caller identifica16 tion information; and 

17 (B) existing technologies, if any, that a 

18 consumer can use to protect against such scams 

19 and other fraudulent activity. 

20 (2) CONTENTS.—In developing the consumer 

21 education materials under paragraph (1), the Com22 mission shall— 

23 (A) identify existing technologies, if any, 

24 that can help consumers guard themselves 

25 against scams and other fraudulent activity 


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1 that rely upon the use of misleading or inac2 curate caller identification information, includ3 ing— 

4 (i) descriptions of how a consumer 

5 can use the technologies to protect against 

6 such scams and other fraudulent activity; 

7 and 

8 (ii) details on how consumers can ac9 cess and use the technologies; and 

10 (B) provide other information that may 

11 help consumers identify and avoid scams and 

12 other fraudulent activity that rely upon the use 

13 of misleading or inaccurate caller identification 

14 information. 

15 (3) UPDATES.—The Commission shall ensure 

16 that the consumer education materials required 

17 under paragraph (1) are updated on a regular basis. 

18 (4) WEBSITE.—The Commission shall include 

19 the consumer education materials developed under 

20 paragraph (1) on its website. 

21 (c) GAO REPORT ON COMBATING THE FRAUDULENT

22 PROVISION OF MISLEADING OR INACCURATE CALLER

23 IDENTIFICATION INFORMATION.— 

24 (1) IN GENERAL.—The Comptroller General of 

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1 tions the Commission and the Federal Trade Com2 mission have taken to combat the fraudulent provi3 sion of misleading or inaccurate caller identification 

4 information, and the additional measures that could 

5 be taken to combat such activity. 

6 (2) REQUIRED CONSIDERATIONS.—In con7 ducting the study under paragraph (1), the Comp8 troller General shall examine— 

9 (A) trends in the types of scams that rely 

10 on misleading or inaccurate caller identification 

11 information; 

12 (B) previous and current enforcement ac13 tions by the Commission and the Federal Trade 

14 Commission to combat the practices prohibited 

15 by section 227(e)(1) of the Communications Act 

16 of 1934 (47 U.S.C. 227(e)(1)); 

17 (C) current efforts by industry groups and 

18 other entities to develop technical standards to 

19 deter or prevent the fraudulent provision of 

20 misleading or inaccurate caller identification in21 formation, and how such standards may help 

22 combat the current and future provision of mis23 leading or inaccurate caller identification infor24 mation; and 


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1 (D) whether there are additional actions 

2 the Commission, the Federal Trade Commis3 sion, and Congress should take to combat the 

4 fraudulent provision of misleading or inaccurate 

5 caller identification information. 

6 (3) REPORT.—Not later than 18 months after 

7 the date of enactment of this Act, the Comptroller 

8 General shall submit to the Committee on Energy 

9 and Commerce of the House of Representatives and 

10 the Committee on Commerce, Science, and Trans11 portation of the Senate a report on the findings of 

12 the study under paragraph (1), including any rec13 ommendations regarding combating the fraudulent 

14 provision of misleading or inaccurate caller identi15 fication information. 

16 (d) RULE OF CONSTRUCTION.—Nothing in this sec17 tion, or the amendments made by this section, shall be 

18 construed to modify, limit, or otherwise affect any rule or 

19 order adopted by the Commission in connection with— 

20 (1) the Telephone Consumer Protection Act of 

21 1991 (Public Law 102–243; 105 Stat. 2394) or the 

22 amendments made by that Act; or 

23 (2) the CAN–SPAM Act of 2003 (15 U.S.C. 

24 7701 et seq.). 


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1 SEC. 605. CONFIGURATION OF MULTI-LINE TELEPHONE 

2 SYSTEMS FOR DIRECT DIALING OF 9–1–1. 

3 (a) IN GENERAL.—Title VII of the Communications 

4 Act of 1934 (47 U.S.C. 601 et seq.) is amended by adding 

5 at the end the following: 

6 ‘‘SEC. 721. CONFIGURATION OF MULTI-LINE TELEPHONE 

7 SYSTEMS FOR DIRECT DIALING OF 9–1–1. 

8 ‘‘(a) SYSTEM MANUFACTURE, IMPORTATION, SALE, 

9 AND LEASE.—A person engaged in the business of manu10 facturing, importing, selling, or leasing multi-line tele11 phone systems may not manufacture or import for use in 

12 the United States, or sell or lease or offer to sell or lease 

13 in the United States, a multi-line telephone system, unless 

14 such system is pre-configured such that, when properly in15 stalled in accordance with subsection (b), a user may di16 rectly initiate a call to 9–1–1 from any station equipped 

17 with dialing facilities, without dialing any additional digit, 

18 code, prefix, or post-fix, including any trunk-access code 

19 such as the digit ‘9’, regardless of whether the user is re20 quired to dial such a digit, code, prefix, or post-fix for 

21 other calls. 

22 ‘‘(b) SYSTEM INSTALLATION, MANAGEMENT, AND

23 OPERATION.—A person engaged in the business of install24 ing, managing, or operating multi-line telephone systems 

25 may not install, manage, or operate for use in the United 

26 States such a system, unless such system is configured 


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1 such that a user may directly initiate a call to 9–1–1 from 

2 any station equipped with dialing facilities, without dialing 

3 any additional digit, code, prefix, or post-fix, including any 

4 trunk-access code such as the digit ‘9’, regardless of 

5 whether the user is required to dial such a digit, code, 

6 prefix, or post-fix for other calls. 

7 ‘‘(c) ON-SITE NOTIFICATION.—A person engaged in 

8 the business of installing, managing, or operating multi9 line telephone systems shall, in installing, managing, or 

10 operating such a system for use in the United States, con11 figure the system to provide a notification to a central lo12 cation at the facility where the system is installed or to 

13 another person or organization regardless of location, if 

14 the system is able to be configured to provide the notifica15 tion without an improvement to the hardware or software 

16 of the system. 

17 ‘‘(d) EFFECT ON STATE LAW.—Nothing in this sec18 tion is intended to alter the authority of State commis19 sions or other State or local agencies with jurisdiction over 

20 emergency communications, if the exercise of such author21 ity is not inconsistent with this Act. 

22 ‘‘(e) ENFORCEMENT.—This section shall be enforced 

23 under title V, except that section 501 applies only to the 

24 extent that such section provides for the punishment of 

25 a fine. 


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1 ‘‘(f) MULTI-LINE TELEPHONE SYSTEM DEFINED.— 

2 In this section, the term ‘multi-line telephone system’ has 

3 the meaning given such term in section 6502 of the Middle 

4 Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 

5 1471).’’. 

6 (b) EFFECTIVE DATE.— 

7 (1) IN GENERAL.—Except as provided in para8 graph (2), section 721 of the Communications Act 

9 of 1934, as added by subsection (a) of this section, 

10 shall apply beginning on the date that is 2 years 

11 after the date of the enactment of this Act. 

12 (2) EXCEPTION.—Subsection (b) or (c) of such 

13 section 721 shall not apply to a multi-line telephone 

14 system that was installed before the date that is 2 

15 years after the date of the enactment of this Act if 

16 such system is not able to be configured to meet the 

17 requirement of such subsection (b) or (c), respec18 tively, without an improvement to the hardware or 

19 software of the system. 

20 SEC. 606. REPORT ON PROMOTING BROADBAND INTERNET 

21 ACCESS SERVICE FOR VETERANS. 

22 (a) VETERAN DEFINED.—In this section, the term 

23 ‘‘veteran’’ has the meaning given the term in section 101 

24 of title 38, United States Code. 


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1 (b) REPORT REQUIRED.—Not later than 1 year after 

2 the date of the enactment of this Act, the Commission 

3 shall submit to Congress a report on promoting broadband 

4 Internet access service for veterans, in particular low-in5 come veterans and veterans residing in rural areas. In 

6 such report, the Commission shall— 

7 (1) examine such access and how to promote 

8 such access; and 

9 (2) provide findings and recommendations for 

10 Congress with respect to such access and how to 

11 promote such access. 

12 (c) PUBLIC NOTICE AND OPPORTUNITY TO COM13 MENT.—In preparing the report required by subsection 

14 (b), the Commission shall provide the public with notice 

15 and an opportunity to comment on broadband Internet ac16 cess service for veterans, in particular low-income veterans 

17 and veterans residing in rural areas, and how to promote 

18 such access. 

19 SEC. 607. METHODOLOGY FOR COLLECTION OF MOBILE 

20 SERVICE COVERAGE DATA. 

21 (a) DEFINITIONS.—In this section— 

22 (1) the term ‘‘commercial mobile data service’’ 

23 has the meaning given the term in section 6001 of 

24 the Middle Class Tax Relief and Job Creation Act 

25 of 2012 (47 U.S.C. 1401); 


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1 (2) the term ‘‘commercial mobile service’’ has 

2 the meaning given the term in section 332(d) of the 

3 Communications Act of 1934 (47 U.S.C. 332(d)); 

4 (3) the term ‘‘coverage data’’ means, if com5 mercial mobile service or commercial mobile data 

6 service is available, general information about the 

7 service, which may include available speed tiers and 

8 performance characteristics; and 

9 (4) the term ‘‘Universal Service program’’ 

10 means the universal service support mechanisms es11 tablished under section 254 of the Communications 

12 Act of 1934 (47 U.S.C. 254) and the regulations 

13 issued under that section. 

14 (b) METHODOLOGY ESTABLISHED.—Not later than 

15 180 days after the conclusion of Auction 903, the Commis16 sion shall promulgate regulations to establish a method17 ology that shall apply to the collection of coverage data 

18 by the Commission for the purposes of— 

19 (1) the Universal Service program; or 

20 (2) any other similar program. 

21 (c) REQUIREMENTS.—The methodology established 

22 under subsection (b) shall— 

23 (1) contain standard definitions for different 

24 available technologies such as 2G, 3G, 4G, and 4G 

25 LTE; 


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1 (2) enhance the consistency and robustness of 

2 how the data are collected by different parties; 

3 (3) improve the validity and reliability of cov4 erage data; and 

5 (4) increase the efficiency of coverage data col6 lection. 

7 SEC. 608. ACCURACY OF 9–1–1 CALL LOCATION INFORMA8 TION. 

9 (a) PROCEEDING REQUIRED.—Not later than 18 

10 months after the date of the enactment of this Act, the 

11 Commission shall conclude a proceeding to consider adopt12 ing rules to ensure that call location information is con13 veyed with a 9–1–1 call, regardless of the technological 

14 platform used and including with calls from multi-line 

15 telephone systems (as defined in section 6502 of the Mid16 dle Class Tax Relief and Job Creation Act of 2012 (47 

17 U.S.C. 1471)). 

18 (b) RELATIONSHIP TO OTHER PROCEEDINGS.—In 

19 conducting the proceeding required by subsection (a), the 

20 Commission may consider information and conclusions 

21 from other Commission proceedings regarding the accu22 racy of call location information, but nothing in this sec23 tion shall be construed to require the Commission to re24 consider any information or conclusion from a proceeding 

25 regarding the accuracy of call location information in 


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1 which the Commission has adopted rules or issued an 

2 order before the date of the enactment of this Act. 

3 (c) OTHER AUTHORITY.—In addition to the authority 

4 to adopt any rules the Commission finds to be necessary 

5 in the proceeding required by subsection (a), the Commis6 sion shall have the authority to adopt any other rules, 

7 technical standards, protocols, and procedures as are nec8 essary to ensure that call location information is conveyed 

9 as described in such subsection. 

10 (d) DEFINITIONS.—In this section: 

11 (1) 9–1–1 CALL.—The term ‘‘9–1–1 call’’ 

12 means a voice call that is placed, or a message that 

13 is sent by other means of communication, to a public 

14 safety answering point (as defined in section 222 of 

15 the Communications Act of 1934 (47 U.S.C. 222)) 

16 for the purpose of requesting emergency services. 

17 (2) CALL LOCATION INFORMATION.—The term 

18 ‘‘call location information’’ means accurate and 

19 timely information regarding the location of the call20 er, as determined to be technically feasible and 

21 achievable by the Commission. 

22 SEC. 609. INTERAGENCY COMMUNICATIONS SECURITY 

23 COMMITTEE. 

24 (a) ESTABLISHMENT.—Not later than 6 months after 

25 the date of the enactment of this Act, the Assistant SecVerDate Sep 11 2014 00:22 Feb 13, 2018 Jkt 079200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.IH H4986

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1 retary of Commerce for Communications and Information 

2 shall establish an advisory committee to be known as the 

3 Interagency Communications Security Committee (in this 

4 section referred to as the ‘‘Committee’’). 

5 (b) DUTIES.—The Committee shall— 

6 (1) review each communications security report 

7 submitted to the Committee under subsection (d) or 

8 (f); 

9 (2) recommend investigation to relevant agen10 cies into any such communications security report; 

11 and 

12 (3) issue regular reports containing the results 

13 of any such investigation, the Committee’s findings 

14 following each communications security incident, and 

15 policy recommendations that may arise from each 

16 communications security incident to the following: 

17 (A) The agencies represented on the Com18 mittee. 

19 (B) The Committee on Energy and Com20 merce of the House of Representatives. 

21 (C) The Committee on Commerce, Science, 

22 and Transportation of the Senate. 

23 (D) The Permanent Select Committee on 

24 Intelligence of the House of Representatives. 


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1 (E) The Select Committee on Intelligence 

2 of the Senate. 

3 (F) The Armed Services Committee of the 

4 House of Representatives. 

5 (G) The Armed Services Committee of the 

6 Senate. 

7 (H) The Committee on Homeland Security 

8 of the House of Representatives. 

9 (I) The Committee on Homeland Security 

10 and Governmental Affairs of the Senate. 

11 (J) The Foreign Affairs Committee of the 

12 House of Representatives. 

13 (K) The Foreign Relations Committee of 

14 the Senate. 

15 (c) MEMBERSHIP.—The Committee shall be com16 posed of 8 members, who shall each possess the appro17 priate access to classified information commensurate with 

18 the sensitivity of the classified information such members 

19 shall access in the course of service on the Committee. The 

20 members of the Committee shall include only— 

21 (1) one appointee from the National Tele22 communications and Information Administration, to 

23 be appointed by the Assistant Secretary of Com24 merce for Communications and Information, who 

25 shall serve as Chair of the Committee; 


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1 (2) one appointee from the Department of De2 fense, to be appointed by the Secretary of Defense; 

3 (3) one appointee from the Department of 

4 Homeland Security, to be appointed by the Sec5 retary of Homeland Security; 

6 (4) one appointee from the Department of Jus7 tice, to be appointed by the Attorney General of the 

8 United States; 

9 (5) one appointee from the intelligence commu10 nity, to be appointed by the Director of National In11 telligence; 

12 (6) one appointee from the National Institute of 

13 Standards and Technology, to be appointed by the 

14 Director of the National Institute of Standards and 

15 Technology; 

16 (7) one appointee from the Federal Commu17 nications Commission, who shall not be a member of 

18 the Commission, to be appointed by the Chair of the 

19 Commission; and 

20 (8) one appointee from the Office of Manage21 ment and Budget, to be appointed by the Director 

22 of the Office of Management and Budget. 

23 (d) PUBLIC COMMUNICATIONS SECURITY RE24 PORTS.—The Committee shall consider communications 

25 security reports from communications network providers. 


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1 (e) APPLICATION OF CRITICAL INFRASTRUCTURE IN2 FORMATION PROTECTIONS.—For purposes of subtitle B 

3 of title II of the Homeland Security Act of 2002 (6 U.S.C. 

4 131 et seq.)— 

5 (1) communications networks shall be treated 

6 as critical infrastructure and protected systems de7 fined in sections 2(4) and 212(6), respectively, of 

8 the Homeland Security Act of 2002 (6 U.S.C. 

9 101(4); 6 U.S.C. 131(6)); and 

10 (2) with respect to critical infrastructure infor11 mation relating to communications networks, the 

12 National Telecommunications and Information Ad13 ministration (in addition to the Department of 

14 Homeland Security) shall be treated as a covered 

15 Federal agency defined in section 212(2) of such 

16 Act. 

17 (f) AGENCY COMMUNICATIONS SECURITY RE18 PORTS.—Not less frequently than every 3 months, the 

19 head of each agency shall submit to the Committee a re20 port of each communications security incident for the pre21 vious 3 months. 

22 (g) CONTINUATION OF COMMITTEE.—Section 14 of 

23 the Federal Advisory Committee Act (5 U.S.C. App.) does 

24 not apply to the Committee. 

25 (h) DEFINITIONS.—In this section: 


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1 (1) AGENCY.—The term ‘‘agency’’ has the 

2 meaning given that term in section 3502 of title 44, 

3 United States Code. 

4 (2) COMMUNICATIONS NETWORK.—The term 

5 ‘‘communications network’’ means a network for the 

6 provision of wireline or mobile telephone service, 

7 Internet access service, radio or television broad8 casting, cable service, direct broadcast satellite serv9 ice, or any other communications service. 

10 (3) COMMUNICATIONS SECURITY INCIDENT.— 

11 The term ‘‘communications security incident’’ means 

12 any compromise, whether electronic or otherwise, of 

13 any telecommunications system that the agency has 

14 reason to believe— 

15 (A) resulted in Government-held or private 

16 information, including passwords and other 

17 similar means of access, being viewed or ex18 tracted; or 

19 (B) resulted in the presence of outside pro20 gramming on an agency computer or other elec21 tronic device. 

22 (4) COMMUNICATIONS SECURITY REPORT.—The 

23 term ‘‘communications security report’’ means a de24 scription of a communications security incident or 


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1 multiple communications security incidents referred 

2 to the Committee. 

Æ 


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