I 

113TH CONGRESS 

1ST SESSION H. R. 2649 

To amend the Communications Act of 1934 to reform the Federal Communications Commission by requiring an analysis of benefits and costs 

during the rule making process and creating certain presumptions regarding regulatory forbearance and biennial regulatory review determinations. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 10, 2013 

Mr. LATTA introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

A BILL 

To amend the Communications Act of 1934 to reform the 

Federal Communications Commission by requiring an 

analysis of benefits and costs during the rule making 

process and creating certain presumptions regarding regulatory forbearance and biennial regulatory review determinations. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘FCC ‘ABCs’ Act of 

5 2013’’. 


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1 SEC. 2. ANALYSIS OF BENEFITS AND COSTS IN FCC RULE 

2 MAKING PROCESS. 

3 (a) IN GENERAL.—Section 4 of the Communications 

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

5 the end the following new subsection: 

6 ‘‘(p)(1) In the case of a proposed or final rule (includ7 ing a proposed or final amendment to an existing rule) 

8 that may have an economically significant impact, the 

9 Commission shall include in the notice of proposed rule 

10 making or final rule, respectively, an analysis of the bene11 fits and costs of the proposed or final rule that dem12 onstrates that the benefits outweigh the costs, recognizing 

13 that some benefits and costs are difficult to quantify. 

14 ‘‘(2) For purposes of this subsection, the term ‘eco15 nomically significant impact’ means an effect on the econ16 omy of $100,000,000 or more annually or a material ad17 verse effect on the economy, a sector of the economy, pro18 ductivity, competition, jobs, the environment, public health 

19 or safety, or State, local, or tribal governments or commu20 nities.’’. 

21 (b) NO ADDITIONAL APPROPRIATIONS AUTHOR22 IZED.—The amendment made by subsection (a) does not 

23 authorize any appropriations for the express purpose, in 

24 whole or in part, of carrying out such amendment. 


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1 SEC. 3. PRESUMPTION REGARDING REGULATORY FOR2 BEARANCE DETERMINATION. 

3 Section 10 of the Communications Act of 1934 (47 

4 U.S.C. 160) is amended by adding at the end the following 

5 new subsection: 

6 ‘‘(f) PRESUMPTION.—In making a determination 

7 under subsection (a), the Commission shall presume, ab8 sent clear and convincing evidence to the contrary, that 

9 the requirements for forbearance under such subsection 

10 are met.’’. 

11 SEC. 4. PRESUMPTION REGARDING BIENNIAL REGU12 LATORY REVIEW DETERMINATION. 

13 Section 11 of the Communications Act of 1934 (47 

14 U.S.C. 161) is amended by adding at the end the following 

15 new subsection: 

16 ‘‘(c) PRESUMPTION.—In making a determination 

17 under subsection (a)(2), the Commission shall presume, 

18 absent clear and convincing evidence to the contrary, that 

19 the regulation is no longer necessary in the public interest 

20 as the result of meaningful economic competition between 

21 providers of telecommunications service.’’. 

Æ 


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