II 

Calendar No. 77 

115TH CONGRESS 

1ST SESSION S. 174 

[Report No. 115–61] 

To amend the Communications Act of 1934 to consolidate the reporting 

obligations of the Federal Communications Commission in order to improve congressional oversight and reduce reporting burdens. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 17, 2017 

Mr. HELLER (for himself and Mr. SCHATZ) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

MAY 11, 2017 

Reported by Mr. THUNE, without amendment 

A BILL 

To amend the Communications Act of 1934 to consolidate 

the reporting obligations of the Federal Communications 

Commission in order to improve congressional oversight 

and reduce reporting burdens. 

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. 

2 This Act may be cited as the ‘‘Federal Communica3 tions Commission Consolidated Reporting Act of 2017’’. 

4 SEC. 2. COMMUNICATIONS MARKETPLACE REPORT. 

5 Title I of the Communications Act of 1934 (47 

6 U.S.C. 151 et seq.) is amended by adding at the end the 

7 following: 

8 ‘‘SEC. 13. COMMUNICATIONS MARKETPLACE REPORT. 

9 ‘‘(a) IN GENERAL.—In the last quarter of every even10 numbered year, the Commission shall publish on its 

11 website and submit to the Committee on Energy and Com12 merce of the House of Representatives and the Committee 

13 on Commerce, Science, and Transportation of the Senate 

14 a report on the state of the communications marketplace. 

15 ‘‘(b) CONTENTS.—Each report required under sub16 section (a) shall— 

17 ‘‘(1) assess the state of competition in the com18 munications marketplace, including competition to 

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

20 providers of telecommunications, providers of com21 mercial mobile service (as defined in section 332), 

22 multichannel video programming distributors (as de23 fined in section 602), broadcast stations, providers 

24 of satellite communications, Internet service pro25 viders, and other providers of communications serv26 ices; 


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1 ‘‘(2) assess the state of deployment of commu2 nications capabilities, including advanced tele3 communications capability (as defined in section 706 

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

5 1302)), regardless of the technology used for such 

6 deployment; 

7 ‘‘(3) assess whether laws, regulations, regu8 latory practices, or demonstrated marketplace prac9 tices pose a barrier to competitive entry into the 

10 communications marketplace or to the competitive 

11 expansion of existing providers of communications 

12 services; and 

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

14 the next 2-year period for addressing the challenges 

15 and opportunities in the communications market16 place that were identified through the assessments 

17 under paragraphs (1) through (3). 

18 ‘‘(c) EXTENSION.—If the Senate confirms the Chair19 man of the Commission during the third or fourth quarter 

20 of an even-numbered year, the report required under sub21 section (a) may be published on the website of the Com22 mission and submitted to the Committee on Energy and 

23 Commerce of the House of Representatives and the Com24 mittee on Commerce, Science, and Transportation of the 

25 Senate by March 1 of the following odd-numbered year. 


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1 ‘‘(d) SPECIAL REQUIREMENTS.— 

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

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

4 Commission shall consider all forms of competition, 

5 including the effect of intermodal competition, facili6 ties-based competition, and competition from new 

7 and emergent communications services, including the 

8 provision of content and communications using the 

9 Internet. 

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

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

12 Commission shall include a list of geographical areas 

13 that are not served by any provider of advanced tele14 communications capability. 

15 ‘‘(3) CONSIDERING SMALL BUSINESSES.—In as16 sessing the state of competition under subsection 

17 (b)(1) and barriers under subsection (b)(3), the 

18 Commission shall consider market entry barriers for 

19 entrepreneurs and other small businesses in the 

20 communications marketplace in accordance with the 

21 national policy under section 257(b). 

22 ‘‘(e) NOTIFICATION OF DELAY IN REPORT.—If the 

23 Commission fails to publish a report by the applicable 

24 deadline under subsection (a) or (c), the Commission shall, 


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1 not later than 7 days after the deadline and every 60 days 

2 thereafter until the publication of the report— 

3 ‘‘(1) provide notification of the delay by letter 

4 to the chairperson and ranking member of— 

5 ‘‘(A) the Committee on Energy and Com6 merce of the House of Representatives; and 

7 ‘‘(B) the Committee on Commerce, 

8 Science, and Transportation of the Senate; 

9 ‘‘(2) indicate in the letter the date on which the 

10 Commission anticipates the report will be published; 

11 and 

12 ‘‘(3) publish the letter on the website of the 

13 Commission.’’. 

14 SEC. 3. CONSOLIDATION OF REDUNDANT REPORTS; CON15 FORMING AMENDMENTS. 

16 (a) ORBIT ACT REPORT.—Section 646 of the Com17 munications Satellite Act of 1962 (47 U.S.C. 765e) is re18 pealed. 

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

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

21 (c) INTERNATIONAL BROADBAND DATA REPORT.— 

22 Section 103(b)(1) of the Broadband Data Improvement 

23 Act (47 U.S.C. 1303(b)(1)) is amended by striking ‘‘the 

24 assessment and report’’ and all that follows through ‘‘the 

25 Federal Communications Commission’’ and inserting ‘‘its 


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1 report under section 13 of the Communications Act of 

2 1934, the Federal Communications Commission’’. 

3 (d) STATUS OF COMPETITION IN THE MARKET FOR

4 THE DELIVERY OF VIDEO PROGRAMMING REPORT.—Sec5 tion 628 of the Communications Act of 1934 (47 U.S.C. 

6 548) is amended— 

7 (1) by striking subsection (g); 

8 (2) by redesignating subsection (j) as sub9 section (g); and 

10 (3) by transferring subsection (g) (as redesig11 nated) so that it appears after subsection (f). 

12 (e) REPORT ON CABLE INDUSTRY PRICES.—Section 

13 623(k) of the Communications Act of 1934 (47 U.S.C. 

14 543(k)) is amended— 

15 (1) in paragraph (1), by striking ‘‘annually 

16 publish’’ and inserting ‘‘publish with its report 

17 under section 13 of the Communications Act of 

18 1934’’; and 

19 (2) in paragraph (2), in the heading, by strik20 ing ‘‘ANNUAL’’. 

21 (f) TRIENNIAL REPORT IDENTIFYING AND ELIMI22 NATING MARKET ENTRY BARRIERS FOR ENTRE23 PRENEURS AND OTHER SMALL BUSINESSES.—Section 

24 257 of the Communications Act of 1934 (47 U.S.C. 257) 

25 is amended by striking subsection (c). 


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1 (g) STATE OF COMPETITIVE MARKET CONDITIONS

2 WITH RESPECT TO COMMERCIAL MOBILE RADIO SERV3 ICES.—Section 332(c)(1)(C) of the Communications Act 

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

5 the first and second sentences. 

6 (h) PREVIOUSLY ELIMINATED ANNUAL REPORT.— 

7 (1) IN GENERAL.—Section 4 of the Commu8 nications Act of 1934 (47 U.S.C. 154) is amended— 

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

10 (B) by redesignating subsections (l) 

11 through (o) as subsections (k) through (n), re12 spectively. 

13 (2) CONFORMING AMENDMENTS.—The Commu14 nications Act of 1934 (47 U.S.C. 151 et seq.) is 

15 amended— 

16 (A) in section 9(i), by striking ‘‘In the 

17 Commission’s annual report, the Commission 

18 shall prepare an analysis of its progress in de19 veloping such systems and’’ and inserting ‘‘The 

20 Commission’’; and 

21 (B) in section 309(j)(8)(B), by striking the 

22 last sentence. 

23 (i) ADDITIONAL OUTDATED REPORTS.— 

24 (1) IN GENERAL.—The Communications Act of 

25 1934 (47 U.S.C. 151 et seq.) is amended— 


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1 (A) in section 4— 

2 (i) in subsection (b)(2)(B)(ii), by 

3 striking ‘‘and shall furnish notice of such 

4 action’’ and all that follows through ‘‘sub5 ject of the waiver’’; and 

6 (ii) in subsection (g)— 

7 (I) by striking paragraph (2); 

8 and 

9 (II) by redesignating paragraph 

10 (3) as paragraph (2); 

11 (B) in section 215— 

12 (i) by striking subsection (b); and 

13 (ii) by redesignating subsection (c) as 

14 subsection (b); 

15 (C) in section 227(e)— 

16 (i) by striking paragraph (4); and 

17 (ii) by redesignating paragraphs (5) 

18 through (9) as paragraphs (4) through (8), 

19 respectively; 

20 (D) in section 303(u)(1)(B), by striking 

21 ‘‘section 713(f)’’ and inserting ‘‘section 

22 713(e)’’; 

23 (E) in section 309(j)— 

24 (i) by striking paragraph (12); 


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1 (ii) by redesignating paragraphs (13) 

2 through (17) as paragraphs (12) through 

3 (16), respectively; and 

4 (iii) in paragraph (14)(C), as redesig5 nated— 

6 (I) by striking clause (iv); 

7 (II) by redesignating clauses (v) 

8 and (vi) as clauses (iv) and (v), re9 spectively; and 

10 (III) in clause (v), as redesig11 nated, in the matter preceding sub12 clause (I)— 

13 (aa) by striking ‘‘clause (v)’’ 

14 and inserting ‘‘clause (iv)’’; and 

15 (bb) by striking ‘‘paragraph 

16 (14)’’ and inserting ‘‘paragraph 

17 (13)’’; 

18 (F) in section 331(b), by striking the last 

19 sentence; 

20 (G) in section 336(e), by striking para21 graph (4) and inserting the following: 

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

23 advise the Congress on the amounts collected pursu24 ant to the program required by this subsection.’’; 


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1 (H) in section 338(k)(6)(B), by striking 

2 ‘‘section 396(k)(6)(B)’’ and inserting ‘‘section 

3 396(j)(6)(B)’’; 

4 (I) in section 339(c)— 

5 (i) by striking paragraph (1); 

6 (ii) by redesignating paragraphs (2) 

7 through (5) as paragraphs (1) through (4), 

8 respectively; 

9 (iii) in paragraph (3)(A), as redesig10 nated, by striking ‘‘paragraph (2)’’ and in11 serting ‘‘paragraph (1)’’; and 

12 (iv) in paragraph (4), as redesignated, 

13 by striking ‘‘paragraphs (2) and (4)’’ and 

14 inserting ‘‘paragraphs (1) and (3)’’; 

15 (J) in section 396— 

16 (i) by striking subsections (i) and (m); 

17 (ii) by redesignating subsections (j) 

18 through (l) as subsections (i) through (k), 

19 respectively; 

20 (iii) in subsection (j), as redesig21 nated— 

22 (I) in paragraph (1), by striking 

23 subparagraph (F); 

24 (II) in paragraph (3)(B)(iii)— 


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1 (aa) by striking subclause 

2 (V); 

3 (bb) by redesignating sub4 clause (VI) as subclause (V); and 

5 (cc) in subclause (V), as re6 designated, by striking ‘‘sub7 section (l)(4)(B)’’ and inserting 

8 ‘‘subsection (k)(4)(B)’’; and 

9 (III) in paragraph (5), by strik10 ing ‘‘subsection (1)(3)(B)’’ and insert11 ing ‘‘subsection (k)(3)(B)’’; and 

12 (iv) in subsection (k), as redesig13 nated— 

14 (I) in paragraph (1)(B), by strik15 ing ‘‘shall be included’’ and all that 

16 follows through ‘‘The audit report’’; 

17 and 

18 (II) in paragraph (4)— 

19 (aa) in subparagraph (B), 

20 by striking ‘‘subsection (k)(3)(A) 

21 (ii)(II) or (iii)(II)’’ and inserting 

22 ‘‘clause (ii)(II) or (iii)(II) of sub23 section (j)(3)(A)’’; 

24 (bb) in subparagraph (C), 

25 by striking ‘‘subsection 


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1 (k)(3)(A)(iii)(III)’’ and inserting 

2 ‘‘subsection (j)(3)(A)(iii)(III)’’; 

3 and 

4 (cc) in subparagraph (D), by 

5 striking ‘‘subsection (k)(3)(A) 

6 (ii)(III) or (iii)(II)’’ and inserting 

7 ‘‘clause (ii)(II) or (iii)(II) of sub8 section (j)(3)(A)’’; 

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

10 third sentence; 

11 (L) in section 399B(c), by striking ‘‘sec12 tion 396(k)’’ and inserting ‘‘section 396(j)’’; 

13 (M) in section 615(l)(1)(A)(ii), by striking 

14 ‘‘section 396(k)(6)(B)’’ and inserting ‘‘section 

15 396(j)(6)(B)’’; 

16 (N) in section 624A(b)(1)— 

17 (i) by striking ‘‘REPORT; REGULA18 TIONS’’ and inserting ‘‘REGULATIONS’’; 

19 (ii) by striking ‘‘Within 1 year after’’ 

20 and all that follows through ‘‘on means of 

21 assuring’’ and inserting ‘‘The Commission 

22 shall issue such regulations as are nec23 essary to assure’’; and 


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1 (iii) by striking ‘‘Within 180 days 

2 after’’ and all that follows through ‘‘to as3 sure such compatibility.’’; and 

4 (O) in section 713— 

5 (i) by striking subsection (a); 

6 (ii) by redesignating subsections (b), 

7 (c), (d), (e), (f), (g), (h), and (j) as sub8 sections (a), (b), (c), (d), (e), (f), (g), and 

9 (h), respectively; 

10 (iii) in subsection (a), as redesig11 nated— 

12 (I) in the matter preceding para13 graph (1), by striking ‘‘such date of 

14 enactment’’ and inserting ‘‘the date of 

15 enactment of the Telecommunications 

16 Act of 1996’’; and 

17 (II) by striking ‘‘subsection (d)’’ 

18 each place that term appears and in19 serting ‘‘subsection (c)’’; 

20 (iv) in subsection (b), as redesignated, 

21 by striking ‘‘subsection (b)’’ each place 

22 that term appears and inserting ‘‘sub23 section (a)’’; 


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1 (v) in subsection (c), as redesignated, 

2 by striking ‘‘subsection (b)’’ and inserting 

3 ‘‘subsection (a)’’; 

4 (vi) in subsection (e)(2)(A), as redes5 ignated, by striking ‘‘subsection (h)’’ and 

6 inserting ‘‘subsection (g)’’; and 

7 (vii) in subsection (f), as redesignated, 

8 by striking ‘‘subsection (e)(2)’’ and insert9 ing ‘‘subsection (d)(2)’’. 

10 (2) CONFORMING AMENDMENTS.— 

11 (A) MIDDLE CLASS TAX RELIEF AND JOB

12 CREATION ACT OF 2012.—Section 6401(b) of 

13 the Middle Class Tax Relief and Job Creation 

14 Act of 2012 (47 U.S.C. 1451(b)) is amended— 

15 (i) in paragraph (1), by striking 

16 ‘‘(15)(A)’’ and inserting ‘‘(14)(A)’’; and 

17 (ii) in paragraph (3), by striking ‘‘sec18 tion 309(j)(16)(B) of the Communications 

19 Act of 1934 (47 U.S.C. 309(j)(16)(B))’’ 

20 and inserting ‘‘section 309(j)(15)(B) of the 

21 Communications Act of 1934 (47 U.S.C. 

22 309(j)(15)(B))’’. 

23 (B) TITLE 17.—Chapter 1 of title 17, 

24 United States Code, is amended— 


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1 (i) in section 114(d)(1)(B)(iv), by 

2 striking ‘‘section 396(k) of the Commu3 nications Act of 1934 (47 U.S.C. 396(k))’’ 

4 and inserting ‘‘section 396(j) of the Com5 munications Act of 1934 (47 U.S.C. 

6 396(j))’’; and 

7 (ii) in section 119(a)— 

8 (I) in paragraph (2)(B)(ii)— 

9 (aa) in subclause (I), by 

10 striking ‘‘section 339(c)(3)’’ and 

11 inserting ‘‘section 339(c)(2)’’; 

12 (bb) in subclause (II), by 

13 striking ‘‘section 339(c)(4)’’ and 

14 inserting ‘‘section 339(c)(3)’’; 

15 and 

16 (cc) in subclause (III), by 

17 striking ‘‘section 339(c)(3) of the 

18 Communications Act of 1934 (47 

19 U.S.C. 339(c)(3))’’ and inserting 

20 ‘‘section 339(c)(2) of the Com21 munications Act of 1934 (47 

22 U.S.C. 339(c)(2))’’; 

23 (II) in paragraph (3)(E), by 

24 striking ‘‘section 339(c)(2)’’ and in25 serting ‘‘section 339(c)(1)’’; and 


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1 (III) in paragraph (13), by strik2 ing ‘‘section 339(c)(2)’’ and inserting 

3 ‘‘section 339(c)(1)’’. 

4 SEC. 4. EFFECT ON AUTHORITY. 

5 Nothing in this Act or the amendments made by this 

6 Act shall be construed to expand or contract the authority 

7 of the Federal Communications Commission. 

8 SEC. 5. OTHER REPORTS. 

9 Nothing in this Act or the amendments made by this 

10 Act shall be construed to prohibit or otherwise prevent the 

11 Federal Communications Commission from producing any 

12 additional reports otherwise within the authority of the 

13 Federal Communications Commission. 


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Calendar No. 77 

115TH CONGRESS 

1ST SESSION S. 174 

[Report No. 115–61] 

A BILL 

To amend the Communications Act of 1934 to condens. congressional oversight and reduce reporting bur- Communications Commission in order to improve solidate the reporting obligations of the Federal 

MAY 11, 2017 

Reported without amendment 


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