II 

115TH CONGRESS 

1ST SESSION S. 174 

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 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Communica5 tions Commission Consolidated Reporting Act of 2017’’. 


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1 SEC. 2. COMMUNICATIONS MARKETPLACE REPORT. 

2 Title I of the Communications Act of 1934 (47 

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

4 following: 

5 ‘‘SEC. 13. COMMUNICATIONS MARKETPLACE REPORT. 

6 ‘‘(a) IN GENERAL.—In the last quarter of every even7 numbered year, the Commission shall publish on its 

8 website and submit to the Committee on Energy and Com9 merce of the House of Representatives and the Committee 

10 on Commerce, Science, and Transportation of the Senate 

11 a report on the state of the communications marketplace. 

12 ‘‘(b) CONTENTS.—Each report required under sub13 section (a) shall— 

14 ‘‘(1) assess the state of competition in the com15 munications marketplace, including competition to 

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

17 providers of telecommunications, providers of com18 mercial mobile service (as defined in section 332), 

19 multichannel video programming distributors (as de20 fined in section 602), broadcast stations, providers 

21 of satellite communications, Internet service pro22 viders, and other providers of communications serv23 ices; 

24 ‘‘(2) assess the state of deployment of commu25 nications capabilities, including advanced tele26 communications capability (as defined in section 706 


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

2 1302)), regardless of the technology used for such 

3 deployment; 

4 ‘‘(3) assess whether laws, regulations, regu5 latory practices, or demonstrated marketplace prac6 tices pose a barrier to competitive entry into the 

7 communications marketplace or to the competitive 

8 expansion of existing providers of communications 

9 services; and 

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

11 the next 2-year period for addressing the challenges 

12 and opportunities in the communications market13 place that were identified through the assessments 

14 under paragraphs (1) through (3). 

15 ‘‘(c) EXTENSION.—If the Senate confirms the Chair16 man of the Commission during the third or fourth quarter 

17 of an even-numbered year, the report required under sub18 section (a) may be published on the website of the Com19 mission and submitted to the Committee on Energy and 

20 Commerce of the House of Representatives and the Com21 mittee on Commerce, Science, and Transportation of the 

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

23 ‘‘(d) SPECIAL REQUIREMENTS.— 

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

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


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1 Commission shall consider all forms of competition, 

2 including the effect of intermodal competition, facili3 ties-based competition, and competition from new 

4 and emergent communications services, including the 

5 provision of content and communications using the 

6 Internet. 

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

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

9 Commission shall include a list of geographical areas 

10 that are not served by any provider of advanced tele11 communications capability. 

12 ‘‘(3) CONSIDERING SMALL BUSINESSES.—In as13 sessing the state of competition under subsection 

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

15 Commission shall consider market entry barriers for 

16 entrepreneurs and other small businesses in the 

17 communications marketplace in accordance with the 

18 national policy under section 257(b). 

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

20 Commission fails to publish a report by the applicable 

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

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

23 thereafter until the publication of the report— 

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

25 to the chairperson and ranking member of— 


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1 ‘‘(A) the Committee on Energy and Com2 merce of the House of Representatives; and 

3 ‘‘(B) the Committee on Commerce, 

4 Science, and Transportation of the Senate; 

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

6 Commission anticipates the report will be published; 

7 and 

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

9 Commission.’’. 

10 SEC. 3. 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) is re14 pealed. 

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(b)(1) of the Broadband Data Improvement 

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

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

21 Federal Communications Commission’’ and inserting ‘‘its 

22 report under section 13 of the Communications Act of 

23 1934, the Federal Communications Commission’’. 

24 (d) STATUS OF COMPETITION IN THE MARKET FOR

25 THE DELIVERY OF VIDEO PROGRAMMING REPORT.—SecVerDate Sep 11 2014 00:12 Jan 26, 2017 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S174.IS S174

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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.—Section 

9 623(k) of the Communications Act of 1934 (47 U.S.C. 

10 543(k)) is amended— 

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

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

13 under section 13 of the Communications Act of 

14 1934’’; and 

15 (2) in paragraph (2), in the heading, by strik16 ing ‘‘ANNUAL’’. 

17 (f) TRIENNIAL REPORT IDENTIFYING AND ELIMI18 NATING MARKET ENTRY BARRIERS FOR ENTRE19 PRENEURS AND OTHER SMALL BUSINESSES.—Section 

20 257 of the Communications Act of 1934 (47 U.S.C. 257) 

21 is amended by striking subsection (c). 

22 (g) STATE OF COMPETITIVE MARKET CONDITIONS

23 WITH RESPECT TO COMMERCIAL MOBILE RADIO SERV24 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 (h) 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); and 

7 (B) by redesignating subsections (l) 

8 through (o) as subsections (k) through (n), re9 spectively. 

10 (2) CONFORMING AMENDMENTS.—The Commu11 nications Act of 1934 (47 U.S.C. 151 et seq.) is 

12 amended— 

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

14 Commission’s annual report, the Commission 

15 shall prepare an analysis of its progress in de16 veloping such systems and’’ and inserting ‘‘The 

17 Commission’’; and 

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

19 last sentence. 

20 (i) ADDITIONAL OUTDATED REPORTS.— 

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

22 1934 (47 U.S.C. 151 et seq.) is amended— 

23 (A) in section 4— 

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

25 striking ‘‘and shall furnish notice of such 


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1 action’’ and all that follows through ‘‘sub2 ject of the waiver’’; and 

3 (ii) in subsection (g)— 

4 (I) by striking paragraph (2); 

5 and 

6 (II) by redesignating paragraph 

7 (3) as paragraph (2); 

8 (B) in section 215— 

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

10 (ii) by redesignating subsection (c) as 

11 subsection (b); 

12 (C) in section 227(e)— 

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

14 (ii) by redesignating paragraphs (5) 

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

16 respectively; 

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

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

19 713(e)’’; 

20 (E) in section 309(j)— 

21 (i) by striking paragraph (12); 

22 (ii) by redesignating paragraphs (13) 

23 through (17) as paragraphs (12) through 

24 (16), respectively; and 


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1 (iii) in paragraph (14)(C), as redesig2 nated— 

3 (I) by striking clause (iv); 

4 (II) by redesignating clauses (v) 

5 and (vi) as clauses (iv) and (v), re6 spectively; and 

7 (III) in clause (v), as redesig8 nated, in the matter preceding sub9 clause (I)— 

10 (aa) by striking ‘‘clause (v)’’ 

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

12 (bb) by striking ‘‘paragraph 

13 (14)’’ and inserting ‘‘paragraph 

14 (13)’’; 

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

16 sentence; 

17 (G) in section 336(e), by striking para18 graph (4) and inserting the following: 

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

20 advise the Congress on the amounts collected pursu21 ant to the program required by this subsection.’’; 

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

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

24 396(j)(6)(B)’’; 

25 (I) in section 339(c)— 


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1 (i) by striking paragraph (1); 

2 (ii) by redesignating paragraphs (2) 

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

4 respectively; 

5 (iii) in paragraph (3)(A), as redesig6 nated, by striking ‘‘paragraph (2)’’ and in7 serting ‘‘paragraph (1)’’; and 

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

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

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

11 (J) in section 396— 

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

13 (ii) by redesignating subsections (j) 

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

15 respectively; 

16 (iii) in subsection (j), as redesig17 nated— 

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

19 subparagraph (F); 

20 (II) in paragraph (3)(B)(iii)— 

21 (aa) by striking subclause 

22 (V); 

23 (bb) by redesignating sub24 clause (VI) as subclause (V); and 


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1 (cc) in subclause (V), as re2 designated, by striking ‘‘sub3 section (l)(4)(B)’’ and inserting 

4 ‘‘subsection (k)(4)(B)’’; and 

5 (III) in paragraph (5), by strik6 ing ‘‘subsection (1)(3)(B)’’ and insert7 ing ‘‘subsection (k)(3)(B)’’; and 

8 (iv) in subsection (k), as redesig9 nated— 

10 (I) in paragraph (1)(B), by strik11 ing ‘‘shall be included’’ and all that 

12 follows through ‘‘The audit report’’; 

13 and 

14 (II) in paragraph (4)— 

15 (aa) in subparagraph (B), 

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

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

18 ‘‘clause (ii)(II) or (iii)(II) of sub19 section (j)(3)(A)’’; 

20 (bb) in subparagraph (C), 

21 by striking ‘‘subsection 

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

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

24 and 


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1 (cc) in subparagraph (D), by 

2 striking ‘‘subsection (k)(3)(A) 

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

4 ‘‘clause (ii)(II) or (iii)(II) of sub5 section (j)(3)(A)’’; 

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

7 third sentence; 

8 (L) in section 399B(c), by striking ‘‘sec9 tion 396(k)’’ and inserting ‘‘section 396(j)’’; 

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

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

12 396(j)(6)(B)’’; 

13 (N) in section 624A(b)(1)— 

14 (i) by striking ‘‘REPORT; REGULA15 TIONS’’ and inserting ‘‘REGULATIONS’’; 

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

17 and all that follows through ‘‘on means of 

18 assuring’’ and inserting ‘‘The Commission 

19 shall issue such regulations as are nec20 essary to assure’’; and 

21 (iii) by striking ‘‘Within 180 days 

22 after’’ and all that follows through ‘‘to as23 sure such compatibility.’’; and 

24 (O) in section 713— 

25 (i) by striking subsection (a); 


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1 (ii) by redesignating subsections (b), 

2 (c), (d), (e), (f), (g), (h), and (j) as sub3 sections (a), (b), (c), (d), (e), (f), (g), and 

4 (h), respectively; 

5 (iii) in subsection (a), as redesig6 nated— 

7 (I) in the matter preceding para8 graph (1), by striking ‘‘such date of 

9 enactment’’ and inserting ‘‘the date of 

10 enactment of the Telecommunications 

11 Act of 1996’’; and 

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

13 each place that term appears and in14 serting ‘‘subsection (c)’’; 

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

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

17 that term appears and inserting ‘‘sub18 section (a)’’; 

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

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

21 ‘‘subsection (a)’’; 

22 (vi) in subsection (e)(2)(A), as redes23 ignated, by striking ‘‘subsection (h)’’ and 

24 inserting ‘‘subsection (g)’’; and 


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

2 by striking ‘‘subsection (e)(2)’’ and insert3 ing ‘‘subsection (d)(2)’’. 

4 (2) CONFORMING AMENDMENTS.— 

5 (A) MIDDLE CLASS TAX RELIEF AND JOB

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

7 the Middle Class Tax Relief and Job Creation 

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

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

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

11 (ii) in paragraph (3), by striking ‘‘sec12 tion 309(j)(16)(B) of the Communications 

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

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

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

16 309(j)(15)(B))’’. 

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

18 United States Code, is amended— 

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

20 striking ‘‘section 396(k) of the Commu21 nications Act of 1934 (47 U.S.C. 396(k))’’ 

22 and inserting ‘‘section 396(j) of the Com23 munications Act of 1934 (47 U.S.C. 

24 396(j))’’; and 

25 (ii) in section 119(a)— 


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1 (I) in paragraph (2)(B)(ii)— 

2 (aa) in subclause (I), by 

3 striking ‘‘section 339(c)(3)’’ and 

4 inserting ‘‘section 339(c)(2)’’; 

5 (bb) in subclause (II), by 

6 striking ‘‘section 339(c)(4)’’ and 

7 inserting ‘‘section 339(c)(3)’’; 

8 and 

9 (cc) in subclause (III), by 

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

11 Communications Act of 1934 (47 

12 U.S.C. 339(c)(3))’’ and inserting 

13 ‘‘section 339(c)(2) of the Com14 munications Act of 1934 (47 

15 U.S.C. 339(c)(2))’’; 

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

17 striking ‘‘section 339(c)(2)’’ and in18 serting ‘‘section 339(c)(1)’’; and 

19 (III) in paragraph (13), by strik20 ing ‘‘section 339(c)(2)’’ and inserting 

21 ‘‘section 339(c)(1)’’. 

22 SEC. 4. EFFECT ON AUTHORITY. 

23 Nothing in this Act or the amendments made by this 

24 Act shall be construed to expand or contract the authority 

25 of the Federal Communications Commission. 


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1 SEC. 5. OTHER REPORTS. 

2 Nothing in this Act or the amendments made by this 

3 Act shall be construed to prohibit or otherwise prevent the 

4 Federal Communications Commission from producing any 

5 additional reports otherwise within the authority of the 

6 Federal Communications Commission. 

Æ 


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