FCC Reauthorization Act of 2016

To reauthorize the Federal Communications Commission for fiscal years 2017 and 2018, and for other purposes. 1. Short title This Act may be cited as the FCC Reauthorization Act of 2016 2. Authorization of appropriations (a) In general Section 6 of the Communications Act of 1934 ( 47 U.S.C. 156 6. Authorization of appropriations (a) In general There are authorized to be appropriated for the administration of this Act by the Commission, other than the activities described in subsection (b), $361,116,000 for fiscal year 2017 and $348,711,000 for fiscal year 2018, together with such sums as may be necessary for increases resulting from adjustments in salary, pay, retirement, other employee benefits required by law, and other nondiscretionary costs, for each such fiscal year. (b) Office of Inspector General Of the amounts appropriated under subsection (a), not less than $11,751,000 for fiscal year 2017 and not less than $11,904,000 for fiscal year 2018 shall be for salaries and expenses of the Office of Inspector General of the Commission. (c) New or reconfigured facility Of the amounts appropriated under subsection (a) for fiscal year 2017, such sums as may be necessary not to exceed $16,867,000 shall remain available until expended for necessary expenses of the Commission associated with moving to a new facility or reconfiguring the existing facility to significantly reduce space consumption. (d) Offsetting collections Of the sum appropriated in any fiscal year under this section, a portion, in an amount determined under section 9(b), shall be derived from fees authorized by section 9. . (b) Retention of revenues Section 309(j)(8)(B) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(8)(B) (B) Retention of revenues (i) In general Notwithstanding subparagraph (A) and subject to clause (ii) of this subparagraph, the salaries and expenses account of the Commission shall retain as an offsetting collection such sums as may be necessary from such proceeds for the costs of developing and implementing the program required by this subsection. Such offsetting collections shall be available for obligation subject to the terms and conditions of the receiving appropriations account, and shall be deposited in such accounts on a quarterly basis. Such offsetting collections are authorized to remain available until expended. No sums may be retained under this subparagraph during any fiscal year beginning after September 30, 1998, if the annual report of the Commission under section 4(k) for the second preceding fiscal year fails to include in the itemized statement required by paragraph (3) of such section a statement of each expenditure made for purposes of conducting competitive bidding under this subsection during such second preceding fiscal year. (ii) Cap Proceeds from the use of a competitive bidding system under this subsection that may be retained and made available for obligation under clause (i) shall not exceed $124,000,000 for fiscal year 2017 and $110,750,000 for fiscal year 2018. . 3. Terms of office and vacancies Section 4(c) of the Communications Act of 1934 ( 47 U.S.C. 154(c) (c) (1) A commissioner— (A) shall be appointed for a term of 5 years; (B) except as provided in subparagraph (C), may continue to serve after the expiration of the fixed term of office of the commissioner until a successor is appointed and has been confirmed and taken the oath of office; and (C) may not continue to serve after the expiration of the session of Congress that begins after the expiration of the fixed term of office of the commissioner. (2) Any person chosen to fill a vacancy in the Commission— (A) shall be appointed for the unexpired term of the commissioner that the person succeeds; (B) except as provided in subparagraph (C), may continue to serve after the expiration of the fixed term of office of the commissioner that the person succeeds until a successor is appointed and has been confirmed and taken the oath of office; and (C) may not continue to serve after the expiration of the session of Congress that begins after the expiration of the fixed term of office of the commissioner that the person succeeds. (3) No vacancy in the Commission shall impair the right of the remaining commissioners to exercise all the powers of the Commission. . 4. Submission of copy of certain documents to Congress Section 4 of the Communications Act of 1934 ( 47 U.S.C. 154 (p) Budget estimates and requests; legislative recommendations, testimony, and comments on legislation (1) Budget estimates and requests If the Commission submits any budget estimate or request to the President or the Office of Management and Budget, the Commission shall concurrently transmit a copy of that estimate or request to Congress. (2) Legislative recommendations, testimony, and comments on legislation (A) In general If the Commission submits any legislative recommendations, testimony, or comments on legislation to the President or the Office of Management and Budget, the Commission shall concurrently transmit a copy thereof to Congress. (B) Prohibition No officer or agency of the United States may require the Commission to submit legislative recommendations, testimony, or comments on legislation to any officer or agency of the United States for approval, comments, or review prior to the submission of the recommendations, testimony, or comments to Congress. . 5. GAO report on FCC regulatory fee structure (a) In general Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the current regulatory fee assessments and adjustment process of the Federal Communications Commission. (b) Contents The Comptroller General shall include in the report submitted under subsection (a)— (1) a determination as to whether the current regulatory fee structure correlates to the actual workload of the Federal Communications Commission; (2) a determination as to whether the current regulatory fees are reasonably related to the benefits provided to the payor of the fees; (3) a determination as to whether the current regulatory fee structure has a disparate impact on certain payors or technologies; and (4) recommendations as to how the current regulatory fee structure should be adjusted. 6. Application of Antideficiency Act to universal service program Section 302 of the Universal Service Antideficiency Temporary Suspension Act (title III of Public Law 108–494 December 31, 2017 September 30, 2018 7. Deposits for spectrum auctions Section 309(j)(8)(C) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(8)(C) (C) Deposits Any deposits the Commission may require for the qualification of any person to bid in a system of competitive bidding pursuant to this subsection shall be deposited in the Treasury. Within 45 days following the conclusion of the competitive bidding— (i) the deposits of successful bidders shall be credited to the deposit fund of the Treasury, except as otherwise provided in subparagraphs (D)(ii), (E)(ii), (F), and (G); and (ii) the deposits of unsuccessful bidders shall be returned to such bidders. . 8. Joint board recommendation The Federal Communications Commission may not modify, amend, or change its rules or regulations for universal service support payments to implement the February 27, 2004, recommendations of the Federal-State Joint Board on Universal Service regarding single connection or primary line restrictions on universal service support payments.

Summary: FCC Reauthorization Act of 2016 (Sec. 4) This bill reauthorizes the Federal Communications Commission (FCC) for FY2017-FY2018. The bill designates amounts for: (1) the FCC's office of inspector general, and (2) the FCC to move to a new facility or reconfigure its existing facility. (Sec. 5) The bill allows a person chosen to fill a commissioner's vacancy on the FCC to continue to serve after the expiration of the fixed term of the commissioner that the person succeeds until a successor has taken office. But the person filling the vacancy may not continue to serve after the session of Congress that begins after the expiration of the fixed term of the commissioner that the person succeeds. (Sec. 6) The FCC must submit concurrently to Congress a copy of any budget estimates, requests, or legislative recommendations that it submits to the President or the Office of Management and Budget. No U.S. officer or agency may require the FCC to obtain that officer's or agency's approval before the FCC submits legislative recommendations to Congress. The FCC inspector general must concurrently submit its semiannual reports on the FCC's activities to both the FCC and Congress. (Sec. 7) The Government Accountability Office (GAO) must recommend adjustments to the FCC's regulatory fee structure in a report that considers: (1) the FCC's workload, (2) benefits to payors, and (3) whether the current fee structure has a disparate impact on certain technologies or small-sized payors. (Sec. 8) The Universal Service Antideficiency Temporary Suspension Act is amended to extend through FY2018 provisions rendering the Antideficiency Act inapplicable to: (1) amounts collected or received as universal service contributions, or (2) expenditures or obligations of such contributions. (Sec. 9) Any deposits that the FCC may require for the qualification of bidders in a system of competitive bidding for spectrum licenses must be deposited directly in the Treasury instead of in an interest bearing account at a financial institution. The bill removes a provision that requires the interest accrued to such a financial institution account to be dedicated for the sole purpose of deficit reduction. The deposits of successful bidders must be credited to the deposit fund of the Treasury, unless existing exceptions apply. (Sec. 10) The FCC is prohibited from changing its regulations for universal service support payments to implement the February 27, 2004, recommendations of the Federal-State Joint Board on Universal Service regarding single connection or primary line restrictions on universal service support payments. (Sec. 11) The Communications Act of 1934 is amended to expand the prohibition against knowingly transmitting misleading or inaccurate caller identification information to apply to: (1) persons outside the United States if the recipient of the call is within the United States, and (2) text messages. Existing caller identification requirements that apply to calls made using a telecommunications service or IP-enabled voice service are revised to apply to: (1) voice communications using resources from the North American Numbering Plan; and (2) transmissions from a telephone facsimile machine, computer, or other device to a telephone facsimile machine. The FCC must collaborate with the Federal Trade Commission (FTC) to regularly update education materials that help consumers identify: (1) scams and fraudulent activity that rely upon misleading or inaccurate caller identification information, and (2) existing technologies that consumers can use to protect against such fraud. The GAO must report on: (1) actions taken, or actions that could be taken, by the FCC or the FTC to combat the fraudulent provision of misleading or inaccurate caller identification information; and (2) any recommendations to combat the fraudulent provision of such information. Kari's Law Act of 2016 (Sec. 12) This section prohibits businesses from manufacturing or importing for use in the United States, or selling or leasing in the United States, a multi-line telephone system unless it can be installed to allow 9-1-1 calls to be transmitted to the appropriate public safety answering point: (1) without requiring the user to dial any additional digit, code, prefix, or post-fix (including any trunk-access code such as the digit &quot;9&quot;); and (2) regardless of what a user is required to dial for other calls. Businesses are prohibited from installing multi-line telephone systems unless upon installation they allow 9-1-1 calls to be initiated without dialing such additional codes. Installers must configure such systems to provide on-site notifications (if possible without improvement to the hardware) so that when a person at the facility where the system is installed initiates a 9-1-1 call, the system notifies: (1) a central location at the facility, or (2) a person or organization with responsibility for safety or security for the location. (Sec. 13) The FCC must complete a rulemaking proceeding relating to the placing of unauthorized charges on a consumer's telephone bill (commonly referred to as &quot;cramming&quot;) to consider measures to block the placement of third-party charges on a consumer's wireline, wireless, or bundled services telephone bill under the criteria it relied upon when it entered into a consent decree relating to cramming with mobile voice and data service providers. (Sec. 14) The FCC must release a notice of inquiry to gather information and seek public comment on how to promote broadband Internet access service for veterans, in particular those with low-incomes or who reside in rural areas. (Sec. 15) The FCC must implement metrics to measure the impact of universal service support on the deployment and adoption of broadband on tribal lands by: (1) residents, (2) schools and libraries, and (3) health care facilities and rural health care providers. The FCC must report biennially on ways to overcome barriers to the adoption of broadband on tribal lands. It must also examine ways to measure impacts on: (1) tribe members who do not live on tribal land; and (2) schools, libraries, and health providers that are not located on tribal land but that serve large numbers of tribal land residents. (Sec. 16) The FCC must ensure that its chief information officer is authorized to participate in budget planning decisions related to information technology. The FCC must obtain the chief information officer's approval for the allocation of amounts appropriated to the FCC that are available for information technology. (Sec. 17) The FCC must include in press releases regarding its issuance of a notice of apparent liability for a forfeiture penalty a disclaimer informing consumers that: (1) the notice should be treated only as allegations, (2) any proposed forfeiture penalty represents the maximum penalty that the FCC may impose for the violations alleged in the notice. (Sec. 18) Every other year, the GAO must report on the annual opportunity cost of each federal spectrum band assigned or allocated for federal entities between 150 megahertz and 6000 megahertz. &quot;Opportunity cost&quot; is defined as the dollar value of the spectrum if it were to be reallocated to the highest commercial alternative use that currently does not have access to that spectrum. The FCC must also consider: (1)national security, (2) the ability of federal entities to move to new bands or share existing bands, (3) relocation costs, (4) market valuations from spectrum auctions and secondary spectrum trading, and (5) spectrum value on an exclusive or shared basis. Within two years after the bill's enactment and then every five years, the GAO must determine whether federal entities operating on federal spectrum allocations are using the most spectrum-efficient technologies available. If the technologies are not the most spectrum-efficient, the GAO must determine: (1) the upgrade costs and benefits, and (2) whether there are potential problems with upgrading. (Sec. 19) The GAO must recommend how to consolidate redundant filing requirements for telecommunications carriers that receive universal service support under the Universal Service Fund program. (Sec. 20) The FCC must report on the feasibility of conducting mobile broadband coverage drive testing in rural areas (to determine the scope of existing mobile broadband coverage) using U.S. Postal Service delivery systems and commercial entities. (Sec. 21) The GAO must report on the transition of telecommunications services in the United States from legacy telephone services to Internet Protocol-based services. The report must examine how the federal government: (1) is working with public and private sector stakeholders, and (2) can facilitate the transition in rural and low-income communities. (Sec. 22) The FCC must submit reports on the broadcast spectrum incentive auction required under the Middle Class Tax Relief and Job Creation Act of 2012. The FCC must address: (1) reimbursements requested by broadcast television licensees, how many television stations will be required to relocate to a new channel assignment, and bilateral spectrum coordination with Canada and Mexico; and (2) the construction schedule for the relocation of television stations to new channel assignments, whether viewers will face service interruptions, impacts on rural areas and translator services, and steps to expedite successful auction bidders' use of spectrum. (Sec. 23) The FCC must report on the Universal Service Rural Health Care Program and issue a notice of inquiry to evaluate whether the program is meeting its statutory goals. The report must include data on: (1) funding distributed to health care providers in each state since funding year 2013, (2) the types of providers and advanced telecommunications and information services funded, and (3) whether the Telecommunications Program (a program that provides discounts for telecommunications services for eligible health care providers) should be transitioned into the Healthcare Connect Fund. (Sec. 24) The GAO must report on the FCC's E-rate universal service support program for broadband Internet connections and Wi-Fi at schools and libraries. The report must review: (1) whether the Second E-rate Modernization Order adopted on December 11, 2014, has resulted in overbuilding and duplication, (2) gaps that still exist in Internet connectivity, and (3) recommendations to improve the program. (Sec. 25) The GAO must report on how public availability of the National Telecommunications and Information Administration's broadband inventory map helps the FCC ensure that the broadband data it collects is accurate, complete, and reliable. The report must evaluate the extent to which federal agencies or other entities authorized to distribute federal grants or loans for broadband projects rely on the map to: (1) award grants and loans for broadband projects, or (2) determine whether federal funds will be used to deploy broadband in areas already served by private broadband providers. The GAO must address challenges to the map's accuracy, the FCC's plans concerning the map's limitations for policy or funding decisions, and whether the FCC should collect data from additional or alternative commercial sources. (Sec. 26) The FCC must submit annual spectrum auction reports regarding: (1) each expenditure for competitive bidding during the preceding (currently, second preceding) fiscal year, (2) an estimate of what systems of competitive bidding may be initiated during the next year and the bands of frequencies it expects to include in the auctions, and (3) a justification for the use of auction proceeds retained by the FCC to develop and implement auctions. (Sec. 27) The FCC must report, and seek public comment, on its broadband deployment and subscription data collection practices and how data collection can be improved for fixed and mobile broadband.