Title: FCC "ABCs" Act of 2017
Policy area: Science, Technology, Communications

Summary:
FCC "ABCs" Act of 2017
This bill amends Communications Act of 1934 to direct the Federal Communications Commission (FCC), in the case of a proposed or final rule (including a proposed or final amendment to an existing rule) that may have an economically significant impact, to include in the notice a cost-benefit analysis demonstrating that the benefits outweigh the costs, recognizing that some benefits and costs are difficult to quantify.
An "economically significant impact" is defined as an effect on the economy of at least $100 million annually or a material adverse effect on the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or state, local, or tribal governments or communities.
The bill prohibits any appropriations for the express purpose of carrying out such analysis and notice requirements.
The FCC must presume, absent clear and convincing evidence to the contrary, that: (1) forbearance requirements are met when determining whether to forbear from applying any regulation or provision under such Act to a telecommunications carrier, service, or class; and (2) regulations considered in each biennial regulatory review are no longer necessary in the public interest as the result of meaningful economic competition between providers of telecommunications service.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 557 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 557

     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

                            January 13, 2017

  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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``FCC `ABCs' Act of 2017''.

SEC. 2. ANALYSIS OF BENEFITS AND COSTS IN FCC RULE MAKING PROCESS.

    (a) In General.--Section 4 of the Communications Act of 1934 (47 
U.S.C. 154) is amended by adding at the end the following new 
subsection:
    ``(p)(1) In the case of a proposed or final rule (including a 
proposed or final amendment to an existing rule) that may have an 
economically significant impact, the Commission shall include in the 
notice of proposed rule making or final rule, respectively, an analysis 
of the benefits and costs of the proposed or final rule that 
demonstrates that the benefits outweigh the costs, recognizing that 
some benefits and costs are difficult to quantify.
    ``(2) For purposes of this subsection, the term `economically 
significant impact' means an effect on the economy of $100,000,000 or 
more annually or a material adverse effect on the economy, a sector of 
the economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities.''.
    (b) No Additional Appropriations Authorized.--The amendment made by 
subsection (a) does not authorize any appropriations for the express 
purpose, in whole or in part, of carrying out such amendment.

SEC. 3. PRESUMPTION REGARDING REGULATORY FORBEARANCE DETERMINATION.

    Section 10 of the Communications Act of 1934 (47 U.S.C. 160) is 
amended by adding at the end the following new subsection:
    ``(f) Presumption.--In making a determination under subsection (a), 
the Commission shall presume, absent clear and convincing evidence to 
the contrary, that the requirements for forbearance under such 
subsection are met.''.

SEC. 4. PRESUMPTION REGARDING BIENNIAL REGULATORY REVIEW DETERMINATION.

    Section 11 of the Communications Act of 1934 (47 U.S.C. 161) is 
amended by adding at the end the following new subsection:
    ``(c) Presumption.--In making a determination under subsection 
(a)(2), the Commission shall presume, absent clear and convincing 
evidence to the contrary, that the regulation is no longer necessary in 
the public interest as the result of meaningful economic competition 
between providers of telecommunications service.''.
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