[Pages H5938-H5945]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FEDERAL COMMUNICATIONS COMMISSION CONSOLIDATED REPORTING ACT OF 2015
Mr. WALDEN. Mr. Speaker, I ask unanimous consent to take from the
Speaker's table the bill (S. 253) 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, and ask for its immediate consideration
in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Oregon?
There was no objection.
The text of the bill is as follows:
S. 253
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 ``Federal Communications
Commission Consolidated Reporting Act of 2015''.
SEC. 2. COMMUNICATIONS MARKETPLACE REPORT.
Title I of the Communications Act of 1934 (47 U.S.C. 151 et
seq.) is amended by adding at the end the following:
``SEC. 13. COMMUNICATIONS MARKETPLACE REPORT.
``(a) In General.--In the last quarter of every even-
numbered year, the Commission shall publish on its website
and submit to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
state of the communications marketplace.
``(b) Contents.--Each report required under subsection (a)
shall--
``(1) assess the state of competition in the communications
marketplace, including competition to deliver voice, video,
audio, and data services among providers of
telecommunications, providers of commercial mobile service
(as defined in section 332), multichannel video programming
distributors (as defined in section 602), broadcast stations,
providers of satellite communications, Internet service
providers, and other providers of communications services;
``(2) assess the state of deployment of communications
capabilities, including advanced telecommunications
capability (as defined in section 706 of the
Telecommunications Act of 1996 (47 U.S.C. 1302)), regardless
of the technology used for such deployment;
``(3) assess whether laws, regulations, regulatory
practices, or demonstrated marketplace practices pose a
barrier to competitive entry into the communications
marketplace or to the competitive expansion of existing
providers of communications services; and
``(4) describe the agenda of the Commission for the next 2-
year period for addressing the challenges and opportunities
in the communications marketplace that were identified
through the assessments under paragraphs (1) through (3).
``(c) Extension.--If the Senate confirms the Chairman of
the Commission during the third or fourth quarter of an even-
numbered year, the report required under subsection (a) may
be published on the website of the Commission and submitted
to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate by March 1 of the following odd-
numbered year.
``(d) Special Requirements.--
``(1) Assessing competition.--In assessing the state of
competition under subsection (b)(1), the Commission shall
consider all forms of competition, including the effect of
intermodal competition, facilities-based competition, and
competition from new and emergent communications services,
including the provision of content and communications using
the Internet.
``(2) Assessing deployment.--In assessing the state of
deployment under subsection (b)(2), the Commission shall
include a list of geographical areas that are not served by
any provider of advanced telecommunications capability.
``(3) Considering small businesses.--In assessing the state
of competition under subsection (b)(1) and barriers under
subsection (b)(3), the Commission shall consider market entry
barriers for entrepreneurs and other small businesses in the
communications marketplace in accordance with the national
policy under section 257(b).
``(e) Notification of Delay in Report.--If the Commission
fails to publish a report by the applicable deadline under
subsection (a) or (c), the Commission shall, not later than 7
days after the deadline and every 60 days thereafter until
the publication of the report--
``(1) provide notification of the delay by letter to the
chairperson and ranking member of--
``(A) the Committee on Energy and Commerce of the House of
Representatives; and
``(B) the Committee on Commerce, Science, and
Transportation of the Senate;
``(2) indicate in the letter the date on which the
Commission anticipates the report will be published; and
``(3) publish the letter on the website of the
Commission.''.
SEC. 3. CONSOLIDATION OF REDUNDANT REPORTS; CONFORMING
AMENDMENTS.
(a) ORBIT Act Report.--Section 646 of the Communications
Satellite Act of 1962 (47 U.S.C. 765e) is repealed.
(b) Satellite Competition Report.--Section 4 of Public Law
109-34 (47 U.S.C. 703) is repealed.
(c) International Broadband Data Report.--Section 103(b)(1)
of the Broadband Data Improvement Act (47 U.S.C. 1303(b)(1))
is amended by striking ``the assessment and report'' and all
that follows through ``the Federal Communications
Commission'' and inserting ``its report under section 13 of
the Communications Act of 1934, the Federal Communications
Commission''.
(d) Status of Competition in the Market for the Delivery of
Video Programming Report.--Section 628 of the Communications
Act of 1934 (47 U.S.C. 548) is amended--
(1) by striking subsection (g);
(2) by redesignating subsection (j) as subsection (g); and
(3) by transferring subsection (g) (as redesignated) so
that it appears after subsection (f).
(e) Report on Cable Industry Prices.--Section 623(k) of the
Communications Act of 1934 (47 U.S.C. 543(k)) is amended--
(1) in paragraph (1), by striking ``annually publish'' and
inserting ``publish with its report under section 13 of the
Communications Act of 1934''; and
(2) in paragraph (2), in the heading, by striking
``annual''.
(f) Triennial Report Identifying and Eliminating Market
Entry Barriers for Entrepreneurs and Other Small
Businesses.--Section 257 of the Communications Act of 1934
(47 U.S.C. 257) is amended by striking subsection (c).
(g) State of Competitive Market Conditions With Respect to
Commercial Mobile Radio Services.--Section 332(c)(1)(C) of
the Communications Act of 1934 (47 U.S.C. 332(c)(1)(C)) is
amended by striking the first and second sentences.
(h) Previously Eliminated Annual Report.--
(1) In general.--Section 4 of the Communications Act of
1934 (47 U.S.C. 154) is amended--
(A) by striking subsection (k); and
(B) by redesignating subsections (l) through (o) as
subsections (k) through (n), respectively.
(2) Conforming amendments.--The Communications Act of 1934
(47 U.S.C. 151 et seq.) is amended--
[[Page H5939]]
(A) in section 9(i), by striking ``In the Commission's
annual report, the Commission shall prepare an analysis of
its progress in developing such systems and'' and inserting
``The Commission''; and
(B) in section 309(j)(8)(B), by striking the last sentence.
(i) Additional Outdated Reports.--
(1) In general.--The Communications Act of 1934 (47 U.S.C.
151 et seq.) is amended--
(A) in section 4--
(i) in subsection (b)(2)(B)(ii), by striking ``and shall
furnish notice of such action'' and all that follows through
``subject of the waiver''; and
(ii) in subsection (g)--
(I) by striking paragraph (2); and
(II) by redesignating paragraph (3) as paragraph (2);
(B) in section 215--
(i) by striking subsection (b); and
(ii) by redesignating subsection (c) as subsection (b);
(C) in section 227(e)--
(i) by striking paragraph (4); and
(ii) by redesignating paragraphs (5) through (9) as
paragraphs (4) through (8), respectively;
(D) in section 303(u)(1)(B), by striking ``section 713(f)''
and inserting ``section 713(e)'';
(E) in section 309(j)--
(i) by striking paragraph (12);
(ii) by redesignating paragraphs (13) through (17) as
paragraphs (12) through (16), respectively; and
(iii) in paragraph (14)(C), as redesignated--
(I) by striking clause (iv); and
(II) by redesignating clauses (v) and (vi) as clauses (iv)
and (v), respectively;
(F) in section 331(b), by striking the last sentence;
(G) in section 336(e), by amending paragraph (4) to read as
follows:
``(4) Report.--The Commission shall annually advise the
Congress on the amounts collected pursuant to the program
required by this subsection.'';
(H) in section 338(k)(6), by striking ``section
396(k)(6)(B)'' and inserting ``section 396(j)(6)(B)'';
(I) in section 339(c)--
(i) by striking paragraph (1);
(ii) by redesignating paragraphs (2) through (5) as
paragraphs (1) through (4), respectively;
(iii) in paragraph (3)(A), as redesignated, by striking
``paragraph (2)'' and inserting ``paragraph (1)''; and
(iv) in paragraph (4), as redesignated, by striking
``paragraphs (2) and (4)'' and inserting ``paragraphs (1) and
(3)'';
(J) in section 396--
(i) by striking subsections (i) and (m);
(ii) by redesignating subsections (j) through (l) as
subsections (i) through (k), respectively;
(iii) in subsection (j), as redesignated--
(I) in paragraph (1), by striking subparagraph (F);
(II) in paragraph (3)(B)(iii)--
(aa) by striking subclause (V);
(bb) by redesignating subclause (VI) as subclause (V); and
(cc) in subclause (V), as redesignated, by striking
``subsection (l)(4)(B)'' and inserting ``subsection
(k)(4)(B)''; and
(III) in paragraph (5), by striking ``subsection
(1)(3)(B)'' and inserting ``subsection (k)(3)(B)''; and
(iv) in subsection (k), as redesignated--
(I) in paragraph (1)(B), by striking ``shall be included''
and all that follows through ``The audit report''; and
(II) in paragraph (4), by striking ``subsection (k)'' each
place that term appears and inserting ``subsection (j)'';
(K) in section 398(b)(4), by striking the third sentence;
(L) in section 399B(c), by striking ``section 396(k)'' and
inserting ``section 396(j)'';
(M) in section 615(l)(1)(A)(ii), by striking ``section
396(k)(6)(B)'' and inserting ``section 396(j)(6)(B)'';
(N) in section 624A(b)(1)--
(i) by striking ``Report; regulations'' and inserting
``Regulations'';
(ii) by striking ``Within 1 year after'' and all that
follows through ``on means of assuring'' and inserting ``The
Commission shall issue such regulations as are necessary to
assure''; and
(iii) by striking ``Within 180 days after'' and all that
follows through ``to assure such compatibility.''; and
(O) in section 713--
(i) by striking subsection (a);
(ii) by redesignating subsections (b), (c), (d), (e), (f),
(g), (h), and (j) as subsections (a), (b), (c), (d), (e),
(f), (g), and (h), respectively;
(iii) in subsection (a), as redesignated, by striking
``subsection (d)'' each place that term appears and inserting
``subsection (c)'';
(iv) in subsection (b), as redesignated, by striking
``subsection (b)'' each place that term appears and inserting
``subsection (a)'';
(v) in subsection (c), as redesignated, by striking
``subsection (b)'' and inserting ``subsection (a)'';
(vi) in subsection (e)(2)(A), as redesignated, by striking
``subsection (h)'' and inserting ``subsection (g)''; and
(vii) in subsection (f), as redesignated, by striking
``subsection (e)(2)'' and inserting ``subsection (d)(2)''.
(2) Conforming amendments.--
(A) Middle class tax relief and job creation act of 2012.--
Section 6401(b) of the Middle Class Tax Relief and Job
Creation Act of 2012 (47 U.S.C. 1451(b)) is amended--
(i) in paragraph (1), by striking ``(15)(A)'' and inserting
``(14)(A)''; and
(ii) in paragraph (3), by striking ``(16)(B)'' and
inserting ``(15)(B)''.
(B) Title 17.--Title 17, United States Code, is amended--
(i) in section 114(d)(1)(B)(iv), by striking ``section
396(k)'' and inserting ``section 396(j)''; and
(ii) in section 119(a)--
(I) in paragraph (2)(B)(ii)--
(aa) in subclause (I), by striking ``section 339(c)(3)''
and inserting ``section 339(c)(2)'';
(bb) in subclause (II), by striking ``section 339(c)(4)''
and inserting ``section 339(c)(3)''; and
(cc) in subclause (III), by striking ``section 339(c)(3)''
and inserting ``section 339(c)(2)'';
(II) in paragraph (3)(E), by striking ``section 339(c)(2)''
and inserting ``section 339(c)(1)''; and
(III) in paragraph (13), by striking ``section 339(c)(2)''
and inserting ``section 339(c)(1)''.
SEC. 4. EFFECT ON AUTHORITY.
Nothing in this Act or the amendments made by this Act
shall be construed to expand or contract the authority of the
Federal Communications Commission.
SEC. 5. OTHER REPORTS.
Nothing in this Act or the amendments made by this Act
shall be construed to prohibit or otherwise prevent the
Federal Communications Commission from producing any
additional reports otherwise within the authority of the
Federal Communications Commission.
Amendment Offered by Mr. Walden
Mr. WALDEN. Mr. Speaker, I have an amendment at the desk.
The Clerk read as follows:
Amendment offered by Mr. Walden:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Communications Act Update Act of 2016''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Commission defined.
TITLE I--FEDERAL COMMUNICATIONS COMMISSION PROCESS REFORM
Sec. 101. Federal Communications Commission process reform.
Sec. 102. Categorization of TCPA inquiries and complaints in quarterly
report.
Sec. 103. Effect on other laws.
Sec. 104. Application of Antideficiency Act to Universal Service
Program.
Sec. 105. Report on improving small business participation in FCC
proceedings.
Sec. 106. Timely availability of items adopted by vote of the
Commission.
TITLE II--FEDERAL COMMUNICATIONS COMMISSION CONSOLIDATED REPORTING
Sec. 201. Communications marketplace report.
Sec. 202. Consolidation of redundant reports; conforming amendments.
Sec. 203. Effect on authority.
Sec. 204. Other reports.
TITLE III--SMALL BUSINESS BROADBAND DEPLOYMENT
Sec. 301. Exception to enhancement to transparency requirements for
small businesses.
TITLE IV--KARI'S LAW
Sec. 401. Short title.
Sec. 402. Configuration of multi-line telephone systems for direct
dialing of 9-1-1.
TITLE V--SECURING ACCESS TO NETWORKS IN DISASTERS
Sec. 501. Study on network resiliency.
Sec. 502. Access to essential service providers during federally
declared emergencies.
Sec. 503. Definitions.
TITLE VI--SPOOFING PREVENTION
Sec. 601. Spoofing prevention.
TITLE VII--AMATEUR RADIO PARITY
Sec. 701. Findings.
Sec. 702. Application of private land use restrictions to amateur
stations.
Sec. 703. Affirmation of limited preemption of State and local land use
regulation.
Sec. 704. Definitions.
TITLE VIII--IMPROVING RURAL CALL QUALITY AND RELIABILITY
Sec. 801. Ensuring the integrity of voice communications.
SEC. 2. COMMISSION DEFINED.
In this Act, the term ``Commission'' means the Federal
Communications Commission.
TITLE I--FEDERAL COMMUNICATIONS COMMISSION PROCESS REFORM
SEC. 101. FEDERAL COMMUNICATIONS COMMISSION PROCESS REFORM.
(a) In General.--Title I of the Communications Act of 1934
(47 U.S.C. 151 et seq.) is amended by adding at the end the
following:
``SEC. 13. TRANSPARENCY AND EFFICIENCY.
``(a) Initial Rulemaking and Inquiry.--
``(1) Rulemaking.--Not later than 1 year after the date of
the enactment of this section, the Commission shall complete
a rulemaking proceeding and adopt procedural changes to its
rules to maximize opportunities for public participation and
efficient decisionmaking.
[[Page H5940]]
``(2) Requirements for rulemaking.--The rules adopted under
paragraph (1) shall--
``(A) set minimum comment periods for comment and reply
comment, subject to a determination by the Commission that
good cause exists for departing from such minimum comment
periods, for--
``(i) significant regulatory actions, as defined in
Executive Order No. 12866; and
``(ii) all other rulemaking proceedings;
``(B) establish policies concerning the submission of
extensive new comments, data, or reports towards the end of
the comment period;
``(C) establish policies regarding treatment of comments,
ex parte communications, and data or reports (including
statistical reports and reports to Congress) submitted after
the comment period to ensure that the public has adequate
notice of and opportunity to respond to such submissions
before the Commission relies on such submissions in any
order, decision, report, or action;
``(D) establish procedures for, not later than 14 days
after the end of each quarter of a calendar year (or more
frequently, as the Commission considers appropriate),
publishing on the Internet website of the Commission and
submitting to Congress a report that contains--
``(i) the status of open rulemaking proceedings and
proposed orders, decisions, reports, or actions on
circulation for review by the Commissioners, including which
Commissioners have not cast a vote on an order, decision,
report, or action that has been on circulation for more than
60 days;
``(ii) for the petitions, applications, complaints, and
other requests for action by the Commission that were pending
at the Commission on the last day of such quarter (or more
frequent period, as the case may be)--
``(I) the number of such requests, broken down by the
bureau primarily responsible for action and, for each bureau,
the type of request (such as a petition, application, or
complaint); and
``(II) information regarding the amount of time for which
such requests have been pending, broken down as described in
subclause (I); and
``(iii) a list of the congressional investigations of the
Commission that were pending on the last day of such quarter
(or more frequent period, as the case may be) and the cost of
such investigations, individually and in the aggregate;
``(E) establish deadlines (relative to the date of filing)
for--
``(i) in the case of a petition for a declaratory ruling
under section 1.2 of title 47, Code of Federal Regulations,
issuing a public notice of such petition;
``(ii) in the case of a petition for rulemaking under
section 1.401 of such title, issuing a public notice of such
petition; and
``(iii) in the case of a petition for reconsideration under
section 1.106 or 1.429 of such title or an application for
review under section 1.115 of such title, issuing a public
notice of a decision on the petition or application by the
Commission or under delegated authority (as the case may be);
``(F) establish guidelines (relative to the date of filing)
for the disposition of petitions filed under section 1.2 of
such title;
``(G) establish procedures for the inclusion of the
specific language of the proposed rule or the proposed
amendment of an existing rule in a notice of proposed
rulemaking; and
``(H) require notices of proposed rulemaking and orders
adopting a rule or amending an existing rule that--
``(i) create (or propose to create) a program activity to
contain performance measures for evaluating the effectiveness
of the program activity; and
``(ii) substantially change (or propose to substantially
change) a program activity to contain--
``(I) performance measures for evaluating the effectiveness
of the program activity as changed (or proposed to be
changed); or
``(II) a finding that existing performance measures will
effectively evaluate the program activity as changed (or
proposed to be changed).
``(3) Inquiry.--Not later than 1 year after the date of the
enactment of this section, the Commission shall complete an
inquiry to seek public comment on whether and how the
Commission should--
``(A) establish procedures for allowing a bipartisan
majority of Commissioners to place an order, decision,
report, or action on the agenda of an open meeting;
``(B) establish procedures for informing all Commissioners
of a reasonable number of options available to the Commission
for resolving a petition, complaint, application, rulemaking,
or other proceeding;
``(C) establish procedures for ensuring that all
Commissioners have adequate time, prior to being required to
decide a petition, complaint, application, rulemaking, or
other proceeding (including at a meeting held pursuant to
section 5(d)), to review the proposed Commission decision
document, including the specific language of any proposed
rule or any proposed amendment of an existing rule;
``(D) establish procedures for publishing the text of
agenda items to be voted on at an open meeting in advance of
such meeting so that the public has the opportunity to read
the text before a vote is taken;
``(E) establish deadlines (relative to the date of filing)
for disposition of applications for a license under section
1.913 of title 47, Code of Federal Regulations;
``(F) assign resources needed in order to meet the
deadlines described in subparagraph (E), including whether
the Commission's ability to meet such deadlines would be
enhanced by assessing a fee from applicants for such a
license; and
``(G) except as otherwise provided in section 4(p), publish
each order, decision, report, or action not later than 30
days after the date of the adoption of such order, decision,
report, or action.
``(4) Data for performance measures.--The Commission shall
develop a performance measure or proposed performance measure
required by this subsection to rely, where possible, on data
already collected by the Commission.
``(5) GAO audit.--Not less frequently than every 6 months,
the Comptroller General of the United States shall audit the
cost estimates provided by the Commission under paragraph
(2)(D)(iii) during the preceding 6-month period.
``(b) Periodic Review.--On the date that is 5 years after
the completion of the rulemaking proceeding under subsection
(a)(1), and every 5 years thereafter, the Commission shall
initiate a new rulemaking proceeding to continue to consider
such procedural changes to its rules as may be in the public
interest to maximize opportunities for public participation
and efficient decisionmaking.
``(c) Nonpublic Collaborative Discussions.--
``(1) In general.--Notwithstanding section 552b of title 5,
United States Code, a bipartisan majority of Commissioners
may hold a meeting that is closed to the public to discuss
official business if--
``(A) a vote or any other agency action is not taken at
such meeting;
``(B) each person present at such meeting is a
Commissioner, an employee of the Commission, a member of a
joint board or conference established under section 410, or a
person on the staff of such a joint board or conference or of
a member of such a joint board or conference; and
``(C) an attorney from the Office of General Counsel of the
Commission is present at such meeting.
``(2) Disclosure of nonpublic collaborative discussions.--
Not later than 2 business days after the conclusion of a
meeting held under paragraph (1), the Commission shall
publish a disclosure of such meeting, including--
``(A) a list of the persons who attended such meeting; and
``(B) a summary of the matters discussed at such meeting,
except for such matters as the Commission determines may be
withheld under section 552b(c) of title 5, United States
Code.
``(3) Preservation of open meetings requirements for agency
action.--Nothing in this subsection shall limit the
applicability of section 552b of title 5, United States Code,
with respect to a meeting of Commissioners other than that
described in paragraph (1).
``(d) Access to Certain Information on Commission's
Website.--The Commission shall provide direct access from the
homepage of its website to--
``(1) detailed information regarding--
``(A) the budget of the Commission for the current fiscal
year;
``(B) the appropriations for the Commission for such fiscal
year; and
``(C) the total number of full-time equivalent employees of
the Commission; and
``(2) the performance plan most recently made available by
the Commission under section 1115(b) of title 31, United
States Code.
``(e) Internet Publication of Certain FCC Policies and
Procedures.--The chairman of the Commission shall--
``(1) publish on the Internet website of the Commission any
policies or procedures of the Commission that--
``(A) are established by the chairman; and
``(B) relate to the functioning of the Commission or the
handling of the agenda of the Commission; and
``(2) update such publication not later than 48 hours after
the chairman makes changes to any such policies or
procedures.
``(f) Federal Register Publication.--
``(1) In general.--In the case of any document adopted by
the Commission that the Commission is required, under any
provision of law, to publish in the Federal Register, the
Commission shall, not later than the date described in
paragraph (2), complete all Commission actions necessary for
such document to be so published.
``(2) Date described.--The date described in this paragraph
is the earlier of--
``(A) the day that is 45 days after the date of the release
of the document; or
``(B) the day by which such actions must be completed to
comply with any deadline under any other provision of law.
``(3) No effect on deadlines for publication in other
form.--In the case of a deadline that does not specify that
the form of publication is publication in the Federal
Register, the Commission may comply with such deadline by
publishing the document in another form. Such other form of
publication does not relieve the Commission of any Federal
Register publication requirement applicable to such document,
including the requirement of paragraph (1).
``(g) Consumer Complaint Database.--
``(1) In general.--In evaluating and processing consumer
complaints, the Commission shall present information about
such complaints in a publicly available, searchable database
on its website that--
``(A) facilitates easy use by consumers; and
``(B) to the extent practicable, is sortable and accessible
by--
[[Page H5941]]
``(i) the date of the filing of the complaint;
``(ii) the topic of the complaint;
``(iii) the party complained of; and
``(iv) other elements that the Commission considers in the
public interest.
``(2) Duplicative complaints.--In the case of multiple
complaints arising from the same alleged misconduct, the
Commission shall be required to include only information
concerning one such complaint in the database described in
paragraph (1).
``(h) Form of Publication.--
``(1) In general.--In complying with a requirement of this
section to publish a document, the Commission shall publish
such document on its website, in addition to publishing such
document in any other form that the Commission is required to
use or is permitted to and chooses to use.
``(2) Exception.--The Commission shall by rule establish
procedures for redacting documents required to be published
by this section so that the published versions of such
documents do not contain--
``(A) information the publication of which would be
detrimental to national security, homeland security, law
enforcement, or public safety; or
``(B) information that is proprietary or confidential.
``(i) Transparency Relating to Performance in Meeting FOIA
Requirements.--The Commission shall take additional steps to
inform the public about its performance and efficiency in
meeting the disclosure and other requirements of section 552
of title 5, United States Code (commonly referred to as the
Freedom of Information Act), including by doing the
following:
``(1) Publishing on the Commission's website the
Commission's logs for tracking, responding to, and managing
requests submitted under such section, including the
Commission's fee estimates, fee categories, and fee request
determinations.
``(2) Releasing to the public all decisions made by the
Commission (including decisions made by the Commission's
Bureaus and Offices) granting or denying requests filed under
such section, including any such decisions pertaining to the
estimate and application of fees assessed under such section.
``(3) Publishing on the Commission's website electronic
copies of documents released under such section.
``(4) Presenting information about the Commission's
handling of requests under such section in the Commission's
annual budget estimates submitted to Congress and the
Commission's annual performance and financial reports. Such
information shall include the number of requests under such
section the Commission received in the most recent fiscal
year, the number of such requests granted and denied, a
comparison of the Commission's processing of such requests
over at least the previous 3 fiscal years, and a comparison
of the Commission's results with the most recent average for
the United States Government as published on www.foia.gov.
``(j) Prompt Release of Statistical Reports and Reports to
Congress.--Not later than January 15th of each year, the
Commission shall identify, catalog, and publish an
anticipated release schedule for all statistical reports and
reports to Congress that are regularly or intermittently
released by the Commission and will be released during such
year.
``(k) Annual Scorecard Reports.--
``(1) In general.--For the 1-year period beginning on
January 1st of each year, the Commission shall prepare a
report on the performance of the Commission in conducting its
proceedings and meeting the deadlines established under
subsection (a)(2)(E) and the guidelines established under
subsection (a)(2)(F).
``(2) Contents.--Each report required by paragraph (1)
shall contain detailed statistics on such performance,
including, with respect to each Bureau of the Commission--
``(A) with respect to each type of filing specified in
subsection (a)(2)(E) or (a)(2)(F)--
``(i) the number of filings that were pending on the last
day of the period covered by such report;
``(ii) the number of filings described in clause (i) for
which each applicable deadline or guideline established under
such subsection was not met and the average length of time
such filings have been pending; and
``(iii) for filings that were resolved during such period,
the average time between initiation and resolution and the
percentage for which each applicable deadline or guideline
established under such subsection was met;
``(B) with respect to proceedings before an administrative
law judge--
``(i) the number of such proceedings completed during such
period; and
``(ii) the number of such proceedings pending on the last
day of such period; and
``(C) the number of independent studies or analyses
published by the Commission during such period.
``(3) Publication and submission.--The Commission shall
publish and submit to the Committee on Energy and Commerce of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate each report
required by paragraph (1) not later than the date that is 30
days after the last day of the period covered by such report.
``(l) Definitions.--In this section:
``(1) Amendment.--The term `amendment' includes, when used
with respect to an existing rule, the deletion of such rule.
``(2) Bipartisan majority.--The term `bipartisan majority'
means, when used with respect to a group of Commissioners,
that such group--
``(A) is a group of three or more Commissioners; and
``(B) includes, for each political party of which any
Commissioner is a member, at least one Commissioner who is a
member of such political party, and, if any Commissioner has
no political party affiliation, at least one unaffiliated
Commissioner.
``(3) Performance measure.--The term `performance measure'
means an objective and quantifiable outcome measure or output
measure (as such terms are defined in section 1115 of title
31, United States Code).
``(4) Program activity.--The term `program activity' has
the meaning given such term in section 1115 of title 31,
United States Code, except that such term also includes any
annual collection or distribution or related series of
collections or distributions by the Commission of an amount
that is greater than or equal to $100,000,000.
``(5) Other definitions.--The terms `agency action', `ex
parte communication', and `rule' have the meanings given such
terms in section 551 of title 5, United States Code.''.
(b) Effective Dates and Implementing Rules.--
(1) Effective dates.--
(A) Nonpublic collaborative discussions.--Subsection (c) of
section 13 of the Communications Act of 1934, as added by
subsection (a), shall apply beginning on the first date on
which all of the procedural changes to the rules of the
Commission required by subsection (a)(1) of such section have
taken effect.
(B) Report release schedules.--Subsection (j) of such
section 13 shall apply with respect to 2017 and any year
thereafter.
(C) Annual scorecard reports.--Subsection (k) of such
section 13 shall apply with respect to 2016 and any year
thereafter.
(D) Internet publication of certain fcc policies and
procedures.--Subsection (e) of such section 13 shall apply
beginning on the date that is 30 days after the date of the
enactment of this Act.
(2) Rules.--Except as otherwise provided in such section
13, the Commission shall promulgate any rules necessary to
carry out such section not later than 1 year after the date
of the enactment of this Act.
SEC. 102. CATEGORIZATION OF TCPA INQUIRIES AND COMPLAINTS IN
QUARTERLY REPORT.
In compiling its quarterly report with respect to informal
consumer inquiries and complaints, the Commission may not
categorize an inquiry or complaint with respect to section
227 of the Communications Act of 1934 (47 U.S.C. 227) as
being a wireline inquiry or complaint or a wireless inquiry
or complaint unless the party whose conduct is the subject of
the inquiry or complaint is a wireline carrier or a wireless
carrier, respectively.
SEC. 103. EFFECT ON OTHER LAWS.
Nothing in this title or the amendments made by this title
shall relieve the Commission from any obligations under title
5, United States Code, except where otherwise expressly
provided.
SEC. 104. APPLICATION OF ANTIDEFICIENCY ACT TO UNIVERSAL
SERVICE PROGRAM.
Section 302 of Public Law 108-494 (118 Stat. 3998) is
amended by striking ``December 31, 2017'' each place it
appears and inserting ``December 31, 2020''.
SEC. 105. REPORT ON IMPROVING SMALL BUSINESS PARTICIPATION IN
FCC PROCEEDINGS.
Not later than 1 year after the date of the enactment of
this Act, the Commission, in consultation with the
Administrator of the Small Business Administration, shall
submit to Congress a report on--
(1) actions that the Commission will take to improve the
participation of small businesses in the proceedings of the
Commission; and
(2) recommendations for any legislation that the Commission
considers appropriate to improve such participation.
SEC. 106. TIMELY AVAILABILITY OF ITEMS ADOPTED BY VOTE OF THE
COMMISSION.
(a) Amendment.--Section 4 of the Communications Act of 1934
(47 U.S.C. 154) is amended by adding at the end the
following:
``(p) In the case of any item that is adopted by vote of
the Commission, the Commission shall publish on the Internet
website of the Commission the text of such item not later
than 24 hours after the Secretary of the Commission has
received dissenting statements from all Commissioners wishing
to submit such a statement with respect to such item.''.
(b) Effective Date.--The amendment made by this section
shall apply with respect to an item that is adopted after the
date that is 30 days after the date of the enactment of this
Act.
TITLE II--FEDERAL COMMUNICATIONS COMMISSION CONSOLIDATED REPORTING
SEC. 201. COMMUNICATIONS MARKETPLACE REPORT.
Title I of the Communications Act of 1934 (47 U.S.C. 151 et
seq.), as amended by section 101(a), is further amended by
adding at the end the following:
``SEC. 14. COMMUNICATIONS MARKETPLACE REPORT.
``(a) In General.--In the last quarter of every even-
numbered year, the Commission shall publish on its website
and submit to
[[Page H5942]]
the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the state of the
communications marketplace.
``(b) Contents.--Each report required by subsection (a)
shall--
``(1) assess the state of competition in the communications
marketplace, including competition to deliver voice, video,
audio, and data services among providers of
telecommunications, providers of commercial mobile service
(as defined in section 332), multichannel video programming
distributors (as defined in section 602), broadcast stations,
providers of satellite communications, Internet service
providers, and other providers of communications services;
``(2) assess the state of deployment of communications
capabilities, including advanced telecommunications
capability (as defined in section 706 of the
Telecommunications Act of 1996 (47 U.S.C. 1302)), regardless
of the technology used for such deployment, including whether
advanced telecommunications capability is being deployed to
all Americans in a reasonable and timely fashion;
``(3) assess whether laws, regulations, or regulatory
practices (whether those of the Federal Government, States,
political subdivisions of States, Indian tribes or tribal
organizations (as such terms are defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304)), or foreign governments) pose a barrier to
competitive entry into the communications marketplace or to
the competitive expansion of existing providers of
communications services;
``(4) describe the agenda of the Commission for the next 2-
year period for addressing the challenges and opportunities
in the communications marketplace that were identified
through the assessments under paragraphs (1) through (3); and
``(5) describe the actions that the Commission has taken in
pursuit of the agenda described pursuant to paragraph (4) in
the previous report submitted under this section.
``(c) Extension.--If the President designates a
Commissioner as Chairman of the Commission during the last
quarter of an even-numbered year, the portion of the report
required by subsection (b)(4) may be published on the website
of the Commission and submitted to the Committee on Energy
and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate as an addendum during the first quarter of the
following odd-numbered year.
``(d) Special Requirements.--
``(1) Assessing competition.--In assessing the state of
competition under subsection (b)(1), the Commission shall
consider all forms of competition, including the effect of
intermodal competition, facilities-based competition, and
competition from new and emergent communications services,
including the provision of content and communications using
the Internet.
``(2) Assessing deployment.--In assessing the state of
deployment under subsection (b)(2), the Commission shall
compile a list of geographical areas that are not served by
any provider of advanced telecommunications capability.
``(3) International comparisons and demographic
information.--The Commission may use readily available data
to draw appropriate comparisons between the United States
communications marketplace and the international
communications marketplace and to correlate its assessments
with demographic information.
``(4) Considering small businesses.--In assessing the state
of competition under subsection (b)(1) and regulatory
barriers under subsection (b)(3), the Commission shall
consider market entry barriers for entrepreneurs and other
small businesses in the communications marketplace in
accordance with the national policy under section 257(b).
``(5) Considering cable rates.--In assessing the state of
competition under subsection (b)(1), the Commission shall
include in each report required by subsection (a) the
aggregate average total amount paid by cable systems in
compensation under section 325 during the period covered by
such report.''.
SEC. 202. CONSOLIDATION OF REDUNDANT REPORTS; CONFORMING
AMENDMENTS.
(a) ORBIT Act Report.--Section 646 of the Communications
Satellite Act of 1962 (47 U.S.C. 765e; 114 Stat. 57) is
repealed.
(b) Satellite Competition Report.--Section 4 of Public Law
109-34 (47 U.S.C. 703) is repealed.
(c) International Broadband Data Report.--Section 103 of
the Broadband Data Improvement Act (47 U.S.C. 1303) is
amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c) through (e) as
subsections (b) through (d), respectively.
(d) Status of Competition in the Market for the Delivery of
Video Programming Report.--Section 628 of the Communications
Act of 1934 (47 U.S.C. 548) is amended--
(1) by striking subsection (g);
(2) by redesignating subsection (j) as subsection (g); and
(3) by transferring subsection (g) (as redesignated) so
that it appears after subsection (f).
(e) Report on Cable Industry Prices.--
(1) In general.--Section 623 of the Communications Act of
1934 (47 U.S.C. 543) is amended--
(A) by striking subsection (k); and
(B) by redesignating subsections (l) through (o) as
subsections (k) through (n), respectively.
(2) Conforming amendment.--Section 613(a)(3) of the
Communications Act of 1934 (47 U.S.C. 533(a)(3)) is amended
by striking ``623(l)'' and inserting ``623(k)''.
(f) Triennial Report Identifying and Eliminating Market
Entry Barriers for Entrepreneurs and Other Small
Businesses.--Section 257 of the Communications Act of 1934
(47 U.S.C. 257) is amended by striking subsection (c).
(g) Section 706 Report.--Section 706 of the
Telecommunications Act of 1996 (47 U.S.C. 1302) is amended--
(1) by amending subsection (b) to read as follows:
``(b) Determination.--If the Commission determines in its
report under section 14 of the Communications Act of 1934,
after considering the availability of advanced
telecommunications capability to all Americans (including, in
particular, elementary and secondary schools and classrooms),
that advanced telecommunications capability is not being
deployed to all Americans in a reasonable and timely fashion,
the Commission shall take immediate action to accelerate
deployment of such capability by removing barriers to
infrastructure investment and by promoting competition in the
telecommunications market.'';
(2) by striking subsection (c);
(3) in subsection (d), by striking ``this subsection'' and
inserting ``this section''; and
(4) by redesignating subsection (d) as subsection (c).
(h) State of Competitive Market Conditions With Respect to
Commercial Mobile Radio Services.--Section 332(c)(1)(C) of
the Communications Act of 1934 (47 U.S.C. 332(c)(1)(C)) is
amended by striking the first and second sentences.
(i) Previously Eliminated Annual Report.--
(1) In general.--Section 4 of the Communications Act of
1934 (47 U.S.C. 154), as amended by section 106(a), is
further amended--
(A) by striking subsection (k); and
(B) by redesignating subsections (l) through (p) as
subsections (k) through (o), respectively.
(2) Conforming amendments.--The Communications Act of 1934
(47 U.S.C. 151 et seq.) is amended--
(A) in section 9(i), by striking ``In the Commission's
annual report, the Commission shall prepare an analysis of
its progress in developing such systems and'' and inserting
``The Commission''; and
(B) in section 309(j)(8)(B), by striking the last sentence.
(j) Additional Outdated Reports.--The Communications Act of
1934 is further amended--
(1) in section 4--
(A) in subsection (b)(2)(B)(ii), by striking ``and shall
furnish notice of such action'' and all that follows through
``subject of the waiver''; and
(B) in subsection (g), by striking paragraph (2);
(2) in section 215--
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection (b);
(3) in section 227(e), by striking paragraph (4);
(4) in section 309(j)--
(A) by striking paragraph (12); and
(B) in paragraph (15)(C), by striking clause (iv);
(5) in section 331(b), by striking the last sentence;
(6) in section 336(e), by amending paragraph (4) to read as
follows:
``(4) Report.--The Commission shall annually advise the
Congress on the amounts collected pursuant to the program
required by this subsection.'';
(7) in section 339(c), by striking paragraph (1);
(8) in section 396--
(A) by striking subsection (i);
(B) in subsection (k)--
(i) in paragraph (1), by striking subparagraph (F); and
(ii) in paragraph (3)(B)(iii), by striking subclause (V);
(C) in subsection (l)(1)(B), by striking ``shall be
included'' and all that follows through ``The audit report'';
and
(D) by striking subsection (m);
(9) in section 398(b)(4), by striking the third sentence;
(10) in section 624A(b)(1)--
(A) by striking ``Report; regulations'' and inserting
``Regulations'';
(B) by striking ``Within 1 year after'' and all that
follows through ``on means of assuring'' and inserting ``The
Commission shall issue such regulations as are necessary to
assure''; and
(C) by striking ``Within 180 days after'' and all that
follows through ``to assure such compatibility.''; and
(11) in section 713, by striking subsection (a).
SEC. 203. EFFECT ON AUTHORITY.
Nothing in this title or the amendments made by this title
shall be construed to expand or contract the authority of the
Commission.
SEC. 204. OTHER REPORTS.
Nothing in this title or the amendments made by this title
shall be construed to prohibit or otherwise prevent the
Commission from producing any additional reports otherwise
within the authority of the Commission.
[[Page H5943]]
TITLE III--SMALL BUSINESS BROADBAND DEPLOYMENT
SEC. 301. EXCEPTION TO ENHANCEMENT TO TRANSPARENCY
REQUIREMENTS FOR SMALL BUSINESSES.
(a) In General.--The enhancements to the transparency rule
of the Commission under section 8.3 of title 47, Code of
Federal Regulations, as described in paragraphs 162 through
184 of the Report and Order on Remand, Declaratory Ruling,
and Order of the Commission with regard to protecting and
promoting the open Internet (adopted February 26, 2015) (FCC
15-24), shall not apply to any small business.
(b) Sunset.--Subsection (a) shall not have any force or
effect after the date that is 5 years after the date of the
enactment of this Act.
(c) Report by FCC.--Not later than 180 days after the date
of the enactment of this Act, the Commission shall submit to
the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report that contains the
recommendations of the Commission (and data supporting such
recommendations) regarding--
(1) whether the exception provided by subsection (a) should
be made permanent; and
(2) whether the definition of the term ``small business''
for purposes of such exception should be modified from the
definition in subsection (d)(2).
(d) Definitions.--In this section:
(1) Broadband internet access service.--The term
``broadband Internet access service'' has the meaning given
such term in section 8.2 of title 47, Code of Federal
Regulations.
(2) Small business.--The term ``small business'' means any
provider of broadband Internet access service that has not
more than 250,000 subscribers.
TITLE IV--KARI'S LAW
SEC. 401. SHORT TITLE.
This title may be cited as the ``Kari's Law Act of 2016''.
SEC. 402. CONFIGURATION OF MULTI-LINE TELEPHONE SYSTEMS FOR
DIRECT DIALING OF 9-1-1.
(a) In General.--Title VII of the Communications Act of
1934 (47 U.S.C. 601 et seq.) is amended by adding at the end
the following:
``SEC. 721. CONFIGURATION OF MULTI-LINE TELEPHONE SYSTEMS FOR
DIRECT DIALING OF 9-1-1.
``(a) System Manufacture, Importation, Sale, and Lease.--A
person engaged in the business of manufacturing, importing,
selling, or leasing multi-line telephone systems may not
manufacture or import for use in the United States, or sell
or lease or offer to sell or lease in the United States, a
multi-line telephone system, unless such system is pre-
configured such that, when properly installed in accordance
with subsection (b), a user may directly initiate a call to
9-1-1 from any station equipped with dialing facilities,
without dialing any additional digit, code, prefix, or post-
fix, including any trunk-access code such as the digit `9',
regardless of whether the user is required to dial such a
digit, code, prefix, or post-fix for other calls.
``(b) System Installation, Management, and Operation.--A
person engaged in the business of installing, managing, or
operating multi-line telephone systems may not install,
manage, or operate for use in the United States such a
system, unless such system is configured such that a user may
directly initiate a call to 9-1-1 from any station equipped
with dialing facilities, without dialing any additional
digit, code, prefix, or post-fix, including any trunk-access
code such as the digit `9', regardless of whether the user is
required to dial such a digit, code, prefix, or post-fix for
other calls.
``(c) On-Site Notification.--A person engaged in the
business of installing, managing, or operating multi-line
telephone systems shall, in installing, managing, or
operating such a system for use in the United States,
configure the system to provide a notification to a central
location at the facility where the system is installed or to
another person or organization regardless of location, if the
system is able to be configured to provide the notification
without an improvement to the hardware or software of the
system.
``(d) Effect on State Law.--Nothing in this section is
intended to alter the authority of State commissions or other
State or local agencies with jurisdiction over emergency
communications, if the exercise of such authority is not
inconsistent with this Act.
``(e) Enforcement.--This section shall be enforced under
title V, except that section 501 applies only to the extent
that such section provides for the punishment of a fine.
``(f) Multi-Line Telephone System Defined.--In this
section, the term `multi-line telephone system' has the
meaning given such term in section 6502 of the Middle Class
Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1471).''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2),
section 721 of the Communications Act of 1934, as added by
subsection (a) of this section, shall apply beginning on the
date that is 2 years after the date of the enactment of this
Act.
(2) Exception.--Subsection (b) or (c) of such section 721
shall not apply to a multi-line telephone system that was
installed before the date that is 2 years after the date of
the enactment of this Act if such system is not able to be
configured to meet the requirement of such subsection (b) or
(c), respectively, without an improvement to the hardware or
software of the system.
TITLE V--SECURING ACCESS TO NETWORKS IN DISASTERS
SEC. 501. STUDY ON NETWORK RESILIENCY.
Not later than 36 months after the date of enactment of
this Act, the Commission shall submit to Congress, and make
publically available on the Commission's website, a study on
the public safety benefits and technical feasibility and cost
of--
(1) making telecommunications service provider-owned WiFi
access points, and other communications technologies
operating on unlicensed spectrum, available to the general
public for access to 9-1-1 services, without requiring any
login credentials, during times of emergency when mobile
service is unavailable;
(2) the provision by non-telecommunications service
provider-owned WiFi access points of public access to 9-1-1
services during times of emergency when mobile service is
unavailable; and
(3) other alternative means of providing the public with
access to 9-1-1 services during times of emergency when
mobile service is unavailable.
SEC. 502. ACCESS TO ESSENTIAL SERVICE PROVIDERS DURING
FEDERALLY DECLARED EMERGENCIES.
Section 427(a)(1)(A) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5189e(a)(1)(A)) is amended by striking ``telecommunications
service'' and inserting ``wireline or mobile telephone
service, Internet access service, radio or television
broadcasting, cable service, or direct broadcast satellite
service''.
SEC. 503. DEFINITIONS.
As used in this title--
(1) the term ``mobile service'' means commercial mobile
service (as defined in section 332 of the Communications Act
of 1934 (47 U.S.C. 332)) or commercial mobile data service
(as defined in section 6001 of the Middle Class Tax Relief
and Job Creation Act of 2012 (47 U.S.C. 1401));
(2) the term ``WiFi access point'' means wireless Internet
access using the standard designated as 802.11 or any variant
thereof; and
(3) the term ``times of emergency'' means either an
emergency as defined in section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122), or an emergency as declared by the governor of a State
or territory of the United States.
TITLE VI--SPOOFING PREVENTION
SEC. 601. SPOOFING PREVENTION.
(a) Expanding and Clarifying Prohibition on Misleading or
Inaccurate Caller Identification Information.--
(1) Communications from outside the united states.--Section
227(e)(1) of the Communications Act of 1934 (47 U.S.C.
227(e)(1)) is amended by striking ``in connection with any
telecommunications service or IP-enabled voice service'' and
inserting ``or any person outside the United States if the
recipient is within the United States, in connection with any
voice service or text messaging service''.
(2) Coverage of text messages and voice services.--Section
227(e)(8) of the Communications Act of 1934 (47 U.S.C.
227(e)(8)) is amended--
(A) in subparagraph (A), by striking ``telecommunications
service or IP-enabled voice service'' and inserting ``voice
service or a text message sent using a text messaging
service'';
(B) in the first sentence of subparagraph (B), by striking
``telecommunications service or IP-enabled voice service''
and inserting ``voice service or a text message sent using a
text messaging service''; and
(C) by striking subparagraph (C) and inserting the
following:
``(C) Text message.--The term `text message'--
``(i) means a message consisting of text, images, sounds,
or other information that is transmitted to or from a device
that is identified as the receiving or transmitting device by
means of a 10-digit telephone number or N11 service code;
``(ii) includes a short message service (commonly referred
to as `SMS') message and a multimedia message service
(commonly referred to as `MMS') message; and
``(iii) does not include--
``(I) a real-time, 2-way voice or video communication; or
``(II) a message sent over an IP-enabled messaging service
to another user of the same messaging service, except a
message described in clause (ii).
``(D) Text messaging service.--The term `text messaging
service' means a service that enables the transmission or
receipt of a text message, including a service provided as
part of or in connection with a voice service.
``(E) Voice service.--The term `voice service'--
``(i) means any service that is interconnected with the
public switched telephone network and that furnishes voice
communications to an end user using resources from the North
American Numbering Plan or any successor to the North
American Numbering Plan adopted by the Commission under
section 251(e)(1); and
``(ii) includes transmissions from a telephone facsimile
machine, computer, or other device to a telephone facsimile
machine.''.
(3) Technical amendment.--Section 227(e) of the
Communications Act of 1934 (47 U.S.C.
[[Page H5944]]
227(e)) is amended in the heading by inserting ``Misleading
or'' before ``Inaccurate''.
(4) Regulations.--
(A) In general.--Section 227(e)(3)(A) of the Communications
Act of 1934 (47 U.S.C. 227(e)(3)(A)) is amended by striking
``Not later than 6 months after the date of enactment of the
Truth in Caller ID Act of 2009, the Commission'' and
inserting ``The Commission''.
(B) Deadline.--The Commission shall prescribe regulations
to implement the amendments made by this subsection not later
than 18 months after the date of enactment of this Act.
(5) Effective date.--The amendments made by this subsection
shall take effect on the date that is 6 months after the date
on which the Commission prescribes regulations under
paragraph (4).
(b) Consumer Education Materials on How to Avoid Scams That
Rely Upon Misleading or Inaccurate Caller Identification
Information.--
(1) Development of materials.--Not later than 1 year after
the date of enactment of this Act, the Commission, in
coordination with the Federal Trade Commission, shall develop
consumer education materials that provide information about--
(A) ways for consumers to identify scams and other
fraudulent activity that rely upon the use of misleading or
inaccurate caller identification information; and
(B) existing technologies, if any, that a consumer can use
to protect against such scams and other fraudulent activity.
(2) Contents.--In developing the consumer education
materials under paragraph (1), the Commission shall--
(A) identify existing technologies, if any, that can help
consumers guard themselves against scams and other fraudulent
activity that rely upon the use of misleading or inaccurate
caller identification information, including--
(i) descriptions of how a consumer can use the technologies
to protect against such scams and other fraudulent activity;
and
(ii) details on how consumers can access and use the
technologies; and
(B) provide other information that may help consumers
identify and avoid scams and other fraudulent activity that
rely upon the use of misleading or inaccurate caller
identification information.
(3) Updates.--The Commission shall ensure that the consumer
education materials required under paragraph (1) are updated
on a regular basis.
(4) Website.--The Commission shall include the consumer
education materials developed under paragraph (1) on its
website.
(c) GAO Report on Combating the Fraudulent Provision of
Misleading or Inaccurate Caller Identification Information.--
(1) In general.--The Comptroller General of the United
States shall conduct a study of the actions the Commission
and the Federal Trade Commission have taken to combat the
fraudulent provision of misleading or inaccurate caller
identification information, and the additional measures that
could be taken to combat such activity.
(2) Required considerations.--In conducting the study under
paragraph (1), the Comptroller General shall examine--
(A) trends in the types of scams that rely on misleading or
inaccurate caller identification information;
(B) previous and current enforcement actions by the
Commission and the Federal Trade Commission to combat the
practices prohibited by section 227(e)(1) of the
Communications Act of 1934 (47 U.S.C. 227(e)(1));
(C) current efforts by industry groups and other entities
to develop technical standards to deter or prevent the
fraudulent provision of misleading or inaccurate caller
identification information, and how such standards may help
combat the current and future provision of misleading or
inaccurate caller identification information; and
(D) whether there are additional actions the Commission,
the Federal Trade Commission, and Congress should take to
combat the fraudulent provision of misleading or inaccurate
caller identification information.
(3) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General shall submit
to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the findings of the
study under paragraph (1), including any recommendations
regarding combating the fraudulent provision of misleading or
inaccurate caller identification information.
(d) Rule of Construction.--Nothing in this section, or the
amendments made by this section, shall be construed to
modify, limit, or otherwise affect any rule or order adopted
by the Commission in connection with--
(1) the Telephone Consumer Protection Act of 1991 (Public
Law 102-243; 105 Stat. 2394) or the amendments made by that
Act; or
(2) the CAN-SPAM Act of 2003 (15 U.S.C. 7701 et seq.).
TITLE VII--AMATEUR RADIO PARITY
SEC. 701. FINDINGS.
Congress finds the following:
(1) More than 730,000 radio amateurs in the United States
are licensed by the Commission in the amateur radio services.
(2) Amateur radio, at no cost to taxpayers, provides a
fertile ground for technical self-training in modern
telecommunications, electronics technology, and emergency
communications techniques and protocols.
(3) There is a strong Federal interest in the effective
performance of amateur stations established at the residences
of licensees. Such stations have been shown to be frequently
and increasingly precluded by unreasonable private land use
restrictions, including restrictive covenants.
(4) Commission regulations have for three decades
prohibited the application to stations in the amateur service
of State and local regulations that preclude or fail to
reasonably accommodate amateur service communications, or
that do not constitute the minimum practicable regulation to
accomplish a legitimate State or local purpose. Commission
policy has been and is to require States and localities to
permit erection of a station antenna structure at heights and
dimensions sufficient to accommodate amateur service
communications.
(5) The Commission has sought guidance and direction from
Congress with respect to the application of the Commission's
limited preemption policy regarding amateur service
communications to private land use restrictions, including
restrictive covenants.
(6) There are aesthetic and common property considerations
that are uniquely applicable to private land use regulations
and the community associations obligated to enforce
covenants, conditions, and restrictions in deed-restricted
communities. These considerations are dissimilar to those
applicable to State law and local ordinances regulating the
same residential amateur radio facilities.
(7) In recognition of these considerations, a separate
Federal policy than exists at section 97.15(b) of title 47,
Code of Federal Regulations, is warranted concerning amateur
service communications in deed-restricted communities.
(8) Community associations should fairly administer private
land use regulations in the interest of their communities,
while nevertheless permitting the installation and
maintenance of effective outdoor amateur radio antennas.
There exist antenna designs and installations that can be
consistent with the aesthetics and physical characteristics
of land and structures in community associations while
accommodating communications in the amateur radio services.
SEC. 702. APPLICATION OF PRIVATE LAND USE RESTRICTIONS TO
AMATEUR STATIONS.
(a) Amendment of FCC Rules.--Not later than 120 days after
the date of the enactment of this Act, the Commission shall
amend section 97.15 of title 47, Code of Federal Regulations,
by adding a new paragraph that prohibits the application to
amateur stations of any private land use restriction,
including a restrictive covenant, that--
(1) on its face or as applied, precludes communications in
an amateur radio service;
(2) fails to permit a licensee in an amateur radio service
to install and maintain an effective outdoor antenna on
property under the exclusive use or control of the licensee;
or
(3) does not constitute the minimum practicable restriction
on such communications to accomplish the lawful purposes of a
community association seeking to enforce such restriction.
(b) Additional Requirements.--In amending its rules as
required by subsection (a), the Commission shall--
(1) require any licensee in an amateur radio service to
notify and obtain prior approval from a community association
concerning installation of an outdoor antenna;
(2) permit a community association to prohibit installation
of any antenna or antenna support structure by a licensee in
an amateur radio service on common property not under the
exclusive use or control of the licensee; and
(3) subject to the standards specified in paragraphs (1)
and (2) of subsection (a), permit a community association to
establish reasonable written rules concerning height,
location, size, and aesthetic impact of, and installation
requirements for, outdoor antennas and support structures for
the purpose of conducting communications in the amateur radio
services.
SEC. 703. AFFIRMATION OF LIMITED PREEMPTION OF STATE AND
LOCAL LAND USE REGULATION.
The Commission may not change section 97.15(b) of title 47,
Code of Federal Regulations, which shall remain applicable to
State and local land use regulation of amateur service
communications.
SEC. 704. DEFINITIONS.
In this title:
(1) Community association.--The term ``community
association'' means any non-profit mandatory membership
organization composed of owners of real estate described in a
declaration of covenants or created pursuant to a covenant or
other applicable law with respect to which a person, by
virtue of the person's ownership of or interest in a unit or
parcel, is obligated to pay for a share of real estate taxes,
insurance premiums, maintenance, improvement, services, or
other expenses related to common elements, other units, or
any other real estate other than the unit or parcel described
in the declaration.
(2) Terms defined in regulations.--The terms ``amateur
radio services'', ``amateur service'', and ``amateur
station'' have the meanings given such terms in section 97.3
of title 47, Code of Federal Regulations.
[[Page H5945]]
TITLE VIII--IMPROVING RURAL CALL QUALITY AND RELIABILITY
SEC. 801. ENSURING THE INTEGRITY OF VOICE COMMUNICATIONS.
Part II of title II of the Communications Act of 1934 (47
U.S.C. 251 et seq.) is amended by adding at the end the
following:
``SEC. 262. ENSURING THE INTEGRITY OF VOICE COMMUNICATIONS.
``(a) Registration and Compliance by Intermediate
Providers.--An intermediate provider that offers or holds
itself out as offering the capability to transmit covered
voice communications from one destination to another and that
charges any rate to any other entity (including an affiliated
entity) for the transmission shall--
``(1) register with the Commission; and
``(2) comply with the service quality standards for such
transmission to be established by the Commission under
subsection (c)(1)(B).
``(b) Required Use of Registered Intermediate Providers.--A
covered provider may not use an intermediate provider to
transmit covered voice communications unless such
intermediate provider is registered under subsection (a)(1).
``(c) Commission Rules.--
``(1) In general.--
``(A) Registry.--Not later than 180 days after the date of
enactment of this section, the Commission shall promulgate
rules to establish a registry to record registrations under
subsection (a)(1).
``(B) Service quality standards.--Not later than 1 year
after the date of enactment of this section, the Commission
shall promulgate rules to establish service quality standards
for the transmission of covered voice communications by
intermediate providers.
``(2) Requirements.--In promulgating the rules required by
paragraph (1), the Commission shall--
``(A) ensure the integrity of the transmission of covered
voice communications to all customers in the United States;
and
``(B) prevent unjust or unreasonable discrimination among
areas of the United States in the delivery of covered voice
communications.
``(d) Public Availability of Registry.--The Commission
shall make the registry established under subsection
(c)(1)(A) publicly available on the website of the
Commission.
``(e) Scope of Application.--The requirements of this
section shall apply regardless of the format by which any
communication or service is provided, the protocol or format
by which the transmission of such communication or service is
achieved, or the regulatory classification of such
communication or service.
``(f) Rule of Construction.--Nothing in this section shall
be construed to affect the regulatory classification of any
communication or service.
``(g) Effect on Other Laws.--Nothing in this section shall
be construed to preempt or expand the authority of a State
public utility commission or other relevant State agency to
collect data, or investigate and enforce State law and
regulations, regarding the completion of intrastate voice
communications, regardless of the format by which any
communication or service is provided, the protocol or format
by which the transmission of such communication or service is
achieved, or the regulatory classification of such
communication or service.
``(h) Exception.--The requirement under subsection (a)(2)
to comply with the service quality standards established
under subsection (c)(1)(B) shall not apply to a covered
provider that--
``(1) on or before the date that is 1 year after the date
of enactment of this section, has certified as a Safe Harbor
provider under section 64.2107(a) of title 47, Code of
Federal Regulations, or any successor regulation; and
``(2) continues to meet the requirements under such section
64.2107(a).
``(i) Definitions.--In this section:
``(1) Covered provider.--The term `covered provider' has
the meaning given the term in section 64.2101 of title 47,
Code of Federal Regulations, or any successor thereto.
``(2) Covered voice communication.--The term `covered voice
communication' means a voice communication (including any
related signaling information) that is generated--
``(A) from the placement of a call from a connection using
a North American Numbering Plan resource or a call placed to
a connection using such a numbering resource; and
``(B) through any service provided by a covered provider.
``(3) Intermediate provider.--The term `intermediate
provider' means any entity that--
``(A) enters into a business arrangement with a covered
provider or other intermediate provider for the specific
purpose of carrying, routing, or transmitting voice traffic
that is generated from the placement of a call placed--
``(i) from an end user connection using a North American
Numbering Plan resource; or
``(ii) to an end user connection using such a numbering
resource; and
``(B) does not itself, either directly or in conjunction
with an affiliate, serve as a covered provider in the context
of originating or terminating a given call.''.
Mr. WALDEN (during the reading). Mr. Speaker, I ask unanimous consent
to dispense with the reading of the amendment.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Oregon?
There was no objection.
The amendment was agreed to.
The bill was ordered to be read a third time, was read the third
time, and passed.
The title of the bill was amended so as to read: ``A bill to amend
the Communications Act of 1934 to provide for greater transparency and
efficiency in the procedures followed by the Federal Communications
Commission, to consolidate certain reporting obligations of the
Commission, and to update certain other provisions of such Act, and for
other purposes.''.
A motion to reconsider was laid on the table.
____________________