S. 253 — what changed

Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended by adding at the end the following:

“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;

changed “(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;deployment;

changed “(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. 450b)), practices, or foreign governments) demonstrated marketplace practices pose a barrier to competitive entry into the communications marketplace or to the competitive expansion of existing providers of communications services;services; and

changed “(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(3).

removed “(5) describe the actions that the Commission has taken in pursuit of the agenda described in paragraph (4) during the 2-year period to which the report applies.

“(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.

added “(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.

changed “(2) Assessing deployment—In “(3) Considering small businesses—In assessing the state of deployment competition under subsection (b)(2), (b)(1) and barriers under subsection (b)(3), the Commission shall compile a list of geographical areas that are not served by any provider of advanced telecommunications capability.consider market entry barriers for entrepreneurs and other small businesses in the communications marketplace in accordance with the national policy under section 257(b).

changed “(3) International comparisons and demographic information—The “(e) Notification of delay in report—If the Commission may use readily available data fails to draw appropriate comparisons between publish a report by the United States communications marketplace and applicable deadline under subsection (a) or (c), the international communications marketplace Commission shall, not later than 7 days after the deadline and to correlate its assessments with demographic information.every 60 days thereafter until the publication of the report—

changed “(4) Considering small businesses—In assessing the state “(1) provide notification 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 delay by letter to the national policy under section 257(b).chairperson and ranking member of—

changed “(e) Effect if deadlines not met“(A) the Committee on Energy and Commerce of the House of Representatives; and

changed “(1) Notification of Congress—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 “(B) the deadline Committee on Commerce, Science, and every 30 days thereafter until the publication Transportation of the report—Senate;

changed “(A) notify by “(2) indicate in the letter the chairperson and ranking member of—date on which the Commission anticipates the report will be published; and

changed “(i) “(3) publish the Committee letter on Energy and Commerce of the House website of Representatives; andthe Commission.”

removed “(ii) the Committee on Commerce, Science, and Transportation of the Senate;

removed “(B) describe in the letter the reasons for the delay;

removed “(C) indicate in the letter the date on which the Commission anticipates the report will be published; and

removed “(D) publish the letter on the website of the Commission.

removed “(2) No impact on effectiveness—If the Commission publishes a report after the applicable deadline under subsection (a) or (c) and complies with the requirements under paragraph (1) of this subsection with respect to the report, the Commission shall be deemed to have satisfied the requirement to publish the report by the applicable deadline.”

“(4) Report—The Commission shall annually advise the Congress on the amounts collected pursuant to the program required by this subsection.”