H.R. 4986 — what changed

“6. Authorization of appropriations

“(a) Authorization—There are authorized to be appropriated to the Commission to carry out the functions of the Commission $322,035,000 for each of the fiscal years 2019 and 2020.

“(b) Offsetting collections

changed “(1) In general—The sum appropriated in any fiscal year to carry out the activities described in subsection (a), to the extent and in the amounts provided for in advance in appropriations Appropriations Acts, shall be derived from fees authorized by section 9.

“(2) Deposit of collections—Amounts received from fees authorized by section 9 shall be deposited as an offsetting collection in, and credited to, the account through which funds are made available to carry out the activities described in subsection (a).

changed “(3) Deposit of excess collections—Any fees collected in excess of the total amount of fees provided for in appropriations Appropriations Acts for a fiscal year shall be deposited in the general fund of the Treasury of the United States for the sole purpose of deficit reduction.”

“9. Application and regulatory fees

changed “(a) General authority—The Commission shall assess and collect application fees and regulatory fees to recover the costs of carrying out the activities described in section 6(a) only to the extent and in the amounts provided for in advance in appropriations Appropriations Acts.

“(b) Application fees

“(1) In general—The Commission shall assess and collect application fees at such rates as the Commission shall establish in a schedule of application fees to recover the costs of the Commission to process applications.

“(2) Adjustment of schedule

“(A) In general—In every even-numbered year, the Commission shall review the schedule of application fees established under this subsection and, except as provided in subparagraph (B), set a new amount for each fee in the schedule that is equal to the amount of the fee on the date when the fee was established or the date when the fee was last amended under paragraph (3), whichever is later—

“(i) increased or decreased by the percentage change in the Consumer Price Index during the period beginning on such date and ending on the date of the review; and

“(ii) rounded to the nearest $5 increment.

“(B) Threshold for adjustment—The Commission may not adjust a fee under subparagraph (A) if—

“(i) in the case of a fee the current amount of which is less than $200, the adjustment would result in a change in the current amount of less than $10; or

“(ii) in the case of a fee the current amount of which is $200 or more, the adjustment would result in a change in the current amount of less than 5 percent.

“(C) Current amount defined—In subparagraph (B), the term “current amount” means, with respect to a fee, the amount of the fee on the date when the fee was established, the date when the fee was last adjusted under subparagraph (A), or the date when the fee was last amended under paragraph (3), whichever is latest.

“(3) Amendments—In addition to the adjustments required by paragraph (2), the Commission shall by rule amend the schedule of application fees established under this subsection if the Commission determines that the schedule requires amendment so that such fees reflect increases or decreases in the costs of processing applications at the Commission and the consolidation or addition of new categories of applications.

“(c) Regulatory fees

“(1) In general—The Commission shall assess and collect regulatory fees at such rates as the Commission shall establish in a schedule of regulatory fees that will result in the collection, in each fiscal year, of an amount that can reasonably be expected to equal the difference between—

“(A) the amounts described in subsection (a) with respect to such fiscal year; and

“(B) the amount of application fees reasonably expected to be collected in such fiscal year.

“(2) Adjustment of schedule

“(A) In general—For each fiscal year, the Commission shall by rule adjust the schedule of regulatory fees established under this subsection to—

“(i) reflect unexpected increases or decreases in the number of units subject to the payment of such fees; and

“(ii) result in the collection of the amount required by paragraph (1).

“(B) Rounding—In making adjustments under this paragraph, the Commission may round fees to the nearest $5 increment.

“(3) Amendments—In addition to the adjustments required by paragraph (2), the Commission shall by rule amend the schedule of regulatory fees established under this subsection if the Commission determines that the schedule requires amendment so that such fees reflect the full-time equivalent number of employees within the bureaus and offices of the Commission, adjusted to take into account factors that are reasonably related to the benefits provided to the payor of the fee by the Commission’s activities. In making an amendment under this paragraph, the Commission may not change the total amount of regulatory fees required by paragraph (1) to be collected in a fiscal year.

“(d) Judicial review prohibited—An adjustment or amendment to a schedule of fees under subsection (b) or (c) is not subject to judicial review.

“(e) Notice to Congress—The Commission shall transmit to Congress notification—

“(1) of any adjustment under subsection (b)(2) or (c)(2) immediately upon the adoption of such adjustment; and

“(2) of any amendment under subsection (b)(3) or (c)(3) not later than 90 days before the effective date of such amendment.

“(f) Enforcement

“(1) Penalties for late payment—The Commission shall by rule prescribe a penalty for late payment of fees under this section. Such penalty shall be 25 percent of the amount of the fee that was not paid in a timely manner.

“(2) Interest on unpaid fees and penalties—The Commission shall charge interest, at a rate determined under section 3717 of title 31, United States Code, on a fee or penalty under this section that is not paid in a timely manner. Such section 3717 shall not otherwise apply with respect to a fee or penalty under this section.

“(3) Dismissal of applications or filings—The Commission may dismiss any application or other filing for failure to pay in a timely manner any fee, interest, or penalty under this section.

“(4) Revocations

“(A) In general—In addition to or in lieu of the penalties and dismissals authorized by paragraphs (1) and (3), the Commission may revoke any instrument of authorization held by any licensee that has not paid in a timely manner a regulatory fee assessed under this section or any related interest or penalty.

“(B) Notice—Revocation action may be taken by the Commission under this paragraph after notice of the Commission’s intent to take such action is sent to the licensee by registered mail, return receipt requested, at the licensee’s last known address. The notice shall provide the licensee at least 30 days to either pay the fee, interest, and any penalty or show cause why the fee, interest, or penalty does not apply to the licensee or should otherwise be waived or payment deferred.

“(C) Hearing

“(i) Generally not required—A hearing is not required under this paragraph unless the licensee’s response presents a substantial and material question of fact.

“(ii) Evidence and burdens—In any case where a hearing is conducted under this paragraph, the hearing shall be based on written evidence only, and the burden of proceeding with the introduction of evidence and the burden of proof shall be on the licensee.

“(iii) Costs—Unless the licensee substantially prevails in the hearing, the Commission may assess the licensee for the costs of such hearing.

“(D) Opportunity to pay prior to revocation—Any Commission order adopted under this paragraph shall determine the amount due, if any, and provide the licensee with at least 30 days to pay that amount or have its authorization revoked.

“(E) Finality—No order of revocation under this paragraph shall become final until the licensee has exhausted its right to judicial review of such order under section 402(b)(5).

“(g) Waiver, Reduction, and Deferment—The Commission may waive, reduce, or defer payment of a fee, interest charge, or penalty in any specific instance for good cause shown, if such action would promote the public interest.

“(h) Payment rules—The Commission shall by rule permit payment—

“(1) in the case of fees in large amounts, by installments; and

“(2) in the case of fees in small amounts, in advance for a number of years not to exceed the term of the license held by the payor.

“(i) Exceptions

“(1) Parties to which fees are not applicable

“(A) Application fees—The application fees established under this section shall not be applicable to—

changed “(i) a governmental entity; orentity;

changed “(ii) a nonprofit entity licensed in the Local Government, Police, Fire, Highway Maintenance, Forestry-Conservation, Public Safety, or Special Emergency Radio service.service; or

added “(iii) a noncommercial radio station or noncommercial television station.

“(B) Regulatory fees—The regulatory fees established under this section shall not be applicable to—

removed “(i) a governmental entity or nonprofit entity; or

changed “(ii) an amateur radio operator licensee under part 97 of the Commission’s rules (47 C.F.R. part 97).“(i) a governmental entity or nonprofit entity;

added “(ii) an amateur radio operator licensee under part 97 of the Commission’s rules (47 C.F.R. part 97); or

added “(iii) a noncommercial radio station or noncommercial television station.

“(2) Cost of collection

“(A) Application fees—If, in the judgment of the Commission, the cost of collecting an application fee established under this section would exceed the amount collected, the Commission may by rule eliminate such fee.

“(B) Regulatory fees—If, in the judgment of the Commission, the cost of collecting a regulatory fee established under this section from a party would exceed the amount collected from such party, the Commission may exempt such party from paying such fee.

“(j) Accounting System—The Commission shall develop accounting systems necessary to make the amendments authorized by subsections (b)(3) and (c)(3).”

“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.

“(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;

changed “(B) establish policies concerning the submission of extensive new comments, data, or reports towards the end of the comment period;period in the proceedings described in clauses (i) and (ii) of subparagraph (A);

changed “(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 in the proceedings described in clauses (i) and (ii) of subparagraph (A) 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(o), 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—

“(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.

changed “(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).(1) and shall take any other steps the Commission finds prudent to avoid publishing inaccurate or misleading data.

“(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.”

changed “(o) 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 7 days after the Secretary of the Commission has received dissenting statements from all Commissioners wishing to submit such a statement with respect to such item.”

changed Congress finds Not later than 36 months after the following: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—

added Section 427(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189e(a)) is amended—

added “(B) is a tower owner or operator;”

changed 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.As used in this title—

changed Not later than 36 months after the date of enactment Title I of this Act, the Commission shall submit to Congress, and make publicly available on Communications Act of 1934, as amended by section 201(a), is further amended by adding at the Commission’s website, a study on end the public safety benefits and technical feasibility and cost of—following:

added “14. Communications marketplace report

added “(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.

added “(b) Contents—Each report required by subsection (a) shall—

added “(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;

added “(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;

added “(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;

added “(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

added “(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.

added “(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.

added “(d) Special requirements

added “(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 compile a list of geographical areas that are not served by any provider of advanced telecommunications capability.

added “(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.

added “(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).

added “(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.”

added “(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.”

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

removed 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”.

changed As used Nothing in this title—title or the amendments made by this title shall be construed to expand or contract the authority of the Commission.

removed Title I of the Communications Act of 1934, as amended by section 201(a), is further amended by adding at the end the following:

removed “14. Communications marketplace report

removed “(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.

removed “(b) Contents—Each report required by subsection (a) shall—

removed “(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;

removed “(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;

removed “(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;

removed “(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

removed “(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.

removed “(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.

removed “(d) Special requirements

removed “(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.

removed “(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.

removed “(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.

removed “(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).

removed “(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.”

removed “(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.”

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

added “(C) Text message—The term text message—

added “(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;

added “(ii) includes a short message service (commonly referred to as “SMS”) message and a multimedia message service (commonly referred to as “MMS”) message; and

added “(iii) does not include—

added “(I) a real-time, two-way voice or video communication; or

added “(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).

added “(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.

added “(E) Voice service—The term voice service—

added “(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

added “(ii) includes transmissions from a telephone facsimile machine, computer, or other device to a telephone facsimile machine.”

removed Nothing in this title or the amendments made by this title shall be construed to expand or contract the authority of the Commission.

removed 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.

removed 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:

removed “262. Ensuring the integrity of voice communications

removed “(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—

removed “(1) register with the Commission; and

removed “(2) comply with the service quality standards for such transmission to be established by the Commission under subsection (c)(1)(B).

removed “(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).

removed “(c) Commission rules

removed “(1) In general

removed “(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).

removed “(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.

removed “(2) Requirements—In promulgating the rules required by paragraph (1), the Commission shall—

removed “(A) ensure the integrity of the transmission of covered voice communications to all customers in the United States; and

removed “(B) prevent unjust or unreasonable discrimination among areas of the United States in the delivery of covered voice communications.

removed “(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.

removed “(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.

removed “(f) Rule of construction—Nothing in this section shall be construed to affect the regulatory classification of any communication or service.

removed “(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.

removed “(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—

removed “(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

removed “(2) continues to meet the requirements under such section 64.2107(a).

removed “(i) Definitions—In this section:

removed “(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.

removed “(2) Covered voice communication—The term covered voice communication means a voice communication (including any related signaling information) that is generated—

removed “(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

removed “(B) through any service provided by a covered provider.

removed “(3) Intermediate provider—The term intermediate provider means any entity that—

removed “(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—

removed “(i) from an end user connection using a North American Numbering Plan resource; or

removed “(ii) to an end user connection using such a numbering resource; and

removed “(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.”

removed “(C) Text message—The term text message—

removed “(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;

removed “(ii) includes a short message service (commonly referred to as “SMS”) message and a multimedia message service (commonly referred to as “MMS”) message; and

removed “(iii) does not include—

removed “(I) a real-time, two-way voice or video communication; or

removed “(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).

removed “(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.

removed “(E) Voice service—The term voice service—

removed “(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

removed “(ii) includes transmissions from a telephone facsimile machine, computer, or other device to a telephone facsimile machine.”

added The Commission shall implement and enforce this title as if this title is a part of the Communications Act of 1934 (47 U.S.C. 151 et seq.). A violation of this title, or a regulation promulgated under this title, shall be considered to be a violation of the Communications Act of 1934, or a regulation promulgated under such Act, respectively.

removed “721. Configuration of multi-line telephone systems for direct dialing of 9–1–1

removed “(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.

removed “(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.

removed “(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.

removed “(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.

removed “(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.

removed “(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).”

added Nothing in this title shall alter the final transition phase completion date established by the Commission for full power and Class A television stations.