[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4986 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 4986
To amend the Communications Act of 1934 to reauthorize appropriations
for the Federal Communications Commission, to provide for certain
procedural changes to the rules of the Commission to maximize
opportunities for public participation and efficient decisionmaking,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 8, 2018
Mrs. Blackburn introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committees on
Transportation and Infrastructure, and Oversight and Government Reform,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to reauthorize appropriations
for the Federal Communications Commission, to provide for certain
procedural changes to the rules of the Commission to maximize
opportunities for public participation and efficient decisionmaking,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``FCC
Reauthorization Act of 2018''.
(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--FCC REAUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Application and regulatory fees.
Sec. 103. Effective date.
TITLE II--FCC PROCESS REFORM
Sec. 201. FCC process reform.
Sec. 202. Categorization of TCPA inquiries and complaints in quarterly
report.
Sec. 203. Effect on other laws.
Sec. 204. Application of Antideficiency Act to Universal Service
Program.
Sec. 205. Report on improving small business participation in FCC
proceedings.
Sec. 206. Timely availability of items adopted by vote of the
Commission.
TITLE III--AMATEUR RADIO PARITY
Sec. 301. Findings.
Sec. 302. Application of private land use restrictions to amateur
stations.
Sec. 303. Affirmation of limited preemption of State and local land use
regulation.
Sec. 304. Definitions.
TITLE IV--SECURING ACCESS TO NETWORKS IN DISASTERS
Sec. 401. Study on network resiliency.
Sec. 402. Access to essential service providers during federally
declared emergencies.
Sec. 403. Definitions.
TITLE V--FCC CONSOLIDATED REPORTING
Sec. 501. Communications marketplace report.
Sec. 502. Consolidation of redundant reports; conforming amendments.
Sec. 503. Effect on authority.
Sec. 504. Other reports.
TITLE VI--ADDITIONAL PROVISIONS
Sec. 601. Independent Inspector General for FCC.
Sec. 602. Authority of Chief Information Officer.
Sec. 603. Ensuring the integrity of voice communications.
Sec. 604. Spoofing prevention.
Sec. 605. Configuration of multi-line telephone systems for direct
dialing of 9-1-1.
Sec. 606. Report on promoting broadband Internet access service for
veterans.
Sec. 607. Methodology for collection of mobile service coverage data.
Sec. 608. Accuracy of 9-1-1 call location information.
Sec. 609. Interagency Communications Security Committee.
SEC. 2. COMMISSION DEFINED.
In this Act, the term ``Commission'' means the Federal
Communications Commission.
TITLE I--FCC REAUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 6 of the Communications Act of 1934 (47
U.S.C. 156) is amended to read as follows:
``SEC. 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.--
``(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 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).
``(3) Deposit of excess collections.--Any fees collected in
excess of the total amount of fees provided for in
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.''.
(b) Deposits of Bidders To Be Deposited in Treasury.--Section
309(j)(8)(C) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(C))
is amended--
(1) in the first sentence, by striking ``an interest
bearing account'' and all that follows and inserting ``the
Treasury.'';
(2) in clause (i)--
(A) by striking ``paid to the Treasury'' and
inserting ``deposited in the general fund of the
Treasury (where such deposits shall be used for the
sole purpose of deficit reduction)''; and
(B) by striking the semicolon and inserting ``;
and'';
(3) in clause (ii), by striking ``; and'' and inserting ``,
and payments representing the return of such deposits shall not
be subject to administrative offset under section 3716(c) of
title 31, United States Code.''; and
(4) by striking clause (iii).
(c) Elimination of Duplicative Authorization of Appropriations.--
(1) In general.--Section 710 of the Telecommunications Act
of 1996 (Public Law 104-104) is repealed.
(2) Conforming amendment.--The table of contents in section
2 of such Act is amended by striking the item relating to
section 710.
(d) Transfer of Funds.--On the effective date described in section
103, any amounts in the account providing appropriations to carry out
the functions of the Commission that were collected in excess of the
amounts provided for in appropriations Acts in any fiscal year prior to
such date shall be transferred to the general fund of the Treasury of
the United States for the sole purpose of deficit reduction.
SEC. 102. APPLICATION AND REGULATORY FEES.
(a) In General.--Section 9 of the Communications Act of 1934 (47
U.S.C. 159) is amended to read as follows:
``SEC. 9. APPLICATION AND REGULATORY FEES.
``(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 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--
``(i) a governmental entity; or
``(ii) a nonprofit entity licensed in the
Local Government, Police, Fire, Highway
Maintenance, Forestry-Conservation, Public
Safety, or Special Emergency Radio service.
``(B) Regulatory fees.--The regulatory fees
established under this section shall not be applicable
to--
``(i) a governmental entity or nonprofit
entity; or
``(ii) an amateur radio operator licensee
under part 97 of the Commission's rules (47
C.F.R. part 97).
``(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).''.
(b) Conforming Amendments.--The Communications Act of 1934 (47
U.S.C. 151 et seq.) is amended--
(1) by repealing section 8; and
(2) in section 309(j)(6)(H), by striking ``charges imposed
pursuant to section 8 of this Act'' and inserting ``application
fees assessed under section 9''.
(c) Transitional Rules.--
(1) Application fees.--An application fee established under
section 8 of the Communications Act of 1934, as such section is
in effect on the day before the effective date described in
section 103 of this Act, shall remain in effect under
subsection (b) of section 9 of the Communications Act of 1934,
as amended by subsection (a) of this section, until such time
as the Commission adjusts or amends such fee under subsection
(b)(2) or (b)(3) of such section 9, as so amended.
(2) Regulatory fees.--A regulatory fee established under
section 9 of the Communications Act of 1934, as such section is
in effect on the day before the effective date described in
section 103 of this Act, shall remain in effect under
subsection (c) of section 9 of the Communications Act of 1934,
as amended by subsection (a) of this section, until such time
as the Commission adjusts or amends such fee under subsection
(c)(2) or (c)(3) of such section 9, as so amended.
(d) Rulemaking To Amend Schedule of Regulatory Fees.--
(1) In general.--Not later than 1 year after the effective
date described in section 103, the Commission shall complete a
rulemaking proceeding under subsection (c)(3) of section 9 of
the Communications Act of 1934, as amended by subsection (a) of
this section.
(2) Report to congress.--If the Commission has not
completed the rulemaking proceeding required by paragraph (1)
by the date that is 6 months after the effective date described
in section 103, the Commission shall submit to Congress a
report on the progress of such rulemaking proceeding.
SEC. 103. EFFECTIVE DATE.
This title and the amendments made by this title shall take effect
on October 1, 2018.
TITLE II--FCC PROCESS REFORM
SEC. 201. FCC 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.
``(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(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.
``(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 2018 and
any year thereafter.
(C) Annual scorecard reports.--Subsection (k) of
such section 13 shall apply with respect to 2017 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. 202. 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. 203. 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. 204. APPLICATION OF ANTIDEFICIENCY ACT TO UNIVERSAL SERVICE
PROGRAM.
Section 302 of Public Law 108-494 (118 Stat. 3998) is amended by
striking ``December 31, 2018'' each place it appears and inserting
``December 31, 2021''.
SEC. 205. 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. 206. 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:
``(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 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 III--AMATEUR RADIO PARITY
SEC. 301. 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. 302. 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. 303. 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. 304. DEFINITIONS.
In this title:
(1) Community association.--The term ``community
association'' means any nonprofit 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.
TITLE IV--SECURING ACCESS TO NETWORKS IN DISASTERS
SEC. 401. 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 publicly 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. 402. 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. 403. 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 V--FCC CONSOLIDATED REPORTING
SEC. 501. COMMUNICATIONS MARKETPLACE REPORT.
Title I of the Communications Act of 1934, as amended by section
201(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 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. 502. 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) is amended--
(A) by striking subsection (k);
(B) by redesignating subsections (l) through (n) as
subsections (k) through (m), respectively; and
(C) by redesignating the first subsection (o)
(relating to use of radio and wire communications in
connection with safety of life and property) as
subsection (n).
(2) Conforming amendment.--Section 309(j)(8)(B) of the
Communications Act of 1934 (47 U.S.C. 309(j)(8)(B)) is amended
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. 503. 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. 504. 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.
TITLE VI--ADDITIONAL PROVISIONS
SEC. 601. INDEPENDENT INSPECTOR GENERAL FOR FCC.
(a) Amendments.--The Inspector General Act of 1978 (5 U.S.C. App.)
is amended--
(1) in section 8G(a)(2), by striking ``the Federal
Communications Commission,''; and
(2) in section 12--
(A) in paragraph (1), by inserting ``, the Federal
Communications Commission,'' after ``the Chairman of
the Nuclear Regulatory Commission''; and
(B) in paragraph (2), by inserting ``the Federal
Communications Commission,'' after ``the Environmental
Protection Agency,''.
(b) Transition Rule.--An individual serving as Inspector General of
the Commission on the date of the enactment of this Act pursuant to an
appointment made under section 8G of the Inspector General Act of 1978
(5 U.S.C. App.)--
(1) may continue so serving until the President makes an
appointment under section 3(a) of such Act with respect to the
Commission consistent with the amendments made by subsection
(a); and
(2) shall, while serving under paragraph (1), remain
subject to the provisions of section 8G of such Act which,
immediately before the date of the enactment of this Act,
applied with respect to the Inspector General of the Commission
and suffer no reduction in pay.
SEC. 602. AUTHORITY OF CHIEF INFORMATION OFFICER.
(a) In General.--The Commission shall ensure that the Chief
Information Officer of the Commission has a significant role in--
(1) the decision-making process for annual and multi-year
planning, programming, budgeting, and execution decisions,
related reporting requirements, and reports related to
information technology;
(2) the management, governance, and oversight processes
related to information technology; and
(3) the hiring of personnel with information technology
responsibilities.
(b) CIO Approval.--The Chief Information Officer of the Commission,
in consultation with the Chief Financial Officer of the Commission and
budget officials, shall specify and approve the allocation of amounts
appropriated to the Commission for information technology, consistent
with the provisions of appropriations Acts, budget guidelines, and
recommendations from the Director of the Office of Management and
Budget.
SEC. 603. 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.''.
SEC. 604. 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, two-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. 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.).
SEC. 605. 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.
SEC. 606. REPORT ON PROMOTING BROADBAND INTERNET ACCESS SERVICE FOR
VETERANS.
(a) Veteran Defined.--In this section, the term ``veteran'' has the
meaning given the term in section 101 of title 38, United States Code.
(b) Report Required.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall submit to Congress a report
on promoting broadband Internet access service for veterans, in
particular low-income veterans and veterans residing in rural areas. In
such report, the Commission shall--
(1) examine such access and how to promote such access; and
(2) provide findings and recommendations for Congress with
respect to such access and how to promote such access.
(c) Public Notice and Opportunity To Comment.--In preparing the
report required by subsection (b), the Commission shall provide the
public with notice and an opportunity to comment on broadband Internet
access service for veterans, in particular low-income veterans and
veterans residing in rural areas, and how to promote such access.
SEC. 607. METHODOLOGY FOR COLLECTION OF MOBILE SERVICE COVERAGE DATA.
(a) Definitions.--In this section--
(1) the term ``commercial mobile data service'' has the
meaning given the term in section 6001 of the Middle Class Tax
Relief and Job Creation Act of 2012 (47 U.S.C. 1401);
(2) the term ``commercial mobile service'' has the meaning
given the term in section 332(d) of the Communications Act of
1934 (47 U.S.C. 332(d));
(3) the term ``coverage data'' means, if commercial mobile
service or commercial mobile data service is available, general
information about the service, which may include available
speed tiers and performance characteristics; and
(4) the term ``Universal Service program'' means the
universal service support mechanisms established under section
254 of the Communications Act of 1934 (47 U.S.C. 254) and the
regulations issued under that section.
(b) Methodology Established.--Not later than 180 days after the
conclusion of Auction 903, the Commission shall promulgate regulations
to establish a methodology that shall apply to the collection of
coverage data by the Commission for the purposes of--
(1) the Universal Service program; or
(2) any other similar program.
(c) Requirements.--The methodology established under subsection (b)
shall--
(1) contain standard definitions for different available
technologies such as 2G, 3G, 4G, and 4G LTE;
(2) enhance the consistency and robustness of how the data
are collected by different parties;
(3) improve the validity and reliability of coverage data;
and
(4) increase the efficiency of coverage data collection.
SEC. 608. ACCURACY OF 9-1-1 CALL LOCATION INFORMATION.
(a) Proceeding Required.--Not later than 18 months after the date
of the enactment of this Act, the Commission shall conclude a
proceeding to consider adopting rules to ensure that call location
information is conveyed with a 9-1-1 call, regardless of the
technological platform used and including with calls from multi-line
telephone systems (as defined in section 6502 of the Middle Class Tax
Relief and Job Creation Act of 2012 (47 U.S.C. 1471)).
(b) Relationship to Other Proceedings.--In conducting the
proceeding required by subsection (a), the Commission may consider
information and conclusions from other Commission proceedings regarding
the accuracy of call location information, but nothing in this section
shall be construed to require the Commission to reconsider any
information or conclusion from a proceeding regarding the accuracy of
call location information in which the Commission has adopted rules or
issued an order before the date of the enactment of this Act.
(c) Other Authority.--In addition to the authority to adopt any
rules the Commission finds to be necessary in the proceeding required
by subsection (a), the Commission shall have the authority to adopt any
other rules, technical standards, protocols, and procedures as are
necessary to ensure that call location information is conveyed as
described in such subsection.
(d) Definitions.--In this section:
(1) 9-1-1 call.--The term ``9-1-1 call'' means a voice call
that is placed, or a message that is sent by other means of
communication, to a public safety answering point (as defined
in section 222 of the Communications Act of 1934 (47 U.S.C.
222)) for the purpose of requesting emergency services.
(2) Call location information.--The term ``call location
information'' means accurate and timely information regarding
the location of the caller, as determined to be technically
feasible and achievable by the Commission.
SEC. 609. INTERAGENCY COMMUNICATIONS SECURITY COMMITTEE.
(a) Establishment.--Not later than 6 months after the date of the
enactment of this Act, the Assistant Secretary of Commerce for
Communications and Information shall establish an advisory committee to
be known as the Interagency Communications Security Committee (in this
section referred to as the ``Committee'').
(b) Duties.--The Committee shall--
(1) review each communications security report submitted to
the Committee under subsection (d) or (f);
(2) recommend investigation to relevant agencies into any
such communications security report; and
(3) issue regular reports containing the results of any
such investigation, the Committee's findings following each
communications security incident, and policy recommendations
that may arise from each communications security incident to
the following:
(A) The agencies represented on the Committee.
(B) The Committee on Energy and Commerce of the
House of Representatives.
(C) The Committee on Commerce, Science, and
Transportation of the Senate.
(D) The Permanent Select Committee on Intelligence
of the House of Representatives.
(E) The Select Committee on Intelligence of the
Senate.
(F) The Armed Services Committee of the House of
Representatives.
(G) The Armed Services Committee of the Senate.
(H) The Committee on Homeland Security of the House
of Representatives.
(I) The Committee on Homeland Security and
Governmental Affairs of the Senate.
(J) The Foreign Affairs Committee of the House of
Representatives.
(K) The Foreign Relations Committee of the Senate.
(c) Membership.--The Committee shall be composed of 8 members, who
shall each possess the appropriate access to classified information
commensurate with the sensitivity of the classified information such
members shall access in the course of service on the Committee. The
members of the Committee shall include only--
(1) one appointee from the National Telecommunications and
Information Administration, to be appointed by the Assistant
Secretary of Commerce for Communications and Information, who
shall serve as Chair of the Committee;
(2) one appointee from the Department of Defense, to be
appointed by the Secretary of Defense;
(3) one appointee from the Department of Homeland Security,
to be appointed by the Secretary of Homeland Security;
(4) one appointee from the Department of Justice, to be
appointed by the Attorney General of the United States;
(5) one appointee from the intelligence community, to be
appointed by the Director of National Intelligence;
(6) one appointee from the National Institute of Standards
and Technology, to be appointed by the Director of the National
Institute of Standards and Technology;
(7) one appointee from the Federal Communications
Commission, who shall not be a member of the Commission, to be
appointed by the Chair of the Commission; and
(8) one appointee from the Office of Management and Budget,
to be appointed by the Director of the Office of Management and
Budget.
(d) Public Communications Security Reports.--The Committee shall
consider communications security reports from communications network
providers.
(e) Application of Critical Infrastructure Information
Protections.--For purposes of subtitle B of title II of the Homeland
Security Act of 2002 (6 U.S.C. 131 et seq.)--
(1) communications networks shall be treated as critical
infrastructure and protected systems defined in sections 2(4)
and 212(6), respectively, of the Homeland Security Act of 2002
(6 U.S.C. 101(4); 6 U.S.C. 131(6)); and
(2) with respect to critical infrastructure information
relating to communications networks, the National
Telecommunications and Information Administration (in addition
to the Department of Homeland Security) shall be treated as a
covered Federal agency defined in section 212(2) of such Act.
(f) Agency Communications Security Reports.--Not less frequently
than every 3 months, the head of each agency shall submit to the
Committee a report of each communications security incident for the
previous 3 months.
(g) Continuation of Committee.--Section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.) does not apply to the Committee.
(h) Definitions.--In this section:
(1) Agency.--The term ``agency'' has the meaning given that
term in section 3502 of title 44, United States Code.
(2) Communications network.--The term ``communications
network'' means a network for the provision of wireline or
mobile telephone service, Internet access service, radio or
television broadcasting, cable service, direct broadcast
satellite service, or any other communications service.
(3) Communications security incident.--The term
``communications security incident'' means any compromise,
whether electronic or otherwise, of any telecommunications
system that the agency has reason to believe--
(A) resulted in Government-held or private
information, including passwords and other similar
means of access, being viewed or extracted; or
(B) resulted in the presence of outside programming
on an agency computer or other electronic device.
(4) Communications security report.--The term
``communications security report'' means a description of a
communications security incident or multiple communications
security incidents referred to the Committee.
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