The Federal Communications Commission:
Current Structure and Its Role in the
Changing Telecommunications Landscape
Patricia Moloney Figliola
Specialist in Internet and Telecommunications Policy
January 9March 16, 2015
Congressional Research Service
7-5700
www.crs.gov
RL32589
The Federal Communications Commission
Summary
The Federal Communications Commission (FCC) is an independent federal agency with its five
members appointed by the President, subject to confirmation by the Senate. It was established by
the Communications Act of 1934 (1934 Act) and is charged with regulating interstate and
international communications by radio, television, wire, satellite, and cable. The mission of the
FCC is to ensure that the American people have available—at reasonable cost and without
discrimination—rapid, efficient, nation- and world-wide communication services, whether by
radio, television, wire, satellite, or cable.
Although the FCC has restructured over the past few years to better reflect the industry, it is still
required to adhere to the statutory requirements of its governing legislation, the Communications
Act of 1934. The 1934 Act requires the FCC to regulate the various industry sectors differently.
Some policy makerspolicymakers have been critical of the FCC and the manner in which it regulates various
sectors of the telecommunications industry—telephone, cable television, radio and television
broadcasting, and some aspects of the Internet. These policy makerspolicymakers, including some in Congress,
have long called for varying degrees and types of reform to the FCC. Most proposals fall into two
categories: (1) procedural changes made within the FCC or through congressional action that
would affect the agency’s operations or (2) substantive policy changes requiring congressional
action that would affect how the agency regulates different services and industry sectors.
President Obama signed H.R. 82, the Consolidated and Further Continuation Appropriations Act,
2015, into law (P.L. 113-483) on December 16, 2014. The law provides the FCC with an FY2015
budget of $339,844,000. As in recent previous years, the FCC’s FY2014 budget is to be derived
from regulatory fees collected by the agency rather than through a direct appropriation. The fees,
often referred to as “Section (9) fees,” are collected from license holders and certain other entities
(e.g., cable television systems) and deposited into an FCC account. The law gives the FCC
authority to review the regulatory fees and to adjust the fees to reflect changes in its appropriation
from year to year. It may also add, delete, or reclassify services under certain circumstances.
There were seven bills in the 113th Congress that would have an impact on the way in which the
FCC conducts its business and six hearings related to FCC operations.
Congressional Research Service
The Federal Communications Commission
Contents
Overview of the Federal Communications Commission ................................................................. 1
FCC Leadership ......................................................................................................................... 2
FCC Structure ............................................................................................................................ 2
FCC Strategic Plan .................................................................................................................... 3
FCC Operations: Budget, Authorization, and Reporting to Congress ...................., and Rulemaking......................... 4
FCC FY2015 Budget ................................................................................................................. 5
FCC Authorization..................................................................................................................... 5
FCC Reporting to Congress....................................................................................................... 5
FCC-Related Congressional Action—113th114th Congress ..................................................................... 6
Legislation ....
Tables
Table 1. Legislation—114th Congress ............................................................................................................................. 6
Hearings 7
Table 2. Hearings—114th Congress .................................................................................................. 9
Appendixes
Appendix A. FCC-Related Congressional Action—113th Congress .............................................. 8
Appendixes10
Appendix AB. FCC-Related Congressional Action—112th Congress .............................................. 1013
Appendix BC. FCC-Related Government Accountability Office Studies ........................................ 1316
Contacts
Author Contact Information........................................................................................................... 1418
Congressional Research Service
The Federal Communications Commission
Overview of the Federal Communications
Commission
The Federal Communications Commission (FCC) is an independent federal agency with its five
members appointed by the President, subject to confirmation by the Senate. It was established by
the Communications Act of 1934 (1934 Act or “Communications Act”)1 and is charged with
regulating interstate and international communications by radio, television, wire, satellite, and
cable.2 The mission of the FCC is to ensure that the American people have available, “without
discrimination on the basis of race, color, religion, national origin, or sex, a rapid, efficient,
Nationwide, and worldwide wire and radio communication service with adequate facilities at
reasonable charges.”3
The 1934 Act is divided into titles and sections that describe various powers and concerns of the
commission.4
•
Title I—FCC Administration and Powers. The 1934 Act originally called for a
commission consisting of seven members, but that number was reduced to five in
1983. Commissioners are appointed by the President and approved by the Senate
to serve five-year terms; the President designates one member to serve as
chairman. No more than three commissioners may come from the political party
of the President. Title I empowers the commission to create divisions or bureaus
responsible for specific work assigned and to structure itself as it chooses.
•
Title II—Common carrier regulation, primarily telephone regulation, including
circuit-switched telephone services offered by cable companies. Common
carriers are communication companies that provide facilities for transmission but
do not originate messages, such as telephone and microwave providers. The 1934
Act limits FCC regulation to interstate and international common carriers,
although a joint federal-state board coordinates regulation between the FCC and
state regulatory commissions.
1
The Communications Act of 1934, 47 U.S.C. §151 et seq., has been amended numerous times, most significantly in
recent years by the Telecommunications Act of 1996, P.L. 104-104, 110 Stat. 56 (1996). References in this report are to
the 1934 Act, as amended, unless indicated. A compendium of communications-related laws is available from the
House Committee on Energy and Commerce at http://energycommerce.house.gov/108/pubs/108-D.pdf. It includes
selected Acts within the jurisdiction of the Committeecommittee, including the Communications Act of 1934,
Telecommunications Act of 1996, Communications Satellite Act of 1962, National Telecommunications and
Information Administration Organizations Act, Telephone Disclosure and Dispute Resolution Act, Communications
Assistance for Law Enforcement Act, as well as additional communications statutes and selected provisions from the
United States Code. The compendium was last amended on December 31, 2002.
2
See “About the FCC,” at http://www.fcc.gov/aboutus.html.
3
47 U.S.C. §151.
4
When Congress established the FCC in 1934, it merged responsibilities previously assigned to the Federal Radio
Commission, the Interstate Commerce Commission, and the Postmaster General into a single agency, divided into three
bureaus, Broadcast, Telegraph, and Telephone. See Analysis of the Federal Communications Commission, Fritz
Messere, at http://www.oswego.edu/~messere/FCC1.html and the Museum of Broadcast Communications Archive at
http://www.museum.tv/archives/etv/F/htmlF/federalcommu/federalcommu.htm for additional information on the
history of the FCC.
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The Federal Communications Commission
•
Title III—Broadcast station requirements. Much existing broadcast regulation
was established prior to 1934 by the Federal Radio Commission and most
provisions of the Radio Act of 1927 were subsumed into Title III of the 1934 Act.
Sections 303-307 define many of the powers given to the FCC with respect to
broadcasting; other sections define limitations placed upon it. For example,
Section 326 of Title III prevents the FCC from exercising censorship over
broadcast stations. Also, parts of the U.S. code are linked to the Communications
Act. For example, 18 U.S.C. 464 makes obscene or indecent language over a
broadcast station illegal.
•
Title IV—Procedural and administrative provisions, such as hearings, joint
boards, judicial review of the FCC’s orders, petitions, and inquiries.
•
Title V—Penal provisions and forfeitures, such as violations of rules and
regulations.
•
Title VI—Cable communications, such as the use of cable channels and cable
ownership restrictions, franchising, and video programming services provided by
telephone companies.
•
Title VII—Miscellaneous provisions and powers, such as war powers of the
President, closed captioning of public service announcements, and
telecommunications development fund.
FCC Leadership
The FCC is directed by five commissioners appointed by the President and confirmed by the
Senate for five-year terms (except when filling an unexpired term). The President designates one
of the commissioners to serve as chairperson. Only three commissioners may be members of the
same political party. None of them can have a financial interest in any Commission-related
business. The commissioners are:
•
Tom Wheeler, Chair (confirmed by the Senate on October 29, 2013, and sworn in
on November 4, 2013);
•
Michael O’Rielly (confirmed by the Senate on October 29, 2013, and sworn in
on November 4, 2013);
•
Jessica Rosenworcel (confirmed by the Senate on May 7, 2012, and sworn in on
May 11, 2012);
•
Ajit Pai (confirmed by the Senate on May 7, 2012, and sworn in on May 12,
2012, for a term ending on June 30, 2016); and
•
Mignon Clyburn (sworn in for a second term on February 19, 2013).
FCC Structure
The day-to-day functions of the FCC are carried out by 7 bureaus and 10 offices. The current
basic structure of the FCC was established in 2002 as part of the agency’s effort to better reflect
the industries it regulates. The seventh bureau, the Public Safety and Homeland Security Bureau,
was established in 2006.
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The Federal Communications Commission
The bureaus process applications for licenses and other filings, analyze complaints, conduct
investigations, develop and implement regulatory programs, and participate in hearings, among
other things. The offices provide support services. Bureaus and offices often collaborate when
addressing FCC issues.5 The bureaus hold the following responsibilities:
•
Consumer and Governmental Affairs Bureau—Addresses all types of consumerrelated matters from answering questions and responding to consumer complaints
to distributing consumer education materials.
•
Enforcement Bureau—Enforces FCC rules, orders, and authorizations.
•
International Bureau—Administers the FCC’s international telecommunications
policies and obligations.
•
Media Bureau—Develops, recommends, and administers the policy and licensing
programs relating to electronic media, including cable television, broadcast
television, and radio in the United States and its territories.
•
Public Safety and Homeland Security Bureau—Addresses issues such as public
safety communications, alert and warning of U.S. citizens, continuity of
government operations and continuity of operations planning, and disaster
management coordination and outreach.
•
Wireless Telecommunications Bureau—Handles all FCC domestic wireless
telecommunications programs and policies.6 Wireless communications services
include cellular, paging, personal communications services, public safety, and
other commercial and private radio services. This bureau also is responsible for
implementing the competitive bidding authority for spectrum auctions.
•
Wireline Competition Bureau—Administers the FCC’s policies concerning
common carriers—the companies that provide long distance and local service to
consumers and businesses. These companies provide services such as voice, data,
and other telecommunication transmission services.
FCC Strategic Plan
The current FCC Strategic Plan covers the five-year period FY2014–FY2018. The plan outlines
eight goals:
•
Connect America: Maximize Americans’ access to—and the adoption of—
affordable fixed and mobile broadband where they live, work, and travel.
•
Maximize Benefits of Spectrum: Maximize the overall benefits of spectrum for
the United States.
•
Protect and Empower Consumers: Empower consumers by ensuring that they
have the tools and information they need to make informed choices; protect
consumers from harm in the communications market.
5
FCC Fact Sheet, http://www.fcc.gov/cgb/consumerfacts/aboutfcc.html.
Except those involving satellite communications broadcasting, including licensing, enforcement, and regulatory
functions. These functions are handled by the International Bureau.
6
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The Federal Communications Commission
•
Promote Innovation, Investment, and America’s Global Competitiveness:
Promote innovation in a manner that improves the nation’s ability to compete in
the global economy, creating a virtuous circle that results in more investment and
in turn enables additional innovation.
•
Promote Competition: Ensure a competitive market for communications and
media services to foster innovation, investment, and job creation and to ensure
consumers have meaningful choice in affordable services.
•
Public Safety and Homeland Security: Promote the availability of reliable,
interoperable, redundant, rapidly restorable critical communications
infrastructures that are supportive of all required services.
•
Advance Key National Purposes: Through international and national interagency
efforts, advance the use of broadband for key national purposes.
•
Operational Excellence: Make the FCC a model for excellence in government by
effectively managing the commission’s human, information, and financial
resources; by making decisions based on sound data and analyses; and by
maintaining a commitment to transparent and responsive processes that
encourage public involvement and best serve the public interest.
The FCC has identified performance objectives associated with each strategic goal. Commission
management annually develops targets and measures related to each performance goal to provide
direction toward accomplishing those goals. Targets and measures are published in the FCC’s
Performance Plan, submitted with the commission’s annual budget request to Congress. Results
of the commission’s efforts to meet its goals, targets, and measures are found in the FCC’s Annual
Performance Report published each February. The FCC also issues a Summary of Performance
and Financial Results every February, providing a concise, citizen-focused review of the agency’s
accomplishments.
FCC Operations: Budget, Authorization, and
Reporting to CongressReporting
to Congress, and Rulemaking
Since the 110th Congress, the FCC has been funded through the Financial Services (House) and
Financial Services and General Government (Senate) appropriations process as a single line item.
Previously, it was funded through what is now the Commerce, Justice, Science appropriations
process, also as a single line item.
Most or all of the FCC’s budget is derived from regulatory fees collected by the agency rather
than through a direct appropriation.7 The fees, often referred to as “Section (9) fees,” are collected
from license holders and certain other entities (e.g., cable television systems) and deposited into
an FCC account. The law gives the FCC authority to review the regulatory fees and to adjust the
fees to reflect changes in its appropriation from year to year. Most years, appropriations language
prohibits the use by the commission of any excess collections received in the current fiscal year
7
The Omnibus Budget Reconciliation Act of 1993 (P.L. 103-66, 47 U.S.C. §159) requires that the FCC annually
collect fees and retain them for FCC use to offset certain costs incurred by the commission. The FCC implemented the
regulatory fee collection program by rulemaking on July 18, 1994.
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The Federal Communications Commission
or any prior years. These funds remain in the FCC account and are not made available to other
agencies or agency programs nor redirected into the Treasury’s general fund.
FCC FY2015 Budget
President Obama signed H.R. 82, the Consolidated and Further Continuation Appropriations Act,
2015, into law (P.L. 113-483) on December 16, 2014. The law provides the FCC with an FY2015
budget of $339,844,000. As in recent previous years, the FCC’s FY2014 budget is to be derived
from regulatory fees collected by the agency rather than through a direct appropriation. The fees,
often referred to as “Section (9) fees,” are collected from license holders and certain other entities
(e.g., cable television systems) and deposited into an FCC account. The law gives the FCC
authority to review the regulatory fees and to adjust the fees to reflect changes in its appropriation
from year to year. It may also add, delete, or reclassify services under certain circumstances.
FCC Authorization
The FCC was last formally authorized in the FCC Authorization Act of 1990 (P.L. 101-396).
Since that time, five bills have been introduced that would have reauthorized the FCC, but none
were signed into law.
•
108th Congress, S. 1264, FCC Reauthorization Act of 2003, Senator John
McCain;8
•
104th Congress, H.R. 1869, Federal Communications Commission Authorization
Act, Representative Jack Fields;
•
103rd Congress, H.R. 4522, Federal Communications Commission Authorization
Act, Representative Edward Markey, and
103rd Congress, S. 2336, Federal Communications Commission Authorization
Act, Senator Daniel Inouye; and
•
102nd Congress, S. 1132, Federal Communications Commission Authorization
Act, Senator Daniel Inouye.
FCC Reporting to Congress
The FCC publishes four reports for Congress.
•
Strategic Plan. The Strategic Plan is the framework around which the FCC
develops its yearly Performance Plan and Performance Budget. The FCC is to
submit its next four-year Strategic Plan by February 2014, in accordance with the
Government Performance and Results Modernization Act of 2010, P.L. 111-352.
•
Performance Budget. The annual Performance Budget includes performance
targets based on the FCC’s strategic goals and objectives, and serves as the guide
for implementing the Strategic Plan. The Performance Budget becomes part of
the President’s annual budget request.
8
For more information, see S.Rept. 108-140, at http://www.gpo.gov/fdsys/pkg/CRPT-108srpt140/pdf/CRPT108srpt140.pdf.
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The Federal Communications Commission
•
Agency Financial Report. The annual Agency Financial Report contains
financial and other information, such as a financial discussion and analysis of the
agency’s status, financial statements, and audit reports.
•
Annual Performance Report. At the end of the fiscal year, the FCC publishes
an Annual Performance Report that compares the agency’s actual performance
with its targets.9
All of these reports are available on the FCC website.10
FCC-Related Congressional Action—, http://www.fcc.gov/encyclopedia.
FCC-Related Congressional Action—114th Congress
Congressionial action in the 114th Congress is detailed in Table 1 and Table 2.
9
OMB Circular A-136 allows agencies the option of producing (1) two separate reports, an Agency Financial Report
and an Annual Performance Report, or (2) a consolidated Performance and Accountability Report. The same
information is provided to Congress in either case. The FCC elected the first option for FY2011. Also, in addition to
the reports it submits to Congress, the FCC publishes an annual Summary of Performance and Financial Information,
which is a citizen-focused summary of the FCC’s yearly activities.
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Table 1. Legislation—114th Congress
Introduced
Bill #
Bill Title
Sponsor
Brief Summary
Committee
Bill Status
1/26/2015
S. 253
Federal Communications
Commission Consolidated
Reporting Act of 2015
Sen. Dean Heller
Amend the Communications Act
of 1934 to replace various
reporting requirements with a biannual communications
marketplace report that the FCC
would be required to publish on
its website and submit to
Congress.
Senate Commerce,
Science, and
Transportation
2/26/2015:
Reported with an
amendment in the
nature of a
substitute favorably.
2/04/2015
H.R. 734
Federal Communications
Commission Consolidated
Reporting Act of 2015
Rep. Steve Scalise
See summary of S. 253
House Energy and
Commerce
2/25/2015:
Received in the
Senate and referred
to the Committee
on Commerce,
Science, and
Transportation.
H.Rept. 114-27
2/10/2015
S. 421
Federal Communications
Commission Process Reform Act
of 2015
Sen. Dean Heller
Amend the Communications Act
of 1934 to provide for greater
transparency and efficiency in the
procedures followed by the FCC,
and for other purposes.
Senate Commerce,
Science, and
Transportation
2/10/2015:
Referred to the
Committee on
Commerce,
Science, and
Transportation.
2/12/2015
H.R. 279
No title
Rep. Robert Latta
Amend the Communications Act
of 1934 to limit the authority of
the Federal Communications
Commission over providers of
broadband Internet access
service
House Energy and
Commerce
1/16/2015:
Referred to the
Subcommittee on
Communications
and Technology
Introduced
Bill #
Bill Title
Sponsor
Brief Summary
Committee
Bill Status
03/03/2015
H.R. 1212
Internet Freedom Act
Rep. Marsha Blackburn
Prohibit the Federal
Communications Commission
from reclassifying broadband
Internet access service as a
telecommunications service and
from imposing certain regulations
on providers of such service.
Energy and
Commerce
3/03/2015:
Referred to the
House Committee
on Energy and
Commerce
02/26/2015
H.R. 1106
States’ Rights Municipal
Broadband Act of 2015
Rep. Marsha Blackburn
Amend Section 706 of the
Telecommunications Act of 1996
to provide that such section does
not authorize the Federal
Communications Commission to
preempt the laws of certain
States relating to the regulation
of municipal broadband, and for
other purposes.
House Energy and
Commerce
2/26/2015:
Referred to the
House Committee
on Energy and
Commerce
02/26/2015
S. 597
States’ Rights Municipal
Broadband Act of 2015
Sen. Thom Tillis
See summary of H.R. 1106
Senate Commerce,
Science, and
Transportation
2/26/2015: Read
twice and referred
to the Committee
on Commerce,
Science, and
Transportation.
02/02/2015
H.R. 655
FCC ‘ABCs’ Act of 2015
Rep. Robert Latta
Amend the Communications Act
of 1934 to direct the FCC, in the
case of a proposed or final rule
(including a proposed or final
amendment to an existing rule)
that may have an economically
significant impact, to include in
the notice a cost-benefit analysis
demonstrating that the benefits
outweigh the costs.
House Energy and
Commerce
2/06/2015:
Referred to the
Subcommittee on
Communications
and Technology.
Source: CRS
Table 2. Hearings—114th Congress
House of Representatives
Energy and Commerce
Oversight and Government Reform
Judiciary
Date
Title
Date
Title
Date
Title
2/25/2015
The Uncertain Future of the Internet
2/25/2015
FCC Process: Examining the Relationship
Between the FCC and the White House
3/2/2015
Discussion of H.R. 1155, the Searching for
and Cutting Regulations that are
Unnecessarily Burdensome (“SCRUB”)
Act of 2015
3/04/2015
Reauthorization of the Federal
Communications Commission: The
FCC’s FY2016 Budget Request
3/17/2015
FCC: Process and Transparency
3/19/2015
(This hearing also included discussion of
two bills not related to FCC procedure:
H.R. 348, the “RAPID Act” and H.R. 712,
the “Sunshine for Regulatory Decrees and
Settlements Act of 2015.”)
10:00 am
FCC Reauthorization: Oversight of the
Commission
11:00am
3/18/2015
Discuss Draft of the Data Security and
Breach Notification Act of 2015
10:00 am
Senate
Commerce
Homeland Security and Government Affairs
Date
Title
Date
Title
03/18/15
Oversight of the Federal
Communications Commission
2/25/2015
Toward a 21st-Century Regulatory
System
10:00 am
Source: CRS
Judiciary
No hearings.
The Federal Communications Commission
Appendix A. FCC-Related Congressional Action—
113th Congress
There were seven bills in the 113th Congress that would have had an impact on the way in which
the FCC conducts its business and six hearings related to FCC operations.
Legislation
Federal Communications Commission Collaboration Act (H.R. 539, S. 245)
•
Status. H.R. 539 was introduced by Representative Anna Eshoo in the House
Committee on Energy and Commerce on February 6, 2013. The bill was referred
to the Subcommittee on Communications and Technology on February 8, 2013.
S. 245 was introduced by Senator Amy Klobuchar in the Senate Committee on
Commerce, Science, and Transportation on February 7, 2013.
•
Summary. These bills would amend the Communications Act of 1934 to allow,
notwithstanding a specified open meeting provision, three or more
commissioners of the Federal Communications Commission (FCC) to hold a
meeting that is closed to the public to discuss official business if (1) no agency
action is taken; (2) each person present is an FCC commissioner or employee; (3)
for each political party of which any commissioner is a member, at least one
commissioner who is a member of the respective party is present, and, if any
commissioner has no party affiliation, at least one unaffiliated commissioner is
present; and (4) an attorney from the FCC’s Office of General Counsel is present.
It would require public disclosure of the meeting, attendees, and matters
discussed.
FCC Analysis of Benefits and Costs (“ABCs”) Act of 2013 (H.R. 2649)
•
Status. H.R. 2649 was introduced by Representative Robert Latta in the House
Committee on Energy and Commerce on July 10, 2013, and referred to the
9
OMB Circular A-136 allows agencies the option of producing (1) two separate reports, an Agency Financial Report
and an Annual Performance Report, or (2) a consolidated Performance and Accountability Report. The same
information is provided to Congress in either case. The FCC elected the first option for FY2011. Also, in addition to
the reports it submits to Congress, the FCC publishes an annual Summary of Performance and Financial Information,
which is a citizen-focused summary of the FCC’s yearly activities.
10
http://www.fcc.gov/encyclopedia/fcc-strategic-plan.
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Subcommittee on Communications and Technology on July 12, 2013. This bill is
also called the FCC Process Reform Act of 2013.
•
Summary. This bill would amend the Communications Act of 1934 to reform the
FCC by requiring an analysis of benefits and costs during the rulemaking process
and creating certain presumptions regarding regulatory forbearance and biennial
regulatory review determinations.
Federal Communications Commission Process Reform Act of 2013 (H.R. 3675)
•
Status. H.R. 3675 was introduced by Representative Greg Walden in the House
Committee on Energy and Commerce on December 9, 2013. It was passed in the
House and, on March 12, 2014, received in the Senate and referred to the
Committee on Commerce, Science, and Transportation.
•
Summary. This bill would require the FCC to (1) survey the state of the
marketplace through a notice of inquiry before initiating every new rulemaking;
(2) identify a market failure, consumer harm, or regulatory barrier to investment
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before adopting “economically significant” rules, as well as demonstrate that the
benefits of the regulation outweigh the costs; (3) make the full text of a rule
available to the public for 30 days of comments and 30 days of reply comments
prior to voting on the proposed rule, and issue a final rule within three years; and
(4) set “shot clocks” for orders, decisions, reports, or actions.
Independent Agency Regulatory Analysis Act of 2013 (S. 1173)
•
Status. S. 1173 was introduced by Senator Rob Portman in the Senate Committee
on Homeland Security and Governmental Affairs on June 18, 2013.
•
Summary. This bill would authorize the President to require an independent
regulatory agency to: (1) comply, to the extent permitted by law, with regulatory
analysis requirements applicable to other federal agencies; (2) publish and
provide the Administrator of the Office of Information and Regulatory Affairs
with an assessment of the costs and benefits of a proposed or final economically
significant rule (i.e., a rule that is likely to have an annual effect on the economy
of $100 million or more and is likely to adversely affect sectors of the economy
in a material way) and an assessment of costs and benefits of alternatives to the
rule; and (3) submit to the Administrator for review any proposed or final
economically significant rule. It would also prohibit judicial review of the
compliance or noncompliance of an independent regulatory agency with the
requirements of this act.
Federal Communications Commission Consolidated Reporting Act of 2013 (H.R. 2844,
S. 1379)
•
Status. H.R. 2844 was introduced by Congressman Steve Scalise on July 26,
2013. It was reported by the Committee on Energy and Commerce on September
9, 2013 (H.Rept. 113-189), and referred to the Senate Committee on Commerce,
Science, and Transportation on September 10, 2013. S. 1379 was introduced by
Senator Dean Heller on July 29, 2013, and it was referred to the Committee on
Commerce, Science, and Transportation.
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Summary. These bills would amend the Communications Act of 1934 to require
the FCC to publish on its website and submit to Congress a biennial report on the
state of the communications marketplace assessing competition, deployment of
communications capabilities, and whether laws, regulations, or regulatory
practices pose a barrier to competitive entry or expansion of existing providers of
communications services. They would also require the FCC to compile a list of
geographic areas that are not served by any provider of advanced
telecommunications capability and consider market entry barriers in the
communications marketplace. Finally, the bills would repeal and/or consolidate
various FCC reports.
Hearings
FCC Oversight. On December 10, 2014, the House Committee on Energy and Commerce’s
Subcommittee on Communications and Technology held a hearing on issues related to FCC
oversight. The hearing focused on the FCC’s “Net Neutrality” rules.
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FCC Oversight. On May 20, 2014, the House Committee on Energy and Commerce’s
Subcommittee on Communications and Technology held a hearing on issues related to FCC
oversight.1110
FCC Oversight. On March 12, 2013, the Senate Committee on Commerce, Science, and
Transportation held a hearing on issues related to FCC oversight.1211 All five FCC commissioners
testified.1312
“Improving the FCC Process.” On July 11, 2013, the House Committee on Energy and
Commerce Subcommittee on Communications and Technology held a hearing on “Improving the
FCC Process.” The hearing was held to review two draft bills based on two bills that were passed
by the House of Representatives in the 112th Congress: H.R. 3309, the Federal Communications
Commission Process Reform Act, and H.R. 3310, the Federal Communications Commission
Consolidated Reporting Act. The draft bills are intended to “minimize the potential for procedural
failings and abuse, and to improve agency transparency, efficiency, and accountability.” The
committee heard from one panel: Stuart M. Benjamin, Douglas B. Maggs Chair in Law and
Associate Dean for Research, Duke Law; Larry Downes, Internet industry analyst and author;
Robert M. McDowell, former FCC Commissioner and Visiting Fellow, Hudson Institute;
Randolph J. May, President, Free State Foundation; Richard J. Pierce Jr., Lyle T. Alverson
Professor of Law, George Washington University Law School; and James Bradford Ramsay,
General Counsel, National Association of Regulatory Utility Commissioners.
Nomination Hearing. The Senate Committee on Commerce, Science, and Transportation held a
hearing on the nomination of Mr. Tom Wheeler on June 18, 2013.14
1113
FCC Oversight. On December 12, 2013, the House Committee on Energy and Commerce’s
Subcommittee on Communications and Technology held a hearing on issues related to FCC
oversight. All five FCC commissioners testified.14
10
http://energycommerce.house.gov/hearing/oversight-federal-communications-commission-0.
Information about this hearing, including a video of the hearing, is available at http://www.commerce.senate.gov/
public/index.cfm?p=Hearings&ContentRecord_id=18f83ea5-3d7d-4ef9-92ad-30a3421c11d3&ContentType_id=
14f995b9-dfa5-407a-9d35-56cc7152a7ed&Group_id=b06c39af-e033-4cba-9221-de668ca1978a.
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A number of organizations published summaries of the hearing, for example, Reuters, http://www.reuters.com/
article/2013/03/12/us-usa-fcc-oversight-idUSBRE92B17420130312.
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The hearing was held in two sessions, online at http://www.c-spanvideo.org/program/ChairNom and http://www.c(continued...)
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FCC Oversight. On December 12, 2013, the House Committee on Energy and Commerce’s
Subcommittee on Communications and Technology held a hearing on issues related to FCC
oversight. All five FCC commissioners testified.15
(...continued)
spanvideocspanvideo.org/program/ChairNomi.
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Appendix AB. FCC-Related Congressional Action—
112th Congress
One hearing was held on FCC oversight and nine bills were introduced that would affect the
manner in which the FCC conducts its business.
Hearings
On February 16, 2012, the House Committee on Energy and Commerce Subcommittee on
Communications and Technology held a hearing on the budget and spending of the FCC.1615 FCC
Chairman Julius Genachowski; Mr. David H. Hunt, FCC Inspector General; and Mr. Scott
Barash, Chief Executive Officer of the Universal Service Administrative Company, testified.
Legislation
Cost-Benefit Analysis of Proposed Rulemaking
FCC Analysis of Benefits and Costs Act of 2011 (H.R. 2289)
H.R. 2289 Status. H.R. 2289, also called the “FCC ABCs Act,” was introduced by
Representative Robert Latta in the House Committee on Energy and Commerce on June 22, 2011.
The bill was referred to the Subcommittee on Communications and Technology June 22, 2011.
H.R. 2289 Summary. This bill would require the FCC to include in each notice of proposed rule
making and in each final rule issued by the FCC an analysis of the benefits and costs of such
proposed rule or final rule. It would prohibit any appropriations for the express purpose of
carrying out this act.
Commission Collaboration
Federal Communications Commission Process Reform Act (H.R. 3309)
Federal Communications Commission Process Reform Act (S. 1784)
Telecommunications Jobs Act (S. 1817)
H.R. 3309 and S. 1784 Status. H.R. 3309 was introduced by Representative Greg Walden in the
House Committee on Energy and Commerce on November 2, 2011. It was reported (H.Rept. 112414)1716 on March 19, 2012, and referred to the Senate the next day, where it was read and referred
to the Committee on Commerce, Science, and Transportation. S. 1784 was introduced by Senator
Dean Heller in the Senate Committee on Commerce, Science, and Transportation on November 2,
2011.
H.R. 3309 and S. 1784 Summary. This bill would require the FCC to (1) survey the state of the
marketplace through a notice of inquiry before initiating every new rulemaking; (2) identify a
market failure, consumer harm, or regulatory barrier to investment before adopting “economically
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Information about this hearing, including a video of the hearing, is available at http://energycommerce.house.gov/
hearings/hearingdetail.aspx?NewsID=9278.
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http://www.gpo.gov/fdsys/pkg/CRPT-112hrpt414/pdf/CRPT-112hrpt414.pdf.
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significant” rules, as well as demonstrate that the benefits of the regulation outweigh the costs; (3)
make the full text of a rule available to the public for 30 days of comments and 30 days of reply
comments prior to voting on the proposed rule, and issue a final rule within three years; and (4)
set “shot clocks” for orders, decisions, reports, or actions.
S. 1817 Status. S. 1817 was introduced by Senator Dean Heller in the Senate Committee on
Commerce, Science, and Transportation on November 8, 2011.
S. 1817 Summary. This bill is substantially similar to S. 1784.
Federal Communications Commission Collaboration Act (H.R. 1009)
H.R. 1009 Status. H.R. 1009 was introduced by Representative Anna Eshoo in the House
Committee on Energy and Commerce on March 10, 2011. The bill was referred to the
Subcommittee on Communications and Technology on March 15, 2011.
H.R. 1009 Summary. This bill would amend the Communications Act of 1934 to allow,
notwithstanding a specified open meeting provision, three or more commissioners of the Federal
Communications Commission (FCC) to hold a meeting that is closed to the public to discuss
official business if (1) no agency action is taken; (2) each person present is an FCC commissioner
or employee; (3) for each political party of which any commissioner is a member, at least one
commissioner who is a member of the respective party is present, and, if any commissioner has
no party affiliation, at least one unaffiliated commissioner is present; and (4) an attorney from the
FCC’s Office of General Counsel is present. It would require public disclosure of the meeting,
attendees, and matters discussed.
Report Consolidation and Paperwork Reduction
Federal Communications Commission Consolidated Reporting Act (H.R. 3310)
Federal Communications Commission Consolidated Reporting Act (S. 1780)
H.R. 3310 and S. 1780 Status. H.R. 3310 was introduced by Representative Steve Scalise in the
House Committee on Energy and Finance on November 2, 2011, and was reported (H.Rept. 1124431811244317) on April 18, 2012. On May 30, 2012, the bill was passed by the House and it was referred
to the Senate Committee on Science, Commerce, and Transportation, on June 4, 2012. S. 1780
was introduced by Senator Dean Heller in the Senate Committee on Commerce, Science, and
Transportation on November 2, 2011.
H.R. 3310 and S. 1780 Summary. This bill would amend the Communications Act of 1934 to
consolidate the reporting obligations of the FCC to improve oversight and reduce reporting
burdens.
Enhancing the Technical Expertise of the Commission
FCC Technical Expertise Capacity Heightening Act (S. 611)
FCC Commissioners’ Technical Resource Enhancement Act (H.R. 2102)
S. 611 Status: S. 611 was introduced by Senator Olympia Snowe in the Senate Committee on
Commerce, Science, and Transportation on March 17, 2011.
S. 611 Summary. This bill is substantially similar to its companion bill, H.R. 2102, but unlike
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that bill, S. 611 also includes a requirement that the FCC “enter into an arrangement with the
National Academy of Sciences to complete a study of the technical policy decision making and
the technical personnel at the commission.”
H.R. 2102 Status. H.R. 2102 was introduced by Representative Cliff Stearns in the House
Committee on Energy and Commerce on June 2, 2011. The bill was referred to the Subcommittee
on Communications and Technology on June 3, 2011.
H.R. 2102 Summary. This bill would amend the Communications Act of 1934 to permit each
commissioner of the FCC to appoint an electrical engineer or computer scientist to provide
technical consultation and to interface with the Office of Engineering and Technology and other
FCC bureaus and technical staff. It would require such engineer or scientist to hold an
undergraduate or graduate degree in his or her field of expertise.
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Appendix BC. FCC-Related Government
Accountability Office Studies
The Government Accountability Office (GAO) has conducted two studies since 2008 related to
the operation of the FCC.
FCC: Regulatory Fee Process Needs to Be Updated (August 2012)1918
The FCC must, by law, assess annual regulatory fees on telecommunications entities to recover
most or all of its appropriations—about $336 million in fiscal year (FY) 2011. Recently, the
agency stated that it was planning to consider reforms to its regulatory fee process. GAO was
asked to assess the FCC’s:
•
process for assessing regulatory fees among industry sectors; and
•
regulatory fee collections over the past 10 years, and alternative approaches to
assessing regulatory fees.
For this assessment, GAO:
•
reviewed FCC data and documents;
•
interviewed officials from the FCC and the telecommunications industry;
•
identified alternative approaches to assessing regulatory fees; and
•
met with five fee-funded U.S. and Canadian regulatory agencies.
GAO found that the FCC is currently assessing regulatory fees based on obsolete data, with
limited transparency. The Communications Act requires fees to be based on the number of fulltime equivalents (FTE) that perform regulatory tasks in certain bureaus, among other things. The
FCC based its FY2011 regulatory fee assessments on its FY1998 FTE data. It has not updated the
assessment on updated FTE data in part to avoid fluctuations in fees from year to year. FCC
officials stated that the agency has complied with its statutory authority since the statute does not
prescribe a specific time to update its FTE analysis. As a result, after 13 years, FCC has not
validated the extent to which its fees correlate to its workload.
The GAO recommended that:
•
Congress consider whether FCC’s excess fees should be appropriated for FCC’s
use or, if not, what their disposition should be; and
•
the FCC should:
a. perform an updated FTE analysis and require at least biennial updates going forward;
b. determine whether and how to revise the current fee schedule, including the number
and type of fee categories;
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forward;
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GAO, Report to the Ranking Member, Committee on Energy and Commerce, and Ranking Member, Subcommittee
on Telecommunications and the Internet, Committee on Energy and Commerce, House of Representatives, “FCC:
Regulatory Fee Process Needs to be Updated,” August 10, 2012, http://www.gao.gov/assets/600/593506.pdf.
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b. determine whether and how to revise the current fee schedule, including the
number and type of fee categories;
c. increase the transparency of its regulatory fee process; and
d. consider the approaches of other fee-funded regulatory agencies.
The FCC agreed with GAO’s recommendations.
Enforcement Program Management (February 2008)2019
According to the GAO analysis of FCC data, between 2003 and 2006, the number of complaints
received by the FCC totaled about 454,000 and grew from almost 86,000 in 2003 to a high of
about 132,000 in 2005. The largest number of complaints related to violations of the do-not-call
list and telemarketing during prohibited hours. The FCC processed about 95% of the complaints
it received. It also opened about 46,000 investigations and closed about 39,000; approximately
9% of these investigations were closed with an enforcement action and about 83% were closed
with no enforcement action. The GAO was unable to determine why these investigations were
closed with no enforcement action because the FCC does not systematically collect these data.
The FCC told GAO that some investigations were closed with no enforcement action because no
violation occurred or the data were insufficient.
The GAO noted that the FCC assesses the impact of its enforcement program by periodically
reviewing certain program outputs, such as the amount of time it takes to close an investigation,
but it lacks management tools to fully measure its outcomes. Specifically, FCC has not set
measurable enforcement goals, developed a well-defined enforcement strategy, or established
performance measures that are linked to the enforcement goals. The GAO stated in its report that
without key management tools, FCC may have difficulty assuring Congress and other
stakeholders that it is meeting its enforcement mission.
The GAO found that limitations in FCC’s current approach for collecting and analyzing
enforcement data constitute the principal challenge the agency faces in providing complete and
accurate information on its enforcement program. These limitations, according to the GAO, make
it difficult to analyze trends; determine program effectiveness; allocate Commission resources; or
accurately track and monitor key aspects of all complaints received, investigations conducted, and
enforcement actions taken.
Author Contact Information
Patricia Moloney Figliola
Specialist in Internet and Telecommunications
Policy
pfigliola@crs.loc.gov, 7-2508
2019
GAO, Report to the Chairman, Subcommittee on Telecommunications and the Internet, Committee on Energy and
Commerce, House of Representatives, “FCC Has Made Some Progress in the Management of Its Enforcement Program
but Faces Limitations, and Additional Actions Are Needed,” February 15, 2008, http://www.gao.gov/new.items/
d08125.pdf.
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Author Contact Information
Patricia Moloney Figliola
Specialist in Internet and Telecommunications
Policy
pfigliola@crs.loc.gov, 7-2508
Congressional Research Service
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