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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 policymakers 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 policymakers, 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.
For FY2017, the FCC has requested a budget of $358,286,000, all derived from regulatory fees
collected by the agency. This request is $25,726,497 less than the FY2016 funding of
384,012,497. Part of the FY2016 budget, $44,168,497, was specifically made available for
expenses associated with moving to a new facility or reconfiguring the existing facility space to
reduce space consumption and associated budget costs. For FY2017, the FCC requested
$16,866,992 for that same purpose.
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
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
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.
The bureaus process applications for licenses and other filings, analyze complaints, conduct
investigations, develop and implement regulatory programs, and participate in hearings, among
Congressional Research Service
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The Federal Communications Commission
other things. The offices provide support services. Bureaus and offices often collaborate when
addressing FCC issues.55 The bureaus hold the following responsibilities:
The current FCC Strategic Plan covers the five-year period FY2015–FY2018.77 The plan outlines
four goals:
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 ’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.
Since the 110th110th Congress, the FCC has been funded through the House and Senate Financial
Services and General Government (FSGG) appropriations processes 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.
Since 2009 the FCC'’s budget has been derived from regulatory fees collected by the agency
rather than through a direct appropriation.88 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 FCC is authorized to review the regulatory fees each year
and adjust them 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 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. The FCC'’s budgets from FY2000 to FY20169FY20169 are in Figure 1.
|
Source: FCC. |
For FY2017, the FCC has requested a budget of $358,286,000, all derived from regulatory fees
collected by the agency. This request is $25,726,497 less than the FY2016 funding of
384,012,497. Part of the FY2016 budget, $44,168,497, was specifically made available for
expenses associated with moving to a new facility or reconfiguring the existing facility space to
reduce space consumption and associated budget costs. For FY2017, the FCC has requested
$16,866,992 for that same purpose.
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.
In the 114th114th Congress, Representative Greg Walden released a discussion draft of the "FCC “FCC
Reauthorization Act of 2015."11”11 The draft legislation was released in advance of the March 19
oversight hearing by the House Commerce Committee Subcommittee on Communications and
Technology, but has not been formally introduced. The draft would
The FCC publishes four reports for Congress.
12
All of these reports are available on the FCC website, http://www.fcc.gov/encyclopedia.
Congressional action in the 114th.
11
The draft is available at http://energycommerce.house.gov/sites/republicans.energycommerce.house.gov/files/114/
BILLS-114hr-PIH-FCCReauthorization.pdf. The draft has not been introduced.
12
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.
Congressional Research Service
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The Federal Communications Commission
FCC-Related Congressional Activity—114th
Congress
Congressional action in the 114th Congress is detailed in Table 1 and Table 2.
Introduced |
Bill # |
Bill Title |
Sponsor |
Brief Summary |
Committee |
Bill Status |
1/12/15 |
No title |
Rep. Robert Latta |
|
House Energy and Commerce |
1/16/15: Referred to the Subcommittee on Communications and Technology. |
|
1/26/15 |
Technology.
1/26/15
S. 253
Federal Communications Commission |
Sen. Dean Heller |
Sen. Dean Heller
Amend the Communications Act of | Senate Commerce, | 6/10/15: Passed the | |
2/02/15 |
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 |
benefits outweigh the costs.
House Energy and
Commerce
2/25/15: Received in | |
2/04/15 |
Federal Communications Commission Consolidated Reporting Act of 2015 |
Rep. Steve Scalise |
Consolidated Reporting Act of 2015
Rep. Steve Scalise
See summary of |
House Energy and Commerce |
S. 253
House Energy and
Commerce
2/25/15: Received in | |
2/10/15 |
Federal Communications Commission |
Sen. Dean Heller |
Sen. Dean Heller
Amend the Communications Act of |
Senate Commerce, | 2/10/15: Referred to | |
2/26/15 |
States' Rights Municipal Broadband Act of 2015 |
Rep. Marsha Blackburn |
of 2015
Rep. Marsha Blackburn
Amend Section 706 of the |
House Energy and Commerce |
House Energy and
Commerce
2/27/15: Referred to | |
2/26/15 |
States' Rights Municipal Broadband Act of 2015 |
Sen. Thom Tillis |
of 2015
Sen. Thom Tillis
See summary of | H.R. 1106
Senate Commerce, | 2/26/15: Referred to | |
3/3/15 |
Internet Freedom Act |
Rep. Marsha Blackburn |
Prohibit the FCC from reclassifying broadband Internet access service as a telecommunications service and from imposing certain regulations on providers of such service. |
House Energy and Commerce |
providers of such service.
House Energy and
Commerce
3/6/15: Referred to | |
3/17/15 |
Federal Communications Commission |
Rep. Anna Eshoo |
Rep. Anna Eshoo
Amend the Communications Act of |
House Energy and Commerce |
3/20/15: Referred to the Subcommittee on Communications and Technology. |
|
6/18/15 |
Technology.
6/18/15
S. 1607
Independent Agency Regulatory |
Sen. Rob Portman |
Authorizes the President to require |
Senate Homeland | 10/7/2015: Ordered | |
3/17/15 |
Federal Communications Commission |
Sen. Dean Heller |
Sen. Dean Heller
Amend the Communications Act of | Senate Commerce, | 3/17/15: Referred to | |
5/29/15 |
Federal Communications Commission |
Rep. Greg Walden |
Rep. Greg Walden
Amend the Communications Act of |
House Energy and Commerce |
House Energy and
Commerce
6/3/15: Ordered to be | |
6/1/15 |
No title |
Rep. Renee L. Ellmers |
Rep. Renee L. Ellmers
Amend the Communications Act of |
House Energy and Commerce |
House Energy and
Commerce
6/5/15: Referred to | |
06/1/15 |
No title |
Rep. Adam Kinzinger |
Amend the Communications Act of 1934 to require the FCC to publish on the website of the commission documents to be voted on by the commission. |
House Energy and Commerce |
commission.
House Energy and
Commerce
6/5/15: Referred to | |
6/1/15 |
No title |
Rep. Robert E. Latta |
Rep. Robert E. Latta
Amend the Communications Act of |
House Energy and Commerce |
6/5/15: Referred to the Subcommittee on Communications and Technology |
|
3/7/16 |
FCC Reauthorization Act of 2016 |
Sen. John Thune |
To reauthorize the FCC for FY2017 and 2018, and for other purposes. |
and 2018, and for other purposes.
Senate Commerce, |
3/7/16: Introduced |
Source: CRS.
House of Representatives |
|||||
Energy and Commerce |
Oversight and Government Reform |
Judiciary |
|||
Date |
Title |
Date |
Title |
Date |
Title |
2/25/15 |
The Uncertain Future of the Internet |
2/25/15 |
CRS.
CRS-10
Table 2. Hearings—114th Congress
House of Representatives
Energy and Commerce
Oversight and Government Reform
Judiciary
Date
Title
Date
Title
Date
Title
2/25/15
The Uncertain Future of the Internet
2/25/15
FCC Process: Examining the Relationship Between |
3/2/15 |
3/2/15
Discussion of H.R. 1155, the Searching for and |
3/04/15 |
Reauthorization of the Federal Communications |
3/17/15 |
FCC: Process and Transparency |
3/25/15 |
Wrecking the Internet to Save It? The FCC |
3/19/15 |
FCC Reauthorization: Oversight of the Commission |
||||
4/30/15 |
FCC Reauthorization: Improving Commission Transparency |
||||
5/15/15 |
FCC Reauthorization: Improving Commission Transparency—Part II |
||||
7/28/15 |
Transparency—Part II
7/28/15
Continued Oversight of the Federal |
Appropriations |
|||
11/17/15 |
Oversight of the Federal Communications Commission |
3/24/15 |
FCC Budget Hearing |
||
1/12/16 |
A Legislative Hearing on Four Communications Bills |
3/15/16 |
FCC Budget Hearing (scheduled) |
||
Senate |
|||||
Commerce |
Homeland Security and Government Affairs |
Judiciary |
|||
Date |
Title |
Date |
Title |
||
3/18/15 |
Oversight of the Federal Communications Commission |
2/25/15 |
Toward a 21st-Century Regulatory System |
No hearings. |
|
3/16/16 |
Hearing to consider S. 2644, the FCC |
Appropriations |
|||
5/12/15 |
FCC Budget Hearing |
Source: CRS.
Author Contact Information
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 committee, 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. |
5. |
FCC Fact Sheet, http://www.fcc.gov/cgb/consumerfacts/aboutfcc.html. |
6. |
Except those involving satellite communications broadcasting, including licensing, enforcement, and regulatory functions. These functions are handled by the International Bureau. |
7. |
The plan originally covered FY2014-FY2018 and was revised in 2015. |
8. |
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. |
9. |
The figure for FY2016 is the FCC's requested budget. |
10. |
For more information, see S.Rept. 108-140, at http://www.gpo.gov/fdsys/pkg/CRPT-108srpt140/pdf/CRPT-108srpt140.pdf. |
11. |
The draft is available at http://energycommerce.house.gov/sites/republicans.energycommerce.house.gov/files/114/BILLS-114hr-PIH-FCCReauthorization.pdf. The draft has not been introduced. |
12. |
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. |
13. |
|