The Federal Communications Commission: Current Structure and Its Role in the Changing Telecommunications Landscape

The Federal Communications Commission: Current Structure and Its Role in the Changing Telecommunications Landscape Patricia Moloney Figliola Specialist in Internet and Telecommunications Policy April 15, 2016 Congressional Research Service 7-5700 www.crs.gov RL32589 The Federal Communications Commission Summary May 2, 2016 (RL32589) Jump to Main Text of Report

Contents

• Overview of the Federal Communications Commission
• FCC Leadership
• FCC Structure
• FCC Strategic Plan
• FCC Operations: Budget, Authorization, and Reporting to Congress
• FCC FY2017 Budget
• FCC Authorization
• FCC Reporting to Congress
• FCC-Related Congressional Activity—114^th Congress

Figures

• Figure 1. Historical FY2000-FY2016 Appropriated Budget Authority

Tables

• Table 1. Legislation—114^th Congress
• Table 2. Hearings—114^th Congress

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 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. 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 ............................................. 4 FCC FY2017 Budget................................................................................................................. 5 FCC Authorization .................................................................................................................... 5 FCC Reporting to Congress ...................................................................................................... 6 FCC-Related Congressional Activity—114th Congress................................................................... 7 Figures Figure 1. Historical FY2000-FY2016 Appropriated Budget Authority........................................... 5 Tables Table 1. Legislation—114th Congress.............................................................................................. 8 Table 2. Hearings—114th Congress ................................................................................................ 11 Contacts Author Contact Information .......................................................................................................... 12 Congressional Research Service The Federal Communications Commission $16,866,992 for that same purpose.

The Federal Communications Commission: Current Structure and Its Role in the Changing Telecommunications Landscape

Overview of the Federal Communications Commission 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")¹ and is charged with regulating interstate and international communications by radio, television, wire, satellite, and cable.22 The mission of the FCC is to ensure that the American people have available, “without "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 "³ The 1934 Act is divided into titles and sections that describe various powers and concerns of the commission.4    4Title 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. 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. 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. Congressional Research Service 1 The Federal Communications Commission     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, sworn in on November 4, 2013); Mignon Clyburn (sworn in for a second term on February 19, 2013); Jessica Rosenworcel (confirmed by the Senate on May 7, 2012, sworn in on May 11, 2012); Ajit Pai (confirmed by the Senate on May 7, 2012, sworn in on May 14, 2012, for a term ending on June 30, 2016); and Michael O’Rielly (confirmed by the Senate on October 29, 2013, sworn in on November 4, 2013). FCC Structure 'Rielly (sworn in for a second term on January 29, 2016).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. 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 2 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:        Consumer and Governmental Affairs Bureau—Addresses all types of consumerrelatedconsumer-related 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.66 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 FY2015–FY2018.77 The plan outlines four goals:   Promoting Economic Growth and National Leadership. Telecommunications networks are a vital component of technological innovation and economic growth, helping to ensure that our nation remains a leader in providing its citizens opportunities for economic and educational development. Competition drives these networks to develop improved transmission technologies and to offer new services at competitive prices, and consumers can benefit from these fruits of competition. The FCC has a responsibility to promote the expansion of these networks and to ensure they have the incentive and the ability to compete fairly with one another in providing broadband services. Protecting Public Interest Goals. A change in technology may require us to review and revise our rules, but it does not change the rights of users or the responsibilities of network providers. This civil bond between network providers 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. 7 The plan originally covered FY2014-FY2018 and was revised in 2015. 6 Congressional Research Service 3 The Federal Communications Commission   and users includes consumer protection, competition, universal service, public safety and national security. The FCC must protect and promote this Network Compact. Making Networks Work for Everyone.. Because broadband networks are essential to our national wellbeing, it is not enough for the FCC simply to promote their development. We must also ensure that all Americans can take advantage of the services they provide to enjoy 21st21^st century educational systems, health care, communication capabilities for our first responders, and accessibility for Americans with disabilities, and to assure innovation without artificial impediments. Promoting Operational Excellence.Excellence. The FCC should be a model for excellence in government by effectively managing its resources and maintaining a commitment to transparent and responsive processes that encourage public involvement and decisionmaking that best serves 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 '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. 's accomplishments. FCC Operations: Budget, Authorization, and Reporting to Congress Since the 110th110^th 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.

Figure 1. Historical FY2000-FY2016 Appropriated Budget Authority

Source: FCC.

FCC FY2017 Budget Figure 1. 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. Congressional Research Service 4 The Federal Communications Commission Figure 1. Historical FY2000-FY2016 Appropriated Budget Authority Source: FCC. FCC FY2017 Budget 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 FCC Authorization The FCC has not been formally authorized insince the FCC Authorization Act of 1990 (P.L. 101-396) became law. Numerous bills have been introduced since that time, but none has become law.¹⁰ In the 114^th Congress, Senator John Thune introduced the FCC Reauthorization Act of 2016 (S. 2644). The bill was approved by the Senate Committee on Commerce, Science, and Transportation on April 27, 2016. FCC Reporting to Congress

The FCC publishes four reports for Congress.

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;10 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 10 For more information, see S.Rept. 108-140, at http://www.gpo.gov/fdsys/pkg/CRPT-108srpt140/pdf/CRPT108srpt140.pdf. Congressional Research Service 5 The Federal Communications Commission  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. In the 114th Congress, Representative Greg Walden released a discussion draft of the “FCC Reauthorization Act of 2015.”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    authorize $9 billion per year in appropriations, which would be offset by fund contributions for the preservation of universal service support mechanisms; authorize appropriations to the FCC for spectrum auction expenses at current levels through 2022, the last year of the existing auction authority; and provide for an independent inspector general for the agency. 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 submitted its current four-year Strategic Plan in 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. Agency Financial Report. The annual Agency Financial Report contains financial and other information, such as a financial discussion and analysis of the agency’ 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.12 11 All of these reports are available on the FCC website, http://www.fcc.gov/encyclopedia. FCC-Related Congressional Activity—114^th Congress Congressional action in the 114^thhttp://www.fcc.gov/encyclopedia. 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 6 The Federal Communications Commission FCC-Related Congressional Activity—114th Congress Congressional action in the 114th Congress is detailed in Table 1 and Table 2. Table 1. Legislation—114^th Congress

Introduced

Bill #

Bill Title

Sponsor

Brief Summary

Committee

Bill Status

1/12/15

H.R. 279

No title

Rep. Robert Latta

Amend the Communications Act of 1934 to limit the authority of the FCC over providers of broadband Internet access service

House Energy and Commerce

1/16/15: Referred to the Subcommittee on Communications and Technology.

1/26/15

S. 253S.Rept. 114-58

Federal Communications Commission Consolidated Reporting Act of 2015

Sen. Dean Heller

Amend the Communications Act of 1934 to replace various reporting requirements with a bi-annual communications marketplace report that the FCC would be required to publish on its website and submit to Congress.

Senate Commerce, Science, and Transportation

6/10/15: Passed the Senate.6/11/15: Received in the House and held at the desk.

2/02/15

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

2/25/15: Received in the Senate and referred to the Committee on Commerce, Science, and Transportation.

2/04/15

H.R. 734

H.Rept. 114-27

Federal Communications Commission Consolidated Reporting Act of 2015

Rep. Steve Scalise

Table 2. Congressional Research Service 7 Table 1. Legislation—114th Congress Introduced Bill # Bill Title Sponsor Brief Summary Committee Bill Status 1/12/15 H.R. 279 No title Rep. Robert Latta Amend the Communications Act of 1934 to limit the authority of the FCC over providers of broadband Internet access service House Energy and Commerce 1/16/15: Referred to the Subcommittee on Communications and Technology. 1/26/15 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 bi-annual communications marketplace report that the FCC would be required to publish on its website and submit to Congress. Senate Commerce, Science, and Transportation 6/10/15: Passed the Senate. 6/11/15: Received in the House and held at the desk. S.Rept. 11458 2/02/15 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 2/25/15: Received in the Senate and referred to the Committee on Commerce, Science, and Transportation. 2/04/15 H.R. 734 Federal Communications Commission Consolidated Reporting Act of 2015 Rep. Steve Scalise See summary of S. 253

House Energy and Commerce

4/27/16: Approved by the Committee on Commerce, Science, and Transportation.

2/10/15

S. 421

S. 253 House Energy and Commerce 2/25/15: Received in the Senate and referred to the Committee on Commerce, Science, and Transportation. H.Rept. 114-27 2/10/15 S. 421 Federal Communications Commission Process Reform Act of 2015 Sen. Dean Heller

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 2/10/15: Referred to the Committee on Commerce, Science, and Transportation. 2/26/15 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 FCC to preempt the laws of certain States relating to the regulation of municipal broadband, and for other purposes. House Energy and Commerce 2/27/15: Referred to the House Subcommittee on Communications and Technology. 2/26/15 S. 597 States’ Rights Municipal Broadband Act of 2015 Sen. Thom Tillis Science, and Transportation

4/27/16: Approved by the Committee on Commerce, Science, and Transportation.

2/26/15

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 FCC to preempt the laws of certain States relating to the regulation of municipal broadband, and for other purposes.

House Energy and Commerce

2/27/15: Referred to the House Subcommittee on Communications and Technology.

2/26/15

S. 597

States' Rights Municipal Broadband Act of 2015

Sen. Thom Tillis

See summary of H.R. 1106 Senate Commerce, Science, and Transportation Transportation 2/26/15: Referred to the Committee on Commerce, Science, and Transportation. CRS-8 Introduced Bill # Bill Title Sponsor Brief Summary Committee Bill Status 3/3/15 H.R. 1212 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 3/6/15: Referred to the House Subcommittee on Communications and Technology. 3/17/15 H.R. 1396 Federal Communications Commission Collaboration Act of 2015 Rep. Anna Eshoo Amend the Communications Act of 1934 to authorize a bipartisan majority of Commissioners of the FCC to hold nonpublic collaborative discussions. House Energy and Commerce 3/20/15: Referred to the Subcommittee on Communications and Technology. 6/18/15 S. 1607 Independent Agency Regulatory Analysis Act of 2015 Sen. Rob Portman Authorizes the President to require an independent regulatory agency to (1) comply with regulatory analysis requirements applicable to other federal agencies; (2) provide the Office of Information and Regulatory Affairs with the costs and benefits of a proposed or final economically significant rule and an assessment of alternatives to the rule; and (3) submit for review any proposed or final economically significant rule. Prohibits judicial review of the compliance or noncompliance of an independent regulatory agency with the requirements of this act. Senate Homeland Security and Govern. tal Affairs 10/7/2015: Ordered to be reported with an amendment in the nature of a substitute favorably. 3/17/15 S. 760 Federal Communications Commission Collaboration Act of 2015 Sen. Dean Heller Amend the Communications Act of 1934 to authorize a bipartisan majority of Commissioners of the FCC to hold nonpublic collaborative discussions. Senate Commerce, Science, and Transportation 3/17/15: Referred to the Committee on Commerce, Science, and Transportation. 5/29/15 H.R. 2583 Federal Communications Commission Process Reform Act of 2015 Rep. Greg Walden Amend the Communications Act of 1934 to provide for greater transparency and efficiency in the procedures followed by the FCC. House Energy and Commerce 6/3/15: Ordered to be reported (amended) by voice vote. 6/1/15 H.R. 2589 No title Rep. Renee L. Ellmers Amend the Communications Act of 1934 to require the FCC to publish on its Internet website changes to the rules of the commission not later than 24 hours after adoption. House Energy and Commerce 6/5/15: Referred to the Subcommittee on Communications and Technology CRS-9 Introduced Bill # Bill Title Sponsor Brief Summary Committee Bill Status 06/1/15 H.R. 2592 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 6/5/15: Referred to the Subcommittee on Communications and Technology 6/1/15 H.R. 2593 No title Rep. Robert E. Latta Amend the Communications Act of 1934 to require identification and description on the website of the FCC of items to be decided on authority delegated by the commission. House Energy and Commerce 6/5/15: Referred to the Subcommittee on Communications and Technology 3/7/16 S. 2644 FCC Reauthorization Act of 2016 Sen. John Thune To reauthorize the FCC for FY2017 and 2018, and for other purposes. Senate Commerce, Science, and Transportation 3/7/16: Introduced Source: 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 the FCC and the White House (POSTPONED) 3/2/15 Discussion of H.R. 1155, the Searching for and Cutting Regulations that are Unnecessarily Burdensome (“SCRUB”) Act of 201513 3/04/15 Reauthorization of the Federal Communications Commission: The FCC’s FY2016 Budget Request 3/17/15 FCC: Process and Transparency 3/25/15 Wrecking the Internet to Save It? The FCC’s Open Internet Rule 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 Continued Oversight of the Federal Communications Commission 11/17/15 Oversight of the Federal Communications Commission 3/24/15 FCC Budget Hearing 1/12/16 Legislative Hearing on Four Communications Bills 3/15/16 FCC Budget Hearing 4/13/16 Legislative Hearing on Seven Communications Bills Appropriations Senate Commerce Homeland Security and Government Affairs Date Title Date Title 3/18/15 Oversight of the Federal Communications Commission 2/25/15 Toward a 21st-Century Regulatory System 3/16/16 Hearing to consider S. 2644, the FCC Reauthorization Act of 2016, to reauthorize the FCC for FY2017 and 2018 (scheduled) Judiciary No hearings. Appropriations 5/12/15 FCC Budget Hearing Source: CRS. 13 and Transportation.

3/3/15

H.R. 1212

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

3/6/15: Referred to the House Subcommittee on Communications and Technology.

3/17/15

H.R. 1396

Federal Communications Commission Collaboration Act of 2015

Rep. Anna Eshoo

Amend the Communications Act of 1934 to authorize a bipartisan majority of Commissioners of the FCC to hold nonpublic collaborative discussions.

House Energy and Commerce

3/20/15: Referred to the Subcommittee on Communications and Technology.

6/18/15

S. 1607

Independent Agency Regulatory Analysis Act of 2015

Sen. Rob Portman

Authorizes the President to require an independent regulatory agency to (1) comply with regulatory analysis requirements applicable to other federal agencies; (2) provide the Office of Information and Regulatory Affairs with the costs and benefits of a proposed or final economically significant rule and an assessment of alternatives to the rule; and (3) submit for review any proposed or final economically significant rule. Prohibits judicial review of the compliance or noncompliance of an independent regulatory agency with the requirements of this act.

Senate Homeland Security and Govern. tal Affairs

10/7/2015: Ordered to be reported with an amendment in the nature of a substitute favorably.

3/17/15

S. 760

Federal Communications Commission Collaboration Act of 2015

Sen. Dean Heller

Amend the Communications Act of 1934 to authorize a bipartisan majority of Commissioners of the FCC to hold nonpublic collaborative discussions.

Senate Commerce, Science, and Transportation

3/17/15: Referred to the Committee on Commerce, Science, and Transportation.

5/29/15

H.R. 2583

Federal Communications Commission Process Reform Act of 2015

Rep. Greg Walden

Amend the Communications Act of 1934 to provide for greater transparency and efficiency in the procedures followed by the FCC.

House Energy and Commerce

6/3/15: Ordered to be reported (amended) by voice vote.

6/1/15

H.R. 2589

No title

Rep. Renee L. Ellmers

Amend the Communications Act of 1934 to require the FCC to publish on its Internet website changes to the rules of the commission not later than 24 hours after adoption.

House Energy and Commerce

6/5/15: Referred to the Subcommittee on Communications and Technology

06/1/15

H.R. 2592

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

6/5/15: Referred to the Subcommittee on Communications and Technology

6/1/15

H.R. 2593

No title

Rep. Robert E. Latta

Amend the Communications Act of 1934 to require identification and description on the website of the FCC of items to be decided on authority delegated by the commission.

House Energy and Commerce

6/5/15: Referred to the Subcommittee on Communications and Technology

3/7/16

S. 2644

FCC Reauthorization Act of 2016

Sen. John Thune

To reauthorize the FCC for FY2017 and 2018, and for other purposes.

Senate Commerce, Science, and Transportation

3/7/16: Introduced

Source: CRS.

Table 2. Hearings—114^th 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 the FCC and the White House (POSTPONED)

3/2/15

Discussion of H.R. 1155, the Searching for and Cutting Regulations that are Unnecessarily Burdensome ("SCRUB") Act of 2015¹²

3/04/15

Reauthorization of the Federal Communications Commission: The FCC's FY2016 Budget Request

3/17/15

FCC: Process and Transparency

3/25/15

Wrecking the Internet to Save It? The FCC's Open Internet Rule

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

Continued Oversight of the Federal Communications Commission

Appropriations

   

11/17/15

Oversight of the Federal Communications Commission

3/24/15

FCC Budget Hearing

   

1/12/16

Legislative Hearing on Four Communications Bills

3/15/16

FCC Budget Hearing

   

4/13/16

Legislative Hearing on Seven Communications Bills

       

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 21^st-Century Regulatory System

No hearings.

4/27/16

Hearing to consider S. 2644, the FCC Reauthorization Act of 2016, to reauthorize the FCC for FY2017 and 2018, and other purposes.

Appropriations

       

5/12/15

FCC Budget Hearing

   

Source: CRS.

Author Contact Information

[author name scrubbed], Specialist in Internet and Telecommunications Policy ([email address scrubbed], [phone number scrubbed])

Footnotes

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 U.S. 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.

108^th Congress, S. 1264, FCC Reauthorization Act of 2003, Senator John McCain; 104^th Congress, H.R. 1869, Federal Communications Commission Authorization Act, Representative Jack Fields; 103^rd Congress, H.R. 4522, Federal Communications Commission Authorization Act, Representative Edward Markey, and 103^rd Congress, S. 2336, Federal Communications Commission Authorization Act, Senator Daniel Inouye; and 102^nd Congress, S. 1132, Federal Communications Commission Authorization Act, Senator Daniel Inouye.

11.

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.

12. 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.” CRS-11 The Federal Communications Commission Author Contact Information Patricia Moloney Figliola Specialist in Internet and Telecommunications Policy pfigliola@crs.loc.gov, 7-2508 Congressional Research Service 12 "