Sec. 2. Communications marketplace report
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Title I of the Communications Act of 1934 ( 47 U.S.C. 151 et seq.) is amended by adding at the end the following: In the last quarter of every even-numbered year, the Commission shall publish on its website and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the state of the communications marketplace. Each report required under subsection
(a)shall— assess the state of competition in the communications marketplace, including competition to deliver voice, video, audio, and data services among providers of telecommunications, providers of commercial mobile service (as defined in section 332), multichannel video programming distributors (as defined in section 602), broadcast stations, providers of satellite communications, Internet service providers, and other providers of communications services; assess the state of deployment of communications capabilities, including advanced telecommunications capability (as defined in section 706 of the Telecommunications Act of 1996 ( 47 U.S.C. 1302 )), regardless of the technology used for such deployment; assess whether laws, regulations, regulatory practices, or demonstrated marketplace practices pose a barrier to competitive entry into the communications marketplace or to the competitive expansion of existing providers of communications services; and describe the agenda of the Commission for the next 2-year period for addressing the challenges and opportunities in the communications marketplace that were identified through the assessments under paragraphs
(1)through (3). If the Senate confirms the Chairman of the Commission during the third or fourth quarter of an even-numbered year, the report required under subsection
(a)may be published on the website of the Commission and submitted to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate by March 1 of the following odd-numbered year. In assessing the state of competition under subsection (b)(1), the Commission shall consider all forms of competition, including the effect of intermodal competition, facilities-based competition, and competition from new and emergent communications services, including the provision of content and communications using the Internet. In assessing the state of deployment under subsection (b)(2), the Commission shall include a list of geographical areas that are not served by any provider of advanced telecommunications capability. In assessing the state of competition under subsection (b)(1) and barriers under subsection (b)(3), the Commission shall consider market entry barriers for entrepreneurs and other small businesses in the communications marketplace in accordance with the national policy under section 257(b). If the Commission fails to publish a report by the applicable deadline under subsection
(a)or (c), the Commission shall, not later than 7 days after the deadline and every 60 days thereafter until the publication of the report— provide notification of the delay by letter to the chairperson and ranking member of— the Committee on Energy and Commerce of the House of Representatives; and the Committee on Commerce, Science, and Transportation of the Senate; indicate in the letter the date on which the Commission anticipates the report will be published; and publish the letter on the website of the Commission. .
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