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47 U.S.C. § 163 — Communications marketplace report

Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 163 — Communications marketplace report

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Stable record: federal_law:legal_authorities:record_usc_185ef498f72392d36741891f
Source file: Laws/federal/codes/united-states-code/title-47/section-163-communications-marketplace-report--4ff64be667.md
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Source location: Title 47, Chapter 5, § 163; chapter-005-wire-or-radio-communication.md

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**(a) In general** In the last quarter of every even-numbered year, the Commission shall publish on its website and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the state of the communications marketplace. **(b) Contents** Each report required by subsection (a) shall— (1) assess the state of competition in the communications marketplace, including competition to deliver voice, video, audio, and data services among providers of telecommunications, providers of commercial mobile service (as defined in [section 332 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section332&num=0&edition=prelim)), multichannel video programming distributors (as defined in [section 522 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section522&num=0&edition=prelim)), broadcast stations, providers of satellite communications, Internet service providers, and other providers of communications services; (2) assess the state of deployment of communications capabilities, including advanced telecommunications capability (as defined in [section 1302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1302&num=0&edition=prelim)), regardless of the technology used for such deployment; (3) assess whether laws, regulations, regulatory practices (whether those of the Federal Government, States, political subdivisions of States, Indian tribes or tribal organizations (as such terms are defined in [section 5304 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim)), or foreign governments), 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; (4) describe the agenda of the Commission for the next 2-year period for addressing the challenges and opportunities in the communications marketplace that were identified through the assessments under paragraphs (1) through (3); and (5) describe the actions that the Commission has taken in pursuit of the agenda described pursuant to paragraph (4) in the previous report submitted under this section. **(c) Extension** If the President designates a Commissioner as Chairman of the Commission during the last quarter of an even-numbered year, the portion of the report required by subsection (b)(4) may be published on the website of the Commission and submitted to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate as an addendum during the first quarter of the following odd-numbered year. **(d) Special requirements** (1) **Assessing competition** — In assessing the state of competition under subsection (b)(1), the Commission shall consider all forms of competition, including the effect of intermodal competition, facilities-based competition, and competition from new and emergent communications services, including the provision of content and communications using the Internet. (2) **Assessing deployment** — In assessing the state of deployment under subsection (b)(2), the Commission shall compile a list of geographical areas that are not served by any provider of advanced telecommunications capability. (3) **Considering small businesses** — In assessing the state of competition under subsection (b)(1) and regulatory barriers under subsection (b)(3), the Commission shall consider market entry barriers for entrepreneurs and other small businesses in the communications marketplace in accordance with the national policy under [section 257(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section257/b&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 522 — Definitions

For purposes of this subchapter— (1) the term “activated channels” means those channels engineered at the headend of a cable system for the provision of services generally available to residential subscribers of the cable system, regardless of whether such services actually are provided, including any channel designated for public, educational, or governmental use; (2) the term “affiliate”, when used in relation to any person, means another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person; (3) the term “basic cable service” means any service tier which includes the retransmission of local television broadcast signals; (4) the term “cable channel” or “channel” means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel (as television channel is defined by the Commission by regulation); (5) the term “cable operator” means any person or group of persons (A) who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system, or (B) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system; (6) the term “cable service” means— (A) the one-way transmission to subscribers of (i) video programming, or (ii) other programming service, and (B) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service; (7) the term “cable system” means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which incl

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 522

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5304 — Authorization of appropriations

**(a) In general** There are authorized to be appropriated such sums as may be necessary to carry out this subchapter. **(b) Availability of appropriations** Notwithstanding any other provision of this chapter, the provision of funds under this chapter shall be subject to the availability of appropriations and the Secretary is not required to reduce funding for programs, projects, or activities serving a tribe in order to make funds available to another tribe or tribal organization under this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 1302 — Advanced telecommunications incentives

**(a) In general** The Commission and each State commission with regulatory jurisdiction over telecommunications services shall encourage the deployment on a reasonable and timely basis of advanced telecommunications capability to all Americans (including, in particular, elementary and secondary schools and classrooms) by utilizing, in a manner consistent with the public interest, convenience, and necessity, price cap regulation, regulatory forbearance, measures that promote competition in the local telecommunications market, or other regulating methods that remove barriers to infrastructure investment. **(b) Inquiry** The Commission shall, within 30 months after February 8, 1996, and annually thereafter, initiate a notice of inquiry concerning the availability of advanced telecommunications capability to all Americans (including, in particular, elementary and secondary schools and classrooms) and shall complete the inquiry within 180 days after its initiation. In the inquiry, the Commission shall determine whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion. If the Commission’s determination is negative, it shall take immediate action to accelerate deployment of such capability by removing barriers to infrastructure investment and by promoting competition in the telecommunications market. **(c) Demographic information for unserved areas** As part of the inquiry required by subsection (b), the Commission shall compile a list of geographical areas that are not served by any provider of advanced telecommunications capability (as defined by subsection (d)(1)) 11 See References in Text note below. and to the extent that data from the Census Bureau is available, determine, for each such unserved area— (1) th

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 1302

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 332 — Mobile services

**(a) Factors which Commission must consider** In taking actions to manage the spectrum to be made available for use by the private mobile services, the Commission shall consider, consistent with [section 151 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section151&num=0&edition=prelim), whether such actions will— (1) promote the safety of life and property; (2) improve the efficiency of spectrum use and reduce the regulatory burden upon spectrum users, based upon sound engineering principles, user operational requirements, and marketplace demands; (3) encourage competition and provide services to the largest feasible number of users; or (4) increase interservice sharing opportunities between private mobile services and other services. **(b) Advisory coordinating committees** (1) The Commission, in coordinating the assignment of frequencies to stations in the private mobile services and in the fixed services (as defined by the Commission by rule), shall have authority to utilize assistance furnished by advisory coordinating committees consisting of individuals who are not officers or employees of the Federal Government. (2) The authority of the Commission established in this subsection shall not be subject to or affected by the provisions of part III of title 5 or [section 1342 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1342&num=0&edition=prelim). (3) Any person who provides assistance to the Commission under this subsection shall not be considered, by reason of having provided such assistance, a Federal employee. (4) Any advisory coordinating committee which furnishes assistance to the Commission under this subsection shall not be subject to the provisions of chapter 10 of titl

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 332

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 1303 — Improving Federal data on broadband

**(a) Omitted** **(b) International comparison** (1) **In general** — As part of its report under [section 163 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section163&num=0&edition=prelim), the Federal Communications Commission shall include information comparing the extent of broadband service capability (including data transmission speeds and price for broadband service capability) in a total of 75 communities in at least 25 countries abroad for each of the data rate benchmarks for broadband service utilized by the Commission to reflect different speed tiers. (2) **Contents** — The Commission shall choose communities for the comparison under this subsection in a manner that will offer, to the extent possible, communities of a population size, population density, topography, and demographic profile that are comparable to the population size, population density, topography, and demographic profile of various communities within the United States. The Commission shall include in the comparison under this subsection— (A) a geographically diverse selection of countries; and (B) communities including the capital cities of such countries. (3) **Similarities and differences** — The Commission shall identify relevant similarities and differences in each community, including their market structures, the number of competitors, the number of facilities-based providers, the types of technologies deployed by such providers, the applications and services those technologies enable, the regulatory model under which broadband service capability is provided, the types of applications and services used, business and residential use of such services, and other media available to consumers. **(c) Consumer survey of broadband service capabili

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 1303

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 543 — Regulation of rates

**(a) Competition preference; local and Federal regulation** (1) **In general** — No Federal agency or State may regulate the rates for the provision of cable service except to the extent provided under this section and [section 532 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section532&num=0&edition=prelim). Any franchising authority may regulate the rates for the provision of cable service, or any other communications service provided over a cable system to cable subscribers, but only to the extent provided under this section. No Federal agency, State, or franchising authority may regulate the rates for cable service of a cable system that is owned or operated by a local government or franchising authority within whose jurisdiction that cable system is located and that is the only cable system located within such jurisdiction. (2) **Preference for competition** — If the Commission finds that a cable system is subject to effective competition, the rates for the provision of cable service by such system shall not be subject to regulation by the Commission or by a State or franchising authority under this section. If the Commission finds that a cable system is not subject to effective competition— (A) the rates for the provision of basic cable service shall be subject to regulation by a franchising authority, or by the Commission if the Commission exercises jurisdiction pursuant to paragraph (6), in accordance with the regulations prescribed by the Commission under subsection (b); and (B) the rates for cable programming services shall be subject to regulation by the Commission under subsection (c). (3) **Qualification of franchising authority** — A franchising authority that seeks to exercise the regulatory jurisdiction pe

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 543

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 163 — Communications marketplace report

Page 43 TITLE 47—TELECOMMUNICATIONS § 201 Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables. § 163. Communications marketplace report (a) In general In the last quarter of every even-numbered year, the Commission shall publish on its website and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the state of the communications marketplace. (b) Contents Each report required by subsection (a) shall— (1) assess the state of competition in the communications marketplace, including com- petition to deliver voice, video, audio, and data services among providers of tele- communications, providers of commercial mo- bile service (as defined in section 332 of this title), multichannel video programming dis- tributors (as defined in section 522 of this title), broadcast stations, providers of satellite communications, Internet service providers, and other providers of communications serv- ices; (2) assess the state of deployment of commu- nications capabilities, including advanced telecommunications capability (as defined in section 1302 of this title), regardless of the technology used for such deployment; (3) assess whether laws, regulations, regu- latory practices (whether those of the Federal Government, States, political subdivisions of States, Indian tribes or tribal organizations (as such terms are defined in section 5304 of title 25), or

Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 163

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