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 foreign governments), or dem- onstrated marketplace practices pose a barrier to competitive entry into the communications marketplace or to the competitive expansion of existing providers of communications serv- ices; (4) describe the agenda of the Commission for the next 2-year period for addressing the challenges and opportunities in the commu- nications 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 re- port 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 con- sider all forms of competition, including the effect of intermodal competition, facilities- based competition, and competition from new and emergent communications services, in- cluding the provision of content and commu- nications using the Internet. (2) Assessing deployment In assessing the state of deployment under subsection (b)(2), the Commission shall com- pile a list of geographical areas that are not served by any provider of advanced tele- communications 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 con- sider market entry barriers for entrepreneurs and other small businesses in the communica- tions marketplace in accordance with the na- tional policy under section 257(b) of this title. (June 19, 1934, ch. 652, title I, § 13, as added Pub. L. 115–141, div. P, title IV, § 401, Mar. 23, 2018, 132 Stat. 1087.) SUBCHAPTER II—COMMON CARRIERS PART I—COMMON CARRIER REGULATION § 201. Service and charges (a) It shall be the duty of every common car- rier engaged in interstate or foreign commu- nication by wire or radio to furnish such com- munication service upon reasonable request therefor; and, in accordance with the orders of the Commission, in cases where the Commis- sion, after opportunity for hearing, finds such action necessary or desirable in the public inter- est, to establish physical connections with other carriers, to establish through routes and charges applicable thereto and the divisions of such charges, and to establish and provide facilities and regulations for operating such through routes. (b) All charges, practices, classifications, and regulations for and in connection with such communication service, shall be just and reason- able, and any such charge, practice, classifica- tion, or regulation that is unjust or unreason- able is declared to be unlawful: Provided, That communications by wire or radio subject to this chapter may be classified into day, night, re- peated, unrepeated, letter, commercial, press, Government, and such other classes as the Com- mission may decide to be just and reasonable, and different charges may be made for the dif- ferent classes of communications: Provided fur- ther, That nothing in this chapter or in any other provision of law shall be construed to pre- vent a common carrier subject to this chapter from entering into or operating under any con- tract with any common carrier not subject to this chapter, for the exchange of their services, if the Commission is of the opinion that such contract is not contrary to the public interest: Provided further, That nothing in this chapter or