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Communications Act Revisions: Selected Issues for Consideration (CRS Report for Congress)

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Release Date Revised Sept. 10, 2008
Report Number RL32949
Report Type Report
Authors Angele A. Gilroy, Resources, Science, and Industry Division
Source Agency Congressional Research Service
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Summary:

The passage of the 1996 Telecommunications Act (P.L. 104-104) resulted in a major revision of the Communications Act of 1934 (47 U.S.C. 151 et seq.) to address the emergence of competition in what were previously considered to be monopolistic markets. Although less than a decade has passed, a consensus has grown that existing laws that govern the telecommunications and broadcasting sectors have become inadequate to meet the Nation's changing telecommunications environment. Technological changes such as the advancement of Internet technology to supply data, voice, and video, the transition to digital television, as well as the growing convergence in the telecommunications sector have, according to many policymakers, made it necessary to consider another "rewrite" or revision, of the laws governing these markets. In the 109th Congress efforts to pass a comprehensive telecommunications measure, while successful in the House (H.R. 5252), did not make it to the Senate floor for consideration. The 110th Congress has held hearings on a wide range of topics including broadband deployment, the digital television transition, media ownership, universal service fund reform, FCC oversight, and public safety communications. Unlike in the 109th Congress however, where energy was focused on the passage of a single comprehensive telecommunications reform measure, it appears that the 110th Congress, to date, is focusing on more narrowly targeted incremental revisions which may be passed as stand-alone measures or in conjunction with other legislative vehicles. Regardless of the outcome of legislative proposals, however, the 110th Congress is taking, and is expected to continue to take, an active role in examining and debating the issues that such a revision may entail. This report provides an overview of selected topics which the 110th Congress has begun, or is likely, to address in its examination of telecommunications issues. While far from a definitive list, the issues selected are wide-ranging and touch upon topics central to the telecommunications reform debate. The issues included in this report cover: broadband Internet regulation and access; broadcast indecency; digital television transition; Federal Communications Commission structure and reform; media ownership rules; municipal deployment of broadband; public safety communications, the "savings clause" and monopoly issues; spectrum auctions; and universal service fund reform. This report addresses major issues, rather than addressing specific legislative activity. The underlying references to CRS products, included at the end of each issue, should be used to expand upon the issue, update relevant events and, where appropriate, track Congressional activity. This report will be updated occasionally.