Title 47, Telegraphs, Telephones, and RadiotelegraphsRelease 119-110

§163 Communications Marketplace Report

Title 47 › CHAPTER 5 — WIRE OR RADIO COMMUNICATION › SUBCHAPTER I — GENERAL PROVISIONS › § 163

Last updated Sep 22, 2026|Official source

Summary

The Federal Communications Commission (FCC) must post on its website and send to the House Committee on Energy and Commerce and the Senate Committee on Commerce, Science, and Transportation a report about the communications marketplace in the last quarter of every even-numbered year. The report must review how competitive the market is among telecom companies, mobile carriers, cable and satellite TV distributors, broadcasters, satellite firms, Internet service providers, and other communications providers. It must review where advanced telecommunications capability (high-speed service) is and is not deployed, check whether laws, rules, or market practices at federal, state, local, tribal, or foreign levels block new competitors or stop existing ones from growing, explain the FCC’s agenda for the next 2-year period, and list actions the FCC took since the last report. The FCC must consider all kinds of competition, including competition across different technologies and new internet-based services. It must make a list of areas with no provider of advanced telecommunications capability. The FCC must also look at barriers for entrepreneurs and small businesses under the national policy in section 257(b). If the President names a Commissioner as Chair in the last quarter of an even-numbered year, the FCC may publish the 2-year agenda part as an addendum in the first quarter of the next odd-numbered year.

Full Legal Text

Title 47, §163

Telegraphs, Telephones, and Radiotelegraphs, Source: USLM XML via OLRC

(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), multichannel video programming distributors (as defined in section 522 of this title), 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), 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), 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.

Reference

Citations & Metadata

Citation

47 U.S.C. § 163

Title 47, Telegraphs, Telephones, and Radiotelegraphs

Last Updated

Sep 22, 2026

Release point: 119-110