HR 3919 EHRFSCommentsClose CommentsPermalink

To provide for a comprehensive nationwide inventory of existing broadband service, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Broadband Census of America Act of 2007'.CommentsClose CommentsPermalink

SEC. 2. CENSUS OF BROADBAND SERVICE DEPLOYMENT.

(a) Duty to Collect and Report-CommentsClose CommentsPermalink





(1) ANNUAL ASSESSMENT AND REPORT- The Commission shall, on an annual basis, conduct an assessment and publish a report on the nature and deployment of, and subscription to, broadband service capability throughout the States.CommentsClose CommentsPermalink





(2) BANDWIDTH SERVICE TIERS- The Commission shall designate bandwidth service tiers by identifying tiers of increasing data transmission speeds of broadband service capability that will provide useful information about the nature and extent of deployment of broadband service capability. At a minimum, the tiers in the aggregate shall encompass all data transmission speeds deployed, and shall consist of multiple combinations of upstream and downstream data transmission speeds. Each tier shall be designated, to the extent possible, to correspond to the ability to support qualitatively different applications and services, which the Commission shall also identify.CommentsClose CommentsPermalink





(3) INFORMATION COLLECTION- The Commission shall collect, or provide for the collection of, information from all commercial and public providers of broadband service capability under its jurisdiction in each State. Such information shall include--CommentsClose CommentsPermalink





(A) for each area encompassed by a United States postal zip code of the 5 digit level--CommentsClose CommentsPermalink





(i) information concerning the types of technology used to provide broadband service capability in such area;CommentsClose CommentsPermalink





(ii) the tiers designated under paragraph (2) used to provide such capability in such area; andCommentsClose CommentsPermalink





(iii) the actual number of residential subscribers and the actual number of business subscribers in such area; andCommentsClose CommentsPermalink





(B) for each State, the actual number of residential subscribers and the actual number of business subscribers for each tier of service designated under paragraph (2).CommentsClose CommentsPermalink





(4) INFORMATION REPORTED- In the annual report required by paragraph (1), the Commission shall provide to the public--CommentsClose CommentsPermalink





(A) for each area encompassed by a United States postal zip code of the 5 digit level--CommentsClose CommentsPermalink





(i) a list of the types of technology used to provide such capability in such area; andCommentsClose CommentsPermalink





(ii) the actual number of residential subscribers and the actual number of business subscribers to broadband service capability in such area, each in the aggregate; andCommentsClose CommentsPermalink





(B) for each State, the actual number of residential subscribers and the actual number of business subscribers for each tier of service designated under paragraph (2), each in the aggregate.CommentsClose CommentsPermalink





(b) Evolution of Assessment- The Commission shall periodically review both the bandwidth service tiers and the types of technology utilized in its assessment under subsection (a) to take into account changes in technology and marketplace conditions.CommentsClose CommentsPermalink





(c) International Comparison-CommentsClose CommentsPermalink





(1) INTERNATIONAL COMPARISON- As part of the assessment and report required by this section, the 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 tiers designated pursuant to subsection (a)(2).CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) a geographically diverse selection of countries; andCommentsClose CommentsPermalink





(B) communities including the capital cities of such countries.CommentsClose CommentsPermalink





(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, and the regulatory model under which broadband service capability is provided.CommentsClose CommentsPermalink





(d) Protection of Information- Except for the information provided to the public by the Commission in its annual report pursuant to subsection (a)(4), nothing in this section shall reduce or remove any obligation the Commission has to protect proprietary information, nor shall this section be construed to compel the Commission to make publicly available any proprietary information. Any information collected by the Commission pursuant to subsection (a)(3) that reveals any competitively sensitive information of an individual provider of broadband service capability shall not be disclosed by the Commission under subsection (a)(4) or otherwise.CommentsClose CommentsPermalink





(e) Regulations- The Commission shall, within 180 days after the date of the enactment of this Act, promulgate regulations to implement this section.CommentsClose CommentsPermalink





(f) Enforcement Authority- The Commission shall enforce this section as if such section was a part of the Communications Act of 1934. For the purpose of this section, any violations of this section, or any regulations promulgated under this section, shall be considered to be a violation of the Communications Act of 1934 or a regulation promulgated under that Act, respectively.CommentsClose CommentsPermalink

SEC. 3. BROADBAND INVENTORY MAP.

(a) Establishment- To provide a comprehensive nationwide inventory of existing broadband service capability and availability, the NTIA shall develop and maintain a broadband inventory map of the United States that identifies and depicts the geographic extent to which broadband service capability is deployed and available from a commercial provider or public provider throughout each State.CommentsClose CommentsPermalink





(b) Information Shown- The broadband inventory map developed and maintained pursuant to this section shall be capable of identifying and depicting, nationwide, for each State, and for each county or parish of each State--CommentsClose CommentsPermalink





(1) each area encompassed by a United States postal zip code of 9 digit level, census tract level, or functional equivalent in which broadband service capability is deployed at that time, including--CommentsClose CommentsPermalink





(A) each commercial or public provider of broadband service capability within such area; andCommentsClose CommentsPermalink





(B) subject to subsection (f)(5)--CommentsClose CommentsPermalink





(i) each type of technology used to provide broadband service capability within such area; andCommentsClose CommentsPermalink





(ii) which bandwidth service tiers designated pursuant to section 2(a)(2) are available within such area for each provider of broadband service capability; andCommentsClose CommentsPermalink





(2) each area encompassed by a United States postal zip code of 9 digit level, census tract level, or functional equivalent in which broadband service capability is not deployed at that time.CommentsClose CommentsPermalink





(c) Data Use Encouraged- The NTIA shall--CommentsClose CommentsPermalink





(1) seek to overlay demographic data obtained from other sources in the Department of Commerce and elsewhere for use with such broadband inventory map; andCommentsClose CommentsPermalink





(2) make available such map, and the information on which it is based, to such other sources in the Department for demographic purposes, subject to section 7.CommentsClose CommentsPermalink





(d) Public Availability and Interactivity- Not later than 2 years after the date of the enactment of this Act, the NTIA shall make the broadband inventory map developed and maintained pursuant to this section accessible by the public on a World Wide Web site of the NTIA in a form that is interactive and searchable.CommentsClose CommentsPermalink





(e) Updating- The NTIA shall update the broadband inventory map developed and maintained pursuant to this section to ensure that the information provided by the broadband inventory map is timely and accurate.CommentsClose CommentsPermalink





(f) Obtaining Information-CommentsClose CommentsPermalink





(1) IN GENERAL- The NTIA shall request and obtain such information as may be necessary to carry out this section from the following:CommentsClose CommentsPermalink





(A) Eligible entities under section 4.CommentsClose CommentsPermalink





(B) The Commission.CommentsClose CommentsPermalink





(C) Commercial and public providers of broadband service capability.CommentsClose CommentsPermalink





(2) PRIORITY OF INFORMATION REQUESTS- If the NTIA has not otherwise obtained such information pursuant to paragraph (3), the NTIA shall--CommentsClose CommentsPermalink





(A) first request and try to obtain such information from such eligible entities before requesting and obtaining such information from the Commission; andCommentsClose CommentsPermalink





(B) only request such information from commercial and public providers of broadband service capability if such information cannot be obtained in a timely fashion from such eligible entities or the Commission.CommentsClose CommentsPermalink





(3) COMPATIBLE FORMAT- Such entities or such providers may elect to provide the NTIA with the information necessary for displaying a statewide map, provided that such map meets, at a minimum, the requirements of subsection (b) for that State and such information is in a format that NTIA is able to incorporate into the broadband inventory map required under this section. Nothing in this paragraph precludes such providers or any such entity, with agreement of the providers concerned, from providing to the NTIA, or using for its own purposes, more geographically-specific information than required by subsection (b).CommentsClose CommentsPermalink





(4) ADDITIONAL INFORMATION, INCLUDING WIFI HOTSPOTS- The NTIA shall also try to obtain accurate information from reliable publicly available sources about broadband service capability that is offered to the public but that is not provided by either a commercial provider or a public provider directly to the public.CommentsClose CommentsPermalink





(5) OPT-OUT BY PROVIDERS- Notwithstanding subsection (b)(1)(B), if a provider of broadband service capability requests that the map developed and maintained pursuant to this section shall not depict the information in clause (i) or (ii), or both, of such subsection for a particular area or areas, the NTIA shall comply with such request.CommentsClose CommentsPermalink





(g) Protection of Information- Except for the information provided to the public by the NTIA in subsection (d), nothing in this section shall reduce or remove any obligation the NTIA has to protect proprietary information, nor shall this section be construed to compel the NTIA to make publicly available any proprietary information. Notwithstanding any other provision of this section, any information obtained by NTIA pursuant to subsection (f) that reveals competitively sensitive information of an individual provider of broadband service capability shall not be disclosed by NTIA.CommentsClose CommentsPermalink

SEC. 4. GRANTS TO STATES FOR BROADBAND MAP DEVELOPMENT.

(a) In General- The NTIA may, to the extent amounts are made available pursuant to section 10(b) for use under this section, make grants to an eligible entity to assist in providing the NTIA with information to facilitate the development of the broadband inventory map required under section 3.CommentsClose CommentsPermalink





(b) State Entity Application and Designation- An eligible entity in any State that seeks to obtain a grant under this section shall submit an application to the NTIA at such time, in such form, and containing such information and assurances as the NTIA may require.CommentsClose CommentsPermalink





(c) Use- Amounts from a grant under this section may be used only for costs involved in developing and obtaining information for the broadband inventory map required under section 3.CommentsClose CommentsPermalink





(d) Conditions-CommentsClose CommentsPermalink





(1) INFORMATION SHARING- As a condition of receipt of a grant under this section, the eligible entity shall agree to provide to the NTIA the information developed or obtained using such grant amounts and necessary for the broadband inventory map required under section 3.CommentsClose CommentsPermalink





(2) MATCHING REQUIREMENT- An eligible entity may not obtain a grant under this section to carry out the activities under this section unless such entity agrees to provide, from non-Federal funds, an amount equal to not less than 20 percent of the amount of the grant toward the costs of carrying out such activities.CommentsClose CommentsPermalink





(e) Grant Criteria- The NTIA shall select an eligible entity to receive a grant under this section based upon criteria that shall include--CommentsClose CommentsPermalink





(1) whether such entity requesting a grant is organized on a statewide basis and prepared to develop information for use by NTIA on a timely basis;CommentsClose CommentsPermalink





(2) the need of such entity for financial support, taking into account the financial support from State or other sources, to fulfill the objectives of this Act; andCommentsClose CommentsPermalink





(3) whether the denial of such entity's grant request would--CommentsClose CommentsPermalink





(A) result in the inability of such entity to develop information on a timely or comprehensive basis; andCommentsClose CommentsPermalink





(B) result in a gap in the information for that State or otherwise thwart the objectives of this Act.CommentsClose CommentsPermalink





(f) Regulations- The NTIA shall issue such regulations as may be necessary to carry out the functions assigned under this section.CommentsClose CommentsPermalink





(g) Eligible Entity- For the purposes of this section, the term `eligible entity' for any State means--CommentsClose CommentsPermalink





(1) an entity that is either--CommentsClose CommentsPermalink





(A) an agency or instrumentality of that State, or a municipality or other subdivision (or agency or instrumentality of a municipality or other subdivision) of that State; orCommentsClose CommentsPermalink





(B) a nonprofit organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and that is exempt from taxation under section 501(a) of such Code; andCommentsClose CommentsPermalink





(2) the entity is the single eligible entity in such State that has been designated by the State to receive a grant under this section.CommentsClose CommentsPermalink

SEC. 5. GRANTS FOR DEMAND-SIDE BROADBAND SERVICE IDENTIFICATION AND ASSESSMENTS.

(a) Grant Authority- From the amounts appropriated under section 10(c), the NTIA shall establish a grant program to create and facilitate the work of local technology planning entities that represent a broad cross-section of their community, including representatives of business, telecommunications labor organizations, consumer organizations, elementary and secondary education, health care providers, libraries, higher education, community-based organizations, tribal organizations, and local government.CommentsClose CommentsPermalink





(b) State Entity Application and Designation- Each eligible planning entity in any State that seeks to obtain a grant under this section shall submit an application to the NTIA at such time, in such form, and containing such information and assurances as the NTIA may require. Such application shall contain a demonstration that--CommentsClose CommentsPermalink





(1) the entity is an eligible planning entity; andCommentsClose CommentsPermalink





(2) the eligible planning entity--CommentsClose CommentsPermalink





(A) is the single eligible planning entity in such State that has been designated by the State for an exclusive geographic area within the State to receive a grant under this section; orCommentsClose CommentsPermalink





(B) is the single eligible planning entity that is designated by the governing body of an Indian tribe to receive a grant under this section.CommentsClose CommentsPermalink





(c) Use of Funds- Amounts from a grant under this section shall be used to assist an eligible planning entity to--CommentsClose CommentsPermalink





(1) assess the current use of broadband service capability across relevant community sectors;CommentsClose CommentsPermalink





(2) set goals for improving or maximizing such use within each sector;CommentsClose CommentsPermalink





(3) develop a plan for achieving the eligible planning entity's goals, with specific recommendations for identifying and spurring demand for such capability;CommentsClose CommentsPermalink





(4) collaborate with providers of broadband service capability and other high technology companies to encourage the deployment and use of broadband service capability in unserved and underserved areas;CommentsClose CommentsPermalink





(5) identify local demand for broadband service capability and aggregate such demand;CommentsClose CommentsPermalink





(6) establish programs, but not acquire equipment or facilities, to improve computer ownership and Internet access for unserved and underserved populations; andCommentsClose CommentsPermalink





(7) facilitate the exchange of information regarding the use and demand for broadband service capability between the public and private sectors.CommentsClose CommentsPermalink





(d) Prohibition- Funds made available by a grant under this section shall not be used for the provision of broadband service capability or the acquisition of equipment or facilities for such capability, except that this prohibition shall not prohibit an eligible planning entity's use of such funds to acquire broadband service capability or equipment or facilities for such capability for use by such entity in its own conduct of planning activities.CommentsClose CommentsPermalink





(e) Regulations- The NTIA shall issue such regulations as may be necessary to carry out the functions assigned under this section.CommentsClose CommentsPermalink





(f) Eligible Planning Entity- For the purposes of this section, the term `eligible planning entity' for any State means--CommentsClose CommentsPermalink





(1) an agency or instrumentality of that State, a municipality or other subdivision (or agency or instrumentality of a municipality or other subdivision) of that State, or an Indian tribe; orCommentsClose CommentsPermalink





(2) a nonprofit organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and that is exempt from taxation under section 501(a) of such Code.CommentsClose CommentsPermalink

SEC. 6. CONSUMER SURVEY OF BROADBAND SERVICE CAPABILITY.

(a) Authority- For the purpose of evaluating, on a statistically significant basis, the national characteristics of the use of broadband service capability, the Commission shall conduct and make public periodic surveys of consumers in urban, suburban, and rural areas in the large business, small business, and residential consumer markets to determine the following:CommentsClose CommentsPermalink





(1) The types of technology used to provide the broadband service capability to which consumers subscribe.CommentsClose CommentsPermalink





(2) The amounts consumers pay per month for such capability.CommentsClose CommentsPermalink





(3) The actual data transmission speeds of such capability.CommentsClose CommentsPermalink





(4) The types of applications and services consumers most frequently use in conjunction with such capability.CommentsClose CommentsPermalink





(5) For consumers who have declined to subscribe to broadband service capability, the reasons given by such consumers for declining such capability.CommentsClose CommentsPermalink





(6) Other sources of broadband service capability which consumers regularly use or on which they rely.CommentsClose CommentsPermalink





(7) Any other information the Commission deems appropriate for such purpose.CommentsClose CommentsPermalink





(b) Public Availability- The Commission shall make publicly available the results of surveys conducted under this section at least once per year.CommentsClose CommentsPermalink

SEC. 7. CONFIDENTIALITY OF CONSUMER INFORMATION.

(a) In General- The Commission shall, within 180 days after the date of the enactment of this Act, promulgate regulations--CommentsClose CommentsPermalink





(1) to protect the confidentiality of personal consumer information collected for the purposes of this Act;CommentsClose CommentsPermalink





(2) to require the Commission, the NTIA, and each other entity that collects or controls such information for the purposes of this Act (including any eligible entity under section 4, eligible planning entity designated under section 5(b)(2), and commercial and public provider of broadband service capability) to protect the confidentiality of such information; andCommentsClose CommentsPermalink





(3) to permit such information to be disclosed by such entities only to the extent consistent with the provisions and for the purposes of this Act, or with the prior express authorization of the consumer to whom it pertains.CommentsClose CommentsPermalink





(b) Limitation- The regulations promulgated under subsection (a) shall not preclude the ability of any consumer or other person or entity to search, by individual street address, the broadband inventory map developed and maintained pursuant to section 3, or any of the individual State maps that may compose it.CommentsClose CommentsPermalink

SEC. 8. STATE OR LOCAL AUTHORITY.

Except as provided in section 7, nothing in this Act shall be construed to expand or limit the authority of States, Indian tribes, or units of local government to compel the collection of information.CommentsClose CommentsPermalink

SEC. 9. SUNSET PROVISIONS.

(a) Broadband Deployment Information & Consumer Survey- Sections 2 and 6 shall cease to be effective after the end of the 6-year period beginning on the date of the enactment of this Act.CommentsClose CommentsPermalink





(b) Broadband Inventory Map- Section 3 shall cease to be effective after the end of the 7-year period beginning on the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

(a) In General- There is authorized to be appropriated to carry out sections 3 and 4 of this Act--CommentsClose CommentsPermalink





(1) $20,000,000 for fiscal year 2008;CommentsClose CommentsPermalink





(2) $20,000,000 for fiscal year 2009; andCommentsClose CommentsPermalink





(3) $20,000,000 for fiscal year 2010.CommentsClose CommentsPermalink





(b) Broadband Map Information Development Grants- Of any amounts appropriated in each fiscal year pursuant to subsection (a), not less than $15,000,000 shall be available only for grants under section 4.CommentsClose CommentsPermalink





(c) Local Technology Planning Grants- In addition to the amount appropriated under subsection (a), there is authorized to be appropriated to make grants under section 5--CommentsClose CommentsPermalink





(1) $50,000,000 for fiscal year 2008;CommentsClose CommentsPermalink





(2) $100,000,000 for fiscal year 2009; andCommentsClose CommentsPermalink





(3) $125,000,000 for fiscal year 2010.CommentsClose CommentsPermalink

SEC. 11. DEFINITIONS.

For the purposes of this Act, the following definitions shall apply:CommentsClose CommentsPermalink





(1) BROADBAND SERVICE CAPABILITY- The term `broadband service capability' means an Internet Protocol-based transmission service that is offered to end users to enable such end users to send and receive voice, video, data, graphics, or a combination, to or from the Internet without regard to any transmission media or technology.CommentsClose CommentsPermalink





(2) COMMISSION- The term `Commission' means the Federal Communications Commission.CommentsClose CommentsPermalink





(3) INDIAN TRIBE- The term `Indian tribe' has the meaning given in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)).CommentsClose CommentsPermalink





(4) NTIA- The term `NTIA' means the National Telecommunications and Information Administration of the Department of Commerce.CommentsClose CommentsPermalink





(5) PERSONAL CONSUMER INFORMATION- The term `personal consumer information'--CommentsClose CommentsPermalink





(A) means information that allows a human being to be identified individually;CommentsClose CommentsPermalink





(B) includes the following information with respect to an individual--CommentsClose CommentsPermalink





(i) the first and last name;CommentsClose CommentsPermalink





(ii) a home or physical address;CommentsClose CommentsPermalink





(iii) a date or place of birth;CommentsClose CommentsPermalink





(iv) an email address or a telephone number;CommentsClose CommentsPermalink





(v) a Social Security account number, tax identification number, birth certificate number, passport number, driver's license number, or any other any government-issued identification number; orCommentsClose CommentsPermalink





(vi) a credit card number or bank account or card number; andCommentsClose CommentsPermalink





(C) does not include any record of aggregate information that does not permit the identification of particular individuals.CommentsClose CommentsPermalink





(6) PROVIDER-CommentsClose CommentsPermalink





(A) PUBLIC PROVIDER- The term `public' when used with respect to a provider of broadband service capability means a provider that is an agency or instrumentality of a State, or a municipality or other subdivision (or agency or instrumentality of a municipality or other subdivision) of a State, regardless of the facilities used.CommentsClose CommentsPermalink





(B) COMMERCIAL PROVIDER- The term `commercial' when used with respect to a provider of broadband service capability means a provider that offers broadband service capability for a fee, or on an advertising-supported basis, directly to the public or to such classes of users as to be effectively available to the public, regardless of the facilities used.CommentsClose CommentsPermalink





(7) STATE- The term `State' means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, the Northern Mariana Islands, and any other territory and possession of the United States.CommentsClose CommentsPermalink

Passed the House of Representatives November 13, 2007.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk.