[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3919 Referred in Senate (RFS)]
1st Session
H. R. 3919
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 14, 2007
Received; read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
AN ACT
To provide for a comprehensive nationwide inventory of existing
broadband service, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Broadband Census of America Act of
2007''.
SEC. 2. CENSUS OF BROADBAND SERVICE DEPLOYMENT.
(a) Duty to Collect and Report.--
(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.
(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.
(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--
(A) for each area encompassed by a United States
postal zip code of the 5 digit level--
(i) information concerning the types of
technology used to provide broadband service
capability in such area;
(ii) the tiers designated under paragraph
(2) used to provide such capability in such
area; and
(iii) the actual number of residential
subscribers and the actual number of business
subscribers in such area; and
(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).
(4) Information reported.--In the annual report required by
paragraph (1), the Commission shall provide to the public--
(A) for each area encompassed by a United States
postal zip code of the 5 digit level--
(i) a list of the types of technology used
to provide such capability in such area; and
(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; and
(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.
(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.
(c) International Comparison.--
(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).
(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, and the
regulatory model under which broadband service capability is
provided.
(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.
(e) Regulations.--The Commission shall, within 180 days after the
date of the enactment of this Act, promulgate regulations to implement
this section.
(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.
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.
(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--
(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--
(A) each commercial or public provider of broadband
service capability within such area; and
(B) subject to subsection (f)(5)--
(i) each type of technology used to provide
broadband service capability within such area;
and
(ii) which bandwidth service tiers
designated pursuant to section 2(a)(2) are
available within such area for each provider of
broadband service capability; and
(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.
(c) Data Use Encouraged.--The NTIA shall--
(1) seek to overlay demographic data obtained from other
sources in the Department of Commerce and elsewhere for use
with such broadband inventory map; and
(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.
(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.
(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.
(f) Obtaining Information.--
(1) In general.--The NTIA shall request and obtain such
information as may be necessary to carry out this section from
the following:
(A) Eligible entities under section 4.
(B) The Commission.
(C) Commercial and public providers of broadband
service capability.
(2) Priority of information requests.--If the NTIA has not
otherwise obtained such information pursuant to paragraph (3),
the NTIA shall--
(A) first request and try to obtain such
information from such eligible entities before
requesting and obtaining such information from the
Commission; and
(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.
(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).
(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.
(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.
(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.
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.
(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.
(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.
(d) Conditions.--
(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.
(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.
(e) Grant Criteria.--The NTIA shall select an eligible entity to
receive a grant under this section based upon criteria that shall
include--
(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;
(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; and
(3) whether the denial of such entity's grant request
would--
(A) result in the inability of such entity to
develop information on a timely or comprehensive basis;
and
(B) result in a gap in the information for that
State or otherwise thwart the objectives of this Act.
(f) Regulations.--The NTIA shall issue such regulations as may be
necessary to carry out the functions assigned under this section.
(g) Eligible Entity.--For the purposes of this section, the term
``eligible entity'' for any State means--
(1) an entity that is either--
(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; or
(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; and
(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.
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.
(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--
(1) the entity is an eligible planning entity; and
(2) the eligible planning entity--
(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; or
(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.
(c) Use of Funds.--Amounts from a grant under this section shall be
used to assist an eligible planning entity to--
(1) assess the current use of broadband service capability
across relevant community sectors;
(2) set goals for improving or maximizing such use within
each sector;
(3) develop a plan for achieving the eligible planning
entity's goals, with specific recommendations for identifying
and spurring demand for such capability;
(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;
(5) identify local demand for broadband service capability
and aggregate such demand;
(6) establish programs, but not acquire equipment or
facilities, to improve computer ownership and Internet access
for unserved and underserved populations; and
(7) facilitate the exchange of information regarding the
use and demand for broadband service capability between the
public and private sectors.
(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.
(e) Regulations.--The NTIA shall issue such regulations as may be
necessary to carry out the functions assigned under this section.
(f) Eligible Planning Entity.--For the purposes of this section,
the term ``eligible planning entity'' for any State means--
(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; or
(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.
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:
(1) The types of technology used to provide the broadband
service capability to which consumers subscribe.
(2) The amounts consumers pay per month for such
capability.
(3) The actual data transmission speeds of such capability.
(4) The types of applications and services consumers most
frequently use in conjunction with such capability.
(5) For consumers who have declined to subscribe to
broadband service capability, the reasons given by such
consumers for declining such capability.
(6) Other sources of broadband service capability which
consumers regularly use or on which they rely.
(7) Any other information the Commission deems appropriate
for such purpose.
(b) Public Availability.--The Commission shall make publicly
available the results of surveys conducted under this section at least
once per year.
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--
(1) to protect the confidentiality of personal consumer
information collected for the purposes of this Act;
(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; and
(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.
(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.
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.
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.
(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.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out sections 3 and 4 of this Act--
(1) $20,000,000 for fiscal year 2008;
(2) $20,000,000 for fiscal year 2009; and
(3) $20,000,000 for fiscal year 2010.
(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.
(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--
(1) $50,000,000 for fiscal year 2008;
(2) $100,000,000 for fiscal year 2009; and
(3) $125,000,000 for fiscal year 2010.
SEC. 11. DEFINITIONS.
For the purposes of this Act, the following definitions shall
apply:
(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.
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(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)).
(4) NTIA.--The term ``NTIA'' means the National
Telecommunications and Information Administration of the
Department of Commerce.
(5) Personal consumer information.--The term ``personal
consumer information''--
(A) means information that allows a human being to
be identified individually;
(B) includes the following information with respect
to an individual--
(i) the first and last name;
(ii) a home or physical address;
(iii) a date or place of birth;
(iv) an email address or a telephone
number;
(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; or
(vi) a credit card number or bank account
or card number; and
(C) does not include any record of aggregate
information that does not permit the identification of
particular individuals.
(6) Provider.--
(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.
(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.
(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.
Passed the House of Representatives November 13, 2007.
Attest:
LORRAINE C. MILLER,
Clerk.