S. 1853Senate110th Congress (2007-2009)In Committee

Community Broadband Act of 2007

Introduced July 23, 2007

Legislative Activity

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5 earlier actions
SenateCalendars Latest Action

Placed on Senate Legislative Calendar under General Orders. Calendar No. 707.

April 22, 2008

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SenateIntro Referral

Introduced in Senate

July 23, 2007

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S9778-9779)

July 23, 2007

SenateIntro Referral

Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S9779)

July 23, 2007

SenateCommittee

Committee on Commerce, Science, and Transportation. Ordered to be reported with amendments favorably.

October 30, 2007

SenateCommittee

Committee on Commerce, Science, and Transportation. Reported by Senator Inouye with amendments. With written report No. 110-330.

April 22, 2008

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 707.

April 22, 2008

Floor Debate

6 members

What members said about S. 1853 on the floor

2 Republicans4 Democrats
Max Baucus
Sen. Max BaucusD-MT · Jul 23, 2007

Mr. President, today, I am proud to join with my good friend and colleague Senator Snowe to introduce the Trade and Globalization Adjustment Assistance Act of 2007. This legislation would invest in…

Frank R. Lautenberg
Sen. Frank R. LautenbergD-NJ · Jul 23, 2007

Mr. President, I rise to introduce the Community Broadband Act of 2007. I am pleased to be joined in this effort by Senator Smith of Oregon, Senator Kerry of Massachusetts, Senator McCain of Arizona,…

Frank R. Lautenberg
Sen. Frank R. LautenbergD-NJ · Jul 23, 2007

Mr. President, I rise to introduce the Community Broadband Act of 2007. I am pleased to be joined in this effort by Senator Smith of Oregon, Senator Kerry of Massachusetts, Senator McCain of Arizona,…

Harry Reid
Sen. Harry ReidD-NV · Jul 23, 2007

Mr. President, I rise today to introduce the Stop Senior Suicide Act. As many of you know, suicide prevention is an issue close to my heart for personal reasons. In 1972, I lost my own father to…

Olympia J. Snowe
Sen. Olympia J. SnoweR-ME · Jul 23, 2007

Mr. President, as we know, this administration has sought closer trade ties to a growing number of nations throughout the world. It asked the last Congress to consider four free trade agreements, and…

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Daniel K. Inouye
Sen. Daniel K. InouyeD-HI · Jul 23, 2007

Mr. President, I rise today to introduce a bill that would designate the Friday following Thanksgiving of each year as Native American Heritage Day. I believe that it is well known to most Members of…

Frank R. Lautenberg
Sen. Frank R. LautenbergD-NJ · Oct 30, 2007

Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to hold a hearing during the session of the Senate on Tuesday, October 30, 2007, at…

Chuck Grassley
Sen. Chuck GrassleyR-IA · Jul 23, 2007

Mr. President, right now millions of Americans don't know whether they should be paying an estimated tax because Congress hasn't passed AMT relief. In other words, there are many taxpayers who will…

Bill Text

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Latest
Reported to SenateIssued April 22, 2008
        [Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[S. 1853 Reported in Senate (RS)]

Calendar No. 707
110th CONGRESS
2d Session
S. 1853

[Report No. 110-330]

To promote competition, to preserve the ability of local governments to
provide broadband capability and services, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

July 23, 2007

Mr. Lautenberg (for himself, Mr. Smith, Mr. Kerry, Mr. McCain, Mrs.
McCaskill, Ms. Snowe, Mr. Stevens, Mr. Inouye, and Mr. Feingold)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation

April 22, 2008

Reported by Mr. Inouye, with amendments
[Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

A BILL

To promote competition, to preserve the ability of local governments to
provide broadband capability and services, 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 ``Community Broadband Act of 2007''.

SEC. 2. LOCAL GOVERNMENT PROVISION OF ADVANCED TELECOMMUNICATIONS
CAPABILITY AND SERVICES.

No State or local government statute, regulation, or other State or
local government legal requirement may prohibit, or have the effect of
prohibiting, any public provider from providing advanced
telecommunications capability, or services using advanced
telecommunications capability, to any person or any public or private
entity.

SEC. 3. SAFEGUARDS.

(a) Administration.--To the extent any public provider regulates
competing providers of advanced telecommunications capability or
services, such public provider shall apply its ordinances and rules and
policies, including those relating to the use of public rights-of-way,
permitting, performance bonding, and reporting, without discrimination
in favor of itself or any other provider of advanced telecommunications
capability or service that such provider owns or with which such
provider is affiliated.
(b) Application of General Laws.--Nothing in this Act exempts a
public provider that offers advanced telecommunications capability or
services to the public from any Federal communications law or
regulation that applies to all providers of advanced telecommunications
capability or services to the public.

SEC. 4. PUBLIC-PRIVATE PARTNERSHIPS ENCOURAGED.

Each public provider that intends to provide advanced
telecommunications capability or services to the public is encouraged
to consider the potential benefits of a public-private partnership
prior to providing such capability or services.

<DELETED>SEC. 5. PUBLIC INPUT.</DELETED>

SEC. 5. PUBLIC INPUT AND PRIVATE SECTOR OPPORTUNITY TO BID.

(a) Notice and Opportunity To Be Heard.--Before a public provider
may provide advanced telecommunications capability or services to the
public, either directly or through a public-private partnership, such
public provider shall--
(1) publish notice of its intention to do so;
(2) generally describe the capability or services to be
provided and the proposed coverage area for such capability or
services;
(3) identify any special capabilities or services to be
provided in low-income areas or other demographically or
geographically defined areas; <DELETED>and
</DELETED>    (4) provide local citizens and private-sector
entities with an opportunity to be heard on the costs and
benefits of the project and potential alternatives to the
<DELETED>project. </DELETED>project, including any bids under
paragraph (5); and
(5) provide private-sector entities with an opportunity to
bid to provide such capability or services during the 30-day
period following publication of the notice provided for in
paragraph (1).
(b) Application to Existing Projects and Pending Proposals.--
Subsection (a) shall not apply to--
(1) any contract or other arrangement under which a public
provider is providing advanced telecommunications capability or
services to the public as of the date of enactment of this Act;
and
(2) any public provider proposal to provide advanced
telecommunications capability or services to the public that,
as of the date of enactment of this Act--
(A) is in the request-for-proposals process;
(B) is in the process of being built; or
(C) has been approved by referendum.

SEC. 6. EXEMPTIONS.

The requirements of sections 3 and 5 shall not apply--
(1) when a public provider provides advanced
telecommunications capabilities or services other than to the
public or to such classes of users as to be effectively
available to the public; or
(2) during an emergency declared by the President, the
Governor of the State in which the public provider is located,
or any other elected local official authorized by law to
declare a state of emergency in the jurisdiction in which the
public provider is located.

SEC. 7. USE OF FEDERAL FUNDS.

If any project providing advanced telecommunications capability, or
services using advanced telecommunications capability, under this Act
fails due to bankruptcy or is terminated by a public provider, no
Federal funds may be provided to such public provider specifically to
assist such public provider in reviving or renewing that project,
unless such failure due to bankruptcy occurred in any jurisdiction that
is subject to a declaration by the President of a major disaster, as
defined under section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122).

<DELETED>SEC. 7. DEFINITIONS.</DELETED>

SEC. 8. DEFINITIONS.

In this Act:
(1) Advanced telecommunications capability.--The term
``advanced telecommunications capability'' has the meaning
given that term by section 706(c)(1) of the Telecommunications
Act of 1996 (47 U.S.C. 157 note).
(2) Public provider.--The term ``public provider'' means a
State or political subdivision thereof, any agency, authority,
or instrumentality of a State or political subdivision thereof,
or an Indian tribe (as defined in section 4(e) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b(e)), or any entity that is owned, controlled, or otherwise
affiliated with a State, political subdivision thereof, agency,
authority, or instrumentality, or Indian tribe.
Calendar No. 707

110th CONGRESS

2d Session

S. 1853

[Report No. 110-330]

_______________________________________________________________________

A BILL

To promote competition, to preserve the ability of local governments to
provide broadband capability and services, and for other purposes.

_______________________________________________________________________

April 22, 2008

Reported with amendments