[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3919 Reported in House (RH)]






                                                 Union Calendar No. 274
110th CONGRESS
  1st Session
                                H. R. 3919

                          [Report No. 110-443]

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 22, 2007

 Mr. Markey (for himself, Mr. Dingell, Mrs. Wilson of New Mexico, Ms. 
 Eshoo, Mr. Doyle, Mr. Gordon of Tennessee, Mrs. Capps, Mr. Space, Mr. 
Hill, Ms. Solis, Mr. Gonzalez, Mr. Gene Green of Texas, and Mr. Allen) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

                           November 13, 2007

  Additional sponsors: Mr. Barton of Texas, Mr. Upton, and Mr. Stupak

                           November 13, 2007

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on October 
                               22, 2007]

_______________________________________________________________________

                                 A BILL


 
    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; and
                    (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.
                                                 Union Calendar No. 274

110th CONGRESS

  1st Session

                               H. R. 3919

                          [Report No. 110-443]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           November 13, 2007

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed