[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1492 Introduced in Senate (IS)]

  1st Session
                                S. 1492

    To improve the quality of Federal and State data regarding the 
   availability and quality of broadband services and to promote the 
deployment of affordable broadband services to all parts of the Nation.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 24, 2007

   Mr. Inouye (for himself, Mr. Dorgan, Mr. Pryor, Ms. Cantwell, Ms. 
Klobuchar, and Mr. Kerry) introduced the following bill; which was read 
     twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 A BILL


 
    To improve the quality of Federal and State data regarding the 
   availability and quality of broadband services and to promote the 
deployment of affordable broadband services to all parts of the Nation.

    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 Data Improvement Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The deployment and adoption of broadband technology has 
        resulted in enhanced economic development and public safety for 
        communities across the Nation, improved health care and 
        educational opportunities, and a better quality of life for all 
        Americans.
            (2) Continued progress in the deployment and adoption of 
        broadband technology is vital to ensuring that our Nation 
        remains competitive and continues to create business and job 
        growth.
            (3) Improving Federal data on the deployment and adoption 
        of broadband service will assist in the development of 
        broadband technology across all regions of the Nation.
            (4) The Federal Government should also recognize and 
        encourage complementary state efforts to improve the quality 
        and usefulness of broadband data and should encourage and 
        support the partnership of the public and private sectors in 
        the continued growth of broadband services and information 
        technology for the residents and businesses of the Nation.

SEC. 3. IMPROVING FEDERAL DATA ON BROADBAND.

    (a) Improving FCC Broadband Data.--Within 120 days after the date 
of enactment of this Act, the Federal Communications Commission shall 
issue an order in WC docket No. 07-38 which shall, at a minimum--
            (1) revise or update, if determined necessary, the existing 
        definitions of advanced telecommunications capability, or 
        broadband;
            (2) establish a new definition of second generation 
        broadband to reflect a data rate that is not less than the data 
        rate required to reliably transmit full-motion, high-definition 
        video; and
            (3) revise its Form 477 reporting requirements to require 
        filing entities to report broadband connections and second 
        generation broadband connections by 5-digit postal zip code 
        plus 4-digit location.
    (b) Exception.--The Commission shall exempt an entity from the 
reporting requirements of subsection (a)(3) if the Commission 
determines that a compliance by that entity with the requirements is 
cost prohibitive, as defined by the Commission.
    (c) Improving Section 706 Inquiry.--Section 706 of the 
Telecommunications Act of 1996 (47 U.S.C. 157 nt) is amended--
            (1) by striking ``regularly'' in subsection (b) and 
        inserting ``annually'';
            (2) by redesignating subsection (c) as subsection (e); and
            (3) by inserting after subsection (b) the following:
    ``(c) Measurement of Extent of Deployment.--In determining under 
subsection (b) whether advanced telecommunications capability is being 
deployed to all Americans in a reasonable and timely fashion, the 
Commission shall consider data collected using 5-digit postal zip code 
plus 4-digit location.
    ``(d) Demographic Information for Unserved Areas.--As part of the 
inquiry required by subsection (b), the Commission shall, using 5-digit 
postal zip code plus 4-digit location information, compile a list of 
geographical areas that are not served by any provider of advanced 
telecommunications capability (as defined by section 706(c)(1) of the 
Telecommunications Act of 1996 (47 U.S.C. 157 nt)) and to the extent 
that data from the Census Bureau is available, determine, for each such 
unserved area--
            ``(1) the population;
            ``(2) the population density; and
            ``(3) the average per capita income.'';
            (4) by inserting ``an evolving level of'' after 
        ``technology,'' in paragraph (1) of subsection (e), as 
        redesignated.
    (d) Improving Census Data on Broadband.--The Secretary of Commerce, 
in consultation with the Federal Communications Commission, shall 
expand the American Community Survey conducted by the Bureau of the 
Census to elicit information for residential households, including 
those located on native lands, to determine whether persons at such 
households own or use a computer at that address, whether persons at 
that address subscribe to Internet service and, if so, whether such 
persons subscribe to dial-up or broadband Internet service at that 
address.

SEC. 4. STUDY ON ADDITIONAL BROADBAND METRICS AND STANDARDS.

    (a) In General.--The Comptroller General shall conduct a study to 
consider and evaluate additional broadband metrics or standards that 
may be used by industry and the Federal Government to provide users 
with more accurate information about the cost and capability of their 
broadband connection, and to better compare the deployment and 
penetration of broadband in the United States with other countries. At 
a minimum, such study shall consider potential standards or metrics 
that may be used--
            (1) to calculate the average price per megabyte of 
        broadband offerings;
            (2) to reflect the average actual speed of broadband 
        offerings compared to advertised potential speeds;
            (3) to compare the availability and quality of broadband 
        offerings in the United States with the availability and 
        quality of broadband offerings in other industrialized nations, 
        including countries that are members of the Organization for 
        Economic Cooperation and Development; and
            (4) to distinguish between complementary and substitutable 
        broadband offerings in evaluating deployment and penetration.
    (b) Report.--Not later than one year after the date of enactment of 
this Act, the Comptroller General shall submit a report to the Senate 
Committee on Commerce, Science, and Transportation and the House of 
Representatives Committee on Energy and Commerce on the results of the 
study, with recommendations for how industry and the Federal 
Communications Commission can use such metrics and comparisons to 
improve the quality of broadband data and to better evaluate the 
deployment and penetration of comparable broadband service at 
comparable rates across all regions of the Nation.

SEC. 5. STUDY ON THE IMPACT OF BROADBAND SPEED AND PRICE ON SMALL 
              BUSINESSES.

    (a) In General.--The Small Business Administration Office of 
Advocacy shall conduct a study evaluating the impact of broadband speed 
and price on small businesses.
    (b) Report.--Not later than one year after the date of enactment of 
this Act, the Office shall submit a report to the Senate Committee on 
Commerce, Science, and Transportation, the Senate Committee on Small 
Business and Entrepreneurship, the House of Representatives Committee 
on Energy and Commerce, and the House of Representatives Committee on 
Small Business on the results of the study, including--
            (1) a survey of broadband speeds available to small 
        businesses;
            (2) a survey of the cost of broadband speeds available to 
        small businesses;
            (3) a survey of the type of broadband technology used by 
        small businesses; and
            (4) any policy recommendations that may improve small 
        businesses access to comparable broadband services at 
        comparable rates in all regions of the Nation.

SEC. 6. ENCOURAGING STATE INITIATIVES TO IMPROVE BROADBAND.

    (a) Purposes.--The purposes of any grant under subsection (b) are--
            (1) to ensure that all citizens and businesses in a State 
        have access to affordable and reliable broadband service;
            (2) to achieve improved technology literacy, increased 
        computer ownership, and home broadband use among such citizens 
        and businesses;
            (3) to establish and empower local grassroots technology 
        teams in each State to plan for improved technology use across 
        multiple community sectors; and
            (4) to establish and sustain an environment ripe for 
        broadband services and information technology investment.
    (b) Establishment of State Broadband Data and Development Grant 
Program.--
            (1) In general.--The Secretary of Commerce shall award 
        grants, taking into account the results of the peer review 
        process under subsection (d), to eligible entities for the 
        development and implementation of statewide initiatives to 
        identify and track the availability and adoption of broadband 
        services within each State.
            (2) Competitive basis.--Any grant under subsection (b) 
        shall be awarded on a competitive basis.
    (c) Eligibility.--To be eligible to receive a grant under 
subsection (b), an eligible entity shall--
            (1) submit an application to the Secretary of Commerce, at 
        such time, in such manner, and containing such information as 
        the Secretary may require; and
            (2) contribute matching non-Federal funds in an amount 
        equal to not less than 20 percent of the total amount of the 
        grant.
    (d) Peer Review; Nondisclosure.--
            (1) In general.--The Secretary shall by regulation require 
        appropriate technical and scientific peer review of 
        applications made for grants under this section.
            (2) Review procedures.--The regulations required under 
        paragraph (1) shall require that any technical and scientific 
        peer review group--
                    (A) be provided a written description of the grant 
                to be reviewed;
                    (B) provide the results of any review by such group 
                to the Secretary of Commerce; and
                    (C) certify that such group will enter into 
                voluntary nondisclosure agreements as necessary to 
                prevent the unauthorized disclosure of confidential and 
                proprietary information provided by broadband service 
                providers in connection with projects funded by any 
                such grant.
    (e) Use of Funds.--A grant awarded to an eligible entity under 
subsection (b) shall be used--
            (1) to provide a baseline assessment of broadband service 
        deployment in each State;
            (2) to identify and track--
                    (A) areas in each State that have low levels of 
                broadband service deployment;
                    (B) the rate at which residential and business 
                users adopt broadband service and other related 
                information technology services; and
                    (C) possible suppliers of such services;
            (3) to identify barriers to the adoption by individuals and 
        businesses of broadband service and related information 
        technology services, including whether or not--
                    (A) the demand for such services is absent; and
                    (B) the supply for such services is capable of 
                meeting the demand for such services;
            (4) to identify the speeds of broadband connections made 
        available to individuals and businesses within the State, and, 
        at a minimum, to rely on the data rate benchmarks for broadband 
        and second generation broadband identified by the Federal 
        Communications Commission to promote greater consistency of 
        data among the States;
            (5) to create and facilitate in each county or designated 
        region in a State a local technology planning team--
                    (A) with members representing a cross section of 
                the community, including representatives of business, 
                telecommunications labor organizations, K-12 education, 
                health care, libraries, higher education, community-
                based organizations, local government, tourism, parks 
                and recreation, and agriculture; and
                    (B) which shall--
                            (i) benchmark technology use across 
                        relevant community sectors;
                            (ii) set goals for improved technology use 
                        within each sector; and
                            (iii) develop a tactical business plan for 
                        achieving its goals, with specific 
                        recommendations for online application 
                        development and demand creation;
            (6) to work collaboratively with broadband service 
        providers and information technology companies to encourage 
        deployment and use, especially in unserved and underserved 
        areas, through the use of local demand aggregation, mapping 
        analysis, and the creation of market intelligence to improve 
        the business case for providers to deploy;
            (7) to establish programs to improve computer ownership and 
        Internet access for unserved and underserved populations;
            (8) to collect and analyze detailed market data concerning 
        the use and demand for broadband service and related 
        information technology services;
            (9) to facilitate information exchange regarding the use 
        and demand for broadband services between public and private 
        sectors; and
            (10) to create within each State a geographic inventory map 
        of broadband service, and where feasible second generation 
        broadband service, which shall--
                    (A) identify gaps in such service through a method 
                of geographic information system mapping of service 
                availability at the census block level; and
                    (B) provide a baseline assessment of statewide 
                broadband deployment in terms of households with high-
                speed availability.
    (f) Participation Limit.--For each State, an eligible entity may 
not receive a new grant under this section to fund the activities 
described in subsection (d) within such State if such organization 
obtained prior grant awards under this section to fund the same 
activities in that State in each of the previous 4 consecutive years.
    (g) Reporting.--The Secretary of Commerce shall--
            (1) require each recipient of a grant under subsection (b) 
        to submit a report on the use of the funds provided by the 
        grant; and
            (2) create a web page on the Department of Commerce web 
        site that aggregates relevant information made available to the 
        public by grant recipients, including, where appropriate, 
        hypertext links to any geographic inventory maps created by 
        grant recipients under subsection (e)(10).
    (h) Definitions.--In this section:
            (1) Eligible Entity.--The term ``eligible entity'' means a 
        non-profit organization that is selected by a State to work in 
        partnership with State agencies and private sector partners in 
        identifying and tracking the availability and adoption of 
        broadband services within each State.
            (2) Nonprofit Organization.--The term ``nonprofit 
        organization'' means an organization--
                    (A) described in section 501(c)(3) of the Internal 
                Revenue Code of 1986 and exempt from tax under section 
                501(a) of such Code;
                    (B) no part of the net earnings of which inures to 
                the benefit of any member, founder, contributor, or 
                individual;
                    (C) that has an established competency and proven 
                record of working with public and private sectors to 
                accomplish widescale deployment and adoption of 
                broadband services and information technology; and
                    (D) the board of directors of which is not composed 
                of a majority of individuals who are also employed by, 
                or otherwise associated with, any Federal, State, or 
                local government or any Federal, State, or local 
                agency.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $40,000,000 for each of fiscal 
years 2008 through 2012.
    (j) No Regulatory Authority.--Nothing in this section shall be 
construed as giving any public or private entity established or 
affected by this Act any regulatory jurisdiction or oversight authority 
over providers of broadband services or information technology.
                                 <all>