II 110th CONGRESS 1st Session S. 1853 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, and Mr. Inouye) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To promote competition, to preserve the ability of local governments to provide broadband capability and services, and for other purposes.

1.

Short title

This Act may be cited as the Community Broadband Act of 2007.

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.

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.

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.

5.

Public input

(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; and (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 project. (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.

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.

7.

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.