[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2929 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 2929

To require the Federal Communications Commission to establish a program 
    to promote the availability and sustainability of robust rural 
  broadband networks in high cost rural areas, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 22, 2019

  Mr. Mullin (for himself and Mr. Peterson) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To require the Federal Communications Commission to establish a program 
    to promote the availability and sustainability of robust rural 
  broadband networks in high cost rural areas, 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 ``Rural Broadband Network Advancement 
Act of 2019''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Internet data demands are increasing, and video 
        streaming services represent a significant portion of the 
        growth of internet traffic today.
            (2) Broadband network operators must invest in additional 
        capacity to accommodate that data and other traffic generated 
        by third-party online services leveraging underlying broadband 
        networks.
            (3) These edge providers depend upon the availability of 
        such robust underlying network capacity to deliver their 
        services to users.
            (4) The costs associated with broadband infrastructure 
        upgrades are significant and growing to keep pace with the 
        online services that depend on these underlying networks.
            (5) The challenges of investing in and maintaining such 
        robust network capacity are even greater in rural areas due to 
        the significant distances over which networks must be built and 
        operated and the limited densities of the rural communities to 
        be served.
            (6) All persons and entities that utilize and leverage 
        networks should share equitably in supporting the availability 
        and sustainability of rural broadband networks.

SEC. 3. PROMOTING AND SUSTAINING ROBUST RURAL BROADBAND INFRASTRUCTURE.

    (a) Establishment of Program.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Commission shall complete a 
        rulemaking that establishes a program under which each edge 
        provider, except those described under paragraph (3), that has 
        data transported across the network of a rural broadband 
        provider in a high cost rural area shall pay a network user fee 
        on an equitable and nondiscriminatory basis to advance and 
        sustain broadband-capable networks and broadband internet 
        service in high cost rural areas.
            (2) Single effective date for payments made.--Any rule 
        adopted pursuant to paragraph (1) shall have the same effective 
        date for payments made to each rural broadband provider.
            (3) Exemptions.--The following edge providers are exempt 
        from the requirement to pay a network user fee described in 
        paragraph (1):
                    (A) De minimis amounts.--An edge provider or class 
                of edge providers whose assessment of network user fees 
                is determined to be de minimis by the Commission.
                    (B) General exemptions.--Any State, local, or 
                Tribal government, elementary school or secondary 
                school (as such terms are defined in section 8101 of 
                the Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 7801)), library, hospital, or individual.
                    (C) Small business.--Any small business concern, as 
                described in section 3 of the Small Business Act (15 
                U.S.C. 632).
    (b) Calculation of Limited Costs, Collection of Network User Fees, 
and Distribution of Network User Fees.--
            (1) Calculation of network user fees.--
                    (A) Calculation of limited costs.--The rulemaking 
                under subsection (a) shall include a calculation of 
                costs associated with transmission by a rural broadband 
                provider of edge provider data that are not already 
                recovered through user rates that are reasonably 
                comparable to those in urban areas, Federal or State 
                universal service support, or other Federal or State 
                programs aimed at promoting rural broadband deployment 
                or sustaining rural broadband networks.
                    (B) Costs described.--The costs described in 
                subparagraph (A) include the following:
                            (i) Costs associated with the initial 
                        deployment of a rural broadband network.
                            (ii) Costs associated with ongoing 
                        operation and maintenance of such network.
                            (iii) Costs associated with the ongoing 
                        delivery of services to users via that network 
                        (including costs of transit and transport 
                        between rural service areas and urban or 
                        suburban interconnection points).
                    (C) Update of costs.--Not less frequently than 
                every 2 years after the date on which the rulemaking is 
                completed under subsection (a)(1), the calculation of 
                costs under subparagraph (A) shall be updated.
            (2) Collection of network user fees.--The rulemaking under 
        subsection (a) shall include a mechanism through which the 
        costs calculated under paragraph (1) are collected from edge 
        providers under the program on a quarterly basis. The 
        Commission shall ensure that the assessment of network user 
        fees on each edge provider is reasonably reflective of the 
        relative proportion of that edge provider's data transmitted on 
        eligible rural broadband providers' networks serving high cost 
        rural areas.
            (3) Distribution of network user fees.--The rulemaking 
        under subsection (a) shall provide for distribution on an 
        equitable and nondiscriminatory basis to rural broadband 
        providers of network user fees collected from edge providers 
        under the program on a quarterly basis. The Commission shall 
        ensure that the distribution of network user fees to each rural 
        broadband provider is reasonably reflective of the relative 
        proportion of edge provider data as measured and transmitted on 
        that rural broadband provider's network and by considering 
        other factors such as regional cost disparities, natural 
        disasters, and Federal emergencies.
    (c) Eligibility for Compensation.--The rulemaking under subsection 
(a) shall include the following:
            (1) In general.--To be eligible for receipt of network user 
        fees collected and distributed under the program, an entity--
                    (A) shall be a rural broadband provider; and
                    (B) shall submit any other information reasonably 
                prescribed by the Commission as needed to determine the 
                appropriate level of network user fees to be collected 
                and the equitable distribution of such collected 
                amounts as compensation.
            (2) Use of funds.--A rural broadband provider that receives 
        compensation through network user fees may only use such funds 
        in connection with any of the following:
                    (A) The deployment of a rural broadband network.
                    (B) Ongoing operation and maintenance of a rural 
                broadband network.
                    (C) The delivery of broadband internet services to 
                users in a high cost rural area.
    (d) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (2) Edge provider.--The term ``edge provider'' means a 
        provider that--
                    (A) provides a service over the internet--
                            (i) for which the provider requires the 
                        user to subscribe or establish an account in 
                        order to use the service;
                            (ii) that the user purchases from the 
                        provider of the service without a subscription 
                        or account;
                            (iii) by which a program searches for and 
                        identifies items in a database that correspond 
                        to keywords or characters specified by the 
                        user, used especially for finding particular 
                        sites on the World Wide Web; or
                            (iv) by which the user divulges sensitive 
                        user information; and
                    (B) includes a service described in subparagraph 
                (A) that is provided through a software program, 
                including a mobile application.
            (3) High cost rural area.--The term ``high cost rural 
        area'' means any area of the United States that is not 
        contained in an incorporated city or town with a population in 
        excess of 20,000 inhabitants.
            (4) Nonprofit organization.--The term ``nonprofit 
        organization'' means an organization that is described in 
        section 501(c)(3) of the Internal Revenue Code of 1986 and is 
        exempt from taxation under section 501(a) of such Code.
            (5) Rural broadband provider.--The term ``rural broadband 
        provider'' means an entity providing broadband in a high cost 
        rural area pursuant to any terrestrial technology, including 
        fixed or mobile wireless or wireline networks, if such entity--
                    (A) provides broadband service in a high cost rural 
                area to fewer than 100,000 locations or subscribers 
                served within a State; and
                    (B) meets the service obligations on speed, 
                latency, and usage allowances as determined by the 
                Commission.
            (6) State.--The term ``State'' has the meaning given that 
        term in section 3 of the Communications Act of 1934 (47 U.S.C. 
        153).
    (e) Universal Service Fund.--The network user fees collected by 
this Act may not be used to support, contribute, or fund universal 
service under section 254 of the Communications Act of 1934 (47 U.S.C. 
254).
    (f) Prohibition.--An edge provider may not charge a fee or require 
any other payment from a rural broadband provider as an explicit or 
implicit offset to network user fees.
    (g) Enforcement by the Federal Communications Commission.--
            (1) Powers of commission.--Except as otherwise provided, 
        the Commission shall enforce this Act in the same manner, by 
        the same means, and with the same jurisdiction, powers, and 
        duties pursuant to the Communications Act of 1934 (47 U.S.C. 15 
        et seq.).
            (2) Penalties, privileges, and immunities.--Any person who 
        violates this Act shall be subject to the penalties and 
        entitled to the privileges and immunities provided in the 
        Communications Act.
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