[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6723 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 6723

 To amend the Communications Act of 1934 to clarify the eligibility of 
   broadband internet access services for Federal universal service 
                    support, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 5, 2020

    Mr. Peterson (for himself, Mr. Young, Mr. Van Drew, Mr. Cox of 
California, Mr. Rogers of Kentucky, Mr. Lucas, Ms. Craig, Mr. Case, Mr. 
Gonzalez of Texas, and Mr. Correa) introduced the following bill; which 
          was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend the Communications Act of 1934 to clarify the eligibility of 
   broadband internet access services for Federal universal service 
                    support, 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 ``Universal Broadband Act of 2020''.

SEC. 2. UNIVERSAL SERVICE SUPPORT FOR BROADBAND INTERNET ACCESS 
              SERVICES.

    (a) Clarification of Eligibility for Support.--
            (1) In general.--Section 254(c) of the Communications Act 
        of 1934 (47 U.S.C. 254(c)) is amended by adding at the end the 
        following:
            ``(4) Broadband internet access services.--In addition to 
        the services included in the definition of universal service 
        under paragraph (1), the Commission shall designate broadband 
        internet access services as services that are supported by 
        Federal universal service support mechanisms. In designating 
        services under this paragraph, the Commission shall ensure that 
        the services designated are sufficient for the purposes for 
        which consumers use broadband internet access services, as such 
        purposes evolve over time.''.
            (2) Obligations of eligible telecommunications carriers.--
        Section 214(e)(1)(A) of the Communications Act of 1934 (47 
        U.S.C. 214(e)(1)(A)) is amended by inserting ``all of'' after 
        ``offer''.
    (b) Contributions to Universal Service.--
            (1) Providers of broadband internet access services 
        required to contribute.--Section 254 of the Communications Act 
        of 1934 (47 U.S.C. 254) is amended--
                    (A) in subsection (b)(4), by inserting ``and all 
                providers of broadband internet access services'' after 
                ``telecommunications services''; and
                    (B) in subsection (d)--
                            (i) in the heading, by striking 
                        ``Telecommunications Carrier'';
                            (ii) in the first sentence, by inserting 
                        ``and every provider of broadband internet 
                        access services'' after ``telecommunications 
                        services''; and
                            (iii) in the second sentence--
                                    (I) by inserting ``, or provider or 
                                class of providers,'' after 
                                ``carriers''; and
                                    (II) by inserting ``or provider's'' 
                                after ``carrier's'' each place it 
                                appears.
            (2) Additional matters relating to universal service 
        contributions.--Section 254(d) of the Communications Act of 
        1934 (47 U.S.C. 254(d)) is amended--
                    (A) by striking ``Every telecommunications 
                carrier'' and inserting the following:
            ``(1) In general.--Every telecommunications carrier''; and
                    (B) by adding at the end the following:
            ``(2) Exclusion from contribution base of services provided 
        to lifeline consumers.--In determining the amount that a 
        telecommunications carrier or provider of a broadband internet 
        access service is required to contribute under this subsection, 
        the Commission shall exclude from the determination any 
        services provided by such carrier or provider to consumers who 
        receive services through the Lifeline program of the 
        Commission.
            ``(3) Consideration of anticipated funding needs.--
                    ``(A) In general.--In determining the amount of 
                contributions required under this subsection, the 
                Commission shall consider forecasts of anticipated 
                demand for services that are supported by each of the 
                Federal universal service support mechanisms over 
                periods that are sufficiently long to allow for 
                adequate planning, thereby ensuring sufficient and 
                predictable funding for each such mechanism.
                    ``(B) Prohibition on contribution limit.--The 
                Commission may not establish any limit on the total 
                amount of contributions required under this subsection 
                with respect to all Federal universal service support 
                mechanisms, except for establishing the amount that 
                providers are required to contribute with respect to a 
                particular time period based on the projected demand 
                for services that are supported by Federal universal 
                service support mechanisms over such time period.''.
    (c) Access in Tribal Areas.--Section 254(b)(3) of the 
Communications Act of 1934 (47 U.S.C. 254(b)(3)) is amended--
            (1) in the heading, by striking ``Access in rural and high 
        cost areas'' and inserting ``Access in all regions''; and
            (2) by inserting ``Tribal,'' after ``insular,''.
    (d) Prohibition on Expenditure Limit.--Section 254 of the 
Communications Act of 1934 (47 U.S.C. 254) is amended by adding at the 
end the following:
    ``(m) Prohibition on Expenditure Limit.--The Commission may not 
establish any limit on the total amount of funds that may be expended 
through all Federal universal service support mechanisms. Nothing in 
the preceding sentence shall be construed to prohibit the Commission 
from ensuring that funds expended through the Federal universal service 
support mechanisms are expended for services eligible for support 
through such mechanisms.''.
    (e) Consultation Among FCC, NTIA, and USDA.--The Federal 
Communications Commission, the Assistant Secretary of Commerce for 
Communications and Information, and the Secretary of Agriculture shall, 
in administering Federal financial assistance for the deployment of 
broadband services, consult with one another regarding the distribution 
of such assistance for the deployment of broadband services in rural 
areas.
    (f) Reporting Requirements.--Section 254 of the Communications Act 
of 1934, as amended by subsection (d), is further amended by adding at 
the end the following:
    ``(n) Reporting Requirements.--Not later than 180 days after the 
end of each calendar year, the Commission shall submit to Congress a 
report that contains the following:
            ``(1) A statement of the total amount expended in such year 
        to support broadband internet access services through the 
        Federal universal service support mechanisms for high-cost 
        areas.
            ``(2) A statement of the amount, of the total amount stated 
        under paragraph (1), expended in each of the following:
                    ``(A) Rural areas.
                    ``(B) Insular areas.
                    ``(C) Tribal areas.
                    ``(D) Areas that, as of the beginning of such year, 
                were unserved areas, as determined by the Commission.
            ``(3) A description of progress during such year in 
        advancing the universal service principles described in 
        subsection (b) and the requirements for meeting future growth 
        in the demand for the services that are supported by Federal 
        universal service support mechanisms, including challenges that 
        may prevent the advancement of such principles.''.
    (g) Broadband Internet Access Service Defined.--Section 254 of the 
Communications Act of 1934, as amended by subsections (d) and (f), is 
further amended by adding at the end the following:
    ``(o) Broadband Internet Access Service Defined.--In this section, 
the term `broadband internet access service'--
            ``(1) means a mass-market retail service by wire or radio 
        that provides the capability to transmit data to and receive 
        data from all or substantially all internet endpoints, 
        including any capabilities that are incidental to and enable 
        the operation of the communications service, but excluding 
        dial-up internet access service; and
            ``(2) includes any service that the Commission finds to be 
        providing a functional equivalent of the service described in 
        paragraph (1).''.
                                 <all>