[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1822 Enrolled Bill (ENR)]

        S.1822

                     One Hundred Sixteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Friday,
            the third day of January, two thousand and twenty


                                 An Act


 
To require the Federal Communications Commission to issue rules relating 
to the collection of data with respect to the availability of broadband 
                    services, 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 Deployment Accuracy and 
Technological Availability Act'' or the ``Broadband DATA Act''.
SEC. 2. BROADBAND DATA.
    The Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended 
by adding at the end the following:

                      ``TITLE VIII--BROADBAND DATA

    ``SEC. 801. DEFINITIONS.
    ``In this title:
        ``(1) Broadband internet access service.--The term `broadband 
    internet access service' has the meaning given the term in section 
    8.1(b) of title 47, Code of Federal Regulations, or any successor 
    regulation.
        ``(2) Broadband map.--The term `Broadband Map' means the map 
    created by the Commission under section 802(c)(1)(A).
        ``(3) Cell edge probability.--The term `cell edge probability' 
    means the likelihood that the minimum threshold download and upload 
    speeds with respect to broadband internet access service will be 
    met or exceeded at a distance from a base station that is intended 
    to indicate the ultimate edge of the coverage area of a cell.
        ``(4) Cell loading.--The term `cell loading' means the 
    percentage of the available air interface resources of a base 
    station that are used by consumers with respect to broadband 
    internet access service.
        ``(5) Clutter.--The term `clutter' means a natural or man-made 
    surface feature that affects the propagation of a signal from a 
    base station.
        ``(6) Fabric.--The term `Fabric' means the Broadband 
    Serviceable Location Fabric established under section 802(b)(1)(B).
        ``(7) Form 477.--The term `Form 477' means Form 477 of the 
    Commission relating to local telephone competition and broadband 
    reporting.
        ``(8) Indian tribe.--The term `Indian Tribe' has the meaning 
    given the term `Indian tribe' in section 4 of the Indian Self-
    Determination and Education Assistance Act (25 U.S.C. 5304).
        ``(9) Mobility fund phase ii.--The term `Mobility Fund Phase 
    II' means the second phase of the proceeding to provide universal 
    service support from the Mobility Fund (WC Docket No. 10-90; WT 
    Docket No. 10-208).
        ``(10) Propagation model.--The term `propagation model' means a 
    mathematical formulation for the characterization of radio wave 
    propagation as a function of frequency, distance, and other 
    conditions.
        ``(11) Provider.--The term `provider' means a provider of fixed 
    or mobile broadband internet access service.
        ``(12) Quality of service.--The term `quality of service' 
    means, with respect to broadband internet access service, the 
    download and upload speeds (and, for relevant services, latency) 
    with respect to that service, as determined by, and to the extent 
    otherwise collected by, the Commission.
        ``(13) Shapefile.--The term `shapefile' means a digital storage 
    format containing geospatial or location-based data and attribute 
    information--
            ``(A) regarding the availability of broadband internet 
        access service; and
            ``(B) that can be viewed, edited, and mapped in geographic 
        information system software.
        ``(14) Standard broadband installation.--The term `standard 
    broadband installation'--
            ``(A) means the initiation by a provider of fixed broadband 
        internet access service in an area in which the provider has 
        not previously offered that service, with no charges or delays 
        attributable to the extension of the network of the provider; 
        and
            ``(B) includes the initiation of fixed broadband internet 
        access service through routine installation that can be 
        completed not later than 10 business days after the date on 
        which the service request is submitted.
    ``SEC. 802. BROADBAND MAPS.
    ``(a) Rules.--
        ``(1) In general.--Not later than 180 days after the date of 
    enactment of this title, the Commission shall issue final rules 
    that shall--
            ``(A) require the biannual collection and dissemination of 
        granular data, as determined by the Commission--
                ``(i) relating to the availability and quality of 
            service with respect to terrestrial fixed, fixed wireless, 
            satellite, and mobile broadband internet access service; 
            and
                ``(ii) that the Commission shall use to compile the 
            maps created under subsection (c)(1) (referred to in this 
            section as `coverage maps'), which the Commission shall 
            make publicly available; and
            ``(B) establish--
                ``(i) processes through which the Commission can verify 
            the accuracy of data submitted under subsection (b)(2);
                ``(ii) processes and procedures through which the 
            Commission, and, as necessary, other entities or 
            individuals submitting non-public or competitively 
            sensitive information under this title, can protect the 
            security, privacy, and confidentiality of that non-public 
            or competitively sensitive information, including--

                    ``(I) information contained in the Fabric;
                    ``(II) the dataset created under subsection 
                (b)(1)(A) supporting the Fabric; and
                    ``(III) the data submitted under subsection (b)(2);

                ``(iii) the challenge process described in subsection 
            (b)(5); and
                ``(iv) the process described in section 804(b).
        ``(2) Other data.--In issuing the rules under paragraph (1), 
    the Commission shall develop a process through which the Commission 
    can collect verified data for use in the coverage maps from--
            ``(A) State, local, and Tribal governmental entities that 
        are primarily responsible for mapping or tracking broadband 
        internet access service coverage for a State, unit of local 
        government, or Indian Tribe, as applicable;
            ``(B) third parties, if the Commission determines that it 
        is in the public interest to use such data in--
                ``(i) the development of the coverage maps; or
                ``(ii) the verification of data submitted under 
            subsection (b); and
            ``(C) other Federal agencies.
        ``(3) Updates.--The Commission shall revise the rules issued 
    under paragraph (1) to--
            ``(A) reflect changes in technology;
            ``(B) ensure the accuracy of propagation models, as further 
        provided in subsection (b)(3); and
            ``(C) improve the usefulness of the coverage maps.
    ``(b) Content of Rules.--
        ``(1) Establishment of a serviceable location fabric regarding 
    fixed broadband.--
            ``(A) Dataset.--
                ``(i) In general.--The Commission shall create a common 
            dataset of all locations in the United States where fixed 
            broadband internet access service can be installed, as 
            determined by the Commission.
                ``(ii) Contracting.--

                    ``(I) In general.--Subject to subclauses (II) and 
                (III), the Commission may contract with an entity with 
                expertise with respect to geographic information 
                systems (referred to in this subsection as `GIS') to 
                create and maintain the dataset under clause (i).
                    ``(II) Application of the federal acquisition 
                regulation.--A contract into which the Commission 
                enters under subclause (I) shall in all respects comply 
                with applicable provisions of the Federal Acquisition 
                Regulation.
                    ``(III) Limitations.--With respect to a contract 
                into which the Commission enters under subclause (I)--

                        ``(aa) the entity with which the Commission 
                    enters into the contract shall be selected through 
                    a competitive bid process that is transparent and 
                    open; and
                        ``(bb) the contract shall be for a term of not 
                    longer than 5 years, after which the Commission may 
                    enter into a new contract--
                            ``(AA) with an entity, and for the 
                        purposes, described in clause (i); and
                            ``(BB) that complies with the requirements 
                        under subclause (II) and this subclause; and
                        ``(cc) the contract shall--
                            ``(AA) prohibit the entity described in 
                        item (aa) from selling, leasing, or otherwise 
                        disclosing for monetary consideration any 
                        personally identifiable information to any 
                        other entity other than for purposes authorized 
                        under this title; and
                            ``(BB) require the entity described in item 
                        (aa) to include in any contract with any other 
                        entity a provision that prohibits that other 
                        entity from engaging in an action that is 
                        prohibited under subitem (AA).
            ``(B) Fabric.--The rules issued by the Commission under 
        subsection (a)(1) shall establish the Broadband Serviceable 
        Location Fabric, which shall--
                ``(i) contain geocoded information for each location 
            identified under subparagraph (A)(i);
                ``(ii) serve as the foundation upon which all data 
            relating to the availability of fixed broadband internet 
            access service collected under paragraph (2)(A) shall be 
            reported and overlaid;
                ``(iii) be compatible with commonly used GIS software; 
            and
                ``(iv) at a minimum, be updated every 6 months by the 
            Commission.
            ``(C) Implementation priority.--The Commission shall 
        prioritize implementing the Fabric for rural and insular areas 
        of the United States.
        ``(2) Collection of information.--The rules issued by the 
    Commission under subsection (a)(1) shall include uniform standards 
    for the reporting of broadband internet access service data that 
    the Commission shall collect--
            ``(A) from each provider of terrestrial fixed, fixed 
        wireless, or satellite broadband internet access service, which 
        shall include data that--
                ``(i) documents the areas where the provider--

                    ``(I) has actually built out the broadband network 
                infrastructure of the provider such that the provider 
                is able to provide that service; and
                    ``(II) could provide that service, as determined by 
                identifying where the provider is capable of performing 
                a standard broadband installation, if applicable;

                ``(ii) includes information regarding download and 
            upload speeds, at various thresholds established by the 
            Commission, and, if applicable, latency with respect to 
            broadband internet access service that the provider makes 
            available;
                ``(iii) can be georeferenced to the GIS data in the 
            Fabric;
                ``(iv) the provider shall report as--

                    ``(I) with respect to providers of fixed wireless 
                broadband internet access service--

                        ``(aa) propagation maps and propagation model 
                    details that--
                            ``(AA) satisfy standards that are similar 
                        to those applicable to providers of mobile 
                        broadband internet access service under 
                        subparagraph (B) with respect to propagation 
                        maps and propagation model details, taking into 
                        account material differences between fixed 
                        wireless and mobile broadband internet access 
                        service; and
                            ``(BB) reflect the speeds and latency of 
                        the service provided by the provider; or
                        ``(bb) a list of addresses or locations that 
                    constitute the service area of the provider, except 
                    that the Commission--
                            ``(AA) may only permit, and not require, a 
                        provider to report the data using that means of 
                        reporting; and
                            ``(BB) in the rules issued under subsection 
                        (a)(1), shall provide a method for using that 
                        means of reporting with respect to Tribal 
                        areas; and

                    ``(II) with respect to providers of terrestrial 
                fixed and satellite broadband internet access service--

                        ``(aa) polygon shapefiles; or
                        ``(bb) a list of addresses or locations that 
                    constitute the service area of the provider, except 
                    that the Commission--
                            ``(AA) may only permit, and not require, a 
                        provider to report the data using that means of 
                        reporting; and
                            ``(BB) in the rules issued under subsection 
                        (a)(1), shall provide a method for using that 
                        means of reporting with respect to Tribal 
                        areas; and
                ``(v) the Commission determines is appropriate with 
            respect to certain technologies in order to ensure that the 
            Broadband Map is granular and accurate; and
            ``(B) from each provider of mobile broadband internet 
        access service, which shall include propagation maps and 
        propagation model details that indicate the current (as of the 
        date on which the information is collected) fourth generation 
        Long-Term Evolution (commonly referred to as `4G LTE') mobile 
        broadband internet access service coverage of the provider, 
        which shall--
                ``(i) take into consideration the effect of clutter; 
            and
                ``(ii) satisfy--

                    ``(I) the requirements of having--

                        ``(aa) a download speed of not less than 5 
                    megabits per second and an upload speed of not less 
                    than 1 megabit per second with a cell edge 
                    probability of not less than 90 percent; and
                        ``(bb) cell loading of not less than 50 
                    percent; and

                    ``(II) any other parameter that the Commission 
                determines to be necessary to create a map under 
                subsection (c)(1)(C) that is more precise than the map 
                produced as a result of the submissions under the 
                Mobility Fund Phase II information collection.

        ``(3) Update of reporting standards for mobile broadband 
    internet access service.--For the purposes of paragraph (2)(B), if 
    the Commission determines that the reporting standards under that 
    paragraph are insufficient to collect accurate propagation maps and 
    propagation model details with respect to future generations of 
    mobile broadband internet access service technologies, the 
    Commission shall immediately commence a rule making to adopt new 
    reporting standards with respect to those technologies that--
            ``(A) shall be the functional equivalent of the standards 
        required under paragraph (2)(B); and
            ``(B) allow for the collection of propagation maps and 
        propagation model details that are as accurate and granular as, 
        or more accurate and granular than, the maps and model details 
        collected by the Commission under paragraph (2)(B).
        ``(4) Certification and verification.--With respect to a 
    provider that submits information to the Commission under paragraph 
    (2)--
            ``(A) the provider shall include in each submission a 
        certification from a corporate officer of the provider that the 
        officer has examined the information contained in the 
        submission and that, to the best of the officer's actual 
        knowledge, information, and belief, all statements of fact 
        contained in the submission are true and correct; and
            ``(B) the Commission shall verify the accuracy and 
        reliability of the information in accordance with measures 
        established by the Commission.
        ``(5) Challenge process.--
            ``(A) In general.--In the rules issued under subsection 
        (a), and subject to subparagraph (B), the Commission shall 
        establish a user-friendly challenge process through which 
        consumers, State, local, and Tribal governmental entities, and 
        other entities or individuals may submit coverage data to the 
        Commission to challenge the accuracy of--
                ``(i) the coverage maps;
                ``(ii) any information submitted by a provider 
            regarding the availability of broadband internet access 
            service; or
                ``(iii) the information included in the Fabric.
            ``(B) Considerations; verification; response to 
        challenges.--In establishing the challenge process required 
        under subparagraph (A), the Commission shall--
                ``(i) consider--

                    ``(I) the types of information that an entity or 
                individual submitting a challenge should provide to the 
                Commission in support of the challenge;
                    ``(II) the appropriate level of granularity for the 
                information described in subclause (I);
                    ``(III) the need to mitigate the time and expense 
                incurred by, and the administrative burdens placed on, 
                entities or individuals in--

                        ``(aa) challenging the accuracy of a coverage 
                    map; and
                        ``(bb) responding to challenges described in 
                    item (aa);

                    ``(IV) the costs to consumers and providers 
                resulting from a misallocation of funds because of a 
                reliance on outdated or otherwise inaccurate 
                information in the coverage maps;
                    ``(V) any lessons learned from the challenge 
                process established under Mobility Fund Phase II, as 
                determined from comments solicited by the Commission; 
                and
                    ``(VI) the need for user-friendly challenge 
                submission formats that will promote participation in 
                the challenge process;

                ``(ii) include a process for verifying the data 
            submitted through the challenge process in order to ensure 
            the reliability of that data;
                ``(iii) allow providers to respond to challenges 
            submitted through the challenge process; and
                ``(iv) develop an online mechanism, which--

                    ``(I) shall be integrated into the coverage maps;
                    ``(II) allows for an entity described in 
                subparagraph (A) to submit a challenge under the 
                challenge process;
                    ``(III) makes challenge data available in both 
                geographic information system and non-geographic 
                information system formats; and
                    ``(IV) clearly identifies the areas in which 
                broadband internet access service is available, and the 
                upload and download speeds at which that service is 
                available, as reported to the Commission under this 
                section.

            ``(C) Use of challenges.--The rules issued to establish the 
        challenge process under subparagraph (A) shall include--
                ``(i) a process for the speedy resolution of 
            challenges; and
                ``(ii) a process for the regular and expeditious 
            updating of the coverage maps and granular data 
            disseminated by the Commission as challenges are resolved.
            ``(D) Report to congress.--Not earlier than 1 year, and not 
        later than 18 months, after the date on which the rules issued 
        under subsection (a)(1) take effect, the Commission shall, 
        after an opportunity for notice and comment, submit to the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Energy and Commerce of the House of 
        Representatives a report that--
                ``(i) evaluates the challenge process described in 
            subparagraph (A); and
                ``(ii) considers whether the Commission should commence 
            an inquiry on the need for other tools to help--

                    ``(I) identify potential inaccuracies in the data 
                relating to broadband internet access service that 
                providers report; and
                    ``(II) improve the accuracy of the data described 
                in subclause (I).

        ``(6) Reform of form 477 process.--
            ``(A) In general.--Not later than 180 days after the date 
        on which the rules issued under subsection (a) take effect, the 
        Commission shall--
                ``(i) reform the Form 477 broadband deployment service 
            availability collection process of the Commission--

                    ``(I) to achieve the purposes of this title; and
                    ``(II) in a manner that--

                        ``(aa) enables the comparison of data and maps 
                    produced before the implementation of this title 
                    with data and coverage maps produced after the 
                    implementation of this title; and
                        ``(bb) maintains the public availability of 
                    data relating to the deployment of broadband 
                    internet access service; and
                ``(ii) harmonize reporting requirements and procedures 
            regarding the deployment of broadband internet access 
            service that are in effect on the day before the date on 
            which the rules issued under subsection (a)(1) take effect 
            with those requirements and procedures in those rules.
            ``(B) Continued collection and reporting.--On and after the 
        date on which the Commission carries out subparagraph (A), the 
        Commission shall continue to collect and publicly report 
        subscription data that the Commission collected through the 
        Form 477 broadband deployment service availability process, as 
        in effect on July 1, 2019.
        ``(7) Sharing data with ntia.--The Commission shall establish a 
    process to make the data collected under paragraph (2) available to 
    the National Telecommunications and Information Administration.
    ``(c) Maps.--The Commission shall--
        ``(1) after consultation with the Federal Geographic Data 
    Committee established under section 753(a) of the Geospatial Data 
    Act of 2018, create--
            ``(A) the Broadband Map, which shall depict--
                ``(i) the extent of the availability of broadband 
            internet access service in the United States, without 
            regard to whether that service is fixed broadband internet 
            access service or mobile broadband internet access service, 
            which shall be based on data collected by the Commission 
            from all providers; and
                ``(ii) the areas of the United States that remain 
            unserved by providers;
            ``(B) a map that depicts the availability of fixed 
        broadband internet access service, which shall be based on data 
        collected by the Commission from providers under subsection 
        (b)(2)(A); and
            ``(C) a map that depicts the availability of mobile 
        broadband internet access service, which shall be based on data 
        collected by the Commission from providers under subsection 
        (b)(2)(B);
        ``(2) after creating the maps under paragraph (1), use such 
    maps--
            ``(A) to determine the areas in which terrestrial fixed, 
        fixed wireless, mobile, and satellite broadband internet access 
        service is and is not available; and
            ``(B) when making any new award of funding with respect to 
        the deployment of broadband internet access service intended 
        for use by residential and mobile customers;
        ``(3) update the maps created under paragraph (1) not less 
    frequently than biannually using the most recent data collected 
    from providers under subsection (b)(2);
        ``(4) consult with--
            ``(A) the Secretary of Agriculture to enable the Secretary 
        of Agriculture to consult the maps created under paragraph (1) 
        when considering the awarding of funds for the deployment of 
        broadband internet access service under any program 
        administered by the Administrator of the Rural Utilities 
        Service; and
            ``(B) the National Telecommunications and Information 
        Administration to enable the Administration to consult the maps 
        created under paragraph (1) when considering the awarding of 
        funds for the deployment of broadband internet access service 
        under any future program administered by the Administration;
        ``(5) make available to any Federal agency, upon request, the 
    maps created under paragraph (1); and
        ``(6) make public at an appropriate level of granularity--
            ``(A) the maps created under paragraph (1); and
            ``(B) the data collected by the Commission with respect to 
        the availability of broadband internet access service and the 
        quality of service with respect to broadband internet access 
        service.
    ``(d) Delayed Effective Date for Quality of Service Rules.--Any 
requirement of a rule issued under subsection (a)(1) that relates to 
quality of service shall take effect not earlier than the date that is 
180 days after the date on which the Commission issues that rule.
    ``SEC. 803. ENFORCEMENT.
    ``It shall be unlawful for an entity or individual to willfully and 
knowingly, or recklessly, submit information or data under this title 
that is materially inaccurate or incomplete with respect to the 
availability of broadband internet access service or the quality of 
service with respect to broadband internet access service.
    ``SEC. 804. IMPROVING DATA ACCURACY.
    ``(a) Audits.--The Commission shall conduct regular audits of 
information submitted to the Commission by providers under section 
802(b)(2) to ensure that the providers are complying with this title.
    ``(b) Crowdsourcing.--
        ``(1) In general.--The Commission shall develop a process 
    through which entities or individuals in the United States may 
    submit specific information about the deployment and availability 
    of broadband internet access service in the United States on an 
    ongoing basis so that the information may be used to verify and 
    supplement information provided by providers of broadband internet 
    access service for inclusion in the maps created under section 
    802(c)(1).
        ``(2) Collaboration.--As part of the efforts of the Commission 
    to facilitate the ability of entities and individuals to submit 
    information under paragraph (1), the Commission shall--
            ``(A) prioritize the consideration of data provided by data 
        collection applications used by consumers that the Commission 
        has determined--
                ``(i) are highly reliable; and
                ``(ii) have proven methodologies for determining 
            network coverage and network performance;
            ``(B) not later than 1 year after the date of enactment of 
        this title, conclude a process that tests the feasibility of 
        partnering with Federal agencies that operate delivery fleet 
        vehicles, including the United States Postal Service, to 
        facilitate the collection and submission of information 
        described in that paragraph; and
            ``(C) not later than 14 months after the date of enactment 
        of this title, publish on the website of the Commission, and 
        submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Energy and 
        Commerce of the House of Representatives, a report regarding 
        the testing described in subparagraph (B), which shall 
        include--
                ``(i) a determination regarding whether the 
            partnerships with Federal agencies described in that 
            subparagraph are able to facilitate the collection and 
            submission of information described in paragraph (1); and
                ``(ii) any steps that the Commission plans to take to 
            facilitate the partnerships described in that subparagraph.
    ``(c) Technical Assistance to Indian Tribes.--
        ``(1) In general.--Subject to paragraph (2), the Commission 
    shall hold workshops for Tribal Governments in each of the 12 
    Bureau of Indian Affairs regions to provide technical assistance 
    with the collection and submission of data under section 802(a)(2).
        ``(2) Annual review.--Each year, the Commission, in 
    consultation with Indian Tribes, shall review the need for 
    continued workshops required under paragraph (1).
    ``(d) Technical Assistance to Small Service Providers.--The 
Commission shall establish a process through which a provider that has 
fewer than 100,000 active broadband internet access service connections 
may request and receive assistance from the Commission with respect to 
geographic information system data processing to ensure that the 
provider is able to comply with the requirements under section 802(b) 
in a timely and accurate manner.
    ``(e) Technical Assistance to State, Local, and Tribal Governments 
and Consumers.--The Commission shall provide technical assistance to 
consumers and State, local, and Tribal governmental entities with 
respect to the challenge process established under section 802(b)(5), 
which shall include--
        ``(1) detailed tutorials and webinars; and
        ``(2) the provision of staff of the Commission to provide 
    assistance, as needed, throughout the entirety of the challenge 
    process.
    ``(f) GAO Assessment of Fabric Source Data.--
        ``(1) In general.--The Comptroller General of the United States 
    shall conduct an assessment of key data sources that are used for 
    purposes of the Fabric to identify and geocode locations where 
    fixed broadband internet access service can be installed in order 
    for the Comptroller General to develop recommendations for how the 
    quality and completeness of those data sources can be improved as 
    data sources for the Fabric.
        ``(2) Sources included.--For the purposes of the assessment 
    conducted under paragraph (1), the key data sources described in 
    that paragraph shall include--
            ``(A) any relevant sources of Federal data, including the 
        National Address Database administered by the Department of 
        Transportation;
            ``(B) State- and county-level digitized parcel data; and
            ``(C) property tax attribute recording.
        ``(3) Report.--Not later than 1 year after the date of 
    enactment of this title, the Comptroller General of the United 
    States shall submit to the Committee on Commerce, Science, and 
    Transportation of the Senate and the Committee on Energy and 
    Commerce of the House of Representatives a report that contains the 
    recommendations developed under paragraph (1).
    ``SEC. 805. COST.
    ``(a) USF.--The Commission may not use funds from the universal 
service programs of the Commission established under section 254, and 
the regulations issued under that section, to pay for any costs 
associated with this title.
    ``(b) Other Funds.--The Commission may recover costs associated 
with this title under section 9 to the extent provided for in an 
appropriation Act, as required under subsection (a) of that section.
    ``SEC. 806. OTHER PROVISIONS.
    ``(a) OMB.--Notwithstanding any other provision of law, the initial 
rule making required under section 802(a)(1) shall be exempt from 
review by the Office of Management and Budget.
    ``(b) PRA.--Subchapter I of chapter 35 of title 44, United States 
Code (commonly known as the `Paperwork Reduction Act') shall not apply 
to the initial rule making required under section 802(a)(1).
    ``(c) Execution of Responsibilities.--Except, with respect to an 
entity that is not the Universal Service Administrative Company, as 
provided in section 802(a)(2)(B), section 802(b)(1)(A)(ii), and 
subsections (c), (d), and (e) of section 804, the Commission--
        ``(1) including the offices of the Commission, shall carry out 
    the responsibilities assigned to the Commission under this title; 
    and
        ``(2) may not delegate any of the responsibilities assigned to 
    the Commission under this title to any third party, including the 
    Universal Service Administrative Company.
    ``(d) Reporting.--Each fiscal year, the Commission shall submit to 
the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Energy and Commerce of the House of 
Representatives a report that summarizes the implementation of this 
title and associated enforcement activities conducted during the 
previous fiscal year.
    ``(e) Rule of Construction.--If the Commission, before the date of 
enactment of this title, has taken an action that, in whole or in part, 
implements this title, the Commission shall not be required to revisit 
such action to the extent that such action is consistent with this 
title.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.