[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2275 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2275
To improve the collection and distribution of broadband availability
data.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 25, 2019
Mr. Bennet introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To improve the collection and distribution of broadband availability
data.
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 Transparency and
Accountability Act of 2019''.
SEC. 2. DEFINITIONS.
(a) In General.--In this Act--
(1) the term ``affordable broadband service''--
(A) except as provided in subparagraph (B), with
respect to a covered household, means broadband service
at the baseline speed with an annual cost of not more
than 1.5 percent of the annual median household income
for the county in which the covered household is
located; and
(B) with respect to a covered household located in
a county in which the annual median household income
exceeds the annual median household income for the
United States, means broadband service at the baseline
speed with an annual cost of not more than 1.5 percent
of the annual median household income for the United
States;
(2) the term ``annual median household income'' means
annual median household income as reported by the Bureau of the
Census;
(3) the term ``baseline speed'', with respect to broadband
service, means the highest download and upload speeds available
to a majority of urban subscribers to broadband service, as
determined by the Commission;
(4) the term ``Broadband Map'' means the map developed and
maintained by the Commission under section 4;
(5) the term ``broadband service''--
(A) subject to subsection (b), has the meaning
given the term ``advanced telecommunications
capability'' in section 706 of the Telecommunications
Act of 1996 (47 U.S.C. 1302); and
(B) does not include mobile service or satellite-
based service;
(6) the term ``Commission'' means the Federal
Communications Commission;
(7) the term ``county'', in the case of a State that does
not have a local county system of governance, means an
equivalent political subdivision as determined by the
Commission, consistent with State law;
(8) the term ``covered entity'' means an entity that--
(A) is required to report data to the Commission
under the Form 477 Program; and
(B) provides broadband service;
(9) the term ``covered household''--
(A) means a household; and
(B) includes a farm, a ranch, a business, and a
public facility, without regard to whether any such
entity serves as a residence;
(10) the term ``Form 477 Program'' means the program
carried out by the Commission under subpart V of part 1 of
title 47, Code of Federal Regulations, or any successor
regulation;
(11) the term ``has access to broadband service'', with
respect to a covered household, means affordable broadband
service--
(A) is being provided to the covered household; or
(B) could be provided to the covered household not
later than 10 days after the date on which the covered
household chooses to subscribe to such service, if the
household so chooses;
(12) the term ``qualified technology''--
(A) means a technology that delivers broadband
service at not less than the baseline speed; and
(B) does not include any technology--
(i) used to provide broadband service to
fewer than 5 percent of urban subscribers to
broadband service in the United States; or
(ii) that is experimental or speculative,
until a provider of the technology has proven
through consumer choices to be a competitor in
the marketplace, as determined by the
Commission; and
(13) the term ``State'' has the meaning given the term in
section 3 of the Communications Act of 1934 (47 U.S.C. 153).
(b) Updates to Definition of Broadband Service.--Not less
frequently than once every 2 years, the Commission shall update the
definition of the term ``broadband service''.
SEC. 3. COLLECTION OF DATA.
(a) Form 477 Program.--
(1) Collection of more granular data.--In collecting data
from a covered entity under the Form 477 Program, the
Commission shall require the covered entity to report data for
each covered household in a census block.
(2) Data collection.--
(A) Types of data.--In collecting data from a
covered entity under the Form 477 Program, the
Commission shall require the covered entity to report
data that reflects the average speed and other
characteristics of broadband service, including--
(i) price and affordability, including,
with respect to price, the total monthly price
charged to a covered household for each
distinct broadband service plan or tier of
standalone broadband service, net of any
promotional discount, including mandatory
equipment charges, usage-based fees, and fees
for early termination of required contracts;
(ii) latency, including latency--
(I) internal to the network, as
measured on the backbone; and
(II) from the backbone out to the
entire internet routing table, reported
as an average based on a measurement of
latency against 10 anchor sites
selected by the Commission from among
the most popular websites in the United
States;
(iii) denials of service and the reason for
such denials, such as--
(I) insufficient bandwidth capacity
to serve additional customers; or
(II) the inability to reach a
location; and
(iv) the type of broadband technology
available.
(B) Characteristics of broadband service as
advertised, as agreed to, and as delivered.--In
collecting data from a covered entity under the Form
477 Program, the Commission shall require the covered
entity to report data that measures the characteristics
of broadband service reported under subparagraph (A)--
(i) as advertised by the covered entity;
(ii) as subscribed to by the consumer; and
(iii) that the covered entity actually
delivers to subscribers during high-volume
hours, which shall be defined by the Commission
based on the type of broadband service usage in
a particular area, including whether the usage
is primarily--
(I) commercial or industrial; or
(II) residential.
(3) Updates to reporting requirements.--
(A) In general.--Not less frequently than once
every 3 years, the Commission shall update the
reporting requirements for covered entities under the
Form 477 Program.
(B) Rule of construction.--Nothing in subparagraph
(A) shall be construed to authorize the Commission to
collect less granular data than is required under this
subsection.
(b) Government Sources.--The Commission shall collect data relating
to broadband service from--
(1) each Federal agency that has such data, including the
Department of Agriculture; and
(2) each State or local governmental entity that is willing
to share such data.
(c) Consolidation of Data.--
(1) In general.--The Commission shall consolidate all data
relating to broadband service that is collected under the Form
477 Program or under subsection (b) into a single database.
(2) USAC.--The Commission may enter into a contract with
the Universal Service Administrative Company to administer the
database described in paragraph (1).
SEC. 4. DISTRIBUTION OF DATA.
(a) Availability of Data.--Subject to subsection (b), the
Commission shall make all data relating to broadband service collected
under the Form 477 Program or from governmental entities under section
3(b) available in native electronic format to--
(1) other Federal agencies;
(2) a broadband office, public utility commission,
broadband mapping program, or other broadband program of a
State, in the case of data pertaining to the needs of that
State;
(3) a unit of local government, in the case of data
pertaining to the needs of that locality;
(4) a nonprofit organization; and
(5) an individual conducting research for non-commercial
purposes.
(b) Protection of Data.--
(1) In general.--The Commission may not share any data
described in subsection (a) with an entity or individual
described in that subsection unless the Commission has
determined that the receiving entity or individual has the
capability and intent to protect any personally identifiable
information contained in the data.
(2) Determination of personally identifiable information.--
The Commission--
(A) shall define the term ``personally identifiable
information'', for purposes of paragraph (1), through
notice and comment rulemaking; and
(B) may not share any data under subsection (a)
before completing the rulemaking under subparagraph (A)
of this paragraph.
(3) Balancing access and protection.--If the Commission is
unable to determine under paragraph (1) that an entity or
individual requesting access to data under subsection (a) has
the capability to protect personally identifiable information
contained in the data, the Commission shall make as much of the
data available as possible in a format that does not compromise
personally identifiable information, through methods such as
anonymization.
(c) Map.--
(1) In general.--The Commission, in coordination with the
Secretary of Commerce, the Secretary of Agriculture, and State
and local stakeholders, shall develop and maintain a
searchable, interactive, and comprehensive nationwide inventory
map of existing broadband service capability and availability
in the United States that depicts the geographic extent to
which broadband service is deployed and available from a
commercial provider or public provider throughout each State.
(2) Parameters.--Not later than 180 days after the date of
enactment of this Act, the Commission shall establish
parameters for, and make available to the public, the map
required under paragraph (1).
(3) Revisions.--Not less frequently than every 2 years, the
Commission shall revise the parameters established under
paragraph (2).
(4) Replacement of prior maps.--The map developed by the
Commission under paragraph (1) shall replace any broadband
deployment map maintained by the Commission before the date of
enactment of this Act.
(d) Gradated or Tiered Mapping.--
(1) In general.--In producing the Broadband Map, the
Commission shall--
(A) create, at a minimum--
(i) a map that indicates the percentage of
covered households in each census block that
have access to broadband service at the
baseline speed during peak usage hours;
(ii) a map that indicates the percentage of
covered households in each census block that
have access to broadband service delivered
using a qualified technology;
(iii) a map that layers the types of
telecommunications technology available to
deliver broadband service in each census block;
and
(iv) a map that indicates the relative
affordability of broadband service in each
census block; and
(B) enable users of the Broadband Map to--
(i) layer the maps described in
subparagraph (A); and
(ii) filter the maps described in
subparagraph (A) by broadband provider.
(2) Tiers.--The Commission shall display the percentage of
covered households in a census block that have access to
broadband service or technology under paragraph (1) by
reference to one of the following tiers:
(A) Less than 20 percent.
(B) Not less than 20 percent and less than 40
percent.
(C) Not less than 40 percent and less than 60
percent.
(D) Not less than 60 percent and less than 80
percent.
(E) Not less than 80 percent and less than 90
percent.
(F) Not less than 90 percent and less than 95
percent.
(G) Not less than 95 percent.
(e) Updates.--Not later than 180 days after collecting data
relating to broadband service under the Form 477 Program, the
Commission, in consultation with the Secretary of Agriculture, the
Secretary of Commerce, and State and local stakeholders, shall--
(1) update the Broadband Map with the data, and with any
data collected from a governmental entity under section 3(b)
since the last update to the Broadband Map; and
(2) make the data described in paragraph (1) available
under subsection (a).
SEC. 5. REPORT ON BROADBAND LAST-MILE TECHNOLOGIES.
Section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302)
is amended--
(1) by redesignating subsection (d) as subsection (e);
(2) in subsection (e), as so redesignated, in the matter
preceding paragraph (1), by striking ``subsection'' and
inserting ``section''; and
(3) by inserting after subsection (c) the following:
``(d) Broadband Last-Mile Technologies.--
``(1) Definitions.--In this subsection--
``(A) the term `broadband service' has the meaning
given the term `advanced telecommunications capability'
in subsection (e);
``(B) the terms `covered entity' and `covered
household' have the meanings given those terms in
section 2 of the Broadband Transparency and
Accountability Act of 2019; and
``(C) the term `last-mile technology' means the
technology used to transmit broadband service from the
backbone network into a covered household.
``(2) Annual report.--As part of the inquiry required under
subsection (b), the Commission shall report on the number of
covered households that subscribe to broadband service,
categorized by the type of last-mile technology, as reported by
covered entities under the Form 477 Program and by governmental
entities under section 3(b) of the Broadband Transparency and
Accountability Act of 2019.
``(3) Technology categories.--In reporting the information
under paragraph (2), the Commission shall indicate whether the
type of last-mile technology is--
``(A) fiber;
``(B) hybrid fiber coax;
``(C) copper-based service;
``(D) copper-fiber hybrid service;
``(E) spectrum-based service;
``(F) mobile service;
``(G) satellite-based service; and
``(H) any other type of technology that the
Commission determines appropriate.
``(4) Geographic categories.--
``(A) In general.--In reporting the information
under paragraph (2), the Commission shall categorize a
covered household whose broadband service is provided
using a particular type of last-mile technology
according to whether the covered household is in a
census block that is--
``(i) urban;
``(ii) suburban; or
``(iii) rural, insular, or high-cost.
``(B) Definitions.--The Commission, in consultation
with the Bureau of the Census, shall define the terms
`insular' and `high-cost', with respect to census
blocks, for purposes of subparagraph (A).
``(5) Tribal land.--Nothing in this subsection shall be
construed to authorize the Commission to exclude covered
households located on Tribal land from the information reported
under paragraph (2), including the categorization under
paragraph (3).''.
SEC. 6. MAP ACCOUNTABILITY.
(a) Verification Process.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commission shall conduct a
rulemaking to establish a process to use data relating to
broadband service capability and availability in the United
States (referred to in this section as ``coverage data'') that
is reported by consumers, businesses, and State and local
governments to verify the data used in the Broadband Map.
(2) Time period for verification.--The Commission, and any
other Federal agency, may not use a new version of the
Broadband Map to distribute support for broadband service
unless the Commission has used the process established under
paragraph (1) for a period of not less than 60 days to verify
the data used in the new Broadband Map.
(3) Sources of coverage data.--The Commission shall include
in the process established under paragraph (1) a mechanism to
incorporate coverage data obtained from--
(A) any reputable application through which
consumers report coverage data, as determined by the
Commission;
(B) State, local, or Tribal government entities
that are primarily responsible for mapping or tracking
broadband service capability and availability for a
State, unit of local government, or Indian Tribe, as
applicable; and
(C) any other source that the Commission determines
appropriate.
(b) Challenge Process.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commission shall establish, in
addition to the process established under subsection (a), an
evidence-based process by which a consumer, business, or State
or local government may challenge data used in the Broadband
Map.
(2) Responsibility of covered entities.--In carrying out
the evidence-based challenge process under paragraph (1), the
Commission shall require the covered entity that reported the
data being challenged through the process to bear the burden of
proving that the data is accurate.
(c) Rule of Construction.--Nothing in this section shall be
construed to affect any determination made by the Commission before the
date of enactment of this Act with respect to the distribution of
support for broadband service.
SEC. 7. APPLICABILITY OF OTHER LAWS.
(a) OMB Review.--Notwithstanding any other provision of law, any
rulemaking or information collection conducted by the Commission under
this Act or an amendment made by this Act shall be exempt from review
by the Office of Management and Budget.
(b) Paperwork Reduction Act.--Chapter 35 of title 44, United States
Code (commonly known as the ``Paperwork Reduction Act''), shall not
apply to any rulemaking or information collection conducted by the
Commission under this Act or an amendment made by this Act.
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