[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2275 Introduced in Senate (IS)]

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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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