[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3321 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 3321

 To require the Federal Communications Commission to ensure equitable 
and nondiscriminatory contributions to the mechanisms that preserve and 
advance universal service, to reduce the financial burden on consumers, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 15, 2023

   Mr. Mullin (for himself, Mr. Kelly, and Mr. Crapo) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To require the Federal Communications Commission to ensure equitable 
and nondiscriminatory contributions to the mechanisms that preserve and 
advance universal service, to reduce the financial burden on consumers, 
                        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 ``Lowering Broadband Costs for 
Consumers Act of 2023''.

SEC. 2. LOWERING BROADBAND COSTS FOR CONSUMERS.

    (a) Definitions.--In this section:
            (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 provider.--The term ``broadband provider'' 
        means a provider of broadband internet access service.
            (3) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (4) Edge provider.--The term ``edge provider'' means a 
        provider of online content or services, including--
                    (A) a digital advertising service;
                    (B) a search engine;
                    (C) a social media platform;
                    (D) a streaming service;
                    (E) an app store;
                    (F) a cloud computing service;
                    (G) an over-the-top messaging service or any other 
                service that enables texting;
                    (H) a videoconferencing service;
                    (I) a video gaming service; and
                    (J) an e-commerce platform.
            (5) Eligible telecommunications carrier.--The term 
        ``eligible telecommunications carrier'' means a common carrier 
        designated as an eligible telecommunications carrier under 
        section 214(e) of the Communications Act of 1934 (47 U.S.C. 
        214(e)).
    (b) Lowering Broadband Costs for Consumers.--Section 254(d) of the 
Communications Act of 1934 (47 U.S.C. 254(d)) is amended--
            (1) by striking ``Every'' and inserting the following:
            ``(1) In general.--Every''; and
            (2) by adding at the end the following:
            ``(2) Rulemaking.--
                    ``(A) Initial rulemaking.--Not later than 18 months 
                after the date of enactment of the Lowering Broadband 
                Costs for Consumers Act of 2023, the Commission shall 
                complete a rulemaking to reform the Universal Service 
                Fund by expanding the contribution base so that 
                broadband providers and edge providers, except as 
                provided in paragraph (3) of this subsection, 
                contribute on an equitable and nondiscriminatory basis 
                to the specific, predictable, and sufficient mechanisms 
                established by the Commission to preserve and advance 
                universal service.
                    ``(B) Revisions.--From time to time after the 
                rulemaking described in subparagraph (A), the 
                Commission may revise the rules adopted under that 
                subparagraph, as necessary, to ensure that broadband 
                providers and edge providers continue to contribute on 
                an equitable and nondiscriminatory basis to the 
                specific, predictable, and sufficient mechanisms 
                established by the Commission to preserve and advance 
                universal service.
            ``(3) Exempted edge providers and broadband providers.--The 
        requirement to contribute described in paragraph (2) shall not 
        apply to--
                    ``(A) an edge provider that--
                            ``(i) transmitted less than 3 percent of 
                        the estimated quantity of broadband data that 
                        was transmitted in the United States during the 
                        most recent year, as determined by the 
                        Commission; and
                            ``(ii) earned less than $5,000,000,000 in 
                        revenue in the United States during the most 
                        recent year; or
                    ``(B) an edge provider or broadband provider or 
                class of edge providers or broadband providers if the 
                revenue of the provider is such that the level of 
                contribution of the provider to the preservation and 
                advancement of universal service would be de minimis.
            ``(4) Broadband provider; edge provider defined.--In this 
        subsection, the terms `broadband provider' and `edge provider' 
        have the meanings given those terms in section 2 of the 
        Lowering Broadband Costs for Consumers Act of 2023.''.
    (c) Supporting Broadband Providers.--
            (1) Adoption of mechanism.--Not later than 18 months after 
        the date of enactment of this Act, the Commission shall 
        complete a rulemaking to adopt a new mechanism under the high-
        cost program of the Universal Service Fund that will provide 
        specific, predictable, and sufficient support for expenses 
        incurred by a broadband provider that is an eligible 
        telecommunications carrier in providing supported services to 
        the extent that such expenses are not otherwise recovered from 
        revenues earned from the assessment of just, reasonable, and 
        affordable rates on end users in high-cost areas or from other 
        universal service support mechanisms.
            (2) Limit on eligible telecommunications carriers.--The 
        Commission shall ensure that not more than 1 eligible 
        telecommunications carrier for any area receives support from 
        the mechanism adopted through the rulemaking conducted under 
        paragraph (1).
    (d) 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 as though all applicable terms and provisions of the 
        Communications Act of 1934 (47 U.S.C. 151 et seq.) were 
        incorporated into and made a part of this Act.
            (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 of 1934 (47 U.S.C. 151 et seq.).
    (e) Purpose; Rule of Construction.--
            (1) Purpose.--The purpose of this section is to direct the 
        Commission to require contributions to the Universal Service 
        Fund from edge providers and broadband providers and to modify 
        the high cost program to promote affordable and available 
        broadband.
            (2) Rule of construction.--Nothing in this section shall be 
        construed to provide the Commission with--
                    (A) any new authority over broadband providers; or
                    (B) any authority over edge providers other than as 
                described in paragraph (1).
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