[Congressional Record Volume 153, Number 86 (Thursday, May 24, 2007)]
[Senate]
[Pages S6860-S6862]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. INOUYE (for himself, Mr. Dorgan, Mr. Pryor, Ms. Cantwell, 
        Ms. Klobuchar,  and Mr. Kerry):
  S. 1492. A bill to improve the quality of federal and state data 
regarding the availability and quality of broadband services and to 
promote the deployment of affordable broadband services to all parts of 
the Nation; to the Committee on Commerce, Science, and Transportation.
  Mr. INOUYE. Mr. President, broadband communications are quickly 
becoming the great economic engine of our time. Broadband deployment 
drives opportunities for business, education, and healthcare. It 
provides widespread access to information that can change the way we 
communicate with one another and improve the quality of our lives. From 
our smallest rural hamlets to our largest urban centers, communities 
across this country should have access to the opportunities ubiquitous 
broadband can bring. The state of our broadband union should be 
broadband for all.
  But the news on this front is not all good. Last month, the 
Organization for Economic Cooperation and Development reported that the 
United States has fallen to 15th in the world in broadband penetration. 
In some Asian and European countries, households have high-speed 
connections that are 20 times faster than ours, for half the cost. 
While some will debate what, in fact, these rankings measure, one thing 
that cannot be debated is the fact that we continue to fall 
precipitously down the list. In 2000 the United States ranked 4th; last 
year we dropped to 12th; and just last month we dropped to 15th. The 
broadband bottom line is that too many of our international 
counterparts are passing us by. For this we are paying a price. Some 
experts estimate that universal broadband adoption would add $500 
billion to the U.S. economy and create more than a million new jobs.
  In a digital age, the world will not wait for us. It is imperative 
that we get our broadband house in order and our communications policy 
right. But we cannot manage what we do not measure. So the first step 
in an improved broadband policy is ensuring that we have better data on 
which to build our efforts.
  That is why I am here today to introduce the Broadband Data 
Improvement Act. This legislation will improve the quality of Federal 
and State data regarding the availability of broadband service. This, 
in turn, can be used to craft policies that will increase the 
availability of affordable broadband service in all parts of the 
Nation. This legislation will improve broadband data collection at the 
Federal Communications Commission and Bureau of the Census. It will 
direct the Comptroller General and the Small Business Administration to 
study our broadband challenge. It will encourage State initiatives to 
improve broadband adoption by establishing a State broadband data and 
development grant program that will authorize $40 million for each of 
fiscal years 2008 through 2012.
  With too many of our industrial counterparts ahead of us, we sorely 
need the kind of granular data that will inform our policies and propel 
us to the front of the broadband ranks. I believe that the Broadband 
Data Improvement Act will give us the tools to make this happen.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1492

       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 Data Improvement 
     Act''.

     SEC. 2. FINDINGS.

       The Congress finds the following:
       (1) The deployment and adoption of broadband technology has 
     resulted in enhanced economic development and public safety 
     for communities across the Nation, improved health care and 
     educational opportunities, and a better quality of life for 
     all Americans.
       (2) Continued progress in the deployment and adoption of 
     broadband technology is vital to ensuring that our Nation 
     remains competitive and continues to create business and job 
     growth.
       (3) Improving Federal data on the deployment and adoption 
     of broadband service will assist in the development of 
     broadband technology across all regions of the Nation.
       (4) The Federal Government should also recognize and 
     encourage complementary state efforts to improve the quality 
     and usefulness of broadband data and should encourage and 
     support the partnership of the public and private sectors in 
     the continued growth of broadband services and information 
     technology for the residents and businesses of the Nation.

     SEC. 3. IMPROVING FEDERAL DATA ON BROADBAND.

       (a) Improving FCC Broadband Data.--Within 120 days after 
     the date of enactment of this Act, the Federal Communications 
     Commission shall issue an order in WC docket No. 07-38 which 
     shall, at a minimum--
       (1) revise or update, if determined necessary, the existing 
     definitions of advanced telecommunications capability, or 
     broadband;
       (2) establish a new definition of second generation 
     broadband to reflect a data rate that is not less than the 
     data rate required to reliably transmit full-motion, high-
     definition video; and
       (3) revise its Form 477 reporting requirements to require 
     filing entities to report broadband connections and second 
     generation broadband connections by 5-digit postal zip code 
     plus 4-digit location.
       (b) Exception.--The Commission shall exempt an entity from 
     the reporting requirements of subsection (a)(3) if the 
     Commission determines that a compliance by that entity with 
     the requirements is cost prohibitive, as defined by the 
     Commission.
       (c) Improving Section 706 Inquiry.--Section 706 of the 
     Telecommunications Act of 1996 (47 U.S.C. 157 nt) is 
     amended--
       (1) by striking ``regularly'' in subsection (b) and 
     inserting ``annually'';
       (2) by redesignating subsection (c) as subsection (e); and
       (3) by inserting after subsection (b) the following:
       ``(c) Measurement of Extent of Deployment.--In determining 
     under subsection (b) whether advanced telecommunications 
     capability is being deployed to all Americans in a reasonable 
     and timely fashion, the Commission shall consider data 
     collected using 5-digit postal zip code plus 4-digit 
     location.
       ``(d) Demographic Information for Unserved Areas.--As part 
     of the inquiry required by subsection (b), the Commission 
     shall, using 5-digit postal zip code plus 4-digit location 
     information, compile a list of geographical areas that are 
     not served by any provider of advanced telecommunications 
     capability (as defined by section 706(c)(1) of the 
     Telecommunications Act of 1996 (47 U.S.C. 157 nt)) and to the 
     extent that data from the Census Bureau is available, 
     determine, for each such unserved area--
       ``(1) the population;
       ``(2) the population density; and
       ``(3) the average per capita income.'';
       (4) by inserting ``an evolving level of'' after 
     ``technology,'' in paragraph (1) of subsection (e), as 
     redesignated.
       (d) Improving Census Data on Broadband.--The Secretary of 
     Commerce, in consultation with the Federal Communications 
     Commission, shall expand the American Community Survey 
     conducted by the Bureau of the Census to elicit information 
     for residential households, including those located on native 
     lands, to determine whether persons at such households own or 
     use a computer at that address, whether persons at that 
     address subscribe to Internet service and, if so, whether 
     such persons subscribe to dial-up or broadband Internet 
     service at that address.

     SEC. 4. STUDY ON ADDITIONAL BROADBAND METRICS AND STANDARDS.

       (a) In General.--The Comptroller General shall conduct a 
     study to consider and evaluate additional broadband metrics 
     or standards that may be used by industry and the

[[Page S6861]]

     Federal Government to provide users with more accurate 
     information about the cost and capability of their broadband 
     connection, and to better compare the deployment and 
     penetration of broadband in the United States with other 
     countries. At a minimum, such study shall consider potential 
     standards or metrics that may be used--
       (1) to calculate the average price per megabyte of 
     broadband offerings;
       (2) to reflect the average actual speed of broadband 
     offerings compared to advertised potential speeds;
       (3) to compare the availability and quality of broadband 
     offerings in the United States with the availability and 
     quality of broadband offerings in other industrialized 
     nations, including countries that are members of the 
     Organization for Economic Cooperation and Development; and
       (4) to distinguish between complementary and substitutable 
     broadband offerings in evaluating deployment and penetration.
       (b) Report.--Not later than one year after the date of 
     enactment of this Act, the Comptroller General shall submit a 
     report to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Energy and Commerce on the results of the study, with 
     recommendations for how industry and the Federal 
     Communications Commission can use such metrics and 
     comparisons to improve the quality of broadband data and to 
     better evaluate the deployment and penetration of comparable 
     broadband service at comparable rates across all regions of 
     the Nation.

     SEC. 5. STUDY ON THE IMPACT OF BROADBAND SPEED AND PRICE ON 
                   SMALL BUSINESSES.

       (a) In General.--The Small Business Administration Office 
     of Advocacy shall conduct a study evaluating the impact of 
     broadband speed and price on small businesses.
       (b) Report.--Not later than one year after the date of 
     enactment of this Act, the Office shall submit a report to 
     the Senate Committee on Commerce, Science, and 
     Transportation, the Senate Committee on Small Business and 
     Entrepreneurship, the House of Representatives Committee on 
     Energy and Commerce, and the House of Representatives 
     Committee on Small Business on the results of the study, 
     including--
       (1) a survey of broadband speeds available to small 
     businesses;
       (2) a survey of the cost of broadband speeds available to 
     small businesses;
       (3) a survey of the type of broadband technology used by 
     small businesses; and
       (4) any policy recommendations that may improve small 
     businesses access to comparable broadband services at 
     comparable rates in all regions of the Nation.

     SEC. 6. ENCOURAGING STATE INITIATIVES TO IMPROVE BROADBAND.

       (a) Purposes.--The purposes of any grant under subsection 
     (b) are--
       (1) to ensure that all citizens and businesses in a State 
     have access to affordable and reliable broadband service;
       (2) to achieve improved technology literacy, increased 
     computer ownership, and home broadband use among such 
     citizens and businesses;
       (3) to establish and empower local grassroots technology 
     teams in each State to plan for improved technology use 
     across multiple community sectors; and
       (4) to establish and sustain an environment ripe for 
     broadband services and information technology investment.
       (b) Establishment of State Broadband Data and Development 
     Grant Program.--
       (1) In general.--The Secretary of Commerce shall award 
     grants, taking into account the results of the peer review 
     process under subsection (d), to eligible entities for the 
     development and implementation of statewide initiatives to 
     identify and track the availability and adoption of broadband 
     services within each State.
       (2) Competitive basis.--Any grant under subsection (b) 
     shall be awarded on a competitive basis.
       (c) Eligibility.--To be eligible to receive a grant under 
     subsection (b), an eligible entity shall--
       (1) submit an application to the Secretary of Commerce, at 
     such time, in such manner, and containing such information as 
     the Secretary may require; and
       (2) contribute matching non-Federal funds in an amount 
     equal to not less than 20 percent of the total amount of the 
     grant.
       (d) Peer Review; Nondisclosure.--
       (1) In general.--The Secretary shall by regulation require 
     appropriate technical and scientific peer review of 
     applications made for grants under this section.
       (2) Review procedures.--The regulations required under 
     paragraph (1) shall require that any technical and scientific 
     peer review group--
       (A) be provided a written description of the grant to be 
     reviewed; and
       (B) provide the results of any review by such group to the 
     Secretary of Commerce.
       (C) certify that such group will enter into voluntary 
     nondisclosure agreements as necessary to prevent the 
     unauthorized disclosure of confidential and proprietary 
     information provided by broadband service providers in 
     connection with projects funded by any such grant.
       (e) Use of Funds.--A grant awarded to an eligible entity 
     under subsection (b) shall be used--
       (1) to provide a baseline assessment of broadband service 
     deployment in each State;
       (2) to identify and track--
       (A) areas in each State that have low levels of broadband 
     service deployment;
       (B) the rate at which residential and business users adopt 
     broadband service and other related information technology 
     services; and
       (C) possible suppliers of such services;
       (3) to identify barriers to the adoption by individuals and 
     businesses of broadband service and related information 
     technology services, including whether or not--
       (A) the demand for such services is absent; and
       (B) the supply for such services is capable of meeting the 
     demand for such services;
       (4) to identify the speeds of broadband connections made 
     available to individuals and businesses within the State, 
     and, at a minimum, to rely on the data rate benchmarks for 
     broadband and second generation broadband identified by the 
     Federal Communications Commission to promote greater 
     consistency of data among the States;
       (5) to create and facilitate in each county or designated 
     region in a State a local technology planning team--
       (A) with members representing a cross section of the 
     community, including representatives of business, 
     telecommunications labor organizations, K-12 education, 
     health care, libraries, higher education, community-based 
     organizations, local government, tourism, parks and 
     recreation, and agriculture; and
       (B) which shall--
       (i) benchmark technology use across relevant community 
     sectors;
       (ii) set goals for improved technology use within each 
     sector; and
       (iii) develop a tactical business plan for achieving its 
     goals, with specific recommendations for online application 
     development and demand creation;
       (6) to work collaboratively with broadband service 
     providers and information technology companies to encourage 
     deployment and use, especially in unserved and underserved 
     areas, through the use of local demand aggregation, mapping 
     analysis, and the creation of market intelligence to improve 
     the business case for providers to deploy;
       (7) to establish programs to improve computer ownership and 
     Internet access for unserved and underserved populations;
       (8) to collect and analyze detailed market data concerning 
     the use and demand for broadband service and related 
     information technology services;
       (9) to facilitate information exchange regarding the use 
     and demand for broadband services between public and private 
     sectors; and
       (10) to create within each State a geographic inventory map 
     of broadband service, and where feasible second generation 
     broadband service, which shall--
       (A) identify gaps in such service through a method of 
     geographic information system mapping of service availability 
     at the census block level; and
       (B) provide a baseline assessment of statewide broadband 
     deployment in terms of households with high-speed 
     availability.
       (f) Participation Limit.--For each State, an eligible 
     entity may not receive a new grant under this section to fund 
     the activities described in subsection (d) within such State 
     if such organization obtained prior grant awards under this 
     section to fund the same activities in that State in each of 
     the previous 4 consecutive years.
       (g) Reporting.--The Secretary of Commerce shall--
       (1) require each recipient of a grant under subsection (b) 
     to submit a report on the use of the funds provided by the 
     grant; and
       (2) create a web page on the Department of Commerce web 
     site that aggregates relevant information made available to 
     the public by grant recipients, including, where appropriate, 
     hypertext links to any geographic inventory maps created by 
     grant recipients under subsection (e)(10).
       (h) Definitions.--In this section:
       (1) Eligible Entity.--The term ``eligible entity'' means a 
     non-profit organization that is selected by a State to work 
     in partnership with State agencies and private sector 
     partners in identifying and tracking the availability and 
     adoption of broadband services within each State.
       (2) Nonprofit Organization.--The term ``nonprofit 
     organization'' means an organization--
       (A) described in section 501(c)(3) of the Internal Revenue 
     Code of 1986 and exempt from tax under section 501(a) of such 
     Code;
       (B) no part of the net earnings of which inures to the 
     benefit of any member, founder, contributor, or individual;
       (C) that has an established competency and proven record of 
     working with public and private sectors to accomplish 
     widescale deployment and adoption of broadband services and 
     information technology; and
       (D) the board of directors of which is not composed of a 
     majority of individuals who are also employed by, or 
     otherwise associated with, any Federal, State, or local 
     government or any Federal, State, or local agency.
       (i) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $40,000,000 for 
     each of fiscal years 2008 through 2012.
       (j) No Regulatory Authority.--Nothing in this section shall 
     be construed as giving any public or private entity 
     established or affected by this Act any regulatory 
     jurisdiction or oversight authority over providers of 
     broadband services or information technology.

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