[Congressional Record (Bound Edition), Volume 153 (2007), Part 22]
[House]
[Pages 31004-31008]
[From the U.S. Government Publishing Office, www.gpo.gov]




                BROADBAND CENSUS OF AMERICA ACT OF 2007

  Mr. MARKEY. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3919) to provide for a comprehensive nationwide inventory of 
existing broadband service, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3919

       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 Census of America 
     Act of 2007''.

     SEC. 2. CENSUS OF BROADBAND SERVICE DEPLOYMENT.

       (a) Duty to Collect and Report.--
       (1) Annual assessment and report.--The Commission shall, on 
     an annual basis, conduct an assessment and publish a report 
     on the nature and deployment of, and subscription to, 
     broadband service capability throughout the States.
       (2) Bandwidth service tiers.--The Commission shall 
     designate bandwidth service tiers by identifying tiers of 
     increasing data transmission speeds of broadband service 
     capability that will provide useful information about the 
     nature and extent of deployment of broadband service 
     capability. At a minimum, the tiers in the aggregate shall 
     encompass all data transmission speeds deployed, and shall 
     consist of multiple combinations of upstream and downstream 
     data transmission speeds. Each tier shall be designated, to 
     the extent possible, to correspond to the ability to support 
     qualitatively different applications and services, which the 
     Commission shall also identify.
       (3) Information collection.--The Commission shall collect, 
     or provide for the collection of, information from all 
     commercial and public providers of broadband service 
     capability under its jurisdiction in each State. Such 
     information shall include--
       (A) for each area encompassed by a United States postal zip 
     code of the 5 digit level--
       (i) information concerning the types of technology used to 
     provide broadband service capability in such area;
       (ii) the tiers designated under paragraph (2) used to 
     provide such capability in such area; and
       (iii) the actual number of residential subscribers and the 
     actual number of business subscribers in such area; and
       (B) for each State, the actual number of residential 
     subscribers and the actual number of business subscribers for 
     each tier of service designated under paragraph (2).
       (4) Information reported.--In the annual report required by 
     paragraph (1), the Commission shall provide to the public--
       (A) for each area encompassed by a United States postal zip 
     code of the 5 digit level--
       (i) a list of the types of technology used to provide such 
     capability in such area; and
       (ii) the actual number of residential subscribers and the 
     actual number of business subscribers to broadband service 
     capability in such area, each in the aggregate; and
       (B) for each State, the actual number of residential 
     subscribers and the actual number of business subscribers for 
     each tier of service designated under paragraph (2), each in 
     the aggregate.
       (b) Evolution of Assessment.--The Commission shall 
     periodically review both the bandwidth service tiers and the 
     types of technology utilized in its assessment under 
     subsection (a) to take into account changes in technology and 
     marketplace conditions.
       (c) International Comparison.--
       (1) International comparison.--As part of the assessment 
     and report required by this section, the Commission shall 
     include information comparing the extent of broadband service 
     capability (including data transmission speeds and price for 
     broadband service capability) in a total of 75 communities in 
     at least 25 countries abroad for each of the tiers designated 
     pursuant to subsection (a)(2).
       (2) Contents.--The Commission shall choose communities for 
     the comparison under this subsection in a manner that will 
     offer, to the extent possible, communities of a population 
     size, population density, topography, and demographic profile 
     that are comparable to the population size, population 
     density, topography, and demographic profile of various 
     communities within the United States. The Commission shall 
     include in the comparison under this subsection--
       (A) a geographically diverse selection of countries; and
       (B) communities including the capital cities of such 
     countries.
       (3) Similarities and differences.--The Commission shall 
     identify relevant similarities and differences in each 
     community, including their market structures, the number of 
     competitors, the number of facilities-based providers, the 
     types of technologies deployed by such providers, the 
     applications and services those technologies enable, and the 
     regulatory model under which broadband service capability is 
     provided.
       (d) Protection of Information.--Except for the information 
     provided to the public by the Commission in its annual report 
     pursuant to subsection (a)(4), nothing in this section shall 
     reduce or remove any obligation the Commission has to protect 
     proprietary information, nor shall this section be construed 
     to compel the Commission to make publicly available any 
     proprietary information. Any information collected by the 
     Commission pursuant to subsection (a)(3) that reveals any 
     competitively sensitive information of an individual provider 
     of broadband service capability shall not be disclosed by the 
     Commission under subsection (a)(4) or otherwise.
       (e) Regulations.--The Commission shall, within 180 days 
     after the date of the enactment of this Act, promulgate 
     regulations to implement this section.
       (f) Enforcement Authority.--The Commission shall enforce 
     this section as if such section was a part of the 
     Communications Act of 1934. For the purpose of this section, 
     any violations of this section, or any regulations 
     promulgated under this section, shall be considered to be a 
     violation of the Communications Act of 1934 or a regulation 
     promulgated under that Act, respectively.

     SEC. 3. BROADBAND INVENTORY MAP.

       (a) Establishment.--To provide a comprehensive nationwide 
     inventory of existing broadband service capability and 
     availability, the NTIA shall develop and maintain a broadband 
     inventory map of the United States that identifies and 
     depicts the geographic extent to which broadband service 
     capability is deployed and available from a commercial 
     provider or public provider throughout each State.
       (b) Information Shown.--The broadband inventory map 
     developed and maintained pursuant to this section shall be 
     capable of identifying and depicting, nationwide, for each 
     State, and for each county or parish of each State--
       (1) each area encompassed by a United States postal zip 
     code of 9 digit level, census tract level, or functional 
     equivalent in which broadband service capability is deployed 
     at that time, including--
       (A) each commercial or public provider of broadband service 
     capability within such area; and
       (B) subject to subsection (f)(5)--
       (i) each type of technology used to provide broadband 
     service capability within such area; and
       (ii) which bandwidth service tiers designated pursuant to 
     section 2(a)(2) are available within such area for each 
     provider of broadband service capability; and
       (2) each area encompassed by a United States postal zip 
     code of 9 digit level, census tract level, or functional 
     equivalent in which broadband service capability is not 
     deployed at that time.
       (c) Data Use Encouraged.--The NTIA shall--
       (1) seek to overlay demographic data obtained from other 
     sources in the Department of Commerce and elsewhere for use 
     with such broadband inventory map; and
       (2) make available such map, and the information on which 
     it is based, to such other sources in the Department for 
     demographic purposes, subject to section 7.
       (d) Public Availability and Interactivity.--Not later than 
     2 years after the date of the enactment of this Act, the NTIA 
     shall make the broadband inventory map developed and 
     maintained pursuant to this section accessible by the public 
     on a World Wide Web site of the NTIA in a form that is 
     interactive and searchable.
       (e) Updating.--The NTIA shall update the broadband 
     inventory map developed and maintained pursuant to this 
     section to ensure that the information provided by the 
     broadband inventory map is timely and accurate.
       (f) Obtaining Information.--
       (1) In general.--The NTIA shall request and obtain such 
     information as may be necessary to carry out this section 
     from the following:
       (A) eligible entities under section 4;
       (B) the Commission; and
       (C) commercial and public providers of broadband service 
     capability.
       (2) Priority of information requests.--If the NTIA has not 
     otherwise obtained such information pursuant to paragraph 
     (3), the NTIA shall--
       (A) first request and try to obtain such information from 
     such eligible entities before requesting and obtaining such 
     information from the Commission; and
       (B) only request such information from commercial and 
     public providers of broadband service capability if such 
     information cannot be obtained in a timely fashion from such 
     eligible entities or the Commission.

[[Page 31005]]

       (3) Compatible format.--Such entities or such providers may 
     elect to provide the NTIA with the information necessary for 
     displaying a statewide map, provided that such map meets, at 
     a minimum, the requirements of subsection (b) for that State 
     and such information is in a format that NTIA is able to 
     incorporate into the broadband inventory map required under 
     this section. Nothing in this paragraph precludes such 
     providers or any such entity, with agreement of the providers 
     concerned, from providing to the NTIA, or using for its own 
     purposes, more geographically-specific information than 
     required by subsection (b).
       (4) Additional information, including wifi hotspots.--The 
     NTIA shall also try to obtain accurate information from 
     reliable publicly available sources about broadband service 
     capability that is offered to the public but that is not 
     provided by either a commercial provider or a public provider 
     directly to the public.
       (5) Opt-out by providers.--Notwithstanding subsection 
     (b)(1)(B), if a provider of broadband service capability 
     requests that the map developed and maintained pursuant to 
     this section shall not depict the information in clause (i) 
     or (ii), or both, of such subsection for a particular area or 
     areas, the NTIA shall comply with such request.
       (g) Protection of Information.--Except for the information 
     provided to the public by the NTIA in subsection (d), nothing 
     in this section shall reduce or remove any obligation the 
     NTIA has to protect proprietary information, nor shall this 
     section be construed to compel the NTIA to make publicly 
     available any proprietary information. Notwithstanding any 
     other provision of this section, any information obtained by 
     NTIA pursuant to subsection (f) that reveals competitively 
     sensitive information of an individual provider of broadband 
     service capability shall not be disclosed by NTIA.

     SEC. 4. GRANTS TO STATES FOR BROADBAND MAP DEVELOPMENT.

       (a) In General.--The NTIA may, to the extent amounts are 
     made available pursuant to section 10(b) for use under this 
     section, make grants to an eligible entity to assist in 
     providing the NTIA with information to facilitate the 
     development of the broadband inventory map required under 
     section 3.
       (b) State Entity Application and Designation.--An eligible 
     entity in any State that seeks to obtain a grant under this 
     section shall submit an application to the NTIA at such time, 
     in such form, and containing such information and assurances 
     as the NTIA may require.
       (c) Use.--Amounts from a grant under this section may be 
     used only for costs involved in developing and obtaining 
     information for the broadband inventory map required under 
     section 3.
       (d) Conditions.--
       (1) Information sharing.--As a condition of receipt of a 
     grant under this section, the eligible entity shall agree to 
     provide to the NTIA the information developed or obtained 
     using such grant amounts and necessary for the broadband 
     inventory map required under section 3.
       (2) Matching requirement.--An eligible entity may not 
     obtain a grant under this section to carry out the activities 
     under this section unless such entity agrees to provide, from 
     non-Federal funds, an amount equal to not less than 20 
     percent of the amount of the grant toward the costs of 
     carrying out such activities.
       (e) Grant Criteria.--The NTIA shall select an eligible 
     entity to receive a grant under this section based upon 
     criteria that shall include--
       (1) whether such entity requesting a grant is organized on 
     a statewide basis and prepared to develop information for use 
     by NTIA on a timely basis;
       (2) the need of such entity for financial support, taking 
     into account the financial support from State or other 
     sources, to fulfill the objectives of this Act; and
       (3) whether the denial of such entity's grant request 
     would--
       (A) result in the inability of such entity to develop 
     information on a timely or comprehensive basis; and
       (B) result in a gap in the information for that State or 
     otherwise thwart the objectives of this Act.
       (f) Regulations.--The NTIA shall issue such regulations as 
     may be necessary to carry out the functions assigned under 
     this section.
       (g) Eligible Entity.--For the purposes of this section, the 
     term ``eligible entity'' for any State means--
       (1) an entity that is either--
       (A) an agency or instrumentality of that State, or a 
     municipality or other subdivision (or agency or 
     instrumentality of a municipality or other subdivision) of 
     that State; or
       (B) a nonprofit organization that is described in section 
     501(c)(3) of the Internal Revenue Code of 1986 and that is 
     exempt from taxation under section 501(a) of such Code; and
       (2) the entity is the single eligible entity in such State 
     that has been designated by the State to receive a grant 
     under this section.

     SEC. 5. GRANTS FOR DEMAND-SIDE BROADBAND SERVICE 
                   IDENTIFICATION AND ASSESSMENTS.

       (a) Grant Authority.--From the amounts appropriated under 
     section 10(c), the NTIA shall establish a grant program to 
     create and facilitate the work of local technology planning 
     entities that represent a broad cross-section of their 
     community, including representatives of business, 
     telecommunications labor organizations, consumer 
     organizations, elementary and secondary education, health 
     care providers, libraries, higher education, community-based 
     organizations, tribal organizations, and local government.
       (b) State Entity Application and Designation.--Each 
     eligible planning entity in any State that seeks to obtain a 
     grant under this section shall submit an application to the 
     NTIA at such time, in such form, and containing such 
     information and assurances as the NTIA may require. Such 
     application shall contain a demonstration that--
       (1) the entity is an eligible planning entity; and
       (2) the eligible planning entity--
       (A) is the single eligible planning entity in such State 
     that has been designated by the State for an exclusive 
     geographic area within the State to receive a grant under 
     this section; or
       (B) is the single eligible planning entity that is 
     designated by the governing body of an Indian tribe to 
     receive a grant under this section.
       (c) Use of Funds.--Amounts from a grant under this section 
     shall be used to assist an eligible planning entity to--
       (1) assess the current use of broadband service capability 
     across relevant community sectors;
       (2) set goals for improving or maximizing such use within 
     each sector;
       (3) develop a plan for achieving the eligible planning 
     entity's goals, with specific recommendations for identifying 
     and spurring demand for such capability;
       (4) collaborate with providers of broadband service 
     capability and other high technology companies to encourage 
     the deployment and use of broadband service capability in 
     unserved and underserved areas;
       (5) identify local demand for broadband service capability 
     and aggregate such demand;
       (6) establish programs, but not acquire equipment or 
     facilities, to improve computer ownership and Internet access 
     for unserved and underserved populations; and
       (7) facilitate the exchange of information regarding the 
     use and demand for broadband service capability between the 
     public and private sectors.
       (d) Prohibition.--Funds made available by a grant under 
     this section shall not be used for the provision of broadband 
     service capability or the acquisition of equipment or 
     facilities for such capability, except that this prohibition 
     shall not prohibit an eligible planning entity's use of such 
     funds to acquire broadband service capability or equipment or 
     facilities for such capability for use by such entity in its 
     own conduct of planning activities.
       (e) Regulations.--The NTIA shall issue such regulations as 
     may be necessary to carry out the functions assigned under 
     this section.
       (f) Eligible Planning Entity.--For the purposes of this 
     section, the term ``eligible planning entity'' for any State 
     means--
       (1) an agency or instrumentality of that State, a 
     municipality or other subdivision (or agency or 
     instrumentality of a municipality or other subdivision) of 
     that State, or an Indian tribe; or
       (2) a nonprofit organization that is described in section 
     501(c)(3) of the Internal Revenue Code of 1986 and that is 
     exempt from taxation under section 501(a) of such Code.

     SEC. 6. CONSUMER SURVEY OF BROADBAND SERVICE CAPABILITY.

       (a) Authority.--For the purpose of evaluating, on a 
     statistically significant basis, the national characteristics 
     of the use of broadband service capability, the Commission 
     shall conduct and make public periodic surveys of consumers 
     in urban, suburban, and rural areas in the large business, 
     small business, and residential consumer markets to determine 
     the following:
       (1) The types of technology used to provide the broadband 
     service capability to which consumers subscribe.
       (2) The amounts consumers pay per month for such 
     capability.
       (3) The actual data transmission speeds of such capability.
       (4) The types of applications and services consumers most 
     frequently use in conjunction with such capability.
       (5) For consumers who have declined to subscribe to 
     broadband service capability, the reasons given by such 
     consumers for declining such capability.
       (6) Other sources of broadband service capability which 
     consumers regularly use or on which they rely.
       (7) Any other information the Commission deems appropriate 
     for such purpose.
       (b) Public Availability.--The Commission shall make 
     publicly available the results of surveys conducted under 
     this section at least once per year.

     SEC. 7. CONFIDENTIALITY OF CONSUMER INFORMATION.

       (a) In General.--The Commission shall, within 180 days 
     after the date of the enactment of this Act, promulgate 
     regulations--

[[Page 31006]]

       (1) to protect the confidentiality of personal consumer 
     information collected for the purposes of this Act;
       (2) to require the Commission, the NTIA, and each other 
     entity that collects or controls such information for the 
     purposes of this Act (including any eligible entity under 
     section 4, eligible planning entity designated under section 
     5(b)(2), and commercial and public provider of broadband 
     service capability) to protect the confidentiality of such 
     information; and
       (3) to permit such information to be disclosed by such 
     entities only to the extent consistent with the provisions 
     and for the purposes of this Act, or with the prior express 
     authorization of the consumer to whom it pertains.
       (b) Limitation.--The regulations promulgated under 
     subsection (a) shall not preclude the ability of any consumer 
     or other person or entity to search, by individual street 
     address, the broadband inventory map developed and maintained 
     pursuant to section 3, or any of the individual State maps 
     that may compose it.

     SEC. 8. STATE OR LOCAL AUTHORITY.

       Except as provided in section 7, nothing in this Act shall 
     be construed to expand or limit the authority of States, 
     Indian tribes, or units of local government to compel the 
     collection of information.

     SEC. 9. SUNSET PROVISIONS.

       (a) Broadband Deployment Information & Consumer Survey.--
     Sections 2 and 6 shall cease to be effective after the end of 
     the 6-year period beginning on the date of the enactment of 
     this Act.
       (b) Broadband Inventory Map.--Section 3 shall cease to be 
     effective after the end of the 7-year period beginning on the 
     date of enactment of this Act.

     SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out sections 3 and 4 of this Act--
       (1) $20,000,000 for fiscal year 2008;
       (2) $20,000,000 for fiscal year 2009; and
       (3) $20,000,000 for fiscal year 2010.
       (b) Broadband Map Information Development Grants.--Of any 
     amounts appropriated in each fiscal year pursuant to 
     subsection (a), not less than $15,000,000 shall be available 
     only for grants under section 4.
       (c) Local Technology Planning Grants.--In addition to the 
     amount appropriated under subsection (a), there is authorized 
     to be appropriated to make grants under section 5--
       (1) $50,000,000 for fiscal year 2008;
       (2) $100,000,000 for fiscal year 2009; and
       (3) $125,000,000 for fiscal year 2010.

     SEC. 11. DEFINITIONS.

       For the purposes of this Act, the following definitions 
     shall apply:
       (1) Broadband service capability.--The term ``broadband 
     service capability'' means an Internet Protocol-based 
     transmission service that is offered to end users to enable 
     such end users to send and receive voice, video, data, 
     graphics, or a combination, to or from the Internet without 
     regard to any transmission media or technology.
       (2) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (3) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(e)).
       (4) NTIA.--The term ``NTIA'' means the National 
     Telecommunications and Information Administration of the 
     Department of Commerce.
       (5) Personal consumer information.--The term ``personal 
     consumer information''--
       (A) means information that allows a human being to be 
     identified individually;
       (B) includes the following information with respect to an 
     individual:
       (i) the first and last name;
       (ii) a home or physical address;
       (iii) a date or place of birth;
       (iv) an email address or a telephone number;
       (v) a Social Security account number, tax identification 
     number, birth certificate number, passport number, driver's 
     license number, or any other any government-issued 
     identification number; or
       (vi) a credit card number or bank account or card number; 
     and
       (C) does not include any record of aggregate information 
     that does not permit the identification of particular 
     individuals.
       (6) Provider.--
       (A) Public provider.--The term ``public'' when used with 
     respect to a provider of broadband service capability means a 
     provider that is an agency or instrumentality of a State, or 
     a municipality or other subdivision (or agency or 
     instrumentality of a municipality or other subdivision) of a 
     State, regardless of the facilities used.
       (B) Commercial provider.--The term ``commercial'' when used 
     with respect to a provider of broadband service capability 
     means a provider that offers broadband service capability for 
     a fee, or on an advertising-supported basis, directly to the 
     public or to such classes of users as to be effectively 
     available to the public, regardless of the facilities used.
       (7) State.--The term ``State'' means the States of the 
     United States, the District of Columbia, the Commonwealth of 
     Puerto Rico, Guam, the Virgin Islands, American Samoa, the 
     Northern Mariana Islands, and any other territory and 
     possession of the United States.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Massachusetts (Mr. Markey) and the gentleman from Michigan (Mr. Upton) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Massachusetts.
  Mr. MARKEY. Mr. Speaker, I yield myself such time as I may consume.
  I rise to suspend the rules and to pass the Broadband Census of 
America Act of 2007 because, Mr. Speaker, the overarching 
telecommunications policy goal of the United States is achieving 
ubiquitously available, competitive, high-speed, affordable broadband 
service to all Americans. Such broadband service capability is 
indispensable to various aspects of the United States economy, 
including public safety, education, entrepreneurial investment, 
innovation, job creation, health care delivery, and energy efficiency.
  The ability of the United States to promote and achieve a competitive 
high-speed broadband infrastructure will also be a key factor in 
determining our Nation's success in the fiercely competitive global 
economy.
  International competitors to the United States are achieving progress 
in broadband deployment and adoption. Many countries have broadband 
service capabilities superior to the United States in terms of choice, 
speed, and price.
  For the United States, offering broadband service capability at ever 
higher transmission speeds could spur new growth in investment in 
cutting-edge applications, services, and technologies that utilize 
higher bandwidth functionality.
  This bill represents an indispensable first step in developing an 
overarching blueprint for broadband policy in the United States. In 
brief, the Broadband Census of America Act tasked the Federal 
Communications Commission with collecting data from providers of 
broadband service capability throughout the country, and with 
developing a series of tiers for categorizing the speeds of such 
services.
  The data collected will be disclosed to the public in an annual 
report that will include: one, the actual number of residential and 
business subscribers within each five-digit ZIP code with a list of the 
broadband technologies present in each ZIP code: and, two, the actual 
number of residential and business subscribers, correlated to each 
broadband speed tier identified by the FCC on a statewide basis.
  This bill also encompasses a broadband mapping effort as well as 
community organization initiatives for unserved and underserved areas 
to increase knowledge of where, what type, and what speed of broadband 
service may be available.
  The bill requires the National Telecommunications Information Agency 
to develop a national broadband availability map which will include the 
availability of broadband service capability at the nine-digit ZIP code 
level, census track level, or functional equivalent.
  This is a very consumer-friendly mapping function and ``demand side'' 
identification initiative that consumer groups, the high-tech community 
and the telecommunications industry all support.
  This map will be interactive and searchable by consumers, and at the 
providers' discretion will also indicate the type of technology and 
speed of service offered in that area.
  The legislation also includes authorizations for grants to local 
planning entities and communities around the country. These grants are 
designed to increase broadband availability and usage in local 
communities through so-called ``demand side'' identification and other 
initiatives.
  To better gauge how the country is performing compared to 
international competitors, the bill also requires the FCC to conduct a 
comparison of the extent of broadband service capability abroad in 75 
foreign communities with equivalent American communities.
  This legislation reflects several months of negotiations. And I want 
to thank Mr. Upton from Michigan for his

[[Page 31007]]

patient attention to this legislation. No legislation in 
telecommunications has received the detailed attention that this 
legislation has on a bipartisan basis, and for that I want to thank Mr. 
Upton.
  I also want to thank the ranking member of the full committee, Mr. 
Barton, for his work on this legislation. And of course on our side, 
Mr. Dingell and I worked with the minority towards achieving this 
legislation. And with the thanks of Mr. Dingell and myself, we once 
again want to point out how cooperative all of our working 
relationships were on this legislation.
  It also has the support of consumer groups, the Communications 
Workers of America, NARUC Connect Kentucky, Qwest, and organizations 
representing the high-tech industry, the cable industry, the telephone 
industry, and the wireless industry.
  I want to again thank Mr. Upton and Mr. Barton for their cooperation 
in working through the differences on this legislation, and to thank 
Mr. Dingell for his excellent work on this legislation.
  I urge Members of the House to support this bill.
  At this point, Mr. Speaker, I reserve the balance of my time.
  Mr. UPTON. Mr. Speaker, I yield myself such time as I may consume.
  Someone watching this debate and they hear the nice words between the 
two of us, they are, for sure, very genuine. We had many hand-holding 
scenes and meetings over the last number of months.
  I am a cosponsor of H.R. 3919, and I want to thank the gentleman from 
Massachusetts for allowing our thoughtful and constructive input into 
this process because clearly I think we ended up with a good piece of 
legislation. And I commend the gentleman's patience on our side as we 
were able to work out a consensus that, in fact, has brought us to the 
floor this afternoon.
  I also want to thank Chairman Dingell and Mr. Barton for working with 
all of us to ensure that the bill was able to move forward in a 
bipartisan way. And Mr. Whitfield, who I remember at our first hearing 
on this as he talked about Connect Kentucky and the positive impact 
that it had there. He obviously added some good things as well to 
legislation. And I would urge all of my colleagues to support the 
legislation as it moves through this process.
  I view the thrust of this legislation as an effort to get a better 
idea of the U.S. broadband penetration, not as a window to increased 
regulation of the already competitive broadband marketplace.
  We were quite fortunate to learn from the successful statewide 
broadband mapping plan in Kentucky called Connect Kentucky. And it 
isn't often that we have the advantage of looking at a successful model 
such as this one, which could implement in a bipartisan way again there 
on a national level what we're able to do on this legislation in H.R. 
3919.
  Connect Kentucky demonstrated perfectly how a public/private 
partnership can work with industry in a nonregulatory manner that 
benefits not only consumers, but also provides a catalyst to greater 
broadband investments.
  I urge my colleagues to support this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MARKEY. Mr. Speaker, I yield 2 minutes to the gentleman from Ohio 
(Mr. Space), who has spent a considerable amount of time working on 
this legislation.

                              {time}  1500

  Mr. SPACE. Thank you, Mr. Chairman and Mr. Ranking Member, for your 
work on this legislation important for America and especially important 
for rural America. We who live in rural America understand that there 
are special challenges we face, whether it be in health care delivery 
or education, economic infrastructure. This bill will help bridge the 
gap that exists between rural America and urban and suburban America.
  By providing a comprehensive mapping plan, we will enable access to 
these issues that are so vital. Many of us think about broadband in 
terms of economic development and the importance that it brings to 
economic infrastructure. Certainly, that is a big part of what access 
to high-speed Internet is all about. But it is more than that. It 
affects quality of life in many ways.
  We have heard about distance learning and the affect that it has on 
the educational process. We have heard about telemedicine and the 
ability to deliver quality health care. Certainly it affects the 
ability of our first responders to coordinate efforts in the event of 
disasters or emergencies.
  This is a good bill for rural America. I commend our leadership, as 
well as the ranking member for his leadership in helping to enact its 
passage.
  Mr. UPTON. Mr. Speaker, I have no further Members wishing to be 
allocated time, and I yield back the balance of my time.
  Mr. MARKEY. Mr. Speaker, I, as well, have no additional requests for 
speaking time. I would like to thank the staff who worked on this bill, 
Tim Powderly, Amy Levine, David Vogel, Neil Fried, Courtney Reinhard, 
thank you, Michael Beckerman, and I would like to thank Maureen Flood 
from my staff for her excellent work on this legislation. And to 
correct an oversight from the last piece of legislation, I would like 
to thank Colin Crowell, who has worked on both this bill and the last 
bill which just passed as well. I can't say enough about Colin and his 
work on all of these issues to bring them to a conclusion that is truly 
bipartisan and nonideological.


                             General Leave

  I also ask unanimous consent that all Members may have 5 legislative 
days in which to revise and extend their remarks and include extraneous 
material on H.R. 3403, as amended, and H.R. 3919, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Massachusetts?
  There was no objection.
  Mr. MARKEY. So with that, I again, highly recommend this piece of 
legislation to the Members. It is something that will give us the 
broadband overview that our country needs. We have been falling over 
the last 6 years in our international rankings. It is time for us to 
find out exactly where we are because it will help us to put together 
the policies that will make us No. 1 looking over our shoulders at No. 
2 and 3 in the world.
  Mr. DINGELL. Mr. Speaker, I rise in support of H.R. 3919, the 
``Broadband Census of America Act of 2007''.
  This bipartisan legislation marks an important step in bringing us 
closer to affordable, robust broadband service for all Americans.
  Currently the Government does not adequately collect information on 
the extent of broadband deployment and usage in the United States. H.R. 
3919 addresses this knowledge gap by improving the quality and quantity 
of data that the Government is authorized to collect concerning 
broadband availability and subscribership. Armed with this information, 
Government decision-makers. will have the in-depth information 
necessary to craft informed, coherent broadband policy.
  H.R. 3919 calls for the creation of a national broadband inventory 
map. This map will depict, at granular levels, where broadband service 
is available. We are informed by the efforts of States such a Kentucky 
that have successfully developed similar maps. State-level experience 
tells us that this map will likely spur the deployment of additional 
broadband facilities and will be a valuable resource for consumers.
  H.R. 3919 will also jump start efforts by local communities to 
improve broadband deployment and usage through the creation of grant 
programs to facilitate the collection of data for the broadband 
inventory map and local technology planning. These programs will help 
bring broadband facilities to communities that currently have little or 
no service.
  This is a good bill produced through positive, bipartisan efforts. I 
commend Ranking Member Barton, Subcommittee Chairman Markey, and 
Subcommittee Ranking Member Upton for their leadership and 
contributions to this legislation. I am proud to support it, and I urge 
my colleagues to vote for it.
  Mr. GENE GREEN of Texas. Mr Speaker, as an original cosponsor of H.R. 
3919, I rise in strong support of this legislation.
  Recent data indicate that the United States has fallen behind other 
nations in the availability, speed, and value of broadband services, 
which refers to high-speed Internet access. The Organization for 
Economic Cooperation and Development reported earlier

[[Page 31008]]

this year that among the group's 30 member countries, the United States 
had fallen to 15th place in per capita broadband use by the end of 
2006, whereas in 2001 the United States had been in fourth place. The 
United States recently ranked 21st in the International 
Telecommunication Union's Digital Opportunity Index, which includes 11 
different variables of technology development, including the cost of 
connectivity relative to per capita income.
  H.R. 3919 would direct the National Telecommunications and 
Information Administration (NTIA) to produce a public, online map 
showing what types of broadband access are provided where and by which 
companies. As the Government Accountability Office (GAO) noted in May, 
2006: ``Without accurate, reliable data to aid in analysis of the 
existing deployment gaps, it will be difficult to develop policy 
responses toward gaps in broadband availability.'' Some experts have 
forecast that implementation of universal broadband service would fuel 
the American economy, adding $500 billion and creating 1.2 million new 
jobs. H.R. 3919 is an essential first step toward bringing high-speed 
Internet to every American and in ensuring that our Nation's citizens 
can realize the vibrant future that the information age offers.
  This bill requires the Federal Communications Commission (FCC) to 
complete an annual broadband census, i.e., an assessment and report on 
the deployment of broadband service capability, which would include a 
comparison with deployment in other countries. The measure also 
requires the National Technology Information Administration (NTIA) to 
develop a broadband inventory map showing the availability of service 
and types of service available, and it permits the NTIA to make grants 
to assist in the development of such a map. It also requires periodic 
FCC consumer surveys regarding broadband service.
  It has been said before that ``sound data makes sound policy,'' and 
this legislation will provide the information that is necessary to 
assist Congress and the FCC in creating a sound, national broadband 
strategy to bring us in line with other countries' broadband 
deployment.
  Mr. Speaker, I again what to express my strong support for this 
legislation and I urge my colleagues to join me in supporting H.R. 
3919.
  Mr. MARKEY. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Massachusetts (Mr. Markey) that the House suspend the 
rules and pass the bill, H.R. 3919, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________