[House Report 110-443]
[From the U.S. Government Publishing Office]





110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-443

======================================================================



 
                BROADBAND CENSUS OF AMERICA ACT OF 2007

                                _______
                                

 November 13, 2007.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Dingell, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3919]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 3919) to provide for a comprehensive nationwide 
inventory of existing broadband service, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
Amendment........................................................     2
Purpose and Summary..............................................     7
Background and Need for Legislation..............................     7
Hearings.........................................................     9
Subcommittee Consideration.......................................     9
Committee Consideration..........................................    10
Committee Votes..................................................    10
Committee Oversight Findings.....................................    10
Statement of General Performance Goals and Objectives............    10
New Budget Authority, Entitlement Authority, and Tax Expenditures    10
Earmarks and Tax and Tariff Benefits.............................    10
Committee Cost Estimate..........................................    10
Congressional Budget Office Estimate.............................    10
Federal Mandates Statement.......................................    12
Advisory Committee Statement.....................................    13
Constitutional Authority Statement...............................    13
Applicability to Legislative Branch..............................    13
Section-by-Section Analysis of the Legislation...................    13
Changes in Existing Law Made by the Bill, as Reported............    21

                               AMENDMENT

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.
          (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--
          (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.

                          PURPOSE AND SUMMARY

    The purpose of H.R. 3919, the Broadband Census of America 
Act of 2007, is to improve the quality and quantity of data 
that the government collects concerning broadband deployment 
and adoption, develop a national map displaying broadband 
availability, and facilitate State and local efforts to promote 
broadband deployment and adoption.

                  BACKGROUND AND NEED FOR LEGISLATION

    An overarching telecommunications policy goal for the 
United States is achieving ubiquitously available, affordable, 
high-speed broadband service capability for all Americans. This 
is a goal supported not only on a bipartisan basis in Congress, 
but also by the President and numerous stakeholders in the 
telecommunications marketplace.
    Affordable, high-speed broadband service capability is 
indispensable to various aspects of the United States economy, 
including public safety, education, entrepreneurial investment, 
innovation, job creation, healthcare delivery, and energy 
efficiency. The ability of the United States to promote 
deployment of high-speed broadband infrastructure will also be 
a key factor in determining our Nation's success in the 
fiercely competitive global economy. In particular, the 
availability of broadband service capability at ever-higher 
transmission speeds could spur new growth and investment in 
cutting-edge applications, services, and technologies that 
utilize higher bandwidth functionality.
    Better data about broadband deployment and availability 
will help the Nation evaluate its progress toward its broadband 
policy goals, as well as compare its level of broadband 
deployment with that of other countries. The Government 
Accountability Office (GAO), in a May 2006 report, assessed the 
available data about broadband deployment and concluded that 
while such deployment is present in some form across the 
Nation, it remains difficult to decipher which geographic areas 
are unserved or underserved. It is also difficult to determine 
the type of service, the speed, and the price of broadband 
service capability available in discrete urban, suburban, and 
rural areas of the country. More and better data about the 
nature and extent of broadband deployment and adoption are 
clearly needed.
    The fact that information concerning availability, speed, 
price, and type of broadband service capability is not readily 
available adversely affects the ability of policymakers to make 
sound decisions. For instance, the Federal Government could 
achieve significantly better performance from its multibillion-
dollar grant and subsidy programs, and effectively reform them, 
if it had better and more comprehensive data. Discerning which 
parts of the country are served by broadband service capability 
and which parts are unserved has proven elusive to 
policymakers. Indeed, neither the Federal Communication 
Commission (Commission) nor the National Telecommunications and 
Information Administration (NTIA) has published comprehensive 
or sufficiently detailed data with respect to the deployment of 
broadband service and the adoption rate within selected 
geographic areas.
    The reports that the Commission has issued as part of the 
proceeding required under Section 706 of the Telecommunications 
Act of 1996 (47 U.S.C. 157 nt) have focused on ``advanced 
telecommunications capability.'' H.R. 3919 is intended to 
complement that effort. The legislation will provide useful 
data regarding actual subscribership to broadband service 
capability within 5-digit postal zip codes, along with the 
types of service being offered in such areas. In addition, the 
legislation will require actual subscribership numbers 
correlated to speed tiers designated by the Commission, on a 
statewide basis. The Commission is assigned the task of 
developing categories to divide all broadband service 
capability into speed tiers. By categorizing all broadband data 
transmission speeds currently deployed, policymakers will have 
more comprehensive data readily available to gauge the Nation's 
progress over time and inform public policy decisions.
    Another mechanism that has proven valuable to consumers and 
communities in spurring deployment and adoption of broadband 
service capability is visually depicting such availability on a 
searchable, interactive map. In Kentucky, for instance, an 
initiative to make publicly available a map of the availability 
of broadband service capability at individual locations 
throughout the State promoted interest in communities to 
maximize service deployment and spur greater adoption. The 
ability of communities to clearly identify the available 
providers in an area, or nearby areas, permits consumers, 
workers, business leaders, civic leaders, and others to 
organize around efforts to aggregate demand and induce greater 
deployment and adoption of broadband service. In addition, 
mapping permits policymakers to target government resources 
more efficiently.
    The implementation of the broadband mapping initiative in 
Kentucky is credited by many with the State's increase in 
broadband adoption over the last couple of years. A similar 
endeavor at the Federal level, designed to work in conjunction 
with other State efforts, to develop a national map and a 
national grant program for community broadband planning 
purposes will help promote broadband availability and adoption, 
reflecting its national importance.
    To gain a better perspective from consumers across the 
Nation about the nature of and ways they use their broadband 
service capability, the bill requires the Commission to conduct 
periodic surveys of consumers. These surveys will include 
requests for information on the applications consumers use, the 
types of broadband service capability they use or subscribe to, 
the reasons why they may not subscribe to broadband service 
capability, and the actual data transmission speed of their 
broadband service capability.
    To facilitate development of a national, searchable map, 
where a consumer could type in a street address and determine 
which providers are offering service in that area, the bill 
also authorizes appropriations for grant programs. The grants 
will be available to eligible entities in the States to help 
develop the national map. The bill also authorizes grants to 
assist local planning entities in communities across the 
country in local endeavors to bolster the local deployment and 
adoption of broadband service capability.
    Given the fact that H.R. 3919 may result in the collection 
of information of a personal nature about individual consumers, 
the bill also contains a privacy provision to safeguard such 
information.

                                HEARINGS

    The Subcommittee on Telecommunications and the Internet 
held a hearing on a discussion draft of legislation regarding 
broadband mapping and data collection on Thursday, May 17, 
2007. The Subcommittee received testimony from the following 
witnesses: Mr. Larry Cohen, President, Communications Workers 
of America; Mr. Walter B. McCormick, President, United States 
Telecom Association; Mr. Steve Largent, President and Chief 
Executive Officer, CTIA--The Wireless Association; Mr. Kyle E. 
McSlarrow, President and Chief Executive Officer, National 
Cable and Telecommunications Association; Mr. Ben Scott, Policy 
Director, Free Press; Mr. Brian Mefford, President and Chief 
Executive Officer, Connect Kentucky; and George S. Ford, Ph.D., 
Chief Economist, Phoenix Center for Advanced Legal and Economic 
Public Policy Studies.

                       SUBCOMMITTEE CONSIDERATION

    On Wednesday, October 10, 2007, prior to the introduction 
of H.R. 3919, the Subcommittee on Telecommunications and the 
Internet considered the text of the bill as a committee print, 
entitled the Broadband Census of America Act of 2007. The 
Subcommittee met in open markup session and favorably forwarded 
the approved text of the committee print to the full Committee 
by a voice vote, without amendment.

                        COMMITTEE CONSIDERATION

    A clean bill, H.R. 3919, was introduced on October 22, 
2007, with the text of the committee print as approved by the 
Subcommittee, and was subsequently referred to the Committee. 
On Tuesday, October 30, 2007, the full Committee met in open 
markup session and ordered H.R. 3919 favorably reported to the 
House, amended, by a voice vote, a quorum being present.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. 
There were no record votes taken on amendments or in connection 
with ordering H.R. 3919 reported. A motion by Mr. Dingell to 
order H.R. 3919 favorably reported to the House, amended, was 
agreed to by a voice vote.

                      COMMITTEE OVERSIGHT FINDINGS

    Regarding clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Subcommittee on 
Telecommunications and the Internet held a legislative hearing 
on a draft version of H.R. 3919, and the oversight findings of 
the Committee are reflected in this report.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    The purpose of H.R. 3919 is to improve the quality and 
quantity of data that the Government collects concerning 
broadband deployment and adoption, develop a national map 
displaying broadband availability, and facilitate State and 
local efforts to promote broadband deployment and adoption.

   NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    Regarding compliance with clause 3(c)(2) of rule XIII of 
the Rules of the House of Representatives, the Committee finds 
that H.R. 3919 would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                  EARMARKS AND TAX AND TARIFF BENEFITS

    Regarding compliance with clause 9 of rule XXI of the Rules 
of the House of Representatives, H.R. 3919 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI.

                        COMMITTEE COST ESTIMATE

    The Committee adopts as its own the cost estimate on H.R. 
3919 prepared by the Director of the Congressional Budget 
Office pursuant to section 402 of the Congressional Budget Act 
of 1974.

                  CONGRESSIONAL BUDGET OFFICE ESTIMATE

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate on 
H.R. 3919 provided by the Congressional Budget Office pursuant 
to section 402 of the Congressional Budget Act of 1974:

                                                  November 9, 2007.
Hon. John D. Dingell,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3919, the 
Broadband Census of America Act of 2007.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susan Willie.
            Sincerely,
                                                   Peter R. Orszag.
    Enclosure.

H.R. 3919--Broadband Census of America Act of 2007

    Summary: H.R. 3919 would require the Federal Communications 
Commission (FCC) and National Telecommunications and 
Information Administration (NTIA) to collect and make available 
information about the availability and use of high-speed 
Internet service, also known as broadband service, throughout 
the country. The bill also would authorize appropriations for 
NTIA to award grants to various entities to support its data 
collection efforts.
    CBO estimates that implementing the provisions of H.R. 3919 
would cost $54 million in 2008 and $338 million over the 2008-
2012 period, assuming appropriation of the necessary and 
authorized amounts. The bill would have no significant effect 
on direct spending or revenues.
    H.R. 3919 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3919 is shown in the following table. 
The costs of this legislation fall within budget function 370 
(commerce and housing credit).

------------------------------------------------------------------------
                                      By fiscal year, in millions of
                                                 dollars--
                                 ---------------------------------------
                                   2008    2009    2010    2011    2012
------------------------------------------------------------------------
              CHANGES IN SPENDING SUBJECT TO APPROPRIATION

FCC Reports:
    Estimated Budget Authority..       3       2       2       2       2
    Estimated Outlays...........       2       2       2       2       2
NTIA Map of Broadband Service:
    Authorization Level.........      20      20      20       0       0
    Estimated Outlays...........      15      19      19       7       0
NTIA Planning Grants:
    Authorization Level.........      50     100     125       0       0
    Estimated Outlays...........      37      85     115      28       3
Spending Under H.R. 3919:
    Estimated Authorization           73     122     147       2       2
     Level......................
    Estimated Outlays...........      54     106     136      37       5
------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that the 
bill will be enacted by the end of calendar year 2007, that the 
necessary and authorized amounts will be appropriated each 
year, and that spending will follow historical patterns for 
similar programs. Based on information from FCC and NTIA, CBO 
estimates that implementing the provisions of H.R. 3919 would 
cost $54 million in 2008 and $338 million over the 2008-2012 
period, subject to appropriation of the necessary and 
authorized amounts.

FCC reports

    Section 2 of the bill would require FCC to publish an 
annual report on the use of broadband services throughout the 
United States. The bill would require FCC to include the types 
of technology used, the number of users, and the speed of data 
transmission. Additionally, the report would include 
information about broadband services available in other 
countries.
    Section 6 would require FCC to survey both residential and 
commercial users of broadband services to determine, among 
other things, the types of technology used to receive the 
service and the cost.
    Based on information from FCC, CBO estimates that 
implementing sections 2 and 6 would cost about $2 million in 
2008 and $10 million over the 2008-2012 period, assuming 
appropriation of the necessary amounts.

NTIA map of broadband service

    Section 3 of the bill would require NTIA to create a map 
showing the availability of broadband service in all of the 
states and to make the map available on the Internet.
    Section 4 would authorize NTIA to award grants to states, 
or agencies they designate, to develop the information needed 
by NTIA to create the map of broadband service. The bill would 
authorize the appropriation of $20 million in each of fiscal 
years 2008 through 2010 to develop the map and provide grants. 
CBO estimates that implementing those provisions would cost $15 
million in 2008 and $60 million over the 2008-2012 period, 
subject to appropriation of the authorized amounts.

NTIA planning grants

    Section 5 would authorize NTIA to award grants to certain 
local agencies to develop a plan to increase the availability 
and use of broadband service within specific geographic areas. 
The bill would authorize the appropriation of $275 million over 
the 2008-2012 period to carry out the grant program. CBO 
estimates that implementing this provision would cost $37 
million in 2008 and $268 million over the 2008-2012 period, 
subject to appropriation of the authorized amounts.
    Intergovernmental and private-sector impact: H.R. 3919 
contains no intergovernmental or private-sector mandates as 
defined in UMRA; state, local, and tribal governments would 
benefit from grants authorized in the bill.
    Estimate prepared by: Federal Costs: Susan Willie; Impact 
on State, Local, and Tribal Governments: Elizabeth Cove; Impact 
on the Private Sector: Jacob Kuipers.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates regarding H.R. 3919 prepared by the Director of the 
Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 3, which grants Congress the power 
to regulate commerce with foreign nations, among the several 
States, and with the Indian tribes, and in the provisions of 
Article I, section 8, clause 1, that relate to expending funds 
to provide for the general welfare of the United States.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act of 1995.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title

    Section 1 establishes the short title of the Act as the 
``Broadband Census of America Act of 2007''.

Section 2. Census of broadband service deployment

    Section 2(a)(1) requires the Commission annually to collect 
data and publish a report on the deployment of, and 
subscription to, broadband service capability across the 
Nation.
    Section 2(a)(2) requires the Commission to designate 
bandwidth service tiers for use in the report. The service 
tiers should provide useful information about the nature and 
extent of broadband service capability. The tiers should 
encompass all data speeds and both upstream and downstream 
attributes of service. To the extent possible, the tiers should 
be designated in a way that roughly corresponds to the ability 
to support qualitatively different types of applications and 
services. For instance, one tier may encompass broadband 
capabilities and speeds necessary to simply surf the Internet 
or use basic E-mail services, others may encompass broadband 
capabilities and speeds necessary to upload pictures or short 
videos, while still other increasingly more robust tiers might 
encompass broadband capabilities and speeds necessary to 
download full-length movies in longer or shorter time-frames, 
or support video conferencing.
    Section 2(a)(3) directs the Commission to collect, or 
provide for the collection of, information from each commercial 
and public provider of broadband service capability under the 
Commission's jurisdiction. Thus, under this provision, the 
Commission, in fulfillment of its obligation to provide for the 
collection of information, may permit providers of broadband 
service capability to give their data to a third party that 
would then aggregate the data with data from other providers of 
broadband service capability before providing it to the 
Commission, so long as this mechanism gives the Commission the 
information required.
    Section 2(a)(3)(A) requires the Commission to collect, for 
each 5-digit postal zip code, information concerning the types 
of technology used to provide service in that zip code, the 
bandwidth speed tiers of service designated under section 
2(a)(2) available in that zip code, the actual number of 
residential subscribers to broadband service capability in that 
zip code, and the actual number of business subscribers to 
broadband service capability in that zip code. Section 
2(a)(3)(B) requires the Commission to collect for each State 
the actual number of residential subscribers and the actual 
number of business subscribers for each bandwidth speed tier. 
The Committee recognizes that some providers that offer 
broadband service capability do not separately market such 
service to business and residential customers. In such 
circumstances, determining whether a particular subscriber is a 
``residential'' or ``business'' subscriber may be difficult. 
The Committee does not intend to require providers to 
restructure the way they market or offer service to comply with 
the reporting requirements in this section or others. In 
addition, many large, enterprise business customers use 
broadband service capability in ways that make it difficult to 
accurately quantify end user connections, and the Committee 
does not intend that the Commission, pursuant to this section 
or others, collect or report information on such large 
enterprise contracts.
    Section 2(a)(4) governs the contents of the report the 
Commission will issue pursuant to section 2(a)(1).
    Section 2(a)(4)(A) requires the Commission to set forth, 
for each 5-digit postal zip code, a list of the types of 
technologies used to provide broadband service capability in 
such area, as well as the actual number of residential 
subscribers in such area and the actual number of business 
subscribers in such area, aggregating for each the actual 
numbers from all providers of broadband service capability.
    Section 2(a)(4)(B) requires the Commission to publish for 
each State the aggregate number of residential subscribers and 
the aggregate number of business subscribers, correlating such 
actual subscriber numbers to their respective speed tiers as 
designated under section 2(a)(2).
    Section 2(b) instructs the Commission to periodically 
review the bandwidth speed tiers to take into account changes 
in technology and marketplace conditions.
    Section 2(c) requires the Commission to conduct, as part of 
the report required under section 2(a), an analysis comparing 
broadband service capability in the United States with 
broadband service capability abroad. The Commission is 
instructed, to the extent possible, to make an ``apples to 
apples'' comparison of technologies and communities and should 
consider differences in regulatory regimes, market structure, 
geography, and other factors, even if doing so requires 
comparisons of different geo-political units of each country. 
For example, the Commission need not compare cities to cities 
if comparing certain U.S. cities or States to entire foreign 
countries makes a more suitable comparison in light of 
similarities in population size, population density, 
topography, or other factors.
    Section 2(d) provides that, except for the information 
provided to the public by the Commission in its annual report 
pursuant to subsection (a)(4), nothing in section 2 reduces or 
removes any obligation the Commission has to protect 
proprietary information, nor should this section be construed 
to compel the Commission to make publicly available any 
proprietary information. This applies both to the sharing of 
information publicly and to sharing with other government 
entities, if such other government entities might make the 
information publicly available. The Committee does not intend 
for section 2 to alter the Commission's pattern or practice 
with respect to the treatment of proprietary information or the 
treatment of such information under existing law and applicable 
precedent. The Commission is also directed not to disclose any 
data collected pursuant to section 2 that would reveal 
competitively sensitive information about an individual 
provider of broadband service capability, even in the context 
of the specific information that the Commission is directed to 
otherwise disclose under section 2(a)(4).
    Section 2(e) requires the Commission to adopt regulations 
to implement this section within 180 days after the date of 
enactment of H.R. 3919.
    Section 2(f) states that the Commission shall enforce 
section 2 as if section 2 were part of the Communications Act 
of 1934.

Section 3. Broadband inventory map

    Section 3(a) requires the NTIA to develop and maintain an 
interactive, searchable broadband inventory map of the United 
States. The map will depict the extent to which broadband 
service capability is deployed and available across the 
country. The Committee recognizes the challenges the NTIA will 
face in gathering the data needed to develop the national 
broadband inventory map described in section 3, that the map 
will only be as good as the data available to the NTIA, and 
that the level of detail and the reliability of the information 
the NTIA receives may vary by source. The Committee also 
recognizes that creation of the map will be an iterative 
process and expects that the NTIA will do its best to eliminate 
gaps in information and to improve the reliability and level of 
detail over time.
    Section 3(b)(1) states that the map must be capable of 
depicting, at the 9-digit postal zip code level, census tract 
level, or functional equivalent, each commercial and public 
provider of broadband service capability deployed at the time 
within such area. The map must also be capable of depicting, 
subject to section 3(f)(5), each type of technology used to 
provide broadband service capability and the bandwidth speed 
tiers that are available within such geographic area. Section 
3(b)(2) states that the map must also depict where broadband 
service capability is currently not available. The NTIA may 
choose among the 9-digit zip code level, census tract level, or 
functional equivalent for different portions of the map, or 
even for different services, technologies, or providers, as 
necessary to create as accurate and robust a map as reasonably 
possible, taking into account limitations on the availability 
and reliability of data over time.
    Section 3(c) encourages the NTIA to use other data and 
information available at the U.S. Department of Commerce in 
connection with the map. Section 3(c) also directs the NTIA to 
make the map and the information on which the map is based 
available to other sources in the Department of Commerce for 
purposes of demographic analysis, consistent with section 3(g) 
and section 7. Nothing in this section is intended to affect 
what compensation, if any, is to be paid by government entities 
in exchange for the use or sharing of this data.
    Section 3(d) requires the NTIA to ensure that the broadband 
inventory map is accessible by the public on a public Internet 
site no later than 2 years after the date of enactment of this 
Act. In addition, the Committee intends that the national map 
be searchable. Ideally, a consumer would be able to type in an 
individual street address and discover which providers of 
broadband service capability offer service at such address and, 
consistent with section 3(f)(5), the type of service, and the 
broadband speed such providers offer.
    Section 3(e) requires the NTIA to update the map 
periodically to ensure that the map remains accurate and 
timely.
    Section 3(f) governs the manner in which the NTIA will 
collect information to construct the broadband inventory map.
    Section 3(f)(1) directs the NTIA to request and obtain the 
information necessary to construct the broadband inventory map 
from the eligible entities set forth in section 4, the 
Commission, and commercial and public providers of broadband 
service capability.
    Section 3(f)(2) requires the NTIA to request and obtain the 
mapping information from eligible entitles first, and then the 
Commission, before requesting data from providers of broadband 
service capability. The information that the NTIA would collect 
from the Commission is that information the Commission may have 
that is necessary for creation of the map and might be data 
other than what the Commission collects under section 2, as the 
Commission will be collecting that data on a 5-digit zip code 
and statewide level and potentially in a different format. 
Moreover, the Commission is collecting subscribership data 
under section 2, whereas the NTIA is mapping the availability 
of broadband service capability, not subscribership, under this 
section. Section 3(f)(2) also instructs the NTIA to request and 
obtain information from providers of broadband service 
capability only if the information cannot be obtained in a 
timely fashion from the eligible entities or the Commission. 
Section 3(f)(2) is not, however, intended to preclude providers 
from submitting data directly to the NTIA if that is their 
preference. For example, some carriers may wish to provide the 
NTIA with their own coverage maps for the NTIA to assimilate 
into the broadband inventory map.
    Section 3(f)(3) provides that broadband service capability 
providers or the eligible entities that collect data for use in 
the map must provide the data to the NTIA in a format that the 
NTIA is able to incorporate into the map. The Committee does 
not intend to preclude State efforts to produce broadband 
inventory maps or provide to the NTIA information that is more 
granular and detailed than the information required under this 
section.
    Section 3(f)(4) directs the NTIA to endeavor to obtain 
information concerning broadband service capability provided to 
the public for free, such as at publicly available wi-fi 
hotspots. The Committee intends that the NTIA seek out reliable 
public information to capture broadband availability that may 
not be reflected in the data that providers of broadband 
service capability submit to the NTIA, the Commission, or an 
eligible entity.
    Section 3(f)(5) provides that a provider of broadband 
service capability may request that the map constructed 
pursuant to this section not display the type of technology or 
bandwidth service tiers that the broadband service capability 
provider offers in a particular area or areas. The Committee 
intends to give broadband service capability providers the 
option of requesting that the NTIA not display certain 
information if doing so would reveal competitively sensitive 
information of that broadband service capability provider in 
specified areas.
    Section 3(g) includes language intended to protect from 
disclosure any proprietary or competitively sensitive data that 
broadband service capability providers submit to the NTIA. This 
section affirms that nothing in H.R. 3919 reduces or removes 
any obligation the NTIA has to protect proprietary information, 
nor does H.R. 3919 compel the NTIA to make proprietary 
information public. Even information the NTIA may share with 
other government entities pursuant to subsection (c) must be 
shared in a way that protects proprietary or competitively 
sensitive data. Furthermore, the NTIA is directed not to make 
public any information that would reveal competitively 
sensitive information of any broadband service capability 
provider.

Section 4. Grants to States for broadband map development

    Section 4(a) gives the NTIA the ability to make grants to 
eligible entities, as defined in section 4(g), to assist in 
providing the NTIA with the information it needs to construct 
the broadband inventory map required under section 3.
    Section 4(b) provides that an eligible entity from any 
State must submit an application to the NTIA in such form as 
the NTIA requires.
    Section 4(c) provides that an eligible entity that receives 
grant funds may only use those funds for the costs involved in 
developing and obtaining the information required for the 
broadband inventory map.
    Section 4(d) imposes certain conditions on the recipients 
of grant funds.
    Section 4(d)(1) requires a recipient of grant funds to 
agree to provide to the NTIA the information developed or 
obtained using the grant funds only to the extent necessary to 
create the broadband inventory map.
    Section 4(d)(2) provides that an eligible entity may only 
receive grant funds if the eligible entity agrees to provide, 
from non-Federal funds, at least 20 percent of the costs of 
carrying out the activities required to develop or obtain 
information for use in the broadband inventory map.
    Section 4(e) provides that the NTIA shall select eligible 
entities to receive grants under this section based upon 
criteria that shall include the conditions set forth in this 
section.
    Section 4(e)(1) states that the NTIA must consider whether 
an entity requesting a grant is organized on a statewide basis 
and is prepared to gather information for NTIA's use on a 
timely basis.
    Section 4(e)(2) states that the NTIA must consider a grant 
applicant's need for financial support, taking into account 
other sources of funding available to the applicant.
    Section 4(e)(3)(A) requires the NTIA to consider whether 
denial of an application would result in the inability of an 
eligible entity to develop information on a comprehensive or 
timely basis. Section 4(e)(3)(B) requires the NTIA to consider 
whether denial of an application would result in a gap in the 
information for a State or would otherwise thwart the 
objectives of H.R. 3919.
    Section 4(f) requires the NTIA to issue rules and 
regulations necessary to carry out the functions assigned under 
this section.
    Section 4(g) provides the definition of an eligible entity 
for any State.
    Section 4(g)(1)(A) states that an eligible entity may be an 
agency or instrumentality of a State, a municipality, or other 
subdivision of that State, or an agency or instrumentality of a 
municipality or other subdivision of that State.
    Section 4(g)(1)(B) states that an eligible entity may 
alternatively be a nonprofit organization as described in 
section 501(c)(3) of the Internal Revenue Code of 1986 and that 
is exempt from taxation under section 501(a) of that Code.
    Section 4(g)(2) states that an eligible entity must be the 
only such entity designated by a State to receive a grant under 
this section.

Section 5. Grants for demand-side broadband service identification and 
        assessments

    Section 5(a) requires the NTIA to establish a grant program 
for eligible planning entities to facilitate local technology 
planning.
    Section 5(b) provides that each eligible planning entity in 
any State that seeks grant funds must submit an application to 
the NTIA, in such form as the NTIA may require, that includes, 
at a minimum, certain information.
    Section 5(b)(1) provides that an application must 
demonstrate that the applicant is an eligible planning entity.
    Section 5(b)(2) provides that to receive a grant, the 
eligible planning entity be either the sole entity designated 
by that State for an exclusive geographic region within that 
State, or that the eligible planning entity be the only such 
entity designated by the governing body of an Indian tribe to 
receive a grant under this section.
    Section 5(c) sets forth the permissible uses of funds 
awarded under this section.
    Section 5(c)(1) provides that funds may be used to assess 
the current use of broadband service capability across the 
community.
    Section 5(c)(2) provides that funds may be used to set 
goals to improve or maximize the use of broadband service 
capability.
    Section 5(c)(3) provides that funds may be used to develop 
a plan for achieving the eligible planning entity's goals.
    Section 5(c)(4) provides that funds may be used to 
collaborate with providers of broadband service capability and 
other high tech companies to encourage the deployment and use 
of broadband service capability in unserved and underserved 
areas.
    Section 5(c)(5) provides that funds may be used to identify 
and aggregate demand for broadband service capability.
    Section 5(c)(6) provides that funds may be used to 
establish programs, but not acquire equipment or facilities, to 
improve computer ownership and Internet access for unserved and 
underserved populations.
    Section 5(c)(7) provides that funds may be used to 
facilitate the exchange of information between the public and 
private sectors regarding the use and demand for broadband 
service capability.
    Section 5(d) provides that funds may not be used for the 
provision of broadband service capability or the acquisition of 
equipment or facilities for such capability, except that an 
eligible planning entity may use such funds to acquire 
broadband service capability or equipment or facilities for use 
by such entity in the conduct of its own planning activities.
    Section 5(e) requires the NTIA to issue such regulations as 
may be necessary to carry out this section.
    Section 5(f) defines the meaning of the term ``eligible 
planning entity'' for any State.
    Section 5(f)(1) defines such an entity as an agency or 
instrumentality of a State, a municipality, or other 
subdivision of that State, or an agency or instrumentality of a 
municipality or other subdivision of that State, or an Indian 
tribe.
    Section 5(f)(2) defines such an entity alternatively as 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 that Act.

Section 6. Consumer survey of broadband service capability

    Section 6(a) directs the Commission to conduct and make 
public, on a periodic basis, a statistically significant survey 
of consumers in urban, suburban, and rural areas in the large 
business, small business, and residential consumer markets to 
evaluate the national characteristics of the use of broadband 
service capability.
    Section 6(a)(1) directs the Commission to determine the 
type of technology used to provide the broadband service 
capability to which the consumer subscribes.
    Section 6(a)(2) directs the Commission to determine the 
amounts consumers pay for broadband service capability. In 
doing so, the Commission should determine, to the extent 
feasible, the actual cost to the customer of the broadband 
service capability, taking into account common marketing and 
packaging practices, such as promotions and the bundling of 
services.
    Section 6(a)(3) directs the Commission to determine the 
actual data transmission speeds consumers receive from their 
broadband service capability. Several web sites today purport 
to allow consumers to assess the actual transmission speed of 
their broadband service capability. The Committee intends that 
the Commission's evaluation of the actual transmission speeds 
that consumers receive take into account factors that may 
affect the speed of broadband service capability, such as 
network congestion, and consider the differences in actual 
speed that a consumer may receive at varying times throughout a 
typical day. The Committee also recognizes that to make the 
data it reports as reliable, useful, and meaningful as 
possible, the Commission may need to collect data over periods 
of time that include both peak and low demand and may need to 
take steps such as averaging the consumer speed responses it 
receives or providing ranges of results.
    Section 6(a)(4) directs the Commission to determine the 
types of applications and services consumers most frequently 
use in conjunction with their broadband service capability.
    Section 6(a)(5) directs the Commission to determine, if a 
consumer does not subscribe to broadband service capability, 
the reasons the consumer has elected not to subscribe.
    Section 6(a)(6) directs the Commission to determine any 
other sources of broadband service capability that consumers 
regularly use or on which they rely. The Committee notes that 
such sources could include broadband service capability 
provided at a consumer's workplace or broadband service 
capability offered for free, such as at wi-fi hotspots.
    Section 6(a)(7) directs the Commission to seek out any 
other information which the Commission deems appropriate for 
the survey.
    Section 6(b) directs the Commission to make public the 
results of the survey required under this section at least once 
a year.

Section 7. Confidentiality of consumer information

    Section 7(a) requires the Commission to promulgate certain 
regulations within 180 days after the date of enactment of H.R. 
3919.
    Section 7(a)(1) requires that such regulations protect the 
confidentiality of personal consumer information collected for 
the purposes of H.R. 3919.
    Section 7(a)(2) provides that such regulations must require 
the Commission, the NTIA, and any other entity that collects or 
controls such information for the purposes of H.R. 3919 to 
protect the confidentiality of such information.
    Section 7(a)(3) provides that such regulations must allow 
the disclosure of personal consumer information only to the 
extent consistent with the purposes and provisions of H.R. 
3919, or with the prior express authorization of the consumer 
to whom it pertains.
    Section 7(b) provides that the regulations promulgated 
under section 7(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 of the individual State 
maps of which it may be comprised.

Section 8. State or local authority

    Section 8 states that 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 from 
providers of broadband service capability.

Section 9. Sunset provisions

    Section 9(a) provides that section 2 and section 6 shall 
cease to be effective 6 years after the date of the enactment 
of H.R. 3919.
    Section 9(b) provides that section 3 shall cease to be 
effective 7 years after the date of enactment of H.R. 3919.

Section 10. Authorization of appropriations

    Section 10 authorizes appropriations to carry out H.R. 
3919.

Section 11. Definitions

    Section 11 sets forth definitions that shall apply only for 
the purposes of H.R. 3919. The definition of ``broadband 
service capability'' is intended to capture mass-market 
broadband services provided to end users to enable such end 
users to send and receive information to or from the Internet. 
This definition is intended to capture such services without 
regard to the technology used to provide service, including 
wireline, wireless, cable, satellite, and others. This 
definition is not intended to include distinct applications and 
services that use broadband service capability to provide a 
product or service offering to end users, such as voice over 
Internet protocol or video over Internet protocol services. 
This definition is also not intended to include carrier-to-
carrier broadband service capability, such as Internet backbone 
services.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    Regarding clause 3(e) of rule XIII of the Rules of the 
House of Representatives, H.R. 3919 does not amend any existing 
law.

                                  
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