[Senate Report 115-345]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 626
115th Congress          }                    {                Report
                                 SENATE
 2d Session             }                    {                115-345
_______________________________________________________________________

                                     

      RURAL REASONABLE AND COMPARABLE WIRELESS ACCESS ACT OF 2018

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 2418
                                
                                
                                
                                
                                
                                
                                

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]









                October 9, 2018.--Ordered to be printed
                                   ______

                         U.S. GOVERNMENT PUBLISHING OFFICE 

89-010                         WASHINGTON : 2018





                
                
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred fifteenth congress
                             second session

                   JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi         BILL NELSON, Florida
ROY BLUNT, Missouri                  MARIA CANTWELL, Washington
TED CRUZ, Texas                      AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska                RICHARD BLUMENTHAL, Connecticut
JERRY MORAN, Kansas                  BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska                 EDWARD J. MARKEY, Massachusetts
DEAN HELLER, Nevada                  TOM UDALL, New Mexico
JAMES M. INHOFE, Oklahoma            GARY C. PETERS, Michigan
MIKE LEE, Utah                       TAMMY BALDWIN, Wisconsin
RON JOHNSON, Wisconsin               TAMMY DUCKWORTH, Illinois
SHELLEY MOORE CAPITO, West Virginia  MARGARET WOOD HASSAN, New Hampshire

CORY GARDNER, Colorado               CATHERINE CORTEZ MASTO, Nevada
TODD C. YOUNG, Indiana               JON TESTER, Montana
                       Nick Rossi, Staff Director
                 Adrian Arnakis, Deputy Staff Director
                    Jason Van Beek, General Counsel
                 Kim Lipsky, Democratic Staff Director
           Christopher Day, Democratic Deputy Staff Director
           
           
           
           
           
           



                                                       Calendar No. 626
115th Congress          }                    {                Report
                                 SENATE
 2d Session             }                    {                115-345

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



 
      RURAL REASONABLE AND COMPARABLE WIRELESS ACCESS ACT OF 2018

                                _______
                                

                October 9, 2018.--Ordered to be printed

                                _______
                                

Mr. Thune, from the Committee on Commerce, Science, and Transportation, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2418]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 2418) to direct the Federal 
Communications Commission to promulgate regulations that 
establish a national standard for determining whether mobile 
and broadband services available in rural areas are reasonably 
comparable to those services provided in urban areas, having 
considered the same, reports favorably thereon with an 
amendment (in the nature of a substitute) and recommends that 
the bill (as amended) do pass.

                          Purpose of the Bill

    S. 2418 would require the Federal Communications Commission 
(``FCC'' or ``Commission'') to commence a rulemaking to 
establish a national standard for determining whether mobile 
broadband service available in rural areas is reasonably 
comparable to mobile broadband service provided in urban areas.

                          Background and Needs

    It is a foundational principle of United States 
telecommunications law and policy that a ``rapid, efficient, 
nation-wide, and world-wide wire and radio communication 
service with adequate facilities at reasonable charges'' be 
available to ``all the people of the United States, without 
discrimination on the basis of race, color, religion, national 
origin, or sex,'' and the FCC was created to promote such 
service.\1\ Indeed, Congress requires that the FCC base 
policies for the advancement of universal service, among other 
things, on the principles that ``quality services should be 
available at just, reasonable, and affordable rates''\2\ and 
that ``low-income consumers and those in rural, insular, and 
high cost areas, should have access to telecommunications and 
information services . . . that are reasonably comparable to 
those services provided in urban areas and that are available 
at rates that are reasonably comparable to rates charged for 
similar services in urban areas.''\3\ What constitutes 
reasonable comparability for such services, however, is not 
clearly defined by the FCC.
---------------------------------------------------------------------------
    \1\47 U.S.C. 151.
    \2\47 U.S.C. 254(b)(1).
    \3\47 U.S.C. 254(b)(3).
---------------------------------------------------------------------------

                          Legislative History

    S. 2418 was introduced on February 13, 2018, by Senator 
Hassan (for herself and Senator Capito) and was referred to the 
Committee on Commerce, Science, and Transportation of the 
Senate. Senators Klobuchar, Cortez Masto, and King are also 
cosponsors of the bill. On May 22, 2018, the Committee met in 
open Executive Session and by voice vote ordered S. 2418 to be 
reported favorably with an amendment (in the nature of a 
substitute).
    On June 15, 2017, similar legislation to S. 2418, H.R. 
2903, was introduced in the House of Representatives by 
Representative McKinley (for himself and Representative Welch). 
Representatives O'Halleran, Pocan, Soto, Meadows, Gibbs, Rosen, 
Kuster, Brooks (of Indiana), Khanna, Stefanik, and Griffith are 
also cosponsors. On June 16, 2017, that bill was referred to 
the Subcommittee on Communications and Technology, Energy and 
Commerce Committee of the House of Representatives, which held 
a legislative hearing on the bill on March 22, 2018.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

S. 2418--Rural Reasonable and Comparable Wireless Access Act of 2018

    S. 2418 would direct the Federal Communications Commission 
(FCC) to conduct a rulemaking to establish a national standard 
for Universal Service Fund (USF) programs to use when 
determining whether mobile broadband service in rural areas is 
reasonably comparable to such service in urban areas.\4\ Under 
current law, there is no national standard for comparing mobile 
broadband in rural and urban areas. The FCC also would be 
required to gather data on mobile broadband service and 
periodically report to the Congress on the status of the 
rulemaking.
---------------------------------------------------------------------------
    \4\The Universal Service program is administered by the Federal 
Communications Commission (FCC) and is intended to promote the 
availability of telecommunications services at affordable rates.
---------------------------------------------------------------------------
    Using information from the FCC, CBO estimates that 
implementing S. 2418 would cost $1 million over the 2018-2023 
period for the agency to conduct a rulemaking and to produce 
the required reports. However, under current law, the FCC is 
authorized to collect fees sufficient to offset the costs of 
its regulatory activities each year; therefore, CBO estimates 
that the net cost to the FCC to implement the bill would be 
insignificant, assuming appropriation actions consistent with 
that authority.
    The cash flows of the USF are recorded in the budget as 
direct spending (for amounts distributed from the fund) and as 
revenues (for receipts into the fund). Because S. 2418 could 
affect eligibility for USF programs, pay-as-you-go procedures 
apply. However, CBO has no basis for estimating the outcome of 
future FCC rulemakings that could affect the cost of USF 
programs to support broadband services in rural areas; costs 
could increase, decrease, or remain the same.
    CBO estimates that enacting S. 2343 would not significantly 
increase net direct spending or on-budget deficits in any of 
the four consecutive 10-year periods beginning in 2029.
    S. 2418 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA).
    If the FCC increases annual fee collections to offset the 
costs of the rulemaking and analysis required by the bill, S. 
2418 would increase the cost of an existing private-sector 
mandate on commercial entities required to pay those fees. 
Using information from the FCC, CBO estimates that the 
incremental cost of the mandate would be small--approximately 
$1 million over the 2019-2023 period--and would fall well below 
the annual threshold established in UMRA for private-sector 
mandates ($180 million in 2018, adjusted annually for 
inflation).
    The CBO staff contacts for this estimate are Stephen Rabent 
(for federal costs) and Rachel Austin (for mandates). The 
estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       number of persons covered

    The bill would have no effect on the number or types of 
individuals and businesses regulated in the United States.

                            economic impact

    S. 2418, as reported, is not expected to have a negative 
impact on the Nation's economy.

                                privacy

    S. 2418, as reported, is not expected to have an adverse 
impact on the personal privacy of individuals.

                               paperwork

    S. 2418, as reported, would not increase paperwork 
requirements for private individuals or businesses. The 
legislation would require the Commission to submit a report to 
Congress on the progress of the Commission on establishing a 
standard not less frequently than every 180 days after 
commencing the rulemaking to create that standard.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis


Section 1. Short title.

    This section provides that this bill may be cited as the 
``Rural Reasonable and Comparable Wireless Access Act of 
2018.''

Section 2. Availability of mobile broadband service in underserved 
        rural areas.

    Subsection (a) of this section would provide definitions 
for the bill and would direct the Commission to define the term 
``mobile broadband service'' as used in the legislation.
    Subsection (b) of this section would direct the FCC to 
commence a rulemaking, not later than 180 days after enactment, 
to establish a national standard to determine, with respect to 
section 254(b)(3) of the Communications Act of 1934, whether 
mobile broadband service available in rural areas is reasonably 
comparable to mobile broadband service provided in urban areas. 
The subsection also would direct the FCC to provide Congress 
with progress reports on the rulemaking every 180 days after 
the commencement of the rulemaking.
    Subsection (c) of this section would set out various things 
the FCC must consider as part of the rulemaking. These 
considerations would include the following: (1) defining as 
``rural'' any area in which a school or library is designated 
as ``rural'' under specified Commission rules, or an area that 
is the service area served by a rural telephone company; (2) 
defining a rural area as ``underserved'' if mobile broadband 
service in that area does not meet or exceed the new standard; 
and (3) providing that a rural area is underserved if tests 
show that the average speed and signal strength of mobile 
broadband service available in the area do not meet or exceed 
the average speed and signal strength of mobile broadband 
service provided in the 20 most populous metropolitan 
statistical areas in the United States.
    To help inform the standard created by this section, 
subsection (d) of this section would require the Commission to 
gather and periodically update data on mobile broadband service 
provided in the 20 most populous metropolitan statistical areas 
in the United States.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee states that the 
bill as reported would make no change to existing law.

                                  [all]