[Senate Report 116-274]
[From the U.S. Government Publishing Office]


                                                  Calendar No. 567

116th Congress}                                           { Report
                                 SENATE
  2d Session  }                                           { 116-274

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

  ADVANCING CRITICAL CONNECTIVITY EXPANDS SERVICE, SMALL BUSINESS 
RESOURCES, OPPORTUNITIES, ACCESS, AND DATA BASED ON ASSESSED NEED AND 
                              DEMAND ACT

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1046

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                October 1, 2020.--Ordered to be printed
                
                              __________
                               

                    U.S. GOVERNMENT PUBLISHING OFFICE                    
                          WASHINGTON : 2020                     
          
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       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred sixteenth congress
                             second session

                 ROGER F. WICKER, Mississippi, Chairman
JOHN THUNE, South Dakota             MARIA CANTWELL, Washington
ROY BLUNT, Missouri                  AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas                      RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska                BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas                  EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska                 TOM UDALL, New Mexico
CORY GARDNER, Colorado               GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee          TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West Virginia  TAMMY DUCKWORTH, Illinois
MIKE LEE, Utah                       JON TESTER, Montana
RON JOHNSON, Wisconsin               KYRSTEN SINEMA, Arizona
TODD C. YOUNG, Indiana               JACKY ROSEN, Nevada
RICK SCOTT, Florida
                       John Keast, Staff Director
               David Strickland, Minority Staff Director
               
               
               
               
                                                   Calendar No. 567

116th Congress}                                           { Report
                                 SENATE
  2d Session  }                                           { 116-274

======================================================================              
 
    ADVANCING CRITICAL CONNECTIVITY EXPANDS SERVICE, SMALL BUSINESS 
 RESOURCES, OPPORTUNITIES, ACCESS, AND DATA BASED ON ASSESSED NEED AND 
                               DEMAND ACT

                                _______
                                

                October 1, 2020.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 1046]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1046) to establish the Office 
of Internet Connectivity and Growth, and for other purposes, 
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

    The purpose of S. 1046 is to create a new Office of 
Internet Connectivity and Growth (Office) within the National 
Telecommunications and Information Administration (NTIA), 
tasked with performing certain responsibilities related to 
broadband access, adoption, and deployment.

                          BACKGROUND AND NEEDS

    The United States faces a persistent digital divide. 
Although more than 98 percent of Americans have access to high-
speed broadband,\1\ over 20 million Americans are still without 
such service.\2\ The Federal Government has established a 
number of programs designed to increase access to broadband in 
urban, suburban, rural, Tribal, and remote areas across the 
country. In addition to the Universal Service Fund programs 
managed by the Federal Communications Commission (FCC), several 
other Federal agencies run programs that provide funding to 
support broadband access or adoption.
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    \1\High-speed broadband is defined as fixed terrestrial service at 
25 megabits per second (Mbps) download speeds and 3 Mbps upload speeds 
and mobile long-term evolution (LTE) service at 5 Mbps/1 Mbps.
    \2\Federal Communications Commission, Inquiry Concerning Deployment 
of Advanced Telecommunications Capability to All Americans in a 
Reasonable and Timely Fashion, 2019 Broadband Deployment Report, GN 
docket no. 18-238 at para. 2, released May 29, 2019 (https://
docs.fcc.gov/public/attachments/FCC-19-44A1.pdf) (accessed May 18, 
2020).
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    Navigating the myriad Federal broadband support programs 
can be challenging for entities seeking assistance. Not only 
are Federal broadband support programs spread across multiple 
Executive Branch agencies, but the programs often have 
different qualifications and applications; address different 
needs; and may not be well-promoted.\3\ Streamlining and 
standardizing applications for broadband support across these 
programs (to the extent such standardization is possible) and 
better promoting these programs to the public can help those 
seeking Federal broadband support to access those programs more 
efficiently.
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    \3\BroadbandUSA, Broadband Funding Guide (https://
broadbandusa.ntia.doc.gov/sites/
default/files/resource-files/bbusa_federalfunding_all_190409.pdf) 
(accessed May 18, 2020).
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    NTIA has attempted to accomplish some of this 
simplification through its BroadbandUSA program. BroadbandUSA 
currently serves local and State governments, industry, and 
nonprofits that seek to enhance broadband connectivity.\4\ The 
program provides online and in-person technical assistance to 
communities on how to improve broadband access. It also holds 
regional workshops, publishes guides and tools to assist 
communities trying to increase broadband access or adoption, 
and convenes agencies and broadband stakeholder groups to 
promote coordination.\5\ Congress, however, has not formally 
authorized this program, and some believe that elevating the 
work done by BroadbandUSA into a formal office within NTIA 
would give it more credibility outside the Government, more 
focus within NTIA leadership, and a more effective platform to 
coordinate across Executive Branch broadband programs.
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    \4\BroadbandUSA, ``Frequently Asked Questions'' (https://
broadbandusa.ntia.doc.gov/faq-list) (accessed May 18, 2020).
    \5\BroadbandUSA, ``How Can We Help'' (https://
broadbandusa.ntia.doc.gov/ntia-common-
content/how-we-can-help) (accessed May 18, 2020).
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    S. 1046 seeks to address some of the shortcomings 
stakeholders have pointed out with respect to BroadbandUSA and 
Federal broadband support programs at large. It would create a 
new office within NTIA and confer upon that office certain 
specific responsibilities, including attempting to streamline 
application processes for those programs.

                         SUMMARY OF PROVISIONS

    S. 1046, as amended, would do the following:
   Establish the Office of Internet Connectivity and 
        Growth within NTIA.
   Direct the Office to conduct outreach with local 
        communities to promote access and adoption of high-
        speed broadband service.
   Require the Office to work with agencies that offer 
        a Federal broadband support program (as that term is 
        defined in the bill) to streamline and standardize the 
        process for applying for Federal broadband support.
   Establish that nothing in the bill is intended to 
        alter or amend the FCC's Universal Service Fund 
        programs.
   Prohibit the authorization of new appropriations to 
        carry out this Act.

                          LEGISLATIVE HISTORY

    S. 1046 was introduced on April 4, 2019, by Senator Cortez 
Masto (for herself and Senators Gardner, Jones, Johnson, 
Baldwin, and Blackburn) and was referred to the Committee on 
Commerce, Science and Transportation of the Senate. Senators 
Sinema, Rosen, and Peters are additional cosponsors. On March 
11, 2020, the Committee met in open Executive Session and, by 
voice vote, ordered S. 1046 reported favorably with an 
amendment (in the nature of a substitute).
    S. 1046 is substantially similar to H.R. 1328, a bill 
introduced on February 25, 2019, by Representative Tonko (for 
himself and Representative Brooks) and referred to the 
Committee on Energy and Commerce in the House of 
Representatives. H.R. 1328, as amended, passed the House by 
voice vote on May 8, 2019. On May 9, 2019, that bill was 
received in the Senate and referred to the Committee on 
Commerce, Science, and Transportation.
    During the 115th Congress, a similar measure (S. 3346, the 
Advancing Critical Connectivity Expands Service, Small Business 
Resources, Opportunities, Access, and Data Based on Assessed 
Need and Demand Act) was introduced on August 1, 2018, by 
Senator Cortez Masto (for herself and Senator Gardner) and was 
referred to the Committee on Commerce, Science, and 
Transportation of the Senate. Senator Jones was an additional 
cosponsor. No further action occurred on that bill. That bill 
was reintroduced in the 116th Congress as S. 1046.

                            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. 1046 would direct the National Telecommunications and 
Information Administration (NTIA) to establish the Office of 
Internet Connectivity and Growth to help communities develop 
strategies to expand the deployment and use of high-speed 
Internet services. The office would conduct workshops, develop 
broadband training, create and distribute publications, consult 
with other federal agencies that offer broadband support 
programs to streamline and standardize their applications 
processes, and develop a central website for information about 
federal broadband programs.
    Using information from NTIA, CBO estimates that 
implementing S. 1046 would cost $8 million over the 2020-2025 
period; any spending would be subject to the availability of 
appropriated funds. Of that amount, $4 million would be for 
five additional employees at NTIA (at an annual cost of about 
$170,000 each), $3 million for NTIA to develop and maintain a 
central website for federal broadband programs and to 
standardize federal agency applications for broadband grant 
assistance, and $1 million for other agencies to coordinate 
their efforts with NTIA.
    The CBO staff contact for this estimate is David Hughes. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.

                      REGULATORY IMPACT STATEMENT

    Because S. 1046 does not create any new programs, the 
legislation will have no additional regulatory impact, and will 
result in no additional reporting requirements. The legislation 
will have no further effect on the number or types of 
individuals and businesses regulated, the economic impact of 
such regulation, the personal privacy of affected individuals, 
or the paperwork required from such individuals and businesses.

                   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 would provide that the bill may be cited as 
the ``Advancing Critical Connectivity Expands Service, Small 
Business Resources, Opportunities, Access, and Data Based on 
Assessed Need and Demand Act'' or the ``ACCESS BROADBAND Act''.

Section 2. Definitions.

    This section would define five terms used throughout the 
bill. The term ``Federal broadband support program'', in 
particular, is defined to include 26 specific broadband 
programs overseen by seven Federal agencies that are enumerated 
in the bill. Federal broadband support program also is defined 
to exclude any Universal Service Fund program. The term 
``Assistant Secretary'' is defined to mean the Assistant 
Secretary of Commerce for Communications and Information.

Section 3. Establishment of Office of Internet Connectivity and Growth.

    Section 3 would require that not later than 180 days after 
the enactment of this Act, the Assistant Secretary establish 
the Office of Internet Connectivity and Growth (Office) within 
NTIA.

Section 4. Duties.

    Subsection (a) of section 4 would establish the duties of 
the Office. The Office would be tasked with the following:
   Connecting with communities that need access to 
        high-speed internet and improved digital inclusion 
        efforts through various forms of outreach and 
        communication techniques;
   Holding regional workshops across the United States 
        to share best practices and effective strategies for 
        promoting broadband access and adoption;
   Developing targeted broadband training and 
        presentations for various demographic communities 
        through various media;
   Developing and distributing publications (including 
        toolkits, primers, manuals, and white papers) providing 
        guidance, strategies, and insights to communities as 
        the communities develop strategies to expand broadband 
        access and adoption; and
   Cooperating, as applicable, in these efforts with 
        State agencies that provide similar broadband 
        investments, outreach, and coordination through Federal 
        programs.
    Subsection (b) of this section would direct the Assistant 
Secretary to assign to the Office all activities currently 
performed by NTIA that are similar to the activities the Office 
is required to conduct by this bill. In particular, the 
Committee intends for NTIA to transfer the functions currently 
performed by NTIA's BroadbandUSA program to the Office, as 
those functions largely overlap with the responsibilities given 
to the Office under this bill.

Section 5. Streamlined applications for support.

    Subsection (a) of this section would direct the Office to 
consult with any agency offering a Federal broadband support 
program to streamline and standardize the application process 
for grants or other financial assistance from that program.
    Subsection (b) of this section would require any agency 
offering a Federal broadband support program to amend its 
application for broadband support, to the extent practicable 
and as necessary, to streamline and standardize applications 
for Federal broadband support programs across the Federal 
Government.
    Under subsection (c) of this section, the Office would be 
required, to the greatest extent practicable, to create a 
single application that may be submitted to apply for all, or 
substantially all, Federal broadband support programs.
    Subsection (d) of this section would direct the Office, not 
later than 180 days after enactment of this bill, to create a 
central website through which a potential applicant can learn 
about and apply for support through any Federal broadband 
support program.

Section 6. Rule of construction.

    This section would establish a rule of construction that 
nothing in the ACCESS BROADBAND Act is intended to alter or 
amend any provision of section 254 of the Communications Act of 
1934.\6\
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    \6\47 U.S.C. 254.
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Section 7. No additional funds authorized.

    Section 7 would state that no additional funds are 
authorized to be appropriated to carry out this Act, and that 
the Act shall be carried out using funds otherwise authorized.

                        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]