[DOCID: f:hr443.110]
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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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