U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

89–010 

" ! SENATE 115TH CONGRESS

2d Session 

REPORT

2018

115–345 

Calendar No. 626 

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 

OCTOBER 9, 2018.—Ordered to be printed 


congress.#13
(II) 

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 proVerDate Sep 11 2014 05:50 Oct 10, 2018 Jkt 089010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR345.XXX SR345
2 

1 47 U.S.C. §151. 2 47 U.S.C. §254(b)(1). 3 47 U.S.C. §254(b)(3). 4The Universal Service program is administered by the Federal Communications Commission 

(FCC) and is intended to promote the availability of telecommunications services at affordable 

rates. 

mote 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. 

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. 

Using information from the FCC, CBO estimates that imple- menting S. 2418 would cost $1 million over the 2018–2023 period 

3 

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 

4 

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. 

5 

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. 

Æ