PUBLIC LAW 110–385—OCT. 10, 2008 

BROADBAND DATA SERVICES IMPROVEMENT 


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122 STAT. 4096 PUBLIC LAW 110–385—OCT. 10, 2008 

Public Law 110–385 

110th Congress 

An Act 

To improve the quality of Federal and State data regarding the availability and 

quality of broadband services and to promote the deployment of affordable 

broadband services to all parts of the Nation. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

TITLE I—BROADBAND DATA 

IMPROVEMENT 

SEC. 101. SHORT TITLE. 

This title may be cited as the ‘‘Broadband Data Improvement 

Act’’. 

SEC. 102 FINDINGS. 

The Congress finds the following: 

(1) The deployment and adoption of broadband technology 

has resulted in enhanced economic development and public 

safety for communities across the Nation, improved health care 

and educational opportunities, and a better quality of life for 

all Americans. 

(2) Continued progress in the deployment and adoption 

of broadband technology is vital to ensuring that our Nation 

remains competitive and continues to create business and job 

growth. 

(3) Improving Federal data on the deployment and adoption 

of broadband service will assist in the development of 

broadband technology across all regions of the Nation. 

(4) The Federal Government should also recognize and 

encourage complementary State efforts to improve the quality 

and usefulness of broadband data and should encourage and 

support the partnership of the public and private sectors in 

the continued growth of broadband services and information 

technology for the residents and businesses of the Nation. 

SEC. 103 IMPROVING FEDERAL DATA ON BROADBAND. 

(a) IMPROVING SECTION 706 INQUIRY.—Section 706 of the Telecommunications Act of 1996 (47 U.S.C. 157 note) is amended— 

(1) by striking ‘‘regularly’’ in subsection (b) and inserting 

‘‘annually’’; 

(2) by redesignating subsection (c) as subsection (d); and 

(3) by inserting after subsection (b) the following: 

‘‘(c) DEMOGRAPHIC INFORMATION FOR UNSERVED AREAS.—As 

part of the inquiry required by subsection (b), the Commission 

Lists. 

47 USC 1303. 

47 USC 1301. 

47 USC 1301 

note. 

Broadband Data 

Improvement 

Act. 

Oct. 10, 2008 

[S. 1492] 


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PUBLIC LAW 110–385—OCT. 10, 2008 122 STAT. 4097 

shall compile a list of geographical areas that are not served by 

any provider of advanced telecommunications capability (as defined 

by section 706(c)(1) of the Telecommunications Act of 1996 (47 

U.S.C. 157 note)) and to the extent that data from the Census 

Bureau is available, determine, for each such unserved area— 

‘‘(1) the population; 

‘‘(2) the population density; and 

‘‘(3) the average per capita income.’’. 

(b) INTERNATIONAL COMPARISON.— 

(1) IN GENERAL.—As part of the assessment and report 

required by section 706 of the Telecommunications Act of 1996 

(47 U.S.C. 157 note), the Federal Communications 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 data rate benchmarks for broadband service utilized by the Commission to 

reflect different speed tiers. 

(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, the regulatory model under 

which broadband service capability is provided, the types of 

applications and services used, business and residential use 

of such services, and other media available to consumers. 

(c) CONSUMER SURVEY OF BROADBAND SERVICE CAPABILITY.— 

(1) IN GENERAL.—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— 

(A) the types of technology used to provide the 

broadband service capability to which consumers subscribe; 

(B) the amounts consumers pay per month for such 

capability; 

(C) the actual data transmission speeds of such capability; 

(D) the types of applications and services consumers 

most frequently use in conjunction with such capability; 

(E) for consumers who have declined to subscribe to 

broadband service capability, the reasons given by such 

consumers for declining such capability; 

Public 

information. 


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122 STAT. 4098 PUBLIC LAW 110–385—OCT. 10, 2008 

(F) other sources of broadband service capability which 

consumers regularly use or on which they rely; and 

(G) any other information the Commission deems 

appropriate for such purpose. 

(2) PUBLIC AVAILABILITY.—The Commission shall make 

publicly available the results of surveys conducted under this 

subsection at least once per year. 

(d) IMPROVING CENSUS DATA ON BROADBAND.—The Secretary 

of Commerce, in consultation with the Federal Communications 

Commission, shall expand the American Community Survey conducted by the Bureau of the Census to elicit information for residential households, including those located on native lands, to determine whether persons at such households own or use a computer 

at that address, whether persons at that address subscribe to Internet service and, if so, whether such persons subscribe to dialup or broadband Internet service at that address. 

(e) PROPRIETARY INFORMATION.—Nothing in this title shall 

reduce or remove any obligation the Commission has to protect 

proprietary information, nor shall this title be construed to compel 

the Commission to make publicly available any proprietary information. 

SEC. 104. STUDY ON ADDITIONAL BROADBAND METRICS AND STANDARDS. 

(a) IN GENERAL.—The Comptroller General shall conduct a 

study to consider and evaluate additional broadband metrics or 

standards that may be used by industry and the Federal Government to provide users with more accurate information about the 

cost and capability of their broadband connection, and to better 

compare the deployment and penetration of broadband in the United 

States with other countries. At a minimum, such study shall consider potential standards or metrics that may be used— 

(1) to calculate the average price per megabit per second 

of broadband offerings; 

(2) to reflect the average actual speed of broadband 

offerings compared to advertised potential speeds and to consider factors affecting speed that may be outside the control 

of a broadband provider; 

(3) to compare, using comparable metrics and standards, 

the availability and quality of broadband offerings in the United 

States with the availability and quality of broadband offerings 

in other industrialized nations, including countries that are 

members of the Organization for Economic Cooperation and 

Development; and 

(4) to distinguish between complementary and substitutable 

broadband offerings in evaluating deployment and penetration. 

(b) REPORT.—Not later than 1 year after the date of enactment 

of this Act, the Comptroller General shall submit a report to the 

Senate Committee on Commerce, Science, and Transportation and 

the House of Representatives Committee on Energy and Commerce 

on the results of the study, with recommendations for how industry 

and the Federal Communications Commission can use such metrics 

and comparisons to improve the quality of broadband data and 

to better evaluate the deployment and penetration of comparable 

broadband service at comparable rates across all regions of the 

Nation. 

Recommendations. 


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PUBLIC LAW 110–385—OCT. 10, 2008 122 STAT. 4099 

SEC. 105. STUDY ON THE IMPACT OF BROADBAND SPEED AND PRICE 

ON SMALL BUSINESSES. 

(a) IN GENERAL.—Subject to appropriations, the Small Business 

Administration Office of Advocacy shall conduct a study evaluating 

the impact of broadband speed and price on small businesses. 

(b) REPORT.—Not later than 2 years after the date of enactment 

of this Act, the Office shall submit a report to the Senate Committee 

on Commerce, Science, and Transportation, the Senate Committee 

on Small Business and Entrepreneurship, the House of Representatives Committee on Energy and Commerce, and the House of Representatives Committee on Small Business on the results of the 

study, including— 

(1) a survey of broadband speeds available to small 

businesses; 

(2) a survey of the cost of broadband speeds available 

to small businesses; 

(3) a survey of the type of broadband technology used 

by small businesses; and 

(4) any policy recommendations that may improve small 

businesses access to comparable broadband services at comparable rates in all regions of the Nation. 

SEC. 106. ENCOURAGING STATE INITIATIVES TO IMPROVE 

BROADBAND. 

(a) PURPOSES.—The purposes of any grant under subsection 

(b) are— 

(1) to ensure that all citizens and businesses in a State 

have access to affordable and reliable broadband service; 

(2) to achieve improved technology literacy, increased computer ownership, and broadband use among such citizens and 

businesses; 

(3) to establish and empower local grassroots technology 

teams in each State to plan for improved technology use across 

multiple community sectors; and 

(4) to establish and sustain an environment ripe for 

broadband services and information technology investment. 

(b) ESTABLISHMENT OF STATE BROADBAND DATA AND DEVELOPMENT GRANT PROGRAM.— 

(1) IN GENERAL.—The Secretary of Commerce shall award 

grants, taking into account the results of the peer review 

process under subsection (d), to eligible entities for the development and implementation of statewide initiatives to identify 

and track the availability and adoption of broadband services 

within each State. 

(2) COMPETITIVE BASIS.—Any grant under subsection (b) 

shall be awarded on a competitive basis. 

(c) ELIGIBILITY.—To be eligible to receive a grant under subsection (b), an eligible entity shall— 

(1) submit an application to the Secretary of Commerce, 

at such time, in such manner, and containing such information 

as the Secretary may require; 

(2) contribute matching non-Federal funds in an amount 

equal to not less than 20 percent of the total amount of the 

grant; and 

(3) agree to comply with confidentiality requirements in 

subsection (h)(2) of this section. 

(d) PEER REVIEW; NONDISCLOSURE.— 

47 USC 1304. 

Survey. 


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122 STAT. 4100 PUBLIC LAW 110–385—OCT. 10, 2008 

(1) IN GENERAL.—The Secretary shall by regulation require 

appropriate technical and scientific peer review of applications 

made for grants under this section. 

(2) REVIEW PROCEDURES.—The regulations required under 

paragraph (1) shall require that any technical and scientific 

peer review group— 

(A) be provided a written description of the grant to 

be reviewed; 

(B) provide the results of any review by such group 

to the Secretary of Commerce; and 

(C) certify that such group will enter into voluntary 

nondisclosure agreements as necessary to prevent the 

unauthorized disclosure of confidential and proprietary 

information provided by broadband service providers in 

connection with projects funded by any such grant. 

(e) USE OF FUNDS.—A grant awarded to an eligible entity 

under subsection (b) shall be used— 

(1) to provide a baseline assessment of broadband service 

deployment in each State; 

(2) to identify and track— 

(A) areas in each State that have low levels of 

broadband service deployment; 

(B) the rate at which residential and business users 

adopt broadband service and other related information 

technology services; and 

(C) possible suppliers of such services; 

(3) to identify barriers to the adoption by individuals and 

businesses of broadband service and related information technology services, including whether or not— 

(A) the demand for such services is absent; and 

(B) the supply for such services is capable of meeting 

the demand for such services; 

(4) to identify the speeds of broadband connections made 

available to individuals and businesses within the State, and, 

at a minimum, to rely on the data rate benchmarks for 

broadband service utilized by the Commission to reflect different speed tiers, to promote greater consistency of data among 

the States; 

(5) to create and facilitate in each county or designated 

region in a State a local technology planning team— 

(A) with members representing a cross section of the 

community, including representatives of business, telecommunications labor organizations, K–12 education, 

health care, libraries, higher education, community-based 

organizations, local government, tourism, parks and recreation, and agriculture; and 

(B) which shall— 

(i) benchmark technology use across relevant 

community sectors; 

(ii) set goals for improved technology use within 

each sector; and 

(iii) develop a tactical business plan for achieving 

its goals, with specific recommendations for online 

application development and demand creation; 

(6) to work collaboratively with broadband service providers 

and information technology companies to encourage deployment 

and use, especially in unserved areas and areas in which 

Plans. 

Recommendations. 

Certification. 

Regulations. 


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PUBLIC LAW 110–385—OCT. 10, 2008 122 STAT. 4101 

broadband penetration is significantly below the national average, through the use of local demand aggregation, mapping 

analysis, and the creation of market intelligence to improve 

the business case for providers to deploy; 

(7) to establish programs to improve computer ownership 

and Internet access for unserved areas and areas in which 

broadband penetration is significantly below the national average; 

(8) to collect and analyze detailed market data concerning 

the use and demand for broadband service and related information technology services; 

(9) to facilitate information exchange regarding the use 

and demand for broadband services between public and private 

sectors; and 

(10) to create within each State a geographic inventory 

map of broadband service, including the data rate benchmarks 

for broadband service utilized by the Commission to reflect 

different speed tiers, which shall— 

(A) identify gaps in such service through a method 

of geographic information system mapping of service availability based on the geographic boundaries of where service 

is available or unavailable among residential or business 

customers; and 

(B) provide a baseline assessment of statewide 

broadband deployment in terms of households with highspeed availability. 

(f) PARTICIPATION LIMIT.—For each State, an eligible entity 

may not receive a new grant under this section to fund the activities 

described in subsection (d) within such State if such organization 

obtained prior grant awards under this section to fund the same 

activities in that State in each of the previous 4 consecutive years. 

(g) REPORTING; BROADBAND INVENTORY MAP.—The Secretary 

of Commerce shall— 

(1) require each recipient of a grant under subsection (b) 

to submit a report on the use of the funds provided by the 

grant; and 

(2) create a web page on the Department of Commerce 

website that aggregates relevant information made available 

to the public by grant recipients, including, where appropriate, 

hypertext links to any geographic inventory maps created by 

grant recipients under subsection (e)(10). 

(h) ACCESS TO AGGREGATE DATA.— 

(1) IN GENERAL.—Subject to paragraph (2), the Commission 

shall provide eligible entities access, in electronic form, to aggregate data collected by the Commission based on the Form 

477 submissions of broadband service providers. 

(2) LIMITATION.—Notwithstanding any provision of Federal 

or State law to the contrary, an eligible entity shall treat 

any matter that is a trade secret, commercial or financial 

information, or privileged or confidential, as a record not subject 

to public disclosure except as otherwise mutually agreed to 

by the broadband service provider and the eligible entity. This 

paragraph applies only to information submitted by the 

Commission or a broadband provider to carry out the provisions 

of this title and shall not otherwise limit or affect the rules 

Applicability. 

Web site. 


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122 STAT. 4102 PUBLIC LAW 110–385—OCT. 10, 2008 

governing public disclosure of information collected by any Federal or State entity under any other Federal or State law 

or regulation. 

(i) DEFINITIONS.—In this section: 

(1) COMMISSION.—The term ‘‘Commission’’ means the Federal Communications Commission. 

(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 

(A) an entity that is either— 

(i) 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; 

(ii) 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; or 

(iii) an independent agency or commission in which 

an office of a State is a member on behalf of the 

State; and 

(B) is the single eligible entity in the State that has 

been designated by the State to receive a grant under 

this section. 

(j) NO REGULATORY AUTHORITY.—Nothing in this section shall 

be construed as giving any public or private entity established 

or affected by this title any regulatory jurisdiction or oversight 

authority over providers of broadband services or information technology. 

TITLE II—PROTECTING CHILDREN 

SEC. 201. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This title may be cited as the ‘‘Protecting 

Children in the 21st Century Act’’. 

(b) TABLE OF CONTENTS.—The table of contents for this title 

is as follows: 

Sec. 201. Short title; table of contents. 

SUBTITLE A—PROMOTING A SAFE INTERNET FOR CHILDREN 

Sec. 211. Internet safety. 

Sec. 212. Public awareness campaign. 

Sec. 213. Annual reports. 

Sec. 214. Online safety and technology working group. 

Sec. 215. Promoting online safety in schools. 

Sec. 216. Definitions. 

SUBTITLE B—ENHANCING CHILD PORNOGRAPHY ENFORCEMENT 

Sec. 221. Child pornography prevention; forfeitures related to child pornography 

violations. 

SUBTITLE A—PROMOTING A SAFE 

INTERNET FOR CHILDREN 

SEC. 211. INTERNET SAFETY. 

For the purposes of this title, the issue of Internet safety 

includes issues regarding the use of the Internet in a manner 

that promotes safe online activity for children, protects children 

15 USC 6551. 

15 USC 6551 

note. 

Protecting 

Children 

in the 21st 

Century Act. 


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from cybercrimes, including crimes by online predators, and helps 

parents shield their children from material that is inappropriate 

for minors. 

SEC. 212. PUBLIC AWARENESS CAMPAIGN. 

The Federal Trade Commission shall carry out a nationwide 

program to increase public awareness and provide education 

regarding strategies to promote the safe use of the Internet by 

children. The program shall utilize existing resources and efforts 

of the Federal Government, State and local governments, nonprofit 

organizations, private technology and financial companies, Internet 

service providers, World Wide Web-based resources, and other 

appropriate entities, that includes— 

(1) identifying, promoting, and encouraging best practices 

for Internet safety; 

(2) establishing and carrying out a national outreach and 

education campaign regarding Internet safety utilizing various 

media and Internet-based resources; 

(3) facilitating access to, and the exchange of, information 

regarding Internet safety to promote up-to-date knowledge 

regarding current issues; and 

(4) facilitating access to Internet safety education and 

public awareness efforts the Commission considers appropriate 

by States, units of local government, schools, police departments, nonprofit organizations, and other appropriate entities. 

SEC. 213. ANNUAL REPORTS. 

The Commission shall submit a report to the Committee on 

Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives 

not later than March 31 of each year that describes the activities 

carried out under section 103 by the Commission during the preceding calendar year. 

SEC. 214. ONLINE SAFETY AND TECHNOLOGY WORKING GROUP. 

(a) ESTABLISHMENT.—Within 90 days after the date of enactment of this Act, the Assistant Secretary of Commerce for Communications and Information shall establish an Online Safety and 

Technology working group comprised of representatives of relevant 

sectors of the business community, public interest groups, and 

other appropriate groups and Federal agencies to review and 

evaluate— 

(1) the status of industry efforts to promote online safety 

through educational efforts, parental control technology, 

blocking and filtering software, age-appropriate labels for content or other technologies or initiatives designed to promote 

a safe online environment for children; 

(2) the status of industry efforts to promote online safety 

among providers of electronic communications services and 

remote computing services by reporting apparent child pornography under section 13032 of title 42, United States Code, 

including any obstacles to such reporting; 

(3) the practices of electronic communications service providers and remote computing service providers related to record 

retention in connection with crimes against children; and 

(4) the development of technologies to help parents shield 

their children from inappropriate material on the Internet. 

Deadline. 

15 USC 6554. 

15 USC 6553. 

15 USC 6552. 


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(b) REPORT.—Within 1 year after the working group is first 

convened, it shall submit a report to the Assistant Secretary, the 

Committee on Commerce, Science, and Transportation of the 

Senate, and the Committee on Energy and Commerce of the House 

of Representatives that— 

(1) describes in detail its findings, including any information related to the effectiveness of such strategies and technologies and any information about the prevalence within 

industry of educational campaigns, parental control technologies, blocking and filtering software, labeling, or other technologies to assist parents; and 

(2) includes recommendations as to what types of incentives 

could be used or developed to increase the effectiveness and 

implementation of such strategies and technologies. 

(c) FACA NOT TO APPLY TO WORKING GROUP.—The Federal 

Advisory Committee Act (5 U.S.C. App.) shall not apply to the 

working group. 

SEC. 215. PROMOTING ONLINE SAFETY IN SCHOOLS. 

Section 254(h)(5)(B) of the Communications Act of 1934 (47 

U.S.C. 254(h)(5)(b)) is amended— 

(1) by striking ‘‘and’’ after the semicolon in clause (i); 

(2) by striking ‘‘minors.’’ in clause (ii) and inserting ‘‘minors; 

and’’; and 

(3) by adding at the end the following: 

‘‘(iii) as part of its Internet safety policy is educating minors about appropriate online behavior, 

including interacting with other individuals on social 

networking websites and in chat rooms and 

cyberbullying awareness and response.’’. 

SEC. 216. DEFINITIONS. 

In this title: 

(1) COMMISSION.—The term ‘‘Commission’’ means the Federal Trade Commission. 

(2) INTERNET.—The term ‘‘Internet’’ means collectively the 

myriad of computer and telecommunications facilities, including 

equipment and operating software, which comprise the interconnected world-wide network of networks that employ the 

Transmission Control Protocol/Internet Protocol, or any predecessor successor protocols to such protocol, to communicate 

information of all kinds by wire or radio. 

15 USC 6555. 

Recommendations. 


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PUBLIC LAW 110–385—OCT. 10, 2008 122 STAT. 4105 

LEGISLATIVE HISTORY—S. 1492: 

SENATE REPORTS: No. 110–204 (Comm. on Commerce, Science, and Transportation). 

CONGRESSIONAL RECORD, Vol. 154 (2008): 

Sept. 26, considered and passed Senate. 

Sept. 29, considered and passed House, amended. 

Sept. 30, Senate concurred in House amendments. 

Æ 

SUBTITLE B—ENHANCING CHILD 

PORNOGRAPHY ENFORCEMENT 

SEC. 221. CHILD PORNOGRAPHY PREVENTION; FORFEITURES 

RELATED TO CHILD PORNOGRAPHY VIOLATIONS. 

(a) IN GENERAL.—Section 503(b)(1) of the Communications Act 

of 1934 (47 U.S.C. 503(b)(1)) is amended by striking ‘‘or 1464’’ 

in subparagraph (D) and inserting ‘‘1464, or 2252’’. 

Approved October 10, 2008. 


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