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[110th Congress Public Law 385]
[From the U.S. Government Printing Office]

[DOCID: f:publ385.110]

[[Page 4095]]

                   BROADBAND DATA SERVICES IMPROVEMENT

[[Page 122 STAT. 4096]]

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. <<NOTE: Oct. 10, 2008 -  [S. 1492]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

   TITLE I--BROADBAND <<NOTE: Broadband Data Improvement Act.>> DATA 
IMPROVEMENT

SEC. 101. <<NOTE: 47 USC 1301 note.>> SHORT TITLE.

    This title may be cited as the ``Broadband Data Improvement Act''.

SEC. 102 <<NOTE: 47 USC 1301.>> 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 <<NOTE: 47 USC 1303.>> 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.-- 
<<NOTE: Lists.>> As part of the inquiry required by subsection (b), the 
Commission

[[Page 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 <<NOTE: Public information.>> 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;

[[Page 122 STAT. 4098]]

                    (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 dial-up 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 <<NOTE: Recommen- dations.>> 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.

[[Page 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 <<NOTE: Survey.>> 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. <<NOTE: 47 USC 1304.>> 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.--

[[Page 122 STAT. 4100]]

            (1) In general.--The <<NOTE: Regulations.>> 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 <<NOTE: Certification.>> 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 <<NOTE: Plans. Recommen- 
                      dations.>> 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

[[Page 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 high-
                speed 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 <<NOTE: Web site.>> 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. <<NOTE: Applicability.>> 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

[[Page 122 STAT. 4102]]

        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 <<NOTE: Protecting Children in the 21st Century 
Act.>> CHILDREN

SEC. 201. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short <<NOTE: 15 USC 6551 note.>> 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. <<NOTE: 15 USC 6551.>> 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

[[Page 122 STAT. 4103]]

from cybercrimes, including crimes by online predators, and helps 
parents shield their children from material that is inappropriate for 
minors.

SEC. 212. <<NOTE: 15 USC 6552.>> 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. <<NOTE: 15 USC 6553.>> 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. <<NOTE: 15 USC 6554.>> ONLINE SAFETY AND TECHNOLOGY WORKING 
            GROUP.

    (a) Establishment.--Within <<NOTE: Deadline.>> 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.

[[Page 122 STAT. 4104]]

    (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 <<NOTE: Recommen- dations.>> 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. <<NOTE: 15 USC 6555.>> 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.

[[Page 122 STAT. 4105]]

           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.

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.

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