II 

118TH CONGRESS 

1ST SESSION S. 3321 

To require the Federal Communications Commission to ensure equitable and 

nondiscriminatory contributions to the mechanisms that preserve and 

advance universal service, to reduce the financial burden on consumers, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 15, 2023 

Mr. MULLIN (for himself, Mr. KELLY, and Mr. CRAPO) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To require the Federal Communications Commission to ensure equitable and nondiscriminatory contributions to the 

mechanisms that preserve and advance universal service, 

to reduce the financial burden on consumers, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Lowering Broadband 

5 Costs for Consumers Act of 2023’’. 

6 SEC. 2. LOWERING BROADBAND COSTS FOR CONSUMERS. 

7 (a) DEFINITIONS.—In this section: 


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1 (1) BROADBAND INTERNET ACCESS SERVICE.— 

2 The term ‘‘broadband internet access service’’ has 

3 the meaning given the term in section 8.1(b) of title 

4 47, Code of Federal Regulations, or any successor 

5 regulation. 

6 (2) BROADBAND PROVIDER.—The term 

7 ‘‘broadband provider’’ means a provider of 

8 broadband internet access service. 

9 (3) COMMISSION.—The term ‘‘Commission’’ 

10 means the Federal Communications Commission. 

11 (4) EDGE PROVIDER.—The term ‘‘edge pro12 vider’’ means a provider of online content or serv13 ices, including— 

14 (A) a digital advertising service; 

15 (B) a search engine; 

16 (C) a social media platform; 

17 (D) a streaming service; 

18 (E) an app store; 

19 (F) a cloud computing service; 

20 (G) an over-the-top messaging service or 

21 any other service that enables texting; 

22 (H) a videoconferencing service; 

23 (I) a video gaming service; and 

24 (J) an e-commerce platform. 


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1 (5) ELIGIBLE TELECOMMUNICATIONS CAR2 RIER.—The term ‘‘eligible telecommunications car3 rier’’ means a common carrier designated as an eli4 gible telecommunications carrier under section 

5 214(e) of the Communications Act of 1934 (47 

6 U.S.C. 214(e)). 

7 (b) LOWERING BROADBAND COSTS FOR CON8 SUMERS.—Section 254(d) of the Communications Act of 

9 1934 (47 U.S.C. 254(d)) is amended— 

10 (1) by striking ‘‘Every’’ and inserting the fol11 lowing: 

12 ‘‘(1) IN GENERAL.—Every’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(2) RULEMAKING.— 

15 ‘‘(A) INITIAL RULEMAKING.—Not later 

16 than 18 months after the date of enactment of 

17 the Lowering Broadband Costs for Consumers 

18 Act of 2023, the Commission shall complete a 

19 rulemaking to reform the Universal Service 

20 Fund by expanding the contribution base so 

21 that broadband providers and edge providers, 

22 except as provided in paragraph (3) of this sub23 section, contribute on an equitable and non24 discriminatory basis to the specific, predictable, 

25 and sufficient mechanisms established by the 


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1 Commission to preserve and advance universal 

2 service. 

3 ‘‘(B) REVISIONS.—From time to time after 

4 the rulemaking described in subparagraph (A), 

5 the Commission may revise the rules adopted 

6 under that subparagraph, as necessary, to en7 sure that broadband providers and edge pro8 viders continue to contribute on an equitable 

9 and nondiscriminatory basis to the specific, pre10 dictable, and sufficient mechanisms established 

11 by the Commission to preserve and advance 

12 universal service. 

13 ‘‘(3) EXEMPTED EDGE PROVIDERS AND

14 BROADBAND PROVIDERS.—The requirement to con15 tribute described in paragraph (2) shall not apply 

16 to— 

17 ‘‘(A) an edge provider that— 

18 ‘‘(i) transmitted less than 3 percent of 

19 the estimated quantity of broadband data 

20 that was transmitted in the United States 

21 during the most recent year, as determined 

22 by the Commission; and 

23 ‘‘(ii) earned less than $5,000,000,000 

24 in revenue in the United States during the 

25 most recent year; or 


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1 ‘‘(B) an edge provider or broadband pro2 vider or class of edge providers or broadband 

3 providers if the revenue of the provider is such 

4 that the level of contribution of the provider to 

5 the preservation and advancement of universal 

6 service would be de minimis. 

7 ‘‘(4) BROADBAND PROVIDER; EDGE PROVIDER

8 DEFINED.—In this subsection, the terms ‘broadband 

9 provider’ and ‘edge provider’ have the meanings 

10 given those terms in section 2 of the Lowering 

11 Broadband Costs for Consumers Act of 2023.’’. 

12 (c) SUPPORTING BROADBAND PROVIDERS.— 

13 (1) ADOPTION OF MECHANISM.—Not later than 

14 18 months after the date of enactment of this Act, 

15 the Commission shall complete a rulemaking to 

16 adopt a new mechanism under the high-cost pro17 gram of the Universal Service Fund that will provide 

18 specific, predictable, and sufficient support for ex19 penses incurred by a broadband provider that is an 

20 eligible telecommunications carrier in providing sup21 ported services to the extent that such expenses are 

22 not otherwise recovered from revenues earned from 

23 the assessment of just, reasonable, and affordable 

24 rates on end users in high-cost areas or from other 

25 universal service support mechanisms. 


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1 (2) LIMIT ON ELIGIBLE TELECOMMUNICATIONS

2 CARRIERS.—The Commission shall ensure that not 

3 more than 1 eligible telecommunications carrier for 

4 any area receives support from the mechanism 

5 adopted through the rulemaking conducted under 

6 paragraph (1). 

7 (d) ENFORCEMENT BY THE FEDERAL COMMUNICA8 TIONS COMMISSION.— 

9 (1) POWERS OF COMMISSION.—Except as other10 wise provided, the Commission shall enforce this Act 

11 in the same manner, by the same means, and with 

12 the same jurisdiction, powers, and duties as though 

13 all applicable terms and provisions of the Commu14 nications Act of 1934 (47 U.S.C. 151 et seq.) were 

15 incorporated into and made a part of this Act. 

16 (2) PENALTIES, PRIVILEGES, AND IMMUNI17 TIES.—Any person who violates this Act shall be 

18 subject to the penalties and entitled to the privileges 

19 and immunities provided in the Communications Act 

20 of 1934 (47 U.S.C. 151 et seq.). 

21 (e) PURPOSE; RULE OF CONSTRUCTION.— 

22 (1) PURPOSE.—The purpose of this section is 

23 to direct the Commission to require contributions to 

24 the Universal Service Fund from edge providers and 

25 broadband providers and to modify the high cost 


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1 program to promote affordable and available 

2 broadband. 

3 (2) RULE OF CONSTRUCTION.—Nothing in this 

4 section shall be construed to provide the Commission 

5 with— 

6 (A) any new authority over broadband pro7 viders; or 

8 (B) any authority over edge providers 

9 other than as described in paragraph (1). 

Æ 


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