II 

Calendar No. 626 

115TH CONGRESS 

2D SESSION S. 2418 

[Report No. 115–345] 

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. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 13, 2018 

Ms. HASSAN (for herself, Mrs. CAPITO, Ms. KLOBUCHAR, Ms. CORTEZ

MASTO, and Mr. KING) introduced the following bill; which was read 

twice and referred to the Committee on Commerce, Science, and Transportation 

OCTOBER 9, 2018 

Reported by Mr. THUNE, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

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. 


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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 ‘‘Rural Reasonable and 

5 Comparable Wireless Access Act of 2018’’. 

6 SEC. 2. AVAILABILITY OF MOBILE AND BROADBAND SERV7 ICES IN UNDERSERVED RURAL AREAS. 

8 (a) DEFINITIONS.—In this section: 

9 (1) BROADBAND INTERNET ACCESS SERVICE.— 

10 The term ‘‘broadband Internet access service’’— 

11 (A) means a mass-market retail service by 

12 wire or radio that provides the capability to 

13 transmit data to, and receive data from, all or 

14 substantially all Internet endpoints, including 

15 any capabilities that are incidental to, and en16 able the operation of, the communications serv17 ice; 

18 (B) includes any service that the Commis19 sion finds to provide a functional equivalent of 

20 the service described in subparagraph (A); and 

21 (C) does not include dial-up Internet ac22 cess service. 

23 (2) COMMERCIAL MOBILE DATA SERVICE.—The 

24 term ‘‘commercial mobile data service’’ has the 

25 meaning given the term in section 6001 of the MidVerDate Sep 11 2014 23:48 Oct 09, 2018 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S2418.RS S2418

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1 dle Class Tax Relief and Job Creation Act of 2012 

2 (47 U.S.C. 1401). 

3 (3) COMMERCIAL MOBILE SERVICE.—The term 

4 ‘‘commercial mobile service’’ has the meaning given 

5 the term in section 332(d) of the Communications 

6 Act of 1934 (47 U.S.C. 332(d)). 

7 (4) COMMISSION.—The term ‘‘Commission’’ 

8 means the Federal Communications Commission. 

9 (5) RURAL TELEPHONE COMPANY.—The term 

10 ‘‘rural telephone company’’ has the meaning given 

11 the term in section 3 of the Communications Act of 

12 1934 (47 U.S.C. 153). 

13 (6) SERVICE AREA.—The term ‘‘service area’’ 

14 has the meaning given the term in section 214(e) of 

15 the Communications Act of 1934 (47 U.S.C. 

16 214(e)). 

17 (b) ESTABLISHMENT OF STANDARD.—Not later than 

18 180 days after the date of enactment of this Act, the Com19 mission shall promulgate regulations that establish a na20 tional standard to determine, with respect to access to uni21 versal service in rural, insular, and high-cost areas under 

22 section 254(b)(3) of the Communications Act of 1934 (47 

23 U.S.C. 254(b)(3)), whether commercial mobile services, 

24 commercial mobile data services, and broadband Internet 


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1 access services available in rural areas are reasonably com2 parable to those services provided in urban areas. 

3 (c) UNDERSERVED RURAL AREAS.—The standard 

4 established under subsection (b) shall— 

5 (1) define a rural area as any area that is— 

6 (A) a rural area, as defined in section 

7 54.600(b)(1) of title 47, Code of Federal Regu8 lations, as in effect on the date of enactment of 

9 this Act; or 

10 (B) a service area that is served by a rural 

11 telephone company; 

12 (2) define a rural area as underserved, with re13 spect to a service described in subsection (b), if serv14 ice that meets or exceeds the standard established 

15 under that subsection is not available in the area; 

16 and 

17 (3) provide that a rural area shall be considered 

18 underserved, with respect to a service described in 

19 subsection (b), if tests show that the service avail20 able in the area does not meet or exceed the applica21 ble average determined under subsection (d)(1) with 

22 respect to that service. 

23 (d) DATA FROM URBAN AREAS.—The Commission 

24 shall— 


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1 (1) gather data on the average signal strength 

2 and average speed of commercial mobile service and 

3 commercial mobile data service, and on the average 

4 speed of broadband Internet access service, provided 

5 in the 20 most populous metropolitan statistical 

6 areas in the United States; and 

7 (2) specify in the standard established under 

8 subsection (b) that— 

9 (A) commercial mobile service or commer10 cial mobile data service available in a rural area 

11 is reasonably comparable to that service pro12 vided in an urban area only if the average sig13 nal strength and average speed with respect to 

14 the service in the rural area meets or exceeds 

15 the average determined under paragraph (1) 

16 with respect to that service; and 

17 (B) broadband Internet access service 

18 available in a rural area is reasonably com19 parable to that service provided in an urban 

20 area only if the average speed with respect to 

21 the service in the rural area meets or exceeds 

22 the average determined under paragraph (1) 

23 with respect to that service. 


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1 (e) PERIODIC UPDATING OF DATA.—The Commis2 sion shall periodically update the data gathered under sub3 section (d)(1). 

4 SECTION 1. SHORT TITLE. 

5 This Act may be cited as the ‘‘Rural Reasonable and 

6 Comparable Wireless Access Act of 2018’’. 

7 SEC. 2. AVAILABILITY OF MOBILE BROADBAND SERVICE IN 

8 UNDERSERVED RURAL AREAS. 

9 (a) DEFINITIONS.— 

10 (1) IN GENERAL.—In this section: 

11 (A) COMMISSION.—The term ‘‘Commission’’ 

12 means the Federal Communications Commission. 

13 (B) RURAL TELEPHONE COMPANY.—The 

14 term ‘‘rural telephone company’’ has the mean15 ing given the term in section 3 of the Commu16 nications Act of 1934 (47 U.S.C. 153). 

17 (C) SERVICE AREA.—The term ‘‘service 

18 area’’ has the meaning given the term in section 

19 214(e) of the Communications Act of 1934 (47 

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

21 (2) MOBILE BROADBAND SERVICE.—The Com22 mission shall define the term ‘‘mobile broadband serv23 ice’’ for purposes of this section. 

24 (b) ESTABLISHMENT OF STANDARD.— 


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1 (1) COMMENCEMENT OF RULEMAKING.—Not 

2 later than 180 days after the date of enactment of this 

3 Act, the Commission shall commence a rulemaking to 

4 establish a national standard to determine, with re5 spect to access to universal service in rural, insular, 

6 and high cost areas under section 254(b)(3) of the 

7 Communications Act of 1934 (47 U.S.C. 254(b)(3)), 

8 whether mobile broadband service available in rural 

9 areas is reasonably comparable to mobile broadband 

10 service provided in urban areas. 

11 (2) PROGRESS REPORTS.—Not less frequently 

12 than once every 180 days after commencing the rule13 making under paragraph (1), the Commission shall 

14 submit to Congress a report on the progress of the 

15 Commission in establishing the standard under that 

16 paragraph. 

17 (c) CONSIDERATIONS.—In establishing a standard 

18 under subsection (b), the Commission shall consider— 

19 (1) defining a rural area as any area— 

20 (A) in which a school or library designated 

21 as ‘‘rural’’ under section 54.505(b)(3)(i) of title 

22 47, Code of Federal Regulations, as in effect on 

23 the date of enactment of this Act, is located; or 

24 (B) that is a service area that is served by 

25 a rural telephone company; 


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1 (2) defining a rural area as underserved, with 

2 respect to mobile broadband service, if mobile 

3 broadband service that meets or exceeds the standard 

4 established under subsection (b) is not available in the 

5 area; and 

6 (3) providing that a rural area shall be consid7 ered underserved, with respect to mobile broadband 

8 service, if tests show that the average speed and signal 

9 strength of mobile broadband service available in the 

10 area do not meet or exceed the average speed and sig11 nal strength of mobile broadband service provided in 

12 the 20 most populous metropolitan statistical areas in 

13 the United States. 

14 (d) DATA FROM URBAN AREAS.—To help inform the 

15 standard established under subsection (b), the Commission 

16 shall gather, and periodically update, data on mobile 

17 broadband service provided in the 20 most populous metro18 politan statistical areas in the United States. 


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Calendar No. 626 

115TH CONGRESS 

2D SESSION S. 2418 

[Report No. 115–345] 

A BILL 

To direct the Federal Communications Commission 

vided in urban areas. are reasonably comparable to those services proand broadband services available in rural areas tional standard for determining whether mobile to promulgate regulations that establish a naOCTOBER 9, 2018 

Reported with an amendment 


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