I 

111TH CONGRESS 

2D SESSION H. R. 4619 

To amend the Communications Act of 1934 to create a pilot program to 

bridge the digital divide by providing vouchers for broadband service 

to eligible students, to increase access to advanced telecommunications 

and information services for community colleges and head start programs, 

to establish a pilot program for discounted electronic books, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 9, 2010 

Mr. MARKEY of Massachusetts (for himself, Mrs. CAPPS, and Ms. MATSUI) 

introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Communications Act of 1934 to create a 

pilot program to bridge the digital divide by providing 

vouchers for broadband service to eligible students, to 

increase access to advanced telecommunications and information services for community colleges and head start 

programs, to establish a pilot program for discounted 

electronic books, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘E-Rate 2.0 Act of 

3 2010’’. 

4 SEC. 2. E-RATE 2.0 PROGRAM FOR INCREASED ADOPTION. 

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

6 (47 U.S.C. 254(h)) is amended— 

7 (1) by redesignating paragraph (7) as para8 graph (10); and 

9 (2) by adding after paragraph (6) the following: 

10 ‘‘(7) DIGITAL DIVIDE MITIGATION.— 

11 ‘‘(A) IN GENERAL.—The Commission shall 

12 implement a pilot program to extend broadband 

13 service to students who— 

14 ‘‘(i) qualify for funding under the fed15 erally subsidized school lunch program; 

16 ‘‘(ii) attend secondary schools that re17 ceive support under this section; and 

18 ‘‘(iii) who possess a computer for use 

19 at home. 

20 ‘‘(B) USE OF FUNDS.—The pilot program 

21 shall distribute funding to such secondary 

22 schools to dispense vouchers to eligible students 

23 to be used for monthly service fees for residen24 tial broadband service for such students. 

25 ‘‘(C) RULES.—The Commission shall pro26 mulgate rules to implement the pilot program, 


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1 including rules to prevent vouchers from being 

2 sold or transferred to non-qualifying individ3 uals. 

4 ‘‘(D) LIMITATIONS.— 

5 ‘‘(i) DURATION.—The pilot program 

6 shall be in effect for a period of 5 years 

7 after the effective date of the regulations 

8 promulgated under subparagraph (C). 

9 ‘‘(ii) MAXIMUM AMOUNT.—There is 

10 authorized to be appropriated to the Com11 mission to implement the pilot program 

12 not more than $500,000,000 per year for 

13 the period described in clause (i).’’. 

14 SEC. 3. ELIGIBILITY FOR DISCOUNTED RATES FOR COMMU15 NITY COLLEGES AND HEAD START PRO16 GRAMS. 

17 (a) IN GENERAL.—Section 254(h) of such Act (47 

18 U.S.C. 254(h)) is further amended— 

19 (1) in paragraph (2)(A), by striking ‘‘class20 rooms,’’ and inserting ‘‘classrooms, community col21 leges, head start programs’’; and 

22 (2) in paragraph (10) (as redesignated under 

23 section 2(1))— 


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1 (A) in subparagraph (C), by striking 

2 ‘‘school,’’ and inserting ‘‘school, a community 

3 college, a head start program’’; and 

4 (B) by adding at the end the following: 

5 ‘‘(J) COMMUNITY COLLEGE.—The term 

6 ‘community college’ has the meaning given the 

7 term ‘junior or community college’ in section 

8 312 of the Higher Education Act of 1965 (20 

9 U.S.C. 1058). 

10 ‘‘(K) HEAD START PROGRAM.—The term 

11 ‘head start program’ means any local public or 

12 private nonprofit agency that is designated by 

13 the Secretary of Health and Human Services as 

14 a Head Start agency under section 641 of the 

15 Head Start Act (42 U.S.C. 9836).’’. 

16 (b) PILOT PROJECT.—Section 254(h) of such Act (47 

17 U.S.C. 254(h)) is further amended by inserting after para18 graph (7), as added by section 2, the following: 

19 ‘‘(8) COMMUNITY COLLEGES AND HEAD START

20 PROGRAMS PILOT PROJECT.— 

21 ‘‘(A) IN GENERAL.—The Commission shall 

22 implement a pilot project, not to exceed 

23 $150,000,000 in any one year, to extend fund24 ing for broadband equipment and services 

25 under this section to those community college 


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1 or head start program applicants who best dem2 onstrate need, maximization potential of 

3 broadband use consistent with their educational 

4 mission, and innovation with respect to use of 

5 broadband, web-based information and applica6 tions. 

7 ‘‘(B) RULEMAKING REQUIRED.—The Com8 mission shall adopt rules as necessary to imple9 ment this paragraph. 

10 ‘‘(C) SPECIFICATION.—For the first 5 

11 years after the date of enactment of the E-Rate 

12 2.0 Act of 2010, community colleges and head 

13 start programs shall receive funding for 

14 broadband equipment and services from the 

15 Federal government exclusively through this 

16 pilot project.’’. 

17 SEC. 4. ELECTRONIC BOOKS PILOT PROJECT. 

18 Section 254(h) of the Communications Act of 1934 

19 (47 U.S.C. 254(h)) is further amended by inserting after 

20 paragraph (8), as added by section 3, the following: 

21 ‘‘(9) E-BOOKS FOR E-RATE.— 

22 ‘‘(A) IN GENERAL.—The Commission shall 

23 implement a pilot project, not to exceed 

24 $50,000,000 in any one year, to extend to those 

25 secondary school applicants for funding under 


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1 this section that are eligible for the highest per2 centage discounted rates under the Commis3 sion’s regulations implementing this section an 

4 opportunity to apply for meaningfully dis5 counted services and technologies for the use of 

6 electronic books. 

7 ‘‘(B) RULEMAKING REQUIRED.—The Com8 mission shall adopt such rules as may be nec9 essary to implement this paragraph, including 

10 rules assuring that such technologies and serv11 ices are incorporated into the course curricula 

12 of the applying secondary school and that im13 plementation is on a technology-neutral basis. 

14 ‘‘(C) DURATION; REPORT.— 

15 ‘‘(i) IN GENERAL.—The pilot project 

16 shall last 4 years in duration. 

17 ‘‘(ii) REPORT.—At the end of the 

18 third year of the operation of the pilot 

19 project, the Commission shall prepare and 

20 submit to Congress a report assessing the 

21 project. The report shall include metrics to 

22 gauge the impact on digital literacy and 

23 overall learning associated with the student 

24 use of the electronic books project. 


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1 ‘‘(D) RULEMAKING REQUIRED.—The Com2 mission shall commence and complete a rule3 making in the final year of the pilot project and 

4 determine whether the program should be ex5 tended or terminated, and if extended, what ad6 ditional entities should be eligible for funding, 

7 what level of funding is reasonable and afford8 able for such program, and what other modi9 fications to the program are warranted con10 sistent with the public interest.’’. 

11 SEC. 5. IMPROVED ADMINISTRATION OF E-RATE APPLICA12 TION PROCESS. 

13 (a) IN GENERAL.—Not later than 6 months after the 

14 date of enactment of this Act, the Federal Communica15 tions Commission shall develop and implement policies and 

16 procedures to streamline and simplify the application proc17 ess under section 254(h) of the Communications Act of 

18 1934 (commonly known as the ‘‘E-Rate program’’) for the 

19 purpose of— 

20 (1) improving administration of the program; 

21 (2) increasing access to the benefits of the pro22 gram; 

23 (3) minimizing the burden on applicants; and 

24 (4) maintaining measures to eliminate waste, 

25 fraud, and abuse. 


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1 (b) SPECIFIC MODIFICATIONS.—In carrying out sub2 section (a), the Federal Communications Commission shall 

3 consider whether the mission and goals of the E-Rate pro4 gram would be better served by the following modifications 

5 to the administration of the program: 

6 (1) The establishment of a multi-year applica7 tion for Priority One services such that applicants 

8 would be required to submit funding requests only 

9 once every 3 years for recurring services (such as 

10 telephone and Internet access services). 

11 (2) The use of an interactive Web site for com12 municating with applicants. 

13 (3) The deployment of interactive technology 

14 tools, such as online application forms, as part of 

15 the application process to reduce the use of paper16 based means of communication and to improve the 

17 ability of applicants to receive clear and current in18 formation regarding their applications and the E19 Rate program. 

20 SEC. 6. E-RATE FUND CAP MODIFICATION. 

21 (a) IN GENERAL.—Not later than 6 months after the 

22 date of enactment of this Act, the Federal Communica23 tions Commission shall complete a proceeding to revise the 

24 amount of the cap provided for in section 54.507(a) of 


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1 title 47, Code of Federal Regulations, to account for infla2 tion. 

3 (b) REPORT TO CONGRESS.—Not later than 30 days 

4 after completing the proceeding required by subsection 

5 (a), the Federal Communications Commission shall submit 

6 a report to Congress explaining what methodology the 

7 Commission will use to determine the appropriate adjust8 ment under such subsection. 

Æ 


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