I 

114TH CONGRESS 

1ST SESSION H. R. 2638 

To amend the Communications Act of 1934 to reform and modernize the 

Universal Service Fund Lifeline Assistance Program. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 3, 2015 

Ms. MATSUI (for herself, Mr. PALLONE, Ms. ESHOO, Mr. MICHAEL F. DOYLE

of Pennsylvania, Mr. BEN RAY LUJA ́N of New Mexico, and Mr. WELCH) 

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

A BILL 

To amend the Communications Act of 1934 to reform and 

modernize the Universal Service Fund Lifeline Assistance 

Program. 

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 ‘‘Broadband Adoption 

5 Act of 2015’’. 

6 SEC. 2. BROADBAND LIFELINE ASSISTANCE PROGRAM. 

7 Section 254(j) of the Communications Act of 1934 

8 (47 U.S.C. 254(j)) is amended to read as follows: 

9 ‘‘(j) LIFELINE ASSISTANCE.— 


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1 ‘‘(1) IN GENERAL.—Nothing in this section, 

2 other than paragraph (2) of this subsection, shall af3 fect the collection, distribution, or administration of 

4 the Lifeline program of the Commission set forth 

5 under sections 54.400 through 54.417 of title 47, 

6 Code of Federal Regulations, or any successor there7 to. 

8 ‘‘(2) BROADBAND LIFELINE ASSISTANCE PRO9 GRAM.— 

10 ‘‘(A) DEFINITIONS.—In this paragraph— 

11 ‘‘(i) the term ‘broadband Internet ac12 cess service’ has the meaning given that 

13 term under section 8.11(a) of title 47, 

14 Code of Federal Regulations, or any suc15 cessor thereto; 

16 ‘‘(ii) the terms ‘duplicative support’ 

17 and ‘qualifying low-income consumer’ have 

18 the meanings given those terms in section 

19 54.400 of title 47, Code of Federal Regula20 tions, or any successor thereto; 

21 ‘‘(iii) the term ‘Lifeline program’ 

22 means the Lifeline program of the Com23 mission set forth under sections 54.400 

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1 eral Regulations, or any successor thereto; 

2 and 

3 ‘‘(iv) the term ‘participating broad4 band Internet access service provider’ 

5 means a provider of broadband Internet 

6 access service that elects to participate in 

7 the Lifeline program to provide broadband 

8 Internet access service to qualifying low-in9 come consumers under the final rule 

10 adopted under subparagraph (C)(i). 

11 ‘‘(B) PURPOSE.—The purpose of this para12 graph is to promote the adoption of broadband 

13 Internet access service by all people of the 

14 United States while recognizing that the price 

15 of broadband Internet access service is one of 

16 the barriers to adoption for low-income house17 holds. 

18 ‘‘(C) ESTABLISHMENT.— 

19 ‘‘(i) IN GENERAL.—Not later than 

20 270 days after the date of enactment of 

21 the Broadband Adoption Act of 2015, the 

22 Commission shall adopt a final rule estab23 lishing Lifeline support under the Lifeline 

24 program for broadband Internet access 

25 service to enable qualifying low-income 


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1 consumers in urban and rural areas to 

2 purchase broadband Internet access service 

3 at reduced charges by reimbursing partici4 pating broadband Internet access service 

5 providers for each such consumer served. 

6 ‘‘(ii) MODEL.—The final rule adopted 

7 under clause (i) shall provide that a quali8 fying low-income consumer may elect to 

9 apply Lifeline support under the Lifeline 

10 program to basic telephone service, voice 

11 telephony service, or broadband Internet 

12 access service, regardless of whether the 

13 service is purchased as a stand-alone serv14 ice or as part of a bundle of services. 

15 ‘‘(iii) DIGITAL LITERACY PROGRAM.— 

16 The Commission shall consider providing a 

17 preference to a participating broadband 

18 Internet access service provider that in19 cludes components involving digital literacy 

20 programs as part of the offerings of the 

21 participating broadband Internet access 

22 service provider. 

23 ‘‘(D) STATE FUNDS.—The Commission 

24 shall consult with the Federal-State Joint 

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1 garding ways to encourage States to develop 

2 programs that would work in conjunction with 

3 the Lifeline program. 

4 ‘‘(E) AMOUNT OF SUPPORT.— 

5 ‘‘(i) IN GENERAL.—In calculating the 

6 amount of Lifeline support to be provided 

7 to each qualifying low-income consumer 

8 under the final rule adopted under sub9 paragraph (C)(i), the Commission shall 

10 routinely study— 

11 ‘‘(I) the prevailing market price 

12 for broadband Internet access service; 

13 ‘‘(II) the prevailing speed of 

14 broadband Internet access service 

15 adopted by households; and 

16 ‘‘(III) the prevailing broadband 

17 usage patterns of residential con18 sumers. 

19 ‘‘(ii) INFORMATION.—In carrying out 

20 clause (i), the Commission shall rely on in21 formation that— 

22 ‘‘(I) the Commission routinely 

23 collects; or 

24 ‘‘(II) is publicly available. 

25 ‘‘(F) TECHNOLOGY NEUTRAL.— 


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1 ‘‘(i) IN GENERAL.—To promote com2 petition from service providers to qualify 

3 under the Lifeline program, the Commis4 sion shall ensure that the final rule adopt5 ed under subparagraph (C)(i) is neutral as 

6 to the types of technology used to provide 

7 voice telephony or broadband Internet ac8 cess service under the Lifeline program. 

9 ‘‘(ii) AUTHORIZATION.—A partici10 pating broadband Internet access service 

11 provider— 

12 ‘‘(I) shall not be required to be 

13 an eligible telecommunications carrier 

14 (as designated under section 214(e)) 

15 to receive support under the Lifeline 

16 program; and 

17 ‘‘(II) shall obtain authorization 

18 from the Commission in order to par19 ticipate in the Lifeline program. 

20 ‘‘(G) ACCOUNTABILITY.— 

21 ‘‘(i) NONDUPLICATION.—The final 

22 rule adopted under subparagraph (C)(i) 

23 shall incorporate regulations of the Com24 mission in effect on the date of enactment 

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1 plicative support under the Lifeline pro2 gram. 

3 ‘‘(ii) PREVENTING WASTE, FRAUD, OR

4 ABUSE.—In promulgating regulations to 

5 carry out this paragraph, the Commission 

6 shall consider any appropriate measures to 

7 prevent any waste, fraud, or abuse in the 

8 administration of the Lifeline program. 

9 ‘‘(iii) ELIGIBILITY.—The Commission, 

10 in consultation with other relevant Federal 

11 agencies, shall establish a national data12 base to determine qualifying low-income 

13 consumer eligibility for Lifeline program 

14 subsidies. 

15 ‘‘(H) EVALUATION REPORTS.—Not later 

16 than 1 year after the Commission adopts the 

17 final rule under subparagraph (C)(i), and every 

18 year thereafter, the Commission shall conduct 

19 an evaluation and issue a report on the per20 formance of the Lifeline program during the 

21 12-month period preceding the date on which 

22 each report is issued. 

23 ‘‘(I) GAO STUDY.—Not later than 1 year 

24 after the Commission adopts the final rule 

25 under subparagraph (C)(i), the Comptroller 


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1 General of the United States shall conduct a 

2 study and issue a report on the performance of 

3 the Lifeline support provided under the Lifeline 

4 program for broadband Internet access service. 

5 ‘‘(3) CLARIFICATION OF AUTHORITY.—Nothing 

6 in this section shall be construed to limit the author7 ity of the Commission under any other provision of 

8 law, including the authority to promulgate regula9 tions to promote the adoption of broadband service 

10 by low-income households in the United States.’’. 

Æ 


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