I 

116TH CONGRESS 

1ST SESSION H. R. 4229 

To require the Federal Communications Commission to issue rules relating 

to the collection of data with respect to the availability of broadband 

services, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 6, 2019 

Mr. LOEBSACK (for himself, Mr. LATTA, Mr. MCEACHIN, and Mr. LONG) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To require the Federal Communications Commission to issue 

rules relating to the collection of data with respect to 

the availability of broadband services, 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 ‘‘Broadband Deploy5 ment Accuracy and Technological Availability Act’’ or the 

6 ‘‘Broadband DATA Act’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 


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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 MAP.—The term ‘‘Broadband 

7 Map’’ means the map created by the Commission 

8 under section 3(c)(1)(A). 

9 (3) CELL EDGE PROBABILITY.—The term ‘‘cell 

10 edge probability’’ means the likelihood that the min11 imum threshold download and upload speeds with 

12 respect to broadband internet access service will be 

13 met or exceeded at a distance from a base station 

14 that is intended to indicate the ultimate edge of the 

15 coverage area of a cell. 

16 (4) CELL LOADING.—The term ‘‘cell loading’’ 

17 means the percentage of the available air interface 

18 resources of a base station that are used by con19 sumers with respect to broadband internet access 

20 service. 

21 (5) CLUTTER.—The term ‘‘clutter’’ means a 

22 natural or man-made surface feature that affects the 

23 propagation of a signal from a base station. 

24 (6) COMMISSION.—The term ‘‘Commission’’ 

25 means the Federal Communications Commission. 


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1 (7) FABRIC.—The term ‘‘Fabric’’ means the 

2 Broadband Serviceable Location Fabric established 

3 under section 3(b)(1)(B). 

4 (8) FORM 477.—The term ‘‘Form 477’’ means 

5 Form 477 of the Commission relating to local tele6 phone competition and broadband reporting. 

7 (9) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

8 has the meaning given the term ‘‘Indian tribe’’ in 

9 section 4 of the Indian Self-Determination and Edu10 cation Assistance Act (25 U.S.C. 5304). 

11 (10) MOBILITY FUND PHASE II.—The term 

12 ‘‘Mobility Fund Phase II’’ means the second phase 

13 of the proceeding to provide universal service sup14 port from the Mobility Fund (WC Docket No. 10– 

15 90; WT Docket No. 10–208). 

16 (11) PROPAGATION MODEL.—The term ‘‘propa17 gation model’’ means a mathematical formulation 

18 for the characterization of radio wave propagation as 

19 a function of frequency, distance, and other condi20 tions. 

21 (12) PROVIDER.—The term ‘‘provider’’ means a 

22 provider of fixed or mobile broadband internet access 

23 service. 

24 (13) QUALITY OF SERVICE.—The term ‘‘quality 

25 of service’’ means information regarding offered 


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1 download and upload speeds and latency of a pro2 vider’s broadband internet access service as deter3 mined by and to the extent otherwise collected by 

4 the Commission. 

5 (14) SHAPEFILE.—The term ‘‘shapefile’’ means 

6 a digital storage format containing geospatial or lo7 cation-based data and attribute information— 

8 (A) regarding the availability of broadband 

9 internet access service; and 

10 (B) that can be viewed, edited, and 

11 mapped in geographic information system soft12 ware. 

13 (15) STANDARD BROADBAND INSTALLATION.— 

14 The term ‘‘standard broadband installation’’— 

15 (A) means the initiation by a provider of 

16 new fixed broadband internet access service 

17 with no charges or delays attributable to the ex18 tension of the network of the provider; and 

19 (B) includes the initiation of fixed 

20 broadband internet access service through rou21 tine installation that can be completed not later 

22 than 10 business days after the date on which 

23 the service request is submitted. 

24 SEC. 3. BROADBAND MAPS. 

25 (a) RULES.— 


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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of enactment of this Act, the Commis3 sion shall issue final rules that shall— 

4 (A) in a manner that balances public ac5 cess to data with adequate protections for pri6 vacy and for confidential or competitively sen7 sitive information, require the collection and 

8 dissemination of granular data, as determined 

9 by the Commission— 

10 (i) relating to the availability and 

11 quality of service of terrestrial fixed, fixed 

12 wireless, satellite, and mobile broadband 

13 internet access service; and 

14 (ii) that the Commission shall use to 

15 compile the maps created under subsection 

16 (c)(1) (referred to in this section as ‘‘cov17 erage maps’’), which the Commission shall 

18 make publicly available; and 

19 (B) establish— 

20 (i) processes through which the Com21 mission can verify the accuracy of data 

22 submitted under subsection (b)(2); 

23 (ii) processes and procedures through 

24 which the Commission, and, as necessary, 

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1 mation under this Act, can protect the se2 curity, privacy, and confidentiality of— 

3 (I) information contained in the 

4 Fabric; 

5 (II) the dataset created under 

6 subsection (b)(1) supporting the Fab7 ric; and 

8 (III) the data submitted under 

9 subsection (b)(2); 

10 (iii) the challenge process described in 

11 subsection (b)(5); and 

12 (iv) the process described in section 

13 4(b). 

14 (2) OTHER DATA.—In issuing the rules under 

15 paragraph (1), the Commission shall develop a proc16 ess through which the Commission can collect 

17 verified data for use in the coverage maps from— 

18 (A) State, local, and Tribal governmental 

19 entities that are primarily responsible for map20 ping or tracking broadband internet access 

21 service coverage for a State, unit of local gov22 ernment, or Indian Tribe, as applicable; 

23 (B) third parties, including industry anal24 ysis mapping or tracking broadband internet 

25 access service coverage and quality of service, if 


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1 the Commission determines that it is in the 

2 public interest to use such data in— 

3 (i) the development of the coverage 

4 maps; or 

5 (ii) the verification of data submitted 

6 under subsection (b); and 

7 (C) other Federal agencies. 

8 (3) UPDATES.—The Commission shall revise 

9 the rules issued under paragraph (1) to— 

10 (A) reflect changes in technology; 

11 (B) ensure the accuracy of propagation 

12 models, as further provided in subsection 

13 (b)(3); and 

14 (C) improve the usefulness of the coverage 

15 maps. 

16 (b) CONTENT OF RULES.— 

17 (1) ESTABLISHMENT OF A SERVICEABLE LOCA18 TION FABRIC REGARDING FIXED BROADBAND.— 

19 (A) DATASET.— 

20 (i) IN GENERAL.—The Commission 

21 shall create a common dataset of all loca22 tions in the United States where fixed 

23 broadband internet access service can be 

24 installed, as determined by the Commis25 sion. 


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1 (ii) CONTRACTING.— 

2 (I) IN GENERAL.—Subject to 

3 subclauses (II) and (III), the Commis4 sion may contract with an entity with 

5 expertise with respect to geographic 

6 information systems (referred to in 

7 this subsection as ‘‘GIS’’) to create 

8 and maintain the dataset under clause 

9 (i). 

10 (II) APPLICATION OF THE FED11 ERAL ACQUISITION REGULATION.—A 

12 contract into which the Commission 

13 enters under subclause (I) shall in all 

14 respects comply with applicable provi15 sions of the Federal Acquisition Regu16 lation. 

17 (III) LIMITATIONS.—With re18 spect to a contract into which the 

19 Commission enters under subclause 

20 (I)— 

21 (aa) the entity with which 

22 the Commission contracts shall 

23 be selected through a competitive 

24 bid process that is transparent 

25 and open; and 


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1 (bb) the contract shall be for 

2 a term of not longer than 5 

3 years, after which the Commis4 sion may enter into a new con5 tract— 

6 (AA) with an entity, 

7 and for the purposes, de8 scribed in clause (i); and 

9 (BB) that complies 

10 with the requirements under 

11 subclause (II) and this sub12 clause. 

13 (B) FABRIC.—The rules issued by the 

14 Commission under subsection (a)(1) shall estab15 lish the Broadband Serviceable Location Fab16 ric, which shall— 

17 (i) contain geocoded information for 

18 each location identified under subpara19 graph (A)(i); 

20 (ii) serve as the foundation upon 

21 which all data relating to the availability of 

22 fixed broadband internet access service col23 lected under paragraph (2)(A) shall be re24 ported and overlaid; 


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1 (iii) be compatible with commonly 

2 used GIS software; and 

3 (iv) at a minimum, be updated every 

4 6 months by the Commission. 

5 (C) IMPLEMENTATION PRIORITY.—The 

6 Commission shall prioritize implementing the 

7 Fabric for rural and insular areas of the United 

8 States. 

9 (2) COLLECTION OF INFORMATION.—The rules 

10 issued by the Commission under subsection (a)(1) 

11 shall include uniform standards for the reporting of 

12 broadband internet access service data that the 

13 Commission shall collect— 

14 (A) from each provider of terrestrial fixed, 

15 fixed wireless, or satellite broadband internet 

16 access service, which shall include data that— 

17 (i) documents the areas where the 

18 provider— 

19 (I) has actually built out the 

20 broadband network infrastructure of 

21 the provider such that the provider is 

22 able to provide that service; and 

23 (II) could provide that service, as 

24 determined by identifying where the 

25 provider is capable of performing a 


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1 standard broadband installation, if ap2 plicable; 

3 (ii) includes information regarding 

4 download and upload speeds, at various 

5 thresholds established by the Commission, 

6 and if applicable, latency with respect to 

7 broadband internet access service that the 

8 provider makes available; 

9 (iii) can be georeferenced to the GIS 

10 data in the Fabric; 

11 (iv) the provider shall report as— 

12 (I) with respect to providers of 

13 fixed wireless broadband internet ac14 cess service— 

15 (aa) propagation maps and 

16 propagation model details that— 

17 (AA) satisfy standards 

18 that are similar to those ap19 plicable to providers of mo20 bile broadband internet ac21 cess service under subpara22 graph (B) with respect to 

23 propagation maps and prop24 agation model details, taking 

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1 ferences between fixed wire2 less and mobile broadband 

3 internet access service; and 

4 (BB) reflect the speeds 

5 and latency of the service 

6 provided by the provider; or 

7 (bb) a list of addresses or lo8 cations that constitute the service 

9 area of the provider, except that 

10 the Commission— 

11 (AA) may only permit, 

12 and not require, a provider 

13 to report the data using that 

14 means of reporting; and 

15 (BB) in the rules 

16 issued under subsection 

17 (a)(1), shall provide a meth18 od for using that means of 

19 reporting with respect to 

20 Tribal areas; and 

21 (II) with respect to providers of 

22 terrestrial fixed and satellite 

23 broadband internet access service— 

24 (aa) polygon shapefiles; or 


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1 (bb) a list of addresses or lo2 cations that constitute the service 

3 area of the provider, except that 

4 the Commission— 

5 (AA) may only permit, 

6 and not require, a provider 

7 to report the data using that 

8 means of reporting; and 

9 (BB) in the rules 

10 issued under subsection 

11 (a)(1), shall provide a meth12 od for using that means of 

13 reporting with respect to 

14 Tribal areas; and 

15 (v) the Commission determines is ap16 propriate with respect to certain tech17 nologies in order to ensure that the 

18 Broadband Map is granular and accurate; 

19 and 

20 (B) from each provider of mobile 

21 broadband internet access service, which shall 

22 include propagation maps, and the propagation 

23 models on which those maps are based, that in24 dicate the current (as of the date on which the 

25 information is collected) fourth generation 


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1 Long-Term Evolution (commonly referred to as 

2 ‘‘4G LTE’’) mobile broadband internet access 

3 service coverage of the provider, which shall— 

4 (i) take into consideration the effect 

5 of clutter; and 

6 (ii) satisfy— 

7 (I) the requirements of having— 

8 (aa) a download speed of 5 

9 megabits per second and an 

10 upload speed of 1 megabit per 

11 second with a cell edge prob12 ability of not less than 90 per13 cent; and 

14 (bb) cell loading of 50 per15 cent; and 

16 (II) any other parameter that the 

17 Commission determines to be nec18 essary to create a map under sub19 section (c)(1)(C) that is more precise 

20 than the map produced as a result of 

21 the submissions under the Mobility 

22 Fund Phase II information collection. 

23 (3) UPDATE OF REPORTING STANDARDS FOR

24 MOBILE BROADBAND INTERNET ACCESS SERVICE.— 

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1 mission determines that the reporting standards 

2 under that paragraph are insufficient to collect accu3 rate propagation maps and propagation model de4 tails with respect to future generations of mobile 

5 broadband internet access service technologies, the 

6 Commission shall immediately commence a rule7 making to adopt new reporting standards with re8 spect to those technologies that— 

9 (A) shall be the functional equivalent of 

10 the standards required under paragraph (2)(B); 

11 and 

12 (B) allow for the collection of propagation 

13 maps and propagation model details that are as 

14 accurate and granular as, or more accurate and 

15 granular than, the maps and model details col16 lected by the Commission under such paragraph 

17 (2)(B). 

18 (4) CERTIFICATION AND VERIFICATION.—With 

19 respect to a provider that submits information to the 

20 Commission under paragraph (2)— 

21 (A) the provider shall include in each sub22 mission a certification from a corporate officer 

23 of the provider that the officer has examined 

24 the information contained in the submission 

25 and that, to the best of the officer’s actual 


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1 knowledge, information, and belief, all state2 ments of fact contained in the submission are 

3 true and correct; and 

4 (B) the Commission shall verify the accu5 racy and reliability of the information in ac6 cordance with measures established by the 

7 Commission. 

8 (5) CHALLENGE PROCESS.— 

9 (A) IN GENERAL.—In the rules issued 

10 under subsection (a), and subject to subpara11 graph (B), the Commission shall establish a 

12 user-friendly challenge process through which 

13 consumers, State, local, and Tribal govern14 mental entities, and other entities may submit 

15 coverage data to the Commission to challenge 

16 the accuracy of— 

17 (i) the coverage maps; 

18 (ii) any information submitted by a 

19 provider regarding the availability of 

20 broadband internet access service; or 

21 (iii) the information included in the 

22 Fabric. 

23 (B) CONSIDERATIONS; VERIFICATION; RE24 SPONSE TO CHALLENGES.—In establishing the 


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1 challenge process required under subparagraph 

2 (A), the Commission shall— 

3 (i) consider— 

4 (I) the types of information that 

5 an entity submitting a challenge 

6 should provide to the Commission in 

7 support of the challenge; 

8 (II) the appropriate level of gran9 ularity for the information described 

10 in subclause (I); 

11 (III) the need to mitigate the 

12 time and expense incurred by, and the 

13 administrative burdens placed on, en14 tities in— 

15 (aa) challenging the accu16 racy of a coverage map; and 

17 (bb) responding to chal18 lenges described in item (aa); and 

19 (IV) the costs to consumers and 

20 providers resulting from a 

21 misallocation of funds because of a re22 liance on outdated or otherwise inac23 curate information in the coverage 

24 maps; 


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1 (ii) include a process for verifying the 

2 data submitted through the challenge proc3 ess in order to ensure the reliability of that 

4 data; 

5 (iii) allow providers to respond to 

6 challenges submitted through the challenge 

7 process; and 

8 (iv) develop an online mechanism, 

9 which— 

10 (I) shall be integrated into the 

11 coverage maps; and 

12 (II) allows for an entity described 

13 in subparagraph (A) to submit a chal14 lenge under the challenge process. 

15 (C) USE OF CHALLENGES.—The rules 

16 issued to establish the challenge process under 

17 subparagraph (A) shall include— 

18 (i) a process for the speedy resolution 

19 of challenges; and 

20 (ii) a process for the regular and ex21 peditious updating of the coverage maps 

22 and granular data the Commission dis23 seminates as challenges are resolved. 

24 (6) REFORM OF FORM 477 PROCESS.— 


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1 (A) IN GENERAL.—Not later than 180 

2 days after the date on which the rules issued 

3 under subsection (a) take effect, the Commis4 sion shall— 

5 (i) reform the Form 477 broadband 

6 deployment service availability collection 

7 process of the Commission to achieve the 

8 purposes of this Act and in a manner that 

9 enables the comparison of data and maps 

10 produced before the implementation of this 

11 Act with data and coverage maps produced 

12 after the implementation of this Act; and 

13 (ii) harmonize reporting requirements 

14 and procedures regarding the deployment 

15 of broadband internet access service that, 

16 as of the date on which the rules issued 

17 under subsection (a) take effect, are in ef18 fect. 

19 (B) CONTINUED COLLECTION AND RE20 PORTING.—On and after the date on which the 

21 Commission carries out subparagraph (A), the 

22 Commission shall continue to collect and pub23 licly report subscription data that the Commis24 sion collected through the Form 477 broadband 


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1 deployment service availability process, as in ef2 fect on July 1, 2019. 

3 (c) MAPS.—The Commission shall— 

4 (1) create— 

5 (A) the Broadband Map, which shall de6 pict— 

7 (i) the extent of the availability of 

8 broadband internet access service in the 

9 United States, without regard to whether 

10 that service is fixed broadband internet ac11 cess service or mobile broadband internet 

12 access service, which shall be based on 

13 data collected by the Commission from all 

14 providers; and 

15 (ii) the areas of the United States 

16 that remain unserved by providers; 

17 (B) a map that depicts the availability of 

18 fixed broadband internet access service, which 

19 shall be based on data collected by the Commis20 sion from providers under subsection (b)(2)(A); 

21 and 

22 (C) a map that depicts the availability of 

23 mobile broadband internet access service, which 

24 shall be based on data collected by the Commis25 sion from providers under subsection (b)(2)(B); 


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1 (2) use the maps created under paragraph 

2 (1)— 

3 (A) to determine the areas in which terres4 trial fixed, fixed wireless, mobile, and satellite 

5 broadband internet access service is and is not 

6 available; and 

7 (B) when making any new award of fund8 ing with respect to the deployment of 

9 broadband internet access service; 

10 (3) update the maps created under paragraph 

11 (1) not less frequently than biannually using the 

12 most recent data collected from providers under sub13 section (b)(2); 

14 (4) establish a process requiring the Depart15 ment of Agriculture and the National Telecommuni16 cations and Information Administration to consult 

17 the maps created under paragraph (1) when, as of 

18 the date on which the process is established or on 

19 any future date, distributing funds relating to the 

20 deployment of broadband internet access service 

21 under any program administered by the Rural Utili22 ties Service or the Administration, respectively; 

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1 tional Telecommunications and Information Admin2 istration; and 

3 (6) make public at an appropriate level of gran4 ularity— 

5 (A) the maps created under paragraph (1); 

6 and 

7 (B) the data collected by the Commission 

8 with respect to broadband internet access serv9 ice availability and quality of service. 

10 (d) DELAYED EFFECTIVE DATE OF QUALITY OF

11 SERVICE RULES.—Any requirement of a rule relating to 

12 quality of service issued under subsection (a) shall take 

13 effect not earlier than the date that is 180 days after the 

14 date on which the Commission issues such rule. 

15 SEC. 4. IMPROVING DATA ACCURACY. 

16 (a) AUDITS.—The Commission shall conduct regular 

17 audits of information submitted to the Commission by pro18 viders under section (3)(b)(2) to ensure that the providers 

19 are complying with this Act. 

20 (b) CROWDSOURCING.— 

21 (1) IN GENERAL.—The Commission shall de22 velop a process through which persons in the United 

23 States may submit specific information about the de24 ployment and availability of broadband internet ac25 cess service in the United States so that the inforVerDate Sep 11 2014 23:54 Sep 06, 2019 Jkt 089200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H4229.IH H4229

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1 mation may be used to verify and supplement infor2 mation provided by providers of broadband internet 

3 access service for inclusion in the maps created 

4 under section 3(c)(1). 

5 (2) COLLABORATION.—As part of the efforts of 

6 the Commission to facilitate the ability of persons to 

7 submit information under paragraph (1), the Com8 mission shall issue guidance and other information 

9 as appropriate to ensure that the information sub10 mitted is uniform and consistent with the data sub11 mitted by providers under section 3(b)(2). 

12 (c) TECHNICAL ASSISTANCE TO INDIAN TRIBES.— 

13 (1) IN GENERAL.—Subject to paragraph (2), 

14 the Commission shall hold workshops for Tribal gov15 ernments in each of the 12 Bureau of Indian Affairs 

16 regions to provide technical assistance with the col17 lection and submission of data under section 3(a)(2). 

18 (2) ANNUAL REVIEW.—Each year, the Commis19 sion, in consultation with Indian Tribes, shall review 

20 the need for continued workshops required under 

21 paragraph (1). 

22 (d) TECHNICAL ASSISTANCE TO SMALL SERVICE

23 PROVIDERS.—The Commission shall establish a process 

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1 quest and receive assistance from the Commission with re2 spect to geographic information system data processing to 

3 ensure that the provider is able to comply with the require4 ments under section 3(b) in a timely and accurate manner. 

5 SEC. 5. COST. 

6 (a) IN GENERAL.—Beginning with the first full fiscal 

7 year after the date of enactment of this Act, the Commis8 sion shall include in the budget submission of the Commis9 sion to the President under sections 1105(a) and 1108 

10 of title 31, United States Code, amounts sufficient to en11 sure the proper and continued functioning of the respon12 sibilities of the Commission under this Act. 

13 (b) COST OF FABRIC.— 

14 (1) USF.—The Commission may not use funds 

15 from the universal service programs of the Commis16 sion established under section 254 of the Commu17 nications Act of 1934 (47 U.S.C. 254), and the reg18 ulations issued under that section, to pay for any 

19 costs associated with this Act. 

20 (2) OTHER FUNDS.—The Commission may re21 cover costs associated with this Act under section 9 

22 of the Communications Act of 1934 (47 U.S.C. 9) 

23 to the extent provided for in an appropriation Act, 

24 as required under subsection (a) of that section. 


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1 SEC. 6. OTHER PROVISIONS. 

2 (a) OMB.—Notwithstanding any other provision of 

3 law, the initial rulemaking required under section 3(a)(1) 

4 shall be exempt from review by the Office of Management 

5 and Budget. 

6 (b) PRA.—Chapter 35 of title 44, United States 

7 Code (commonly known as the ‘‘Paperwork Reduction 

8 Act’’) shall not apply to the initial rulemaking required 

9 under section 3(a)(1). 

10 (c) EXECUTION OF RESPONSIBILITIES.—Except as 

11 provided in section 3(b)(1)(A)(ii), the Commission— 

12 (1) including the offices of the Commission, 

13 shall carry out the responsibilities assigned to the 

14 Commission under this Act; and 

15 (2) may not delegate any of the responsibilities 

16 assigned to the Commission under this Act to any 

17 third party, including the Universal Service Adminis18 trative Company. 

19 (d) REPORTING.—Each fiscal year, the Commission 

20 shall submit to the Committee on Commerce, Science, and 

21 Transportation of the Senate and the Committee on En22 ergy and Commerce of the House of Representatives a re23 port that summarizes the implementation of this Act and 

24 associated enforcement activities conducted during the 

25 previous fiscal year. 

Æ 


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