II 

110TH CONGRESS 

1ST SESSION S. 1492 

To improve the quality of Federal and State data regarding the availability 

and quality of broadband services and to promote the deployment of 

affordable broadband services to all parts of the Nation. 

IN THE SENATE OF THE UNITED STATES 

MAY 24, 2007 

Mr. INOUYE (for himself, Mr. DORGAN, Mr. PRYOR, Ms. CANTWELL, Ms. 

KLOBUCHAR, and Mr. KERRY) introduced the following bill; which was 

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

Transportation 

A BILL 

To improve the quality of Federal and State data regarding 

the availability and quality of broadband services and 

to promote the deployment of affordable broadband services to all parts of the Nation. 

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 Data Im5 provement Act’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 


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1 (1) The deployment and adoption of broadband 

2 technology has resulted in enhanced economic devel3 opment and public safety for communities across the 

4 Nation, improved health care and educational oppor5 tunities, and a better quality of life for all Ameri6 cans. 

7 (2) Continued progress in the deployment and 

8 adoption of broadband technology is vital to ensur9 ing that our Nation remains competitive and con10 tinues to create business and job growth. 

11 (3) Improving Federal data on the deployment 

12 and adoption of broadband service will assist in the 

13 development of broadband technology across all re14 gions of the Nation. 

15 (4) The Federal Government should also recog16 nize and encourage complementary state efforts to 

17 improve the quality and usefulness of broadband 

18 data and should encourage and support the partner19 ship of the public and private sectors in the contin20 ued growth of broadband services and information 

21 technology for the residents and businesses of the 

22 Nation. 

23 SEC. 3. IMPROVING FEDERAL DATA ON BROADBAND. 

24 (a) IMPROVING FCC BROADBAND DATA.—Within 

25 120 days after the date of enactment of this Act, the FedVerDate Aug 31 2005 17:07 May 27, 2007 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1492.IS S1492

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1 eral Communications Commission shall issue an order in 

2 WC docket No. 07–38 which shall, at a minimum— 

3 (1) revise or update, if determined necessary, 

4 the existing definitions of advanced telecommuni5 cations capability, or broadband; 

6 (2) establish a new definition of second genera7 tion broadband to reflect a data rate that is not less 

8 than the data rate required to reliably transmit full9 motion, high-definition video; and 

10 (3) revise its Form 477 reporting requirements 

11 to require filing entities to report broadband connec12 tions and second generation broadband connections 

13 by 5-digit postal zip code plus 4-digit location. 

14 (b) EXCEPTION.—The Commission shall exempt an 

15 entity from the reporting requirements of subsection 

16 (a)(3) if the Commission determines that a compliance by 

17 that entity with the requirements is cost prohibitive, as 

18 defined by the Commission. 

19 (c) IMPROVING SECTION 706 INQUIRY.—Section 706 

20 of the Telecommunications Act of 1996 (47 U.S.C. 157 

21 nt) is amended— 

22 (1) by striking ‘‘regularly’’ in subsection (b) 

23 and inserting ‘‘annually’’; 

24 (2) by redesignating subsection (c) as sub25 section (e); and 


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1 (3) by inserting after subsection (b) the fol2 lowing: 

3 ‘‘(c) MEASUREMENT OF EXTENT OF DEPLOY4 MENT.—In determining under subsection (b) whether ad5 vanced telecommunications capability is being deployed to 

6 all Americans in a reasonable and timely fashion, the 

7 Commission shall consider data collected using 5-digit 

8 postal zip code plus 4-digit location. 

9 ‘‘(d) DEMOGRAPHIC INFORMATION FOR UNSERVED

10 AREAS.—As part of the inquiry required by subsection (b), 

11 the Commission shall, using 5-digit postal zip code plus 

12 4-digit location information, compile a list of geographical 

13 areas that are not served by any provider of advanced tele14 communications capability (as defined by section 

15 706(c)(1) of the Telecommunications Act of 1996 (47 

16 U.S.C. 157 nt)) and to the extent that data from the Cen17 sus Bureau is available, determine, for each such unserved 

18 area— 

19 ‘‘(1) the population; 

20 ‘‘(2) the population density; and 

21 ‘‘(3) the average per capita income.’’; 

22 (4) by inserting ‘‘an evolving level of’’ after 

23 ‘‘technology,’’ in paragraph (1) of subsection (e), as 

24 redesignated. 


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1 (d) IMPROVING CENSUS DATA ON BROADBAND.— 

2 The Secretary of Commerce, in consultation with the Fed3 eral Communications Commission, shall expand the Amer4 ican Community Survey conducted by the Bureau of the 

5 Census to elicit information for residential households, in6 cluding those located on native lands, to determine wheth7 er persons at such households own or use a computer at 

8 that address, whether persons at that address subscribe 

9 to Internet service and, if so, whether such persons sub10 scribe to dial-up or broadband Internet service at that ad11 dress. 

12 SEC. 4. STUDY ON ADDITIONAL BROADBAND METRICS AND 

13 STANDARDS. 

14 (a) IN GENERAL.—The Comptroller General shall 

15 conduct a study to consider and evaluate additional 

16 broadband metrics or standards that may be used by in17 dustry and the Federal Government to provide users with 

18 more accurate information about the cost and capability 

19 of their broadband connection, and to better compare the 

20 deployment and penetration of broadband in the United 

21 States with other countries. At a minimum, such study 

22 shall consider potential standards or metrics that may be 

23 used— 

24 (1) to calculate the average price per megabyte 

25 of broadband offerings; 


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1 (2) to reflect the average actual speed of 

2 broadband offerings compared to advertised poten3 tial speeds; 

4 (3) to compare the availability and quality of 

5 broadband offerings in the United States with the 

6 availability and quality of broadband offerings in 

7 other industrialized nations, including countries that 

8 are members of the Organization for Economic Co9 operation and Development; and 

10 (4) to distinguish between complementary and 

11 substitutable broadband offerings in evaluating de12 ployment and penetration. 

13 (b) REPORT.—Not later than one year after the date 

14 of enactment of this Act, the Comptroller General shall 

15 submit a report to the Senate Committee on Commerce, 

16 Science, and Transportation and the House of Represent17 atives Committee on Energy and Commerce on the results 

18 of the study, with recommendations for how industry and 

19 the Federal Communications Commission can use such 

20 metrics and comparisons to improve the quality of 

21 broadband data and to better evaluate the deployment and 

22 penetration of comparable broadband service at com23 parable rates across all regions of the Nation. 


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1 SEC. 5. STUDY ON THE IMPACT OF BROADBAND SPEED AND 

2 PRICE ON SMALL BUSINESSES. 

3 (a) IN GENERAL.—The Small Business Administra4 tion Office of Advocacy shall conduct a study evaluating 

5 the impact of broadband speed and price on small busi6 nesses. 

7 (b) REPORT.—Not later than one year after the date 

8 of enactment of this Act, the Office shall submit a report 

9 to the Senate Committee on Commerce, Science, and 

10 Transportation, the Senate Committee on Small Business 

11 and Entrepreneurship, the House of Representatives Com12 mittee on Energy and Commerce, and the House of Rep13 resentatives Committee on Small Business on the results 

14 of the study, including— 

15 (1) a survey of broadband speeds available to 

16 small businesses; 

17 (2) a survey of the cost of broadband speeds 

18 available to small businesses; 

19 (3) a survey of the type of broadband tech20 nology used by small businesses; and 

21 (4) any policy recommendations that may im22 prove small businesses access to comparable 

23 broadband services at comparable rates in all regions 

24 of the Nation. 


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1 SEC. 6. ENCOURAGING STATE INITIATIVES TO IMPROVE 

2 BROADBAND. 

3 (a) PURPOSES.—The purposes of any grant under 

4 subsection (b) are— 

5 (1) to ensure that all citizens and businesses in 

6 a State have access to affordable and reliable 

7 broadband service; 

8 (2) to achieve improved technology literacy, in9 creased computer ownership, and home broadband 

10 use among such citizens and businesses; 

11 (3) to establish and empower local grassroots 

12 technology teams in each State to plan for improved 

13 technology use across multiple community sectors; 

14 and 

15 (4) to establish and sustain an environment 

16 ripe for broadband services and information tech17 nology investment. 

18 (b) ESTABLISHMENT OF STATE BROADBAND DATA

19 AND DEVELOPMENT GRANT PROGRAM.— 

20 (1) IN GENERAL.—The Secretary of Commerce 

21 shall award grants, taking into account the results 

22 of the peer review process under subsection (d), to 

23 eligible entities for the development and implementa24 tion of statewide initiatives to identify and track the 

25 availability and adoption of broadband services with26 in each State. 


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1 (2) COMPETITIVE BASIS.—Any grant under 

2 subsection (b) shall be awarded on a competitive 

3 basis. 

4 (c) ELIGIBILITY.—To be eligible to receive a grant 

5 under subsection (b), an eligible entity shall— 

6 (1) submit an application to the Secretary of 

7 Commerce, at such time, in such manner, and con8 taining such information as the Secretary may re9 quire; and 

10 (2) contribute matching non-Federal funds in 

11 an amount equal to not less than 20 percent of the 

12 total amount of the grant. 

13 (d) PEER REVIEW; NONDISCLOSURE.— 

14 (1) IN GENERAL.—The Secretary shall by regu15 lation require appropriate technical and scientific 

16 peer review of applications made for grants under 

17 this section. 

18 (2) REVIEW PROCEDURES.—The regulations re19 quired under paragraph (1) shall require that any 

20 technical and scientific peer review group— 

21 (A) be provided a written description of 

22 the grant to be reviewed; 

23 (B) provide the results of any review by 

24 such group to the Secretary of Commerce; and 


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1 (C) certify that such group will enter into 

2 voluntary nondisclosure agreements as nec3 essary to prevent the unauthorized disclosure of 

4 confidential and proprietary information pro5 vided by broadband service providers in connec6 tion with projects funded by any such grant. 

7 (e) USE OF FUNDS.—A grant awarded to an eligible 

8 entity under subsection (b) shall be used— 

9 (1) to provide a baseline assessment of 

10 broadband service deployment in each State; 

11 (2) to identify and track— 

12 (A) areas in each State that have low lev13 els of broadband service deployment; 

14 (B) the rate at which residential and busi15 ness users adopt broadband service and other 

16 related information technology services; and 

17 (C) possible suppliers of such services; 

18 (3) to identify barriers to the adoption by indi19 viduals and businesses of broadband service and re20 lated information technology services, including 

21 whether or not— 

22 (A) the demand for such services is absent; 

23 and 

24 (B) the supply for such services is capable 

25 of meeting the demand for such services; 


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1 (4) to identify the speeds of broadband connec2 tions made available to individuals and businesses 

3 within the State, and, at a minimum, to rely on the 

4 data rate benchmarks for broadband and second 

5 generation broadband identified by the Federal Com6 munications Commission to promote greater consist7 ency of data among the States; 

8 (5) to create and facilitate in each county or 

9 designated region in a State a local technology plan10 ning team— 

11 (A) with members representing a cross sec12 tion of the community, including representatives 

13 of business, telecommunications labor organiza14 tions, K–12 education, health care, libraries, 

15 higher education, community-based organiza16 tions, local government, tourism, parks and 

17 recreation, and agriculture; and 

18 (B) which shall— 

19 (i) benchmark technology use across 

20 relevant community sectors; 

21 (ii) set goals for improved technology 

22 use within each sector; and 

23 (iii) develop a tactical business plan 

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1 ommendations for online application devel2 opment and demand creation; 

3 (6) to work collaboratively with broadband serv4 ice providers and information technology companies 

5 to encourage deployment and use, especially in 

6 unserved and underserved areas, through the use of 

7 local demand aggregation, mapping analysis, and the 

8 creation of market intelligence to improve the busi9 ness case for providers to deploy; 

10 (7) to establish programs to improve computer 

11 ownership and Internet access for unserved and un12 derserved populations; 

13 (8) to collect and analyze detailed market data 

14 concerning the use and demand for broadband serv15 ice and related information technology services; 

16 (9) to facilitate information exchange regarding 

17 the use and demand for broadband services between 

18 public and private sectors; and 

19 (10) to create within each State a geographic 

20 inventory map of broadband service, and where fea21 sible second generation broadband service, which 

22 shall— 

23 (A) identify gaps in such service through a 

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1 ping of service availability at the census block 

2 level; and 

3 (B) provide a baseline assessment of state4 wide broadband deployment in terms of house5 holds with high-speed availability. 

6 (f) PARTICIPATION LIMIT.—For each State, an eligi7 ble entity may not receive a new grant under this section 

8 to fund the activities described in subsection (d) within 

9 such State if such organization obtained prior grant 

10 awards under this section to fund the same activities in 

11 that State in each of the previous 4 consecutive years. 

12 (g) REPORTING.—The Secretary of Commerce 

13 shall— 

14 (1) require each recipient of a grant under sub15 section (b) to submit a report on the use of the 

16 funds provided by the grant; and 

17 (2) create a web page on the Department of 

18 Commerce web site that aggregates relevant infor19 mation made available to the public by grant recipi20 ents, including, where appropriate, hypertext links to 

21 any geographic inventory maps created by grant re22 cipients under subsection (e)(10). 

23 (h) DEFINITIONS.—In this section: 

24 (1) ELIGIBLE ENTITY.—The term ‘‘eligible en25 tity’’ means a non-profit organization that is seVerDate Aug 31 2005 17:07 May 27, 2007 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1492.IS S1492

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1 lected by a State to work in partnership with State 

2 agencies and private sector partners in identifying 

3 and tracking the availability and adoption of 

4 broadband services within each State. 

5 (2) NONPROFIT ORGANIZATION.—The term 

6 ‘‘nonprofit organization’’ means an organization— 

7 (A) described in section 501(c)(3) of the 

8 Internal Revenue Code of 1986 and exempt 

9 from tax under section 501(a) of such Code; 

10 (B) no part of the net earnings of which 

11 inures to the benefit of any member, founder, 

12 contributor, or individual; 

13 (C) that has an established competency 

14 and proven record of working with public and 

15 private sectors to accomplish widescale deploy16 ment and adoption of broadband services and 

17 information technology; and 

18 (D) the board of directors of which is not 

19 composed of a majority of individuals who are 

20 also employed by, or otherwise associated with, 

21 any Federal, State, or local government or any 

22 Federal, State, or local agency. 

23 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated to carry out this section 

25 $40,000,000 for each of fiscal years 2008 through 2012. 


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1 (j) NO REGULATORY AUTHORITY.—Nothing in this 

2 section shall be construed as giving any public or private 

3 entity established or affected by this Act any regulatory 

4 jurisdiction or oversight authority over providers of 

5 broadband services or information technology. 

Æ 


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