II 

Calendar No. 707 

110TH CONGRESS 

2D SESSION S. 1853 

[Report No. 110–330] 

To promote competition, to preserve the ability of local governments to provide 

broadband capability and services, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 23, 2007 

Mr. LAUTENBERG (for himself, Mr. SMITH, Mr. KERRY, Mr. MCCAIN, Mrs. 

MCCASKILL, Ms. SNOWE, Mr. STEVENS, Mr. INOUYE, and Mr. FEINGOLD) introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

APRIL 22, 2008 

Reported by Mr. INOUYE, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

To promote competition, to preserve the ability of local governments to provide broadband capability and 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, 


smartinez on PROD1PC64 with BILLS
2 

•S 1853 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Community Broadband 

3 Act of 2007’’. 

4 SEC. 2. LOCAL GOVERNMENT PROVISION OF ADVANCED 

5 TELECOMMUNICATIONS CAPABILITY AND 

6 SERVICES. 

7 No State or local government statute, regulation, or 

8 other State or local government legal requirement may 

9 prohibit, or have the effect of prohibiting, any public pro10 vider from providing advanced telecommunications capa11 bility, or services using advanced telecommunications ca12 pability, to any person or any public or private entity. 

13 SEC. 3. SAFEGUARDS. 

14 (a) ADMINISTRATION.—To the extent any public pro15 vider regulates competing providers of advanced tele16 communications capability or services, such public pro17 vider shall apply its ordinances and rules and policies, in18 cluding those relating to the use of public rights-of-way, 

19 permitting, performance bonding, and reporting, without 

20 discrimination in favor of itself or any other provider of 

21 advanced telecommunications capability or service that 

22 such provider owns or with which such provider is affili23 ated. 

24 (b) APPLICATION OF GENERAL LAWS.—Nothing in 

25 this Act exempts a public provider that offers advanced 

26 telecommunications capability or services to the public 


smartinez on PROD1PC64 with BILLS
3 

•S 1853 RS

1 from any Federal communications law or regulation that 

2 applies to all providers of advanced telecommunications 

3 capability or services to the public. 

4 SEC. 4. PUBLIC-PRIVATE PARTNERSHIPS ENCOURAGED. 

5 Each public provider that intends to provide ad6 vanced telecommunications capability or services to the 

7 public is encouraged to consider the potential benefits of 

8 a public-private partnership prior to providing such capa9 bility or services. 

10 SEC. 5. PUBLIC INPUT. 

11 SEC. 5. PUBLIC INPUT AND PRIVATE SECTOR OPPORTUNITY 

12 TO BID. 

13 (a) NOTICE AND OPPORTUNITY TO BE HEARD.—Be14 fore a public provider may provide advanced telecommuni15 cations capability or services to the public, either directly 

16 or through a public-private partnership, such public pro17 vider shall— 

18 (1) publish notice of its intention to do so; 

19 (2) generally describe the capability or services 

20 to be provided and the proposed coverage area for 

21 such capability or services; 

22 (3) identify any special capabilities or services 

23 to be provided in low-income areas or other demo24 graphically or geographically defined areas; and 


smartinez on PROD1PC64 with BILLS
4 

•S 1853 RS

1 (4) provide local citizens and private-sector en2 tities with an opportunity to be heard on the costs 

3 and benefits of the project and potential alternatives 

4 to the project. project, including any bids under 

5 paragraph (5); and 

6 (5) provide private-sector entities with an oppor7 tunity to bid to provide such capability or services 

8 during the 30-day period following publication of the 

9 notice provided for in paragraph (1). 

10 (b) APPLICATION TO EXISTING PROJECTS AND

11 PENDING PROPOSALS.—Subsection (a) shall not apply 

12 to— 

13 (1) any contract or other arrangement under 

14 which a public provider is providing advanced tele15 communications capability or services to the public 

16 as of the date of enactment of this Act; and 

17 (2) any public provider proposal to provide ad18 vanced telecommunications capability or services to 

19 the public that, as of the date of enactment of this 

20 Act— 

21 (A) is in the request-for-proposals process; 

22 (B) is in the process of being built; or 

23 (C) has been approved by referendum. 


smartinez on PROD1PC64 with BILLS
5 

•S 1853 RS

1 SEC. 6. EXEMPTIONS. 

2 The requirements of sections 3 and 5 shall not 

3 apply— 

4 (1) when a public provider provides advanced 

5 telecommunications capabilities or services other 

6 than to the public or to such classes of users as to 

7 be effectively available to the public; or 

8 (2) during an emergency declared by the Presi9 dent, the Governor of the State in which the public 

10 provider is located, or any other elected local official 

11 authorized by law to declare a state of emergency in 

12 the jurisdiction in which the public provider is lo13 cated. 

14 SEC. 7. USE OF FEDERAL FUNDS. 

15 If any project providing advanced telecommunications 

16 capability, or services using advanced telecommunications 

17 capability, under this Act fails due to bankruptcy or is ter18 minated by a public provider, no Federal funds may be pro19 vided to such public provider specifically to assist such pub20 lic provider in reviving or renewing that project, unless 

21 such failure due to bankruptcy occurred in any jurisdiction 

22 that is subject to a declaration by the President of a major 

23 disaster, as defined under section 102 of the Robert T. Staf24 ford Disaster Relief and Emergency Assistance Act (42 

25 U.S.C. 5122). 


smartinez on PROD1PC64 with BILLS
6 

•S 1853 RS

1 SEC. 7. DEFINITIONS. 

2 SEC. 8. DEFINITIONS. 

3 In this Act: 

4 (1) ADVANCED TELECOMMUNICATIONS CAPA5 BILITY.—The term ‘‘advanced telecommunications 

6 capability’’ has the meaning given that term by sec7 tion 706(c)(1) of the Telecommunications Act of 

8 1996 (47 U.S.C. 157 note). 

9 (2) PUBLIC PROVIDER.—The term ‘‘public pro10 vider’’ means a State or political subdivision thereof, 

11 any agency, authority, or instrumentality of a State 

12 or political subdivision thereof, or an Indian tribe 

13 (as defined in section 4(e) of the Indian Self-Deter14 mination and Education Assistance Act (25 U.S.C. 

15 450b(e)), or any entity that is owned, controlled, or 

16 otherwise affiliated with a State, political subdivision 

17 thereof, agency, authority, or instrumentality, or In18 dian tribe. 


smartinez on PROD1PC64 with BILLS

smartinez on PROD1PC64 with BILLS
Calendar No. 707 

110TH CONGRESS 

2D SESSION S. 1853 

[Report No. 110

–330] 

A BILL 

To promote competition, to preserve the ability of 

bility and services, and for other purposes. local governments to provide broadband capaAPRIL 22, 2008

Reported with amendments 


smartinez on PROD1PC64 with BILLS