II 

110TH CONGRESS 

1ST SESSION S. 1853 

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, and Mr. INOUYE) introduced the 

following bill; which was read twice and referred to the Committee on 

Commerce, Science, and Transportation 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Act of 2007’’. 


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•S 1853 IS

1 SEC. 2. LOCAL GOVERNMENT PROVISION OF ADVANCED 

2 TELECOMMUNICATIONS CAPABILITY AND 

3 SERVICES. 

4 No State or local government statute, regulation, or 

5 other State or local government legal requirement may 

6 prohibit, or have the effect of prohibiting, any public pro7 vider from providing advanced telecommunications capa8 bility, or services using advanced telecommunications ca9 pability, to any person or any public or private entity. 

10 SEC. 3. SAFEGUARDS. 

11 (a) ADMINISTRATION.—To the extent any public pro12 vider regulates competing providers of advanced tele13 communications capability or services, such public pro14 vider shall apply its ordinances and rules and policies, in15 cluding those relating to the use of public rights-of-way, 

16 permitting, performance bonding, and reporting, without 

17 discrimination in favor of itself or any other provider of 

18 advanced telecommunications capability or service that 

19 such provider owns or with which such provider is affili20 ated. 

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

22 this Act exempts a public provider that offers advanced 

23 telecommunications capability or services to the public 

24 from any Federal communications law or regulation that 

25 applies to all providers of advanced telecommunications 

26 capability or services to the public. 


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•S 1853 IS

1 SEC. 4. PUBLIC-PRIVATE PARTNERSHIPS ENCOURAGED. 

2 Each public provider that intends to provide ad3 vanced telecommunications capability or services to the 

4 public is encouraged to consider the potential benefits of 

5 a public-private partnership prior to providing such capa6 bility or services. 

7 SEC. 5. PUBLIC INPUT. 

8 (a) NOTICE AND OPPORTUNITY TO BE HEARD.—Be9 fore a public provider may provide advanced telecommuni10 cations capability or services to the public, either directly 

11 or through a public-private partnership, such public pro12 vider shall— 

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

14 (2) generally describe the capability or services 

15 to be provided and the proposed coverage area for 

16 such capability or services; 

17 (3) identify any special capabilities or services 

18 to be provided in low-income areas or other demo19 graphically or geographically defined areas; and 

20 (4) provide local citizens and private-sector en21 tities with an opportunity to be heard on the costs 

22 and benefits of the project and potential alternatives 

23 to the project. 

24 (b) APPLICATION TO EXISTING PROJECTS AND

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

26 to— 


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•S 1853 IS

1 (1) any contract or other arrangement under 

2 which a public provider is providing advanced tele3 communications capability or services to the public 

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

5 (2) any public provider proposal to provide ad6 vanced telecommunications capability or services to 

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

8 Act— 

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

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

11 (C) has been approved by referendum. 

12 SEC. 6. EXEMPTIONS. 

13 The requirements of sections 3 and 5 shall not 

14 apply— 

15 (1) when a public provider provides advanced 

16 telecommunications capabilities or services other 

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

18 be effectively available to the public; or 

19 (2) during an emergency declared by the Presi20 dent, the Governor of the State in which the public 

21 provider is located, or any other elected local official 

22 authorized by law to declare a state of emergency in 

23 the jurisdiction in which the public provider is lo24 cated. 


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•S 1853 IS

1 SEC. 7. DEFINITIONS. 

2 In this Act: 

3 (1) ADVANCED TELECOMMUNICATIONS CAPA4 BILITY.—The term ‘‘advanced telecommunications 

5 capability’’ has the meaning given that term by sec6 tion 706(c)(1) of the Telecommunications Act of 

7 1996 (47 U.S.C. 157 note). 

8 (2) PUBLIC PROVIDER.—The term ‘‘public pro9 vider’’ means a State or political subdivision thereof, 

10 any agency, authority, or instrumentality of a State 

11 or political subdivision thereof, or an Indian tribe 

12 (as defined in section 4(e) of the Indian Self-Deter13 mination and Education Assistance Act (25 U.S.C. 

14 450b(e)), or any entity that is owned, controlled, or 

15 otherwise affiliated with a State, political subdivision 

16 thereof, agency, authority, or instrumentality, or In17 dian tribe. 

Æ 


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