II 

111TH CONGRESS 

1ST SESSION S. 2879 

To direct the Federal Communications Commission to conduct a pilot program 

expanding the Lifeline Program to include broadband service, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 11, 2009 

Mr. ROCKEFELLER (for himself, Mrs. HUTCHISON, Mr. KERRY, Ms. SNOWE, 

Mr. PRYOR, and Mr. WARNER) introduced the following bill; which was 

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

Transportation 

A BILL 

To direct the Federal Communications Commission to conduct a pilot program expanding the Lifeline Program 

to include broadband service, 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 Oppor5 tunity and Affordability Act’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 


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1 (1) The adoption of broadband service results 

2 in enhanced economic development and public safety 

3 for communities across the Nation, improved health 

4 care and educational opportunities, and a better 

5 quality of life for all Americans. 

6 (2) Continued progress in the adoption of 

7 broadband service is vital to ensuring that the 

8 United States remains competitive and continues to 

9 create business opportunities and job growth. 

10 (3) The price of broadband service is a barrier 

11 to adoption for low-income households and can be an 

12 impediment to full participation in the emerging 

13 broadband economy. 

14 SEC. 3. PILOT PROGRAM TO EXPAND LIFELINE PROGRAM 

15 TO INCLUDE BROADBAND SERVICE. 

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

17 (47 U.S.C. 254(j)) is amended to read as follows: 

18 ‘‘(j) LIFELINE ASSISTANCE.— 

19 ‘‘(1) IMPACT OF SECTION ON LIFELINE ASSIST20 ANCE PROGRAM.—Except as provided in paragraph 

21 (2), nothing in this section shall affect the collection, 

22 distribution, or administration of the Lifeline pro23 gram. 

24 ‘‘(2) PILOT PROGRAM TO EXPAND LIFELINE

25 PROGRAM TO INCLUDE BROADBAND SERVICE.—As 


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1 soon as practicable after the date of enactment of 

2 the Broadband Opportunity and Affordability Act, 

3 the Commission shall implement a 2-year pilot pro4 gram to expand the Lifeline program to reduce the 

5 cost of broadband service for low-income consumers 

6 that will— 

7 ‘‘(A) apply to such broadband service as 

8 the Commission may determine to be appro9 priate for purposes of the pilot program; 

10 ‘‘(B) provide such levels of support as the 

11 Commission may determine to be appropriate 

12 for such purposes; 

13 ‘‘(C) be available to such consumers as the 

14 Commission may determine to be appropriate 

15 for such purposes under such eligibility criteria 

16 as the Commission may determine to be appro17 priate for such purposes; and 

18 ‘‘(D) reimburse broadband service pro19 viders for each customer served, subject to prior 

20 authorization from the Commission to partici21 pate in the pilot program. 

22 ‘‘(3) CRITERIA FOR PILOT PROGRAM.—In devel23 oping the pilot program required by paragraph (2), 

24 the Commission shall consider— 


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1 ‘‘(A) whether State matching funds must 

2 be provided as a condition of eligibility for low3 income households within a State; 

4 ‘‘(B) the prevailing market rate for 

5 broadband service and the prevailing speed of 

6 broadband service adopted by households, using 

7 information that the Commission routinely col8 lects or that is publicly available; and 

9 ‘‘(C) how to ensure that the program is 

10 neutral as to the types of technology used to 

11 provide broadband service in order to promote 

12 competition from broadband service providers to 

13 qualify for participation in the pilot program. 

14 ‘‘(4) STATUS REPORT.—After the pilot program 

15 has been operational for 18 months, the Commission 

16 shall submit a report to the Senate Committee on 

17 Commerce, Science, and Transportation and the 

18 House of Representatives Committee on Energy and 

19 Commerce on the status of the pilot program. 

20 ‘‘(5) LIFELINE PROGRAM DEFINED.—In this 

21 subsection, the term ‘Lifeline program’ means the 

22 service described in section 54.401(a) of the Com23 mission’s regulations (47 C.F.R. 54.401(a)).’’. 


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1 SEC. 4. EXPANSION OF LINK UP PROGRAM REPORT. 

2 (a) IN GENERAL.—Within 180 days after the date 

3 of enactment of this Act, the Federal Communications 

4 Commission shall initiate a notice of inquiry with public 

5 notice and opportunity for comment, to determine— 

6 (1) whether the Link Up program could be ex7 panded to reduce the cost of initiating broadband 

8 service through providing support for computer own9 ership; 

10 (2) what equipment would be supported by such 

11 an expansion; 

12 (3) how much support would be available with 

13 such an expansion; and 

14 (4) the eligibility criteria for consumers to qual15 ify for such an expansion. 

16 (b) REPORT.—The Commission shall submit a report 

17 to the Senate Committee on Commerce, Science, and 

18 Transportation and the House of Representatives Com19 mittee on Energy and Commerce containing the Commis20 sion’s findings, conclusions, and recommendations from 

21 the inquiry. 

22 (c) LINK UP PROGRAM DEFINED.—In this section, 

23 the term ‘‘Link Up program’’ means the service described 

24 in section 54.411(a) of the Commission’s regulations (47 

25 U.S.C. 54.411(a)). 

Æ 


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