I 
117TH CONGRESS 
1ST SESSION H. R. 2398 
To improve the Federal Communication Commission’s collection of broadband 
speed data in order to support the effective deployment of broadband 
services to all areas in the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 8, 2021 
Mr. DELGADO introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To improve the Federal Communication Commission’s collec-
tion of broadband speed data in order to support the 
effective deployment of broadband services to all areas 
in the United States, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Broadband Speed 
Act’’. 
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SEC. 2. BROADBAND SPEED TEST. 
(a) REGULATIONS REQUIRED.—Not later than 180 
days after the date of the enactment of this Act, the Com-
mission shall issue a rule that does the following: 
(1) Establishes an annual reporting require-
ment under which each provider of broadband inter-
net access service submits to the Commission a re-
port on broadband speed data based on a reasonable 
sample that is captured to demonstrate that the pro-
vider is capable of performing at the speed reported 
to the Commission on Form 477 or any successor 
report. 
(2) Establishes a fine for any provider that is 
found under paragraph (1) to have willfully or know-
ingly provided false data about the speeds offered. 
(3) Incorporates any other requirements issued 
by 
the 
Commission 
related 
to 
reporting 
on 
broadband speed data to minimize duplication. 
(b) BROADBAND SPEED REQUIREMENT FOR INFRA-
STRUCTURE FUNDING.—Any broadband infrastructure 
that is built with funding awarded on or after the date 
of the enactment of this Act from the Federal universal 
service support programs established pursuant to section 
254 of the Communications Act of 1934 (47 U.S.C. 254) 
shall provide broadband internet access service with a 
download speed of at least 100 megabits per second. 
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(c) DEFINITIONS.—In this section: 
(1) BROADBAND INTERNET ACCESS SERVICE.— 
The term ‘‘broadband internet access service’’ means 
a mass-market retail service by wire or radio that 
provides the capability to transmit data to and re-
ceive data from all or substantially all internet 
endpoints, including any capabilities that are inci-
dental to and enable the operation of the commu-
nications service, but excluding dial-up internet ac-
cess service. Such term includes any service that the 
Commission finds to be providing a functional equiv-
alent of the service described in the previous sen-
tence. 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
Æ 
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