I 
108TH CONGRESS 
1ST SESSION 
H. R. 768
To amend the Internal Revenue Code of 1986 to provide a broadband Internet 
access tax credit. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 13, 2003
Mr. ENGLISH (for himself, Mr. MATSUI, Mr. HAYES, Mr. BALLENGER, Mr. 
MCINNIS, Mr. DREIER, Mr. HAYWORTH, Mr. BURR, Mr. WICKER, Mr. 
WELLER, Mr. TERRY, Mr. FOLEY, Mrs. JONES of Ohio, Mr. BECERRA, 
Mr. HONDA, Ms. DELAURO, Mr. FROST, Mr. CROWLEY, Mr. PETERSON 
of Pennsylvania, Mrs. CAPPS, Mr. KIND, Mr. ROSS, Mr. OLVER, Mr. 
MCHUGH, Mr. GRIJALVA, Mr. UDALL of New Mexico, Ms. WATSON, Mr. 
GRAVES, Mr. SIMMONS, Mr. MOORE, Mr. SWEENEY, Ms. BERKLEY, Mr. 
FILNER, Mr. JANKLOW, Mr. GORDON, Mr. MCINTYRE, Mr. KING of 
Iowa, Mr. PAUL, Ms. NORTON, Mr. QUINN, Mr. BARTLETT of Maryland, 
Mr. SIMPSON, Mr. SHUSTER, Mr. OTTER, Mr. LUCAS of Oklahoma, Mr. 
HEFLEY, Mr. SESSIONS, Mr. DOOLEY of California, Ms. ESHOO, Mr. 
CUNNINGHAM, Mr. DICKS, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. 
BOEHLERT, Mr. GONZALEZ, Mr. REYES, Mr. CRAMER, Mr. GREEN of 
Wisconsin, Mr. DOOLITTLE, Ms. GRANGER, Mr. WELDON of Pennsyl-
vania, Mr. RADANOVICH, Mr. CALVERT, Mr. ISAKSON, Mr. NETHERCUTT, 
Mr. WALSH, Mr. HASTINGS
of Washington, Mr. REHBERG, Mr. 
GILLMOR, Mr. BAIRD, Mrs. LOWEY, Mr. THOMPSON of California, Mr. 
MILLER of North Carolina, Mr. SAXTON, Mr. YOUNG of Alaska, Mr. 
LARSON of Connecticut, Mr. TOWNS, Mr. SCHIFF, Mr. CASE, Ms. WOOL-
SEY, Mr. CARDOZA, Mrs. BONO, Mr. OSBORNE, Mr. WEINER, Mr. 
FLETCHER, Mrs. CAPITO, Mr. OSE, Ms. HART, Mr. TURNER of Texas, 
Mr. PEARCE, Mr. INSLEE, Mrs. JOHNSON of Connecticut, Mr. POMBO, 
Mr. ROGERS of Michigan, Mr. BERMAN, Mr. UPTON, Mr. TOM DAVIS of 
Virginia, Mr. KENNEDY of Minnesota, Mr. LATOURETTE, Mr. GOOD-
LATTE, Mr. CASTLE, Mr. POMEROY, Ms. SLAUGHTER, Mr. LEWIS of 
Georgia, and Mrs. CUBIN) introduced the following bill; which was re-
ferred to the Committee on Ways and Means
A BILL 
To amend the Internal Revenue Code of 1986 to provide 
a broadband Internet access tax credit.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. BROADBAND INTERNET ACCESS TAX CREDIT. 
(a) IN GENERAL.—Subpart E of part IV of chapter 
1 of the Internal Revenue Code of 1986 (relating to rules 
for computing investment credit) is amended by inserting 
after section 48 the following new section: 
‘‘SEC. 48A. BROADBAND INTERNET ACCESS CREDIT. 
‘‘(a) GENERAL RULE.—For purposes of section 46, 
the broadband credit for any taxable year is the sum of—
‘‘(1) the current generation broadband credit, 
plus 
‘‘(2) the next generation broadband credit. 
‘‘(b) CURRENT GENERATION BROADBAND CREDIT; 
NEXT GENERATION BROADBAND CREDIT.—For purposes 
of this section—
‘‘(1) 
CURRENT
GENERATION
BROADBAND 
CREDIT.—The current generation broadband credit 
for any taxable year is equal to 10 percent of the 
qualified expenditures incurred with respect to quali-
fied 
equipment 
providing 
current 
generation
broadband services to qualified subscribers and 
taken into account with respect to such taxable year. 
‘‘(2) NEXT
GENERATION
BROADBAND
CRED-
IT.—The next generation broadband credit for any 
taxable year is equal to 20 percent of the qualified 
expenditures incurred with respect to qualified 
equipment providing next generation broadband 
services to qualified subscribers and taken into ac-
count with respect to such taxable year. 
‘‘(c) WHEN
EXPENDITURES
TAKEN
INTO
AC-
COUNT.—For purposes of this section—
‘‘(1) IN GENERAL.—Qualified expenditures with 
respect to qualified equipment shall be taken into ac-
count with respect to the first taxable year in 
which—
‘‘(A) current generation broadband services 
are provided through such equipment to quali-
fied subscribers, or
‘‘(B) next generation broadband services 
are provided through such equipment to quali-
fied subscribers. 
‘‘(2) LIMITATION.—
‘‘(A) IN GENERAL.—Qualified expenditures 
shall be taken into account under paragraph (1) 
only with respect to qualified equipment—
‘‘(i) the original use of which com-
mences with the taxpayer, and 
‘‘(ii) which is placed in service, 
after December 31, 2002. 
‘‘(B) SALE-LEASEBACKS.—For purposes of 
subparagraph (A), if property—
‘‘(i) is originally placed in service 
after December 31, 2002, by any person, 
and 
‘‘(ii) sold and leased back by such per-
son within 3 months after the date such 
property was originally placed in service, 
such property shall be treated as originally 
placed in service not earlier than the date on 
which such property is used under the leaseback 
referred to in clause (ii). 
‘‘(d) SPECIAL ALLOCATION RULES.—
‘‘(1) CURRENT GENERATION BROADBAND SERV-
ICES.—For purposes of determining the current gen-
eration broadband credit under subsection (a)(1) 
with respect to qualified equipment through which 
current generation broadband services are provided, 
if the qualified equipment is capable of serving both 
qualified subscribers and other subscribers, the
qualified expenditures shall be multiplied by a frac-
tion—
‘‘(A) the numerator of which is the sum of 
the number of potential qualified subscribers 
within the rural areas and the underserved 
areas which the equipment is capable of serving 
with current generation broadband services, and 
‘‘(B) the denominator of which is the total 
potential subscriber population of the area
which the equipment is capable of serving with 
current generation broadband services. 
‘‘(2) NEXT
GENERATION
BROADBAND
SERV-
ICES.—For purposes of determining the next genera-
tion broadband credit under subsection (a)(2) with 
respect to qualified equipment through which next 
generation broadband services are provided, if the 
qualified equipment is capable of serving both quali-
fied subscribers and other subscribers, the qualified 
expenditures shall be multiplied by a fraction—
‘‘(A) the numerator of which is the sum 
of—
‘‘(i) the number of potential qualified 
subscribers within the rural areas and un-
derserved areas, plus
‘‘(ii) the number of potential qualified 
subscribers within the area consisting only 
of residential subscribers not described in 
clause (i), 
which the equipment is capable of serving with 
next generation broadband services, and 
‘‘(B) the denominator of which is the total 
potential subscriber population of the area 
which the equipment is capable of serving with 
next generation broadband services. 
‘‘(e) DEFINITIONS.—For purposes of this section—
‘‘(1) ANTENNA.—The term ‘antenna’ means 
any device used to transmit or receive signals 
through the electromagnetic spectrum, including sat-
ellite equipment. 
‘‘(2) CABLE OPERATOR.—The term ‘cable oper-
ator’ has the meaning given such term by section 
602(5) of the Communications Act of 1934 (47 
U.S.C. 522(5)). 
‘‘(3) COMMERCIAL
MOBILE
SERVICE
CAR-
RIER.—The term ‘commercial mobile service carrier’ 
means any person authorized to provide commercial 
mobile radio service as defined in section 20.3 of 
title 47, Code of Federal Regulations.
‘‘(4) CURRENT GENERATION BROADBAND SERV-
ICE.—The term ‘current generation broadband serv-
ice’ means the transmission of signals at a rate of 
at least 1,000,000 bits per second to the subscriber 
and at least 128,000 bits per second from the sub-
scriber. 
‘‘(5) MULTIPLEXING
OR
DEMULTIPLEXING.—
The term ‘multiplexing’ means the transmission of 2 
or more signals over a single channel, and the term 
‘demultiplexing’ means the separation of 2 or more 
signals previously combined by compatible multi-
plexing equipment. 
‘‘(6) NEXT
GENERATION
BROADBAND
SERV-
ICE.—The term ‘next generation broadband service’ 
means the transmission of signals at a rate of at 
least 22,000,000 bits per second to the subscriber 
and at least 5,000,000 bits per second from the sub-
scriber. 
‘‘(7) 
NONRESIDENTIAL
SUBSCRIBER.—The 
term ‘nonresidential subscriber’ means any person 
who purchases broadband services which are deliv-
ered to the permanent place of business of such per-
son. 
‘‘(8) OPEN
VIDEO
SYSTEM
OPERATOR.—The 
term ‘open video system operator’ means any person
authorized to provide service under section 653 of 
the Communications Act of 1934 (47 U.S.C. 573). 
‘‘(9) OTHER
WIRELESS
CARRIER.—The term 
‘other wireless carrier’ means any person (other than 
a telecommunications carrier, commercial mobile 
service carrier, cable operator, open video system op-
erator, or satellite carrier) providing current genera-
tion 
broadband 
services 
or 
next 
generation 
broadband service to subscribers through the wire-
less transmission of energy through radio or light 
waves. 
‘‘(10) PACKET SWITCHING.—The term ‘packet 
switching’ means controlling or routing the path of 
a digitized transmission signal which is assembled 
into packets or cells. 
‘‘(11) PROVIDER.—The term ‘provider’ means, 
with respect to any qualified equipment any—
‘‘(A) cable operator, 
‘‘(B) commercial mobile service carrier, 
‘‘(C) open video system operator, 
‘‘(D) satellite carrier, 
‘‘(E) telecommunications carrier, or 
‘‘(F) other wireless carrier,
providing current generation broadband services or 
next generation broadband services to subscribers 
through such qualified equipment. 
‘‘(12) PROVISION
OF
SERVICES.—A provider 
shall be treated as providing services to 1 or more 
subscribers if—
‘‘(A) such a subscriber has been passed by 
the provider’s equipment and can be connected 
to such equipment for a standard connection 
fee, 
‘‘(B) the provider is physically able to de-
liver current generation broadband services or 
next generation broadband services, as applica-
ble, to such a subscriber without making more 
than an insignificant investment with respect to 
such subscriber, 
‘‘(C) the provider has made reasonable ef-
forts to make such subscribers aware of the 
availability of such services, 
‘‘(D) such services have been purchased by 
1 or more such subscribers, and 
‘‘(E) such services are made available to 
such subscribers at average prices comparable 
to those at which the provider makes available
similar services in any areas in which the pro-
vider makes available such services. 
‘‘(13) QUALIFIED EQUIPMENT.—
‘‘(A) IN
GENERAL.—The term ‘qualified 
equipment’ means equipment which provides 
current generation broadband services or next 
generation broadband services—
‘‘(i) at least a majority of the time 
during periods of maximum demand to 
each subscriber who is utilizing such serv-
ices, and
‘‘(ii) in a manner substantially the 
same as such services are provided by the 
provider to subscribers through equipment 
with respect to which no credit is allowed 
under subsection (a)(1).
‘‘(B) ONLY CERTAIN INVESTMENT TAKEN 
INTO
ACCOUNT.—Except as provided in sub-
paragraph (C) or (D), equipment shall be taken 
into account under subparagraph (A) only to 
the extent it—
‘‘(i) extends from the last point of 
switching to the outside of the unit, build-
ing, dwelling, or office owned or leased by
a subscriber in the case of a telecommuni-
cations carrier, 
‘‘(ii) extends from the customer side 
of the mobile telephone switching office to 
a transmission/receive antenna (including 
such antenna) owned or leased by a sub-
scriber in the case of a commercial mobile 
service carrier, 
‘‘(iii) extends from the customer side 
of the headend to the outside of the unit, 
building, dwelling, or office owned or 
leased by a subscriber in the case of a 
cable operator or open video system oper-
ator, or 
‘‘(iv) extends from a transmission/re-
ceive antenna (including such antenna) 
which transmits and receives signals to or 
from multiple subscribers, to a trans-
mission/receive antenna (including such 
antenna) on the outside of the unit, build-
ing, dwelling, or office owned or leased by 
a subscriber in the case of a satellite car-
rier or other wireless carrier, unless such 
other wireless carrier is also a tele-
communications carrier.
‘‘(C) PACKET
SWITCHING
EQUIPMENT.—
Packet switching equipment, regardless of loca-
tion, shall be taken into account under subpara-
graph (A) only if it is deployed in connection 
with equipment described in subparagraph (B) 
and is uniquely designed to perform the func-
tion of packet switching for current generation 
broadband 
services 
or 
next 
generation 
broadband services, but only if such packet 
switching is the last in a series of such func-
tions performed in the transmission of a signal 
to a subscriber or the first in a series of such 
functions performed in the transmission of a 
signal from a subscriber. 
‘‘(D) 
MULTIPLEXING
AND 
DEMULTIPLEXING
EQUIPMENT.—Multiplexing 
and demultiplexing equipment shall be taken 
into account under subparagraph (A) only to 
the extent it is deployed in connection with 
equipment described in subparagraph (B) and 
is uniquely designed to perform the function of 
multiplexing and demultiplexing packets or cells 
of data and making associated application 
adaptions, but only if such multiplexing or 
demultiplexing equipment is located between
packet switching equipment described in sub-
paragraph (C) and the subscriber’s premises. 
‘‘(14) QUALIFIED EXPENDITURE.—
‘‘(A) IN
GENERAL.—The term ‘qualified 
expenditure’ means any amount—
‘‘(i) chargeable to capital account with 
respect to the purchase and installation of 
qualified equipment (including any up-
grades thereto) for which depreciation is 
allowable under section 168, and 
‘‘(ii) incurred after December 31, 
2002, and before January 1, 2008. 
‘‘(B) CERTAIN SATELLITE EXPENDITURES 
EXCLUDED.—Such term shall not include any 
expenditure with respect to the launching of 
any satellite equipment. 
‘‘(C) LEASED
EQUIPMENT.—Such term 
shall include so much of the purchase price paid 
by the lessor of equipment subject to a lease de-
scribed in subsection (c)(2)(B) as is attrib-
utable to expenditures incurred by the lessee 
which would otherwise be described in subpara-
graph (A). 
‘‘(15) QUALIFIED
SUBSCRIBER.—The term 
‘qualified subscriber’ means—
‘‘(A) with respect to the provision of cur-
rent generation broadband services—
‘‘(i) any nonresidential subscriber 
maintaining a permanent place of business 
in a rural area or underserved area, or 
‘‘(ii) any residential subscriber resid-
ing in a dwelling located in a rural area or 
underserved area which is not a saturated 
market, and 
‘‘(B) with respect to the provision of next 
generation broadband services—
‘‘(i) any nonresidential subscriber 
maintaining a permanent place of business 
in a rural area or underserved area, or 
‘‘(ii) any residential subscriber. 
‘‘(16) RESIDENTIAL
SUBSCRIBER.—The term 
‘residential subscriber’ means any individual who 
purchases broadband services which are delivered to 
such individual’s dwelling. 
‘‘(17) RURAL
AREA.—The term ‘rural area’ 
means any census tract which—
‘‘(A) is not within 10 miles of any incor-
porated or census designated place containing 
more than 25,000 people, and
‘‘(B) is not within a county or county 
equivalent which has an overall population den-
sity of more than 500 people per square mile of 
land. 
‘‘(18) RURAL
SUBSCRIBER.—The term ‘rural 
subscriber’ means any residential subscriber residing 
in a dwelling located in a rural area or nonresiden-
tial subscriber maintaining a permanent place of 
business located in a rural area. 
‘‘(19) SATELLITE
CARRIER.—The term ‘sat-
ellite carrier’ means any person using the facilities 
of a satellite or satellite service licensed by the Fed-
eral Communications Commission and operating in 
the Fixed-Satellite Service under part 25 of title 47 
of the Code of Federal Regulations or the Direct 
Broadcast Satellite Service under part 100 of title 
47 of such Code to establish and operate a channel 
of communications for distribution of signals, and 
owning or leasing a capacity or service on a satellite 
in order to provide such distribution. 
‘‘(20) SATURATED MARKET.—The term ‘satu-
rated market’ means any census tract in which, as 
of the date of the enactment of this section—
‘‘(A) current generation broadband services 
have been provided by a single provider to 85
percent or more of the total number of potential 
residential subscribers residing in dwellings lo-
cated within such census tract, and 
‘‘(B) such services can be utilized—
‘‘(i) at least a majority of the time 
during periods of maximum demand by 
each such subscriber who is utilizing such 
services, and 
‘‘(ii) in a manner substantially the 
same as such services are provided by the 
provider to subscribers through equipment 
with respect to which no credit is allowed 
under subsection (a)(1). 
‘‘(21) SUBSCRIBER.—The term ‘subscriber’ 
means any person who purchases current generation 
broadband services or next generation broadband 
services. 
‘‘(22) TELECOMMUNICATIONS
CARRIER.—The 
term ‘telecommunications carrier’ has the meaning 
given such term by section 3(44) of the Communica-
tions Act of 1934 (47 U.S.C. 153(44)), but—
‘‘(A) includes all members of an affiliated 
group of which a telecommunications carrier is 
a member, and
‘‘(B) does not include any commercial mo-
bile service carrier. 
‘‘(23) TOTAL
POTENTIAL
SUBSCRIBER
POPU-
LATION.—The term ‘total potential subscriber popu-
lation’ means, with respect to any area and based on 
the most recent census data, the total number of po-
tential residential subscribers residing in dwellings 
located in such area and potential nonresidential 
subscribers maintaining permanent places of busi-
ness located in such area. 
‘‘(24) UNDERSERVED AREA.—The term ‘under-
served area’ means any census tract which is located 
in—
‘‘(A) an empowerment zone or enterprise 
community designated under section 1391, 
‘‘(B) the District of Columbia Enterprise 
Zone established under section 1400, 
‘‘(C) a renewal community designated 
under section 1400E, or 
‘‘(D) a low-income community designated 
under section 45D. 
‘‘(25) UNDERSERVED SUBSCRIBER.—The term 
‘underserved subscriber’ means any residential sub-
scriber residing in a dwelling located in an under-
served area or nonresidential subscriber maintaining
a permanent place of business located in an under-
served area.’’. 
(b) CREDIT TO BE PART OF INVESTMENT CREDIT.—
Section 46 of the Internal Revenue Code of 1986 (relating 
to the amount of investment credit) is amended by striking 
‘‘and’’ at the end of paragraph (2), by striking the period 
at the end of paragraph (3) and inserting ‘‘, and’’, and 
by adding at the end the following:
‘‘(4) the broadband Internet access credit.’’
(c) SPECIAL RULE FOR MUTUAL OR COOPERATIVE 
TELEPHONE COMPANIES.—Section 501(c)(12)(B) of the 
Internal Revenue Code of 1986 (relating to list of exempt 
organizations) is amended by striking ‘‘or’’ at the end of 
clause (iii), by striking the period at the end of clause (iv) 
and inserting ‘‘, or’’, and by adding at the end the fol-
lowing new clause: 
‘‘(v) from the sale of property subject 
to 
a 
lease 
described 
in 
section 
48A(c)(2)(B), but only to the extent such 
income does not in any year exceed an 
amount equal to the credit for qualified ex-
penditures which would be determined 
under section 48A for such year if the mu-
tual or cooperative telephone company was 
not exempt from taxation and was treated
as the owner of the property subject to 
such lease.’’. 
(d) CONFORMING AMENDMENT.—The table of sec-
tions for subpart E of part IV of subchapter A of chapter 
1 of the Internal Revenue Code of 1986 is amended by 
inserting after the item relating to section 48 the fol-
lowing:
‘‘Sec. 48A. Broadband internet access credit.’’.
(e) DESIGNATION OF CENSUS TRACTS.—
(1) IN GENERAL.—The Secretary of the Treas-
ury shall, not later than 90 days after the date of 
the enactment of this Act, designate and publish 
those census tracts meeting the criteria described in 
paragraphs (17) and (24) of section 48A(e) of the 
Internal Revenue Code of 1986 (as added by this 
section). In making such designations, the Secretary 
of the Treasury shall consult with such other depart-
ments and agencies as the Secretary determines ap-
propriate. 
(2) SATURATED MARKET.—
(A) IN GENERAL.—For purposes of desig-
nating and publishing those census tracts meet-
ing the criteria described in subsection (e)(20) 
of such section 48A—
(i) the Secretary of the Treasury shall 
prescribe not later than 30 days after the
date of the enactment of this Act the form 
upon which any provider which takes the 
position that it meets such criteria with re-
spect to any census tract shall submit a 
list of such census tracts (and any other 
information required by the Secretary) not 
later than 60 days after the date of the 
publication of such form, and 
(ii) the Secretary of the Treasury 
shall publish an aggregate list of such cen-
sus tracts submitted and the applicable 
providers not later than 30 days after the 
last date such submissions are allowed 
under clause (i). 
(B) NO SUBSEQUENT LISTS REQUIRED.—
The Secretary of the Treasury shall not be re-
quired to publish any list of census tracts meet-
ing such criteria subsequent to the list de-
scribed in subparagraph (A)(ii). 
(C) AUTHORITY
TO
DISREGARD
FALSE 
SUBMISSIONS.—In addition to imposing any 
other applicable penalties, the Secretary of the 
Treasury shall have the discretion to disregard 
any form described in subparagraph (A)(i) on
which a provider knowingly submitted false in-
formation. 
(f) OTHER REGULATORY MATTERS.—
(1) PROHIBITION.—No Federal or State agency 
or instrumentality shall adopt regulations or rate-
making procedures that would have the effect of 
confiscating any credit or portion thereof allowed 
under section 48A of the Internal Revenue Code of 
1986 (as added by this section) or otherwise sub-
verting the purpose of this section. 
(2) TREASURY REGULATORY AUTHORITY.—It is 
the intent of Congress in providing the broadband 
Internet access credit under section 48A of the In-
ternal Revenue Code of 1986 (as added by this sec-
tion) to provide incentives for the purchase, installa-
tion, and connection of equipment and facilities of-
fering expanded broadband access to the Internet for 
users in certain low income and rural areas of the 
United States, as well as to residential users nation-
wide, in a manner that maintains competitive neu-
trality among the various classes of providers of 
broadband services. Accordingly, the Secretary of 
the Treasury shall prescribe such regulations as may 
be necessary or appropriate to carry out the pur-
poses of section 48A of such Code, including—
(A) regulations to determine how and when 
a taxpayer that incurs qualified expenditures 
satisfies the requirements of section 48A of 
such Code to provide broadband services, and 
(B) regulations describing the information, 
records, and data taxpayers are required to pro-
vide the Secretary to substantiate compliance 
with the requirements of section 48A of such 
Code. 
(g) EFFECTIVE DATE.—The amendments made by 
this section shall apply to expenditures incurred after De-
cember 31, 2002.
Æ