(1) ANNUAL ASSESSMENT AND REPORT.—The 
Commission shall, on an annual basis, conduct an 
assessment and publish a report on the deployment, 
by bandwidth service tiers and types of technology, 
of broadband service capability throughout the 
States. 
(2) BANDWIDTH
SERVICE
TIERS.—The Com-
mission shall designate bandwidth service tiers by 
identifying tiers of increasing data transmission 
speeds of broadband service capability that will pro-
vide useful, informative information about the na-
ture and extent of deployment of broadband service 
capability. At a minimum, the tiers in the aggregate 
shall encompass all data transmission speeds de-
ployed, and shall consist of multiple combinations of 
upstream and downstream data transmission speeds. 
Each tier shall be designated, to the extent possible, 
to correspond to the ability to support qualitatively 
different applications and services, which the Com-
mission shall also identify. 
(3) INFORMATION COLLECTION.—The Commis-
sion shall collect information from all commercial 
and public providers of broadband service capability 
under its jurisdiction in each State. Such informa-
VerDate Aug 31 2005 
05:55 Oct 23, 2007
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3919.IH
H3919
bajohnson on PROD1PC69 with BILLS
tion shall include, for each area encompassed by a 
United States postal zip code of the 5 digit level— 
(A) information concerning deployment of 
the types of technology used to provide 
broadband service capability; 
(B) the actual number of residential sub-
scribers, small business subscribers, and large 
business subscribers in each such area, and for 
each tier designated under paragraph (2); and 
(C) the advertised data transmission 
speeds of broadband service capability offered 
in each such area. 
(b) EVOLUTION OF ASSESSMENT.—The Commission 
shall periodically review both the bandwidth service tiers 
and the types of technology utilized in its assessment 
under subsection (a) to take into account changes in tech-
nology and marketplace conditions. 
(c) INTERNATIONAL COMPARISON.— 
(1) INTERNATIONAL COMPARISON.—As part of 
the assessment and report required by this section, 
the Commission shall include information comparing 
the extent of broadband service capability (including 
data transmission speeds and price for broadband 
service capability) in a total of 75 communities in at 
VerDate Aug 31 2005 
05:55 Oct 23, 2007
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3919.IH
H3919
bajohnson on PROD1PC69 with BILLS
least 25 countries abroad for each of the tiers des-
ignated pursuant to subsection (a)(2). 
(2) CONTENTS.—The Commission shall choose 
communities for the comparison under this sub-
section in a manner that will offer, to the extent 
possible, communities of a population size, popu-
lation density, topography, and demographic profile 
that are comparable to the population size, popu-
lation density, topography, and demographic profile 
of various communities within the United States. 
The Commission shall include in the comparison 
under this subsection— 
(A) a geographically diverse selection of 
countries; and 
(B) communities including the capital cit-
ies of such countries. 
(3) SIMILARITIES
AND
DIFFERENCES.—The 
Commission shall identify relevant similarities and 
differences in each community, including their mar-
ket structures, the number of competitors, the num-
ber of facilities-based providers, the types of tech-
nologies deployed by such providers, the applications 
and services those technologies enable, and the regu-
latory model under which broadband service capa-
bility is provided. 
VerDate Aug 31 2005 
05:55 Oct 23, 2007
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3919.IH
H3919
bajohnson on PROD1PC69 with BILLS
(d) PROTECTION OF INFORMATION.—Nothing in this 
section shall reduce or remove any obligation the Commis-
sion has to protect proprietary information, nor shall this 
section be construed to compel the Commission to make 
publicly available any proprietary information. Any infor-
mation collected by the Commission pursuant to sub-
section (a)(3) that reveals business or marketing plans or 
any other competitively sensitive or proprietary informa-
tion of a provider of broadband service capability, or that 
is not, in the normal course of business, known or shared 
by competing providers or made publicly available, shall 
not be disclosed by the Commission. 
(e) REGULATIONS.—The Commission shall, within 
180 days after the date of the enactment of this Act, pro-
mulgate regulations to implement this section. 
SEC. 3. BROADBAND INVENTORY MAP. 
(a) ESTABLISHMENT.—To provide a comprehensive 
nationwide inventory of existing broadband service capa-
bility and infrastructure, the Assistant Secretary for Com-
munications and Information of the Department of Com-
merce and the NTIA shall develop and maintain a 
broadband inventory map of the United States that identi-
fies and depicts the geographic extent to which broadband 
service capability is deployed and available from a com-
mercial provider or public provider throughout each State. 
VerDate Aug 31 2005 
05:55 Oct 23, 2007
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3919.IH
H3919
bajohnson on PROD1PC69 with BILLS
(b) INFORMATION SHOWN.—The broadband inven-
tory map developed and maintained pursuant to this sec-
tion shall be capable of identifying and depicting, nation-
wide, for each State, and for each county or parish of each 
State— 
(1) each area encompassed by a United States 
postal zip code of 9 digit level, census tract level, or 
functional equivalent in which broadband service ca-
pability is deployed at that time, including— 
(A) each commercial or public provider of 
broadband service capability within such area; 
(B) each type of technology used to pro-
vide broadband service capability within such 
area; and 
(C) which bandwidth service tiers are 
available within such area for each provider of 
broadband service capability; and 
(2) each area encompassed by a United States 
postal zip code of 9 digit level, census tract level, or 
functional equivalent in which broadband service ca-
pability is not deployed at that time. 
(c) DATA USE ENCOURAGED.—The NTIA shall seek 
to overlay demographic data obtained from other sources 
in the Department of Commerce and elsewhere for use 
with such broadband inventory map. 
VerDate Aug 31 2005 
05:55 Oct 23, 2007
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3919.IH
H3919
bajohnson on PROD1PC69 with BILLS
(d) PUBLIC AVAILABILITY AND INTERACTIVITY.— 
Not later than 2 years after the date of the enactment 
of this Act, the NTIA shall make the broadband inventory 
map developed and maintained pursuant to this section 
accessible by the public on a World Wide Web site of the 
NTIA in a form that is interactive for users and search-
able by each of the geographic areas specified in sub-
section (b). 
(e) UPDATING.—The NTIA shall update the 
broadband inventory map developed and maintained pur-
suant to this section to ensure that the information pro-
vided by the broadband inventory map is timely and accu-
rate. 
(f) OBTAINING INFORMATION.— 
(1) IN GENERAL.—The NTIA shall request and 
obtain, from the Commission, eligible entities under 
section 4, and commercial and public providers of 
broadband service capability, such information as 
may be necessary to carry out this section. 
(2) PRIORITY OF INFORMATION REQUESTS.— 
The NTIA shall first request and obtain such infor-
mation from the Commission or such entities before 
requesting and obtaining such information from 
commercial and public providers of broadband serv-
ice capability. 
VerDate Aug 31 2005 
05:55 Oct 23, 2007
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3919.IH
H3919
bajohnson on PROD1PC69 with BILLS
(3) COMPATIBLE
FORMAT.—Such entities or 
providers may elect to provide the NTIA with the in-
formation necessary for displaying a statewide map, 
provided that such map meets the requirements of 
subsection (b) for that State and such information 
is in a format that NTIA is able to incorporate into 
the broadband inventory map required under this 
section. 
(g) PROTECTION OF INFORMATION.—Nothing in this 
section shall reduce or remove any obligation the NTIA 
has to protect proprietary information, nor shall this sec-
tion be construed to compel the NTIA to make publicly 
available any proprietary information. Any information 
obtained by NTIA pursuant to subsection (f) that reveals 
business or marketing plans or any other competitively 
sensitive or proprietary information of a provider of 
broadband service capability, or that is not, in the normal 
course of business, known or shared by competing pro-
viders or made publicly available, shall not be disclosed 
by NTIA. 
SEC. 4. GRANTS TO STATES FOR BROADBAND MAP DEVEL-
OPMENT. 
(a) IN GENERAL.—The NTIA may, to the extent 
amounts are made available pursuant to section 9(b) for 
use under this section, make grants to an eligible entity 
VerDate Aug 31 2005 
05:55 Oct 23, 2007
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3919.IH
H3919
bajohnson on PROD1PC69 with BILLS
to assist in providing the NTIA with information to facili-
tate the development of the broadband inventory map re-
quired under section 3. 
(b) STATE ENTITY APPLICATION
AND DESIGNA-
TION.—An eligible entity in any State that seeks to obtain 
a grant under this section shall submit an application to 
the NTIA at such time, in such form, and containing such 
information and assurances as the NTIA may require. 
(c) USE.—Amounts from a grant under this section 
may be used only for costs involved in developing and ob-
taining information necessary to provide the broadband in-
ventory map required under section 3. 
(d) CONDITIONS.— 
(1) INFORMATION SHARING.—As a condition of 
receipt of a grant under this section, the eligible en-
tity shall agree to provide to the NTIA any informa-
tion developed or obtained using such grant 
amounts. 
(2) MATCHING REQUIREMENT.—An eligible en-
tity may not obtain a grant under this section to 
carry out the activities under this section unless 
such entity agrees to provide, from non-Federal 
funds, an amount equal to not less than 20 percent 
of the amount of the grant toward the costs of car-
rying out such activities. 
VerDate Aug 31 2005 
05:55 Oct 23, 2007
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3919.IH
H3919
bajohnson on PROD1PC69 with BILLS
(e) GRANT CRITERIA.—The NTIA shall select an eli-
gible entity to receive a grant under this section based 
upon criteria that shall include— 
(1) whether such entity requesting a grant is 
organized on a statewide basis and prepared to de-
velop information for use by NTIA on a timely basis; 
(2) the extent to which financial support from 
State or other sources is unavailable to such entity 
to fulfill the objectives of this Act; and 
(3) whether the denial of such entity’s grant re-
quest would— 
(A) result in the inability of such entity to 
develop information on a timely or comprehen-
sive basis; and 
(B) result in a gap in the information for 
that State or otherwise thwart the objectives of 
this Act. 
(f) SUBCONTRACTS PERMITTED.—An eligible entity 
may enter into contracts to carry out subsection (c) and 
the other requirements of this section. 
(g) ELIGIBLE ENTITY.—For the purposes of this sec-
tion, the term ‘‘eligible entity’’ for any State means— 
(1) an entity that is either— 
(A) an agency or instrumentality of that 
State, or a municipality or other subdivision (or 
VerDate Aug 31 2005 
05:55 Oct 23, 2007
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3919.IH
H3919
bajohnson on PROD1PC69 with BILLS
agency or instrumentality of a municipality or 
other subdivision) of that State; or 
(B) a nonprofit organization that is de-
scribed in section 501(c)(3) of the Internal Rev-
enue Code of 1986 and that is exempt from 
taxation under section 501(a) of such Code; 
and 
(2) the entity is the single eligible entity in such 
State that has been designated by the State to re-
ceive a grant under this section. 
SEC. 5. GRANTS FOR DEMAND-SIDE BROADBAND SERVICE 
IDENTIFICATION AND ASSESSMENTS. 
(a) GRANT AUTHORITY.—From the amounts appro-
priated under section 9(c), the Secretary shall establish 
a grant program to create and facilitate the work of local 
technology planning entities that represent a broad cross- 
section of their community, including representatives of 
business, telecommunications labor organizations, con-
sumer organizations, elementary and secondary education, 
health care providers, libraries, higher education, commu-
nity-based organizations, and local government. 
(b) STATE ENTITY APPLICATION
AND DESIGNA-
TION.—Each eligible planning entity in any State that 
seeks to obtain a grant under this section shall submit 
an application to the NTIA at such time, in such form, 
VerDate Aug 31 2005 
05:55 Oct 23, 2007
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3919.IH
H3919
bajohnson on PROD1PC69 with BILLS
and containing such information and assurances as the 
NTIA may require. Such application shall contain a dem-
onstration that— 
(1) the entity is an eligible planning entity; and 
(2) the eligible planning entity is the single eli-
gible planning entity in such State that has been 
designated by the State for an exclusive geographic 
area within the State to receive a grant under this 
section. 
(c) USE OF FUNDS.—Grants awarded by the Sec-
retary under this section shall be used to assist an eligible 
planning entity to— 
(1) assess the current use of broadband service 
capability across relevant community sectors; 
(2) set goals for improving or maximizing such 
use within each sector; 
(3) develop a plan for achieving the eligible 
planning entity’s goals, with specific recommenda-
tions for identifying and spurring demand for such 
capability; 
(4) collaborate with providers of broadband 
service capability and other high technology compa-
nies to encourage the deployment and use of 
broadband service capability in unserved and under-
served areas; 
VerDate Aug 31 2005 
05:55 Oct 23, 2007
Jkt 069200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3919.IH
H3919
bajohnson on PROD1PC69 with BILLS
(5) identify local demand for broadband service 
capability and aggregate such demand; 
(6) establish programs, but not acquire equip-
ment or facilities, to improve computer ownership 
and Internet access for unserved and underserved 
populations; and 
(7) facilitate the exchange of information re-
garding the use and demand for broadband service 
capability between the public and private sectors. 
(d) PROHIBITION.—Funds made available by a grant 
under this section shall not be used for the provision of 
broadband service capability or the acquisition of equip-
ment or facilities for such capability, except that this pro-
hibition shall not prohibit an eligible planning entity’s use 
of such funds to acquire broadband service capability or 
equipment or facilities for such capability for use by such 
entity in its own conduct of planning activities. 
(e) ELIGIBLE PLANNING ENTITY.—For the purposes 
of this section, the term ‘‘eligible planning entity’’ for any 
State means— 
(1) an agency or instrumentality of that State, 
or a municipality or other subdivision (or agency or 
instrumentality of a municipality or other subdivi-
sion) of that State; or 
VerDate Aug 31 2005 
05:55 Oct 23, 2007
Jkt 069200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3919.IH
H3919
bajohnson on PROD1PC69 with BILLS
(2) a nonprofit organization that is described in 
section 501(c)(3) of the Internal Revenue Code of 
1986 and that is exempt from taxation under section 
501(a) of such Code. 
SEC. 6. CONSUMER SURVEY OF BROADBAND SERVICE CA-
PABILITY. 
(a) AUTHORITY.—The Commission shall conduct and 
make public periodic surveys of consumers of broadband 
service capability in urban, suburban, and rural areas in 
the large business, small business, and residential con-
sumer markets to determine the following: 
(1) The type of technology used to provide the 
broadband service capability to which the consumer 
subscribes. 
(2) The amount the consumer pays per month 
for such capability. 
(3) The actual data transmission speeds of such 
capability. 
(4) The types of applications and services the 
consumer most frequently uses in conjunction with 
such capability. 
(b) PUBLIC AVAILABILITY.—The Commission shall 
make publicly available the results of surveys conducted 
under this section at least once per year. 
VerDate Aug 31 2005 
05:55 Oct 23, 2007
Jkt 069200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H3919.IH
H3919
bajohnson on PROD1PC69 with BILLS
SEC. 7. CONFIDENTIALITY OF CONSUMER INFORMATION. 
(a) IN GENERAL.—The Commission shall, within 180 
days after the date of the enactment of this Act, promul-
gate regulations— 
(1) to protect the confidentiality of personal 
consumer information collected for the purposes of 
this Act; 
(2) to require the Commission, the NTIA, and 
each other entity that collects or controls such infor-
mation for the purposes of this Act (including any 
eligible entity under section 4, eligible planning enti-
ty designated under section 5(b)(2), and commercial 
and public provider of broadband service capability) 
to protect the confidentiality of such information; 
and 
(3) to permit such information to be disclosed 
by such entities only to the extent consistent with 
the provisions and for the purposes of this Act, or 
with the prior express authorization of the consumer 
to whom it pertains. 
(b) 
LIMITATION.—The 
regulations 
promulgated 
under subsection (a) shall not preclude the ability of any 
consumer or other person or entity to search, by individual 
street address, the broadband inventory map developed 
and maintained pursuant to section 3, or any of the indi-
vidual State maps which may compose it. 
VerDate Aug 31 2005 
05:55 Oct 23, 2007
Jkt 069200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H3919.IH
H3919
bajohnson on PROD1PC69 with BILLS
SEC. 8. STATE OR LOCAL AUTHORITY. 
Except as provided in section 7, nothing in this Act 
shall be construed to expand or limit the authority of 
States or units of local government to compel the collec-
tion of information. 
SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There is authorized to be appro-
priated to carry out this Act— 
(1) $12,000,000 for fiscal year 2008; 
(2) $12,000,000 for fiscal year 2009; and 
(3) $12,000,000 for fiscal year 2010. 
(b) BROADBAND MAP INFORMATION DEVELOPMENT 
GRANTS.—Of any amounts appropriated in each fiscal 
year pursuant to subsection (a), not less than $8,000,000 
shall be available only for grants under section 4. 
(c) LOCAL TECHNOLOGY PLANNING GRANTS.—In 
addition to the amount appropriated under subsection (a), 
there is authorized to be appropriated to make grants 
under section 5— 
(1) $50,000,000 for fiscal year 2008; 
(2) $100,000,000 for fiscal year 2009; and 
(3) $150,000,000 for fiscal year 2010. 
SEC. 10. DEFINITIONS. 
For the purposes of this Act, the following definitions 
shall apply: 
VerDate Aug 31 2005 
05:55 Oct 23, 2007
Jkt 069200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H3919.IH
H3919
bajohnson on PROD1PC69 with BILLS
(1) BROADBAND
SERVICE
CAPABILITY.—The 
term ‘‘broadband service capability’’ means an Inter-
net Protocol-based transmission service that enables 
users to send and receive voice, video, data, graph-
ics, or a combination, without regard to any trans-
mission media or technology. 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
(3) NTIA.—The term ‘‘NTIA’’ means the Na-
tional Telecommunications and Information Admin-
istration of the Department of Commerce. 
(4) PERSONAL CONSUMER INFORMATION.—The 
term ‘‘personal consumer information’’— 
(A) means information that allows a 
human being to be identified individually; 
(B) includes the following information with 
respect to an individual: 
(i) the first and last name; 
(ii) a home or physical address; 
(iii) a date or place of birth; 
(iv) an email address or a telephone 
number; 
(v) a Social Security account number, 
tax identification number, birth certificate 
number, passport number, driver’s license 
VerDate Aug 31 2005 
05:55 Oct 23, 2007
Jkt 069200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H3919.IH
H3919
bajohnson on PROD1PC69 with BILLS
number, or any other any government- 
issued identification number; or 
(vi) a credit card number or bank ac-
count or card number; and 
(C) does not include any record of aggre-
gate information that does not permit the iden-
tification of particular individuals. 
(5) PROVIDER.— 
(A) PUBLIC PROVIDER.—The term ‘‘pub-
lic’’ when used with respect to a provider of 
broadband service capability means a provider 
that is an agency or instrumentality of a State, 
or a municipality or other subdivision (or agen-
cy or instrumentality of a municipality or other 
subdivision) of a State, regardless of the facili-
ties used. 
(B) COMMERCIAL
PROVIDER.—The term 
‘‘commercial’’ when used with respect to a pro-
vider of broadband service capability means a 
provider that offers broadband service capa-
bility for a fee, or on an advertising-supported 
basis, directly to the public or to such classes 
of users as to be effectively available to the 
public, regardless of the facilities used. 
VerDate Aug 31 2005 
05:55 Oct 23, 2007
Jkt 069200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H3919.IH
H3919
bajohnson on PROD1PC69 with BILLS
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce. 
(7) STATE.—The term ‘‘State’’ means the 
States of the United States, the District of Colum-
bia, the Commonwealth of Puerto Rico, Guam, the 
Virgin Islands, American Samoa, the Northern Mar-
iana Islands, and any other territory and possession 
of the United States. 
Æ 
VerDate Aug 31 2005 
05:55 Oct 23, 2007
Jkt 069200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6301
E:\BILLS\H3919.IH
H3919
bajohnson on PROD1PC69 with BILLS