IIB 
110TH CONGRESS 
1ST SESSION H. R. 3919 
IN THE SENATE OF THE UNITED STATES 
NOVEMBER 14, 2007 
Received; read twice and referred to the Committee on Commerce, Science, 
and Transportation 
AN ACT 
To provide for a comprehensive nationwide inventory of 
existing broadband service, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Broadband Census of 
America Act of 2007’’. 
SEC. 2. CENSUS OF BROADBAND SERVICE DEPLOYMENT. 
(a) DUTY TO COLLECT AND REPORT.— 
(1) ANNUAL ASSESSMENT AND REPORT.—The 
Commission shall, on an annual basis, conduct an 
assessment and publish a report on the nature and 
deployment of, and subscription to, broadband serv-
ice 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 information about the nature and extent 
of deployment of broadband service capability. At a 
minimum, the tiers in the aggregate shall encompass 
all data transmission speeds deployed, and shall con-
sist of multiple combinations of upstream and down-
stream data transmission speeds. Each tier shall be 
designated, to the extent possible, to correspond to 
the ability to support qualitatively different applica-
tions and services, which the Commission shall also 
identify. 
(3) INFORMATION COLLECTION.—The Commis-
sion shall collect, or provide for the collection of, in-
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formation from all commercial and public providers 
of broadband service capability under its jurisdiction 
in each State. Such information shall include— 
(A) for each area encompassed by a United 
States postal zip code of the 5 digit level— 
(i) information concerning the types 
of technology used to provide broadband 
service capability in such area; 
(ii) the tiers designated under para-
graph (2) used to provide such capability 
in such area; and 
(iii) the actual number of residential 
subscribers and the actual number of busi-
ness subscribers in such area; and 
(B) for each State, the actual number of 
residential subscribers and the actual number of 
business subscribers for each tier of service des-
ignated under paragraph (2). 
(4) INFORMATION REPORTED.—In the annual 
report required by paragraph (1), the Commission 
shall provide to the public— 
(A) for each area encompassed by a United 
States postal zip code of the 5 digit level— 
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(i) a list of the types of technology 
used to provide such capability in such 
area; and 
(ii) the actual number of residential 
subscribers and the actual number of busi-
ness subscribers to broadband service ca-
pability in such area, each in the aggre-
gate; and 
(B) for each State, the actual number of 
residential subscribers and the actual number of 
business subscribers for each tier of service des-
ignated under paragraph (2), each in the aggre-
gate. 
(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 
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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. 
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(d) PROTECTION OF INFORMATION.—Except for the 
information provided to the public by the Commission in 
its annual report pursuant to subsection (a)(4), nothing 
in this section shall reduce or remove any obligation the 
Commission has to protect proprietary information, nor 
shall this section be construed to compel the Commission 
to make publicly available any proprietary information. 
Any information collected by the Commission pursuant to 
subsection (a)(3) that reveals any competitively sensitive 
information of an individual provider of broadband service 
capability shall not be disclosed by the Commission under 
subsection (a)(4) or otherwise. 
(e) REGULATIONS.—The Commission shall, within 
180 days after the date of the enactment of this Act, pro-
mulgate regulations to implement this section. 
(f) ENFORCEMENT AUTHORITY.—The Commission 
shall enforce this section as if such section was a part of 
the Communications Act of 1934. For the purpose of this 
section, any violations of this section, or any regulations 
promulgated under this section, shall be considered to be 
a violation of the Communications Act of 1934 or a regu-
lation promulgated under that Act, respectively. 
SEC. 3. BROADBAND INVENTORY MAP. 
(a) ESTABLISHMENT.—To provide a comprehensive 
nationwide inventory of existing broadband service capa-
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available within such area for each pro-
vider 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— 
(1) seek to overlay demographic data obtained 
from other sources in the Department of Commerce 
and elsewhere for use with such broadband inventory 
map; and 
(2) make available such map, and the informa-
tion on which it is based, to such other sources in 
the Department for demographic purposes, subject 
to section 7. 
(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 and searchable. 
(e) UPDATING.—The NTIA shall update the 
broadband inventory map developed and maintained pur-
suant to this section to ensure that the information pro-
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vided by the broadband inventory map is timely and accu-
rate. 
(f) OBTAINING INFORMATION.— 
(1) IN GENERAL.—The NTIA shall request and 
obtain such information as may be necessary to 
carry out this section from the following: 
(A) Eligible entities under section 4. 
(B) The Commission. 
(C) Commercial and public providers of 
broadband service capability. 
(2) PRIORITY OF INFORMATION REQUESTS.—If 
the NTIA has not otherwise obtained such informa-
tion pursuant to paragraph (3), the NTIA shall— 
(A) first request and try to obtain such in-
formation from such eligible entities before re-
questing and obtaining such information from 
the Commission; and 
(B) only request such information from 
commercial and public providers of broadband 
service capability if such information cannot be 
obtained in a timely fashion from such eligible 
entities or the Commission. 
(3) COMPATIBLE
FORMAT.—Such entities or 
such providers may elect to provide the NTIA with 
the information necessary for displaying a statewide 
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map, provided that such map meets, at a minimum, 
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. Nothing in this 
paragraph precludes such providers or any such en-
tity, with agreement of the providers concerned, 
from providing to the NTIA, or using for its own 
purposes, more geographically-specific information 
than required by subsection (b). 
(4) ADDITIONAL
INFORMATION, 
INCLUDING 
WIFI HOTSPOTS.—The NTIA shall also try to obtain 
accurate information from reliable publicly available 
sources about broadband service capability that is 
offered to the public but that is not provided by ei-
ther a commercial provider or a public provider di-
rectly to the public. 
(5) OPT-OUT BY PROVIDERS.—Notwithstanding 
subsection (b)(1)(B), if a provider of broadband 
service capability requests that the map developed 
and maintained pursuant to this section shall not 
depict the information in clause (i) or (ii), or both, 
of such subsection for a particular area or areas, the 
NTIA shall comply with such request. 
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(g) PROTECTION OF INFORMATION.—Except for the 
information provided to the public by the NTIA in sub-
section (d), nothing in this section shall reduce or remove 
any obligation the NTIA has to protect proprietary infor-
mation, nor shall this section be construed to compel the 
NTIA to make publicly available any proprietary informa-
tion. Notwithstanding any other provision of this section, 
any information obtained by NTIA pursuant to subsection 
(f) that reveals competitively sensitive information of an 
individual provider of broadband service capability 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 10(b) for 
use under this section, make grants to an eligible entity 
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. 
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(c) USE.—Amounts from a grant under this section 
may be used only for costs involved in developing and ob-
taining information for the broadband inventory map re-
quired 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 the informa-
tion developed or obtained using such grant amounts 
and necessary for the broadband inventory map re-
quired under section 3. 
(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. 
(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; 
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(2) the need of such entity for financial sup-
port, taking into account the financial support from 
State or other sources, 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) REGULATIONS.—The NTIA shall issue such regu-
lations as may be necessary to carry out the functions as-
signed under 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 
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 
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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 10(c), the NTIA 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, tribal 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, 
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 
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(2) the eligible planning entity— 
(A) is the single eligible 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; 
or 
(B) is the single eligible planning entity 
that is designated by the governing body of an 
Indian tribe to receive a grant under this sec-
tion. 
(c) USE OF FUNDS.—Amounts from a grant under 
this section shall be used to assist an eligible planning en-
tity 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 
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broadband service capability in unserved and under-
served areas; 
(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) REGULATIONS.—The NTIA shall issue such regu-
lations as may be necessary to carry out the functions as-
signed under this section. 
(f) ELIGIBLE PLANNING ENTITY.—For the purposes 
of this section, the term ‘‘eligible planning entity’’ for any 
State means— 
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(1) an agency or instrumentality of that State, 
a municipality or other subdivision (or agency or in-
strumentality of a municipality or other subdivision) 
of that State, or an Indian tribe; or 
(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.—For the purpose of evaluating, on 
a statistically significant basis, the national characteristics 
of the use of broadband service capability, the Commission 
shall conduct and make public periodic surveys of con-
sumers in urban, suburban, and rural areas in the large 
business, small business, and residential consumer mar-
kets to determine the following: 
(1) The types of technology used to provide the 
broadband service capability to which consumers 
subscribe. 
(2) The amounts consumers pay per month for 
such capability. 
(3) The actual data transmission speeds of such 
capability. 
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(4) The types of applications and services con-
sumers most frequently use in conjunction with such 
capability. 
(5) For consumers who have declined to sub-
scribe to broadband service capability, the reasons 
given by such consumers for declining such capa-
bility. 
(6) Other sources of broadband service capa-
bility which consumers regularly use or on which 
they rely. 
(7) Any other information the Commission 
deems appropriate for such purpose. 
(b) PUBLIC AVAILABILITY.—The Commission shall 
make publicly available the results of surveys conducted 
under this section at least once per year. 
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 
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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 that may compose it. 
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, Indian tribes, or units of local government to com-
pel the collection of information. 
SEC. 9. SUNSET PROVISIONS. 
(a) BROADBAND
DEPLOYMENT
INFORMATION
& 
CONSUMER SURVEY.—Sections 2 and 6 shall cease to be 
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(1) BROADBAND
SERVICE
CAPABILITY.—The 
term ‘‘broadband service capability’’ means an Inter-
net Protocol-based transmission service that is of-
fered to end users to enable such end users to send 
and receive voice, video, data, graphics, or a com-
bination, to or from the Internet without regard to 
any transmission media or technology. 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
(3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given in section 4(e) of the Indian 
Self-Determination and Education Assistance Act 
(25 U.S.C. 450b(e)). 
(4) NTIA.—The term ‘‘NTIA’’ means the Na-
tional Telecommunications and Information Admin-
istration of the Department of Commerce. 
(5) 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; 
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(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 
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. 
(6) 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-
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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. 
(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. 
Passed the House of Representatives November 13, 
2007. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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