181 
ulation before the expiration of the extended pe-
riod of time. 
(d) COMMISSION TREATMENT OF PROPOSED REGULA-
TION.— 
(1) DRAFT REGULATION.—Within 30 days after 
the Commission receives a proposed regulation from 
the Board under this section the Commission shall 
initiate a rulemaking proceeding to implement the 
proposed regulation. 
(2) DEFERENCE; DEADLINE.—If the Board sub-
mits a proposed regulation under this section the 
Commission, in promulgating a regulation under sec-
tion 343 of the Communications Act of 1934, shall— 
(A) give substantial deference to the pro-
posed regulation submitted by the Board; and 
(B) issue a final rule not later than 6 
months after the date on which the proceeding 
was initiated. 
(3) COMMISSION ACTION IF NO BOARD ACTION.— 
If the Board does not submit a proposed regulation 
to the Commission within 1 year after the date of en-
actment of this Act, plus any extension granted by the 
Commission under subsection (c)— 
(A) the Commission may initiate a pro-
ceeding to determine what, if any, regulations 
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182 
under section 343 of the Communications Act of 
1934 regarding digital audio copy protection are 
necessary; and 
(B) if the Commission determines that such 
regulations are necessary, the Commission may 
promulgate a rule implementing such protections 
as long as such regulations do not harm or delay 
the continued roll-out of HD radio. 
(e) ADMINISTRATIVE PROVISIONS.— 
(1) MEETINGS.—The Board shall meet at the call 
of the Chairman of the Commission. 
(2) EXECUTIVE
DIRECTOR.—The Chairman of 
the Commission may, without regard to civil service 
laws and regulations, appoint and terminate an Ex-
ecutive Director and such other additional personnel 
as may be necessary to enable the Board to perform 
its duties. The Executive Director shall be com-
pensated at a rate not to exceed the rate of pay pay-
able for level V of the Executive Schedule under sec-
tion 5316 of title 5, United States Code. 
(3) TEMPORARY
AND
INTERMITTENT
SERV-
ICES.—In carrying out its duty, the Board may pro-
cure temporary and intermittent services of consult-
ants and experts under section 3109(b) of title 5, 
United States Code, at rates for individuals which do 
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183 
not exceed the daily equivalent of the annual rate of 
basic pay prescribed for level V of the Executive 
Schedule under section 5316 of such title. 
(4) DETAIL
OF
GOVERNMENT
EMPLOYEES.— 
Upon request of the Board, the head of any Federal 
agency may detail any Federal Government employee 
to the Board without reimbursement, and such detail 
shall be without interruption or loss of civil service 
status or privilege. 
(5) 
ADMINISTRATIVE
SUPPORT.—Notwith-
standing section 7(c) of the Federal Advisory Com-
mittee Act (5 U.S.C. App.), the Commission shall pro-
vide the Board with such administrative and sup-
portive services as are necessary to ensure that the 
Board can carry out its functions. 
(6) TERMINATION.—The Board shall terminate 
on the date on which it submits a proposed regulation 
to the Commission or at the discretion of the Chair-
man of the Federal Communications Commission, but 
no later than 18 months after the Board’s first meet-
ing. 
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184 
TITLE V—MUNICIPAL 
BROADBAND 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Community Broadband 
Act’’. 
SEC. 502. STATE REGULATION OF MUNICIPAL BROADBAND 
NETWORKS. 
Section 706 of the Telecommunications Act of 1996 (47 
U.S.C. 157 note) is amended— 
(1) by redesignating subsection (c) as subsection 
(i); 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) LOCAL GOVERNMENT PROVISION OF ADVANCED 
COMMUNICATIONS CAPABILITY AND SERVICES.—No State 
statute, regulation, or other State legal requirement may 
prohibit or have the effect of prohibiting any public pro-
vider from providing, to any person or any public or pri-
vate entity, advanced telecommunications capability or any 
service that utilizes the advanced telecommunications capa-
bility provided by such public provider. 
‘‘(d) SAFEGUARDS.— 
‘‘(1) ANTIDISCRIMINATION.—To the extent any 
public provider regulates competing providers of ad-
vanced telecommunications capability or any service 
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