IB 
Union Calendar No. 274 
110TH CONGRESS 
1ST SESSION H. R. 3919 
[Report No. 110–443] 
To provide for a comprehensive nationwide inventory of existing broadband 
service, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 22, 2007 
Mr. MARKEY (for himself, Mr. DINGELL, Mrs. WILSON of New Mexico, Ms. 
ESHOO, Mr. DOYLE, Mr. GORDON of Tennessee, Mrs. CAPPS, Mr. SPACE, 
Mr. HILL, Ms. SOLIS, Mr. GONZALEZ, Mr. GENE GREEN of Texas, and 
Mr. ALLEN) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce 
NOVEMBER 13, 2007 
Additional sponsors: Mr. BARTON of Texas, Mr. UPTON, and Mr. STUPAK 
NOVEMBER 13, 2007 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on October 22, 2007] 
A BILL 
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 as-
sessment and publish a report on the nature and de-
ployment of, and subscription to, broadband service 
capability throughout the States. 
(2) BANDWIDTH SERVICE TIERS.—The Commis-
sion shall designate bandwidth service tiers by identi-
fying tiers of increasing data transmission speeds of 
broadband service capability that will provide useful 
information about the nature and extent of deploy-
ment of broadband service capability. At a minimum, 
the tiers in the aggregate shall encompass all data 
transmission speeds deployed, and shall consist of 
multiple combinations of upstream and downstream 
data transmission speeds. Each tier shall be des-
ignated, to the extent possible, to correspond to the 
ability to support qualitatively different applications 
and services, which the Commission shall also iden-
tify. 
(3) INFORMATION
COLLECTION.—The Commis-
sion shall collect, or provide for the collection of, in-
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(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 sec-
tion 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 de-
veloped 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 pursuant to this 
section to ensure that the information provided by the 
broadband inventory map is timely and accurate. 
(f) OBTAINING INFORMATION.— 
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(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; and 
(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 in-
formation necessary for displaying a statewide map, 
provided that such map meets, at a minimum, the re-
quirements of subsection (b) for that State and such 
information is in a format that NTIA is able to in-
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corporate into the broadband inventory map required 
under this section. Nothing in this paragraph pre-
cludes such providers or any such entity, with agree-
ment of the providers concerned, from providing to 
the NTIA, or using for its own purposes, more geo-
graphically-specific information than required by 
subsection (b). 
(4) ADDITIONAL INFORMATION, INCLUDING WIFI 
HOTSPOTS.—The NTIA shall also try to obtain accu-
rate information from reliable publicly available 
sources about broadband service capability that is of-
fered to the public but that is not provided by either 
a commercial provider or a public provider directly 
to the public. 
(5) OPT-OUT BY PROVIDERS.—Notwithstanding 
subsection (b)(1)(B), if a provider of broadband serv-
ice 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. 
(g) PROTECTION OF INFORMATION.—Except for the in-
formation provided to the public by the NTIA in subsection 
(d), nothing in this section shall reduce or remove any obli-
gation the NTIA has to protect proprietary information, 
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nor shall this section be construed to compel the NTIA to 
make publicly available any proprietary information. Not-
withstanding any other provision of this section, any infor-
mation obtained by NTIA pursuant to subsection (f) that 
reveals competitively sensitive information of an individual 
provider of broadband service capability shall not be dis-
closed 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 facilitate 
the development of the broadband inventory map required 
under section 3. 
(b) STATE ENTITY APPLICATION AND DESIGNATION.— 
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 informa-
tion 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 for the broadband inventory map re-
quired under section 3. 
(d) CONDITIONS.— 
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(1) INFORMATION SHARING.—As a condition of 
receipt of a grant under this section, the eligible enti-
ty shall agree to provide to the NTIA the information 
developed or obtained using such grant amounts and 
necessary for the broadband inventory map required 
under section 3. 
(2) MATCHING REQUIREMENT.—An eligible enti-
ty 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 carrying out such activities. 
(e) GRANT CRITERIA.—The NTIA shall select an eligi-
ble entity to receive a grant under this section based upon 
criteria that shall include— 
(1) whether such entity requesting a grant is or-
ganized on a statewide basis and prepared to develop 
information for use by NTIA on a timely basis; 
(2) the need of such entity for financial support, 
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— 
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(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 regula-
tions 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 tax-
ation 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 receive 
a grant under this section. 
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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, consumer 
organizations, elementary and secondary education, health 
care providers, libraries, higher education, community- 
based organizations, tribal organizations, and local govern-
ment. 
(b) STATE ENTITY APPLICATION AND DESIGNATION.— 
Each eligible planning entity in any State that seeks to 
obtain a grant under this section shall submit an applica-
tion 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 demonstration that— 
(1) the entity is an eligible planning entity; and 
(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 
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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 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 serv-
ice capability and other high technology companies to 
encourage the deployment and use of broadband serv-
ice capability in unserved and underserved 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 
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(7) facilitate the exchange of information regard-
ing the use and demand for broadband service capa-
bility 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 prohi-
bition 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 regula-
tions 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— 
(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. 
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SEC. 6. CONSUMER SURVEY OF BROADBAND SERVICE CAPA-
BILITY. 
(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 markets 
to determine the following: 
(1) The types of technology used to provide the 
broadband service capability to which consumers sub-
scribe. 
(2) The amounts consumers pay per month for 
such capability. 
(3) The actual data transmission speeds of such 
capability. 
(4) The types of applications and services con-
sumers most frequently use in conjunction with such 
capability. 
(5) For consumers who have declined to subscribe 
to broadband service capability, the reasons given by 
such consumers for declining such capability. 
(6) Other sources of broadband service capability 
which consumers regularly use or on which they rely. 
(7) Any other information the Commission 
deems appropriate for such purpose. 
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(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, promulgate 
regulations— 
(1) to protect the confidentiality of personal con-
sumer 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 el-
igible entity under section 4, eligible planning entity 
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 ad-
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