(D) SUBSCRIBER
CHARGES.—An ISP or 
MVPD may charge a subscriber for expenses 
accrued under this section by an ISP or 
MVPD. Any charges to a subscriber under this 
subparagraph are subject to section 642 of the 
Communications Act of 1934 (47 U.S.C. 562). 
(g) ENFORCEMENT.— 
(1) CIVIL ACTION.—A violation of this section 
or any rule issued under this section by any multi- 
dwelling unit, ISP, or MVPD shall be subject to a 
civil action by any resident of the multi-dwelling unit 
as if the multi-dwelling unit, ISP, or MVPD violated 
section 631(f) of the Communications Act of 1934 
(47 U.S.C. 551(f)). This right to civil action may 
not be waived or subject to any arbitration require-
ment. 
(2) REQUEST FOR ACCESS.—An ISP, MVPD, 
or resident of a multi-dwelling unit may file a re-
quest to the Commission, or to the Federal district 
court with jurisdiction over the multi-dwelling unit, 
for an order to allow access to the premises to install 
and provide service. 
(3) LIMITATIONS
TO
ACCESS.—Any access 
granted under paragraph (2) shall be consistent with 
any applicable Commission rule, any applicable State 
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or local building code, or any other additional con-
sideration to protect life, safety, or the quality of life 
of other residents of the multi-dwelling unit. 
(4) DEADLINE FOR ISSUING ORDER.—Not later 
than 90 days after the date on which a request for 
an order is filed under paragraph (2), the Commis-
sion or district court, as applicable, shall make a de-
termination and issue the order or a denial of the 
order granting access. 
(5) SERVICE
OF
PROCESS
REQUIRED.—Any 
party that files a request for an order under para-
graph (2) shall serve a copy of the request on the 
multi-dwelling unit, and on any ISP or MVPD that 
offers service to residents of the multi-dwelling unit. 
SEC. 8. STUDY OF THE IMPACT OF FRANCHISING AGREE-
MENTS ON CONSUMERS AND COMPETITION. 
(a) PROCEEDING BY FCC.— 
(1) IN GENERAL.— 
(A) INITIATION.—Not later than 1 year 
after the date of the enactment of this Act, the 
Commission shall initiate a proceeding to ana-
lyze the use of franchising agreements between 
telecommunications providers and municipal 
governments as well as the impact of these 
agreements on the price and quality of service 
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for consumers and competition in the local mar-
ket. 
(B) CONCLUSION.—Not later than 1 year 
after initiating the proceeding under subpara-
graph (A), the Commission shall conclude the 
proceeding. 
(2) MATTERS
FOR
ANALYSIS.—The analysis 
conducted under paragraph (1) shall include the fol-
lowing: 
(A) ESTIMATION
OF
FRANCHISE
AGREE-
MENTS.—An estimation of the number of fran-
chising agreements in effect or entered into 
during the covered period. 
(B) CONSUMER
COSTS.—An examination 
of the cost of broadband for consumers living in 
areas within the jurisdiction of the franchise 
and comparative analysis relative to comparable 
localities without such agreements. 
(C) QUALITY OF SERVICE.—An examina-
tion of the quality of service provided to con-
sumers living throughout the jurisdiction the 
franchise in order to identify any differences in 
quality of service provided in different regions 
within the same franchise. 
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(3) COVERED PERIOD DEFINED.—In this sub-
section, the term ‘‘covered period’’ means the 6-year 
period that— 
(A) begins on the date that is 3 years be-
fore the date on which the proceeding under 
paragraph (1) is initiated; and 
(B) ends on the date that is 3 years after 
the date on which the proceeding is initiated. 
(b) REPORT TO CONGRESS.—Not later than 120 days 
after concluding the proceeding under subsection (a)(1), 
the Commission shall publish on its website and submit 
to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Energy and 
Commerce of the House of Representatives a report on 
the findings of the proceeding. 
SEC. 9. NO FORBEARANCE OR WAIVER. 
Notwithstanding sections 10 or 332 of the Commu-
nications Act of 1934 (47 U.S.C. 161, 332) or any other 
relevant provision of law, the Commission may not forbear 
from or waive any provision of this Act or forbear from 
or waive any rule issued pursuant to this Act. 
SEC. 10. NO PREEMPTION OF CONSISTENT STATE OR 
LOCAL AUTHORITY. 
Nothing in this Act may be construed to preempt any 
consistent provision of State law or local regulation. The 
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remedies provided for in this Act shall be in addition to 
any other remedy provided by common law, State law, or 
Federal law. 
SEC. 11. DEFINITIONS. 
In this Act: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
(2) ISP.—The term ‘‘ISP’’ or ‘‘internet service 
provider’’ means a provider of broadband internet 
access service (as defined by the Commission in sec-
tion 8.1 of part 47, Code of Federal Regulations, or 
subsequent regulation). 
(3) MULTI-DWELLING UNIT; MDU.—The term 
‘‘multi-dwelling unit’’ or ‘‘MDU’’ has the meaning 
given the term ‘‘MDU’’ in section 76.800(a) of part 
47, Code of Federal Regulations, and any other enti-
ty the Commission determines to be necessary to ef-
fectuate the purposes of this Act. 
(4) MVPD.—The term ‘‘MVPD’’ means has 
the meaning given the term ‘‘multichannel video pro-
gramming distributor’’ in section 602 of the Com-
munications Act of 1934 (47 U.S.C. 522). 
(5) ROBUST BROADBAND.—The term ‘‘robust 
broadband’’ means broadband of a symmetric speed 
sufficient to allow households to engage in online ac-
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tivities (including remote learning, remote telework, 
telehealth, and other services that consumers use 
broadband) for economic, educational, and other on-
line activities, on multiple devices common to a fam-
ily of four individuals living in a household. 
Æ 
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