Broadband Speed Act
Bill: H.R.2398 | Sponsor: Rep. Delgado, Antonio (D-NY)
Policy area: Science, Technology, Communications

Summary:
Broadband Speed Act
This bill establishes a reporting requirement for all broadband internet service providers and a capacity requirement for providers that use federal funds to construct new broadband infrastructure.
Specifically, the bill requires an internet service provider to report the actual speed of the broadband it provides consumers, and it establishes a fine for any provider that has willfully or knowingly provided false data about the speed it is capable of offering. Additionally, the bill requires any new broadband infrastructure built using funds awarded under federal universal service support programs to provide service of at least 100 megabits per second.

To improve the Federal Communication Commission's collection of 
 broadband speed data in order to support the effective deployment of 
  broadband services to all areas in the United States, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Broadband Speed Act''.

SEC. 2. BROADBAND SPEED TEST.

    (a) Regulations Required.--Not later than 180 days after the date 
of the enactment of this Act, the Commission shall issue a rule that 
does the following:
            (1) Establishes an annual reporting requirement under which 
        each provider of broadband internet access service submits to 
        the Commission a report on broadband speed data based on a 
        reasonable sample that is captured to demonstrate that the 
        provider is capable of performing at the speed reported to the 
        Commission on Form 477 or any successor report.
            (2) Establishes a fine for any provider that is found under 
        paragraph (1) to have willfully or knowingly provided false 
        data about the speeds offered.
            (3) Incorporates any other requirements issued by the 
        Commission related to reporting on broadband speed data to 
        minimize duplication.
    (b) Broadband Speed Requirement for Infrastructure Funding.--Any 
broadband infrastructure that is built with funding awarded on or after 
the date of the enactment of this Act from the Federal universal 
service support programs established pursuant to section 254 of the 
Communications Act of 1934 (47 U.S.C. 254) shall provide broadband 
internet access service with a download speed of at least 100 megabits 
per second.
    (c) Definitions.--In this section:
            (1) Broadband internet access service.--The term 
        ``broadband internet access service'' means a mass-market 
        retail service by wire or radio that provides the capability to 
        transmit data to and receive data from all or substantially all 
        internet endpoints, including any capabilities that are 
        incidental to and enable the operation of the communications 
        service, but excluding dial-up internet access service. Such 
        term includes any service that the Commission finds to be 
        providing a functional equivalent of the service described in 
        the previous sentence.
            (2) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
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