II 117th CONGRESS 1st Session S. 2965 IN THE SENATE OF THE UNITED STATES October 7, 2021 Mr. Braun introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Federal Communications Commission to study the current and projected demands on rural broadband networks associated with data transmission due to increased network usage.

1. Definitions In this Act: (1) Commission The term Commission means the Federal Communications Commission. (2) Covered period The term covered period means the 6-year period that— (A) begins on the date that is 3 years before the date on which the proceeding under section 2(a)(1) is initiated; and (B) ends on the date that is 3 years after the date on which the proceeding under section 2(a)(1) is initiated. (3) High-cost rural area The term high-cost rural area means an area of the United States that is not contained within an incorporated city or town with a population of more than 20,000 inhabitants. (4) Qualifying broadband service The term qualifying broadband service means broad­band service with measurable speeds of not less than the speeds required for the service to qualify as an advanced telecommunications capability, as that term is defined in section 706(d) of the Telecommunications Act of 1996 ( 47 U.S.C. 1302(d) ). (5) Rural broadband network The term rural broadband network means the plant, equipment, components, facilities, hardware, and software used by a rural broadband provider to provide qualifying broadband service in a high-cost rural area. (6) Rural broadband provider The term rural broadband provider means an entity that— (A) provides qualifying broadband service in a high-cost rural area using any terrestrial technology, including a fixed or mobile wireless or wireline network; and (B) provides qualifying broadband service to fewer than 250,000 customers. 2. Rural broadband network advancement study (a) Proceeding by FCC (1) In general (A) Initiation Not later than 1 year after the date of enactment of this Act, the Commission shall initiate a proceeding to analyze the demands that have been or will be placed on rural broadband networks during the covered period that are associated with data transmitted over those networks. (B) Conclusion Not later than 1 year after initiating the proceeding under subparagraph (A), the Commission shall conclude the proceeding. (2) Matters for analysis The analysis conducted under paragraph (1) shall include the following: (A) Estimation and analysis of network usage (i) Overall data transfers An estimate of the quantity of data that has been or will be transmitted over rural broadband networks during the covered period. (ii) Categories of network usage An analysis of the quantity of data that has been or will be transmitted over rural broadband networks during the covered period broken down by content owner, licensor, or distributor, in order to produce an estimate of network usage by type of content, use, and purpose. (B) Calculation of costs (i) In general A calculation of the costs to rural broadband providers during the covered period associated with transmission of data over rural broadband networks that are not already recovered through— (I) user rates that are reasonably comparable to user rates in urban areas; or (II) Federal programs aimed at promoting rural broadband deployment or sustaining rural broadband networks, including Federal universal service support programs established under section 254 of the Communications Act of 1934 ( 47 U.S.C. 254 ). (ii) Costs described The categories of costs to be calculated under clause (i) shall include costs associated with— (I) the initial deployment of rural broadband networks; (II) the operation and maintenance of rural broadband networks; and (III) the delivery of services to users over rural broadband networks, including the transmission of data between high-cost rural areas and urban or suburban interconnection points. (3) Provision of information Notwithstanding any other provision of law, a rural broadband provider may disclose to the Commission— (A) the quantity of data transmitted over rural broadband networks of the provider, broken down by content owner, licensor, or distributor; and (B) any other information necessary for the Commission to complete the proceeding under paragraph (1). (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 Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the findings of the proceeding.