Broadband Data Improvement Act
PL 110-385 (S.1492), enacted 10/10/2008

122 STAT. 4096 
PUBLIC LAW 110–385—OCT. 10, 2008 
Public Law 110–385 
110th Congress 
An Act 
To improve the quality of Federal and State data regarding the availability and 
quality of broadband services and to promote the deployment of affordable 
broadband services to all parts of the Nation. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
TITLE I—BROADBAND DATA 
IMPROVEMENT 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Broadband Data Improvement 
Act’’. 
SEC. 102 FINDINGS. 
The Congress finds the following: 
(1) The deployment and adoption of broadband technology 
has resulted in enhanced economic development and public 
safety for communities across the Nation, improved health care 
and educational opportunities, and a better quality of life for 
all Americans. 
(2) Continued progress in the deployment and adoption 
of broadband technology is vital to ensuring that our Nation 
remains competitive and continues to create business and job 
growth. 
(3) Improving Federal data on the deployment and adoption 
of broadband service will assist in the development of 
broadband technology across all regions of the Nation. 
(4) The Federal Government should also recognize and 
encourage complementary State efforts to improve the quality 
and usefulness of broadband data and should encourage and 
support the partnership of the public and private sectors in 
the continued growth of broadband services and information 
technology for the residents and businesses of the Nation. 
SEC. 103 IMPROVING FEDERAL DATA ON BROADBAND. 
(a) IMPROVING SECTION 706 INQUIRY.—Section 706 of the Tele-
communications Act of 1996 (47 U.S.C. 157 note) is amended— 
(1) by striking ‘‘regularly’’ in subsection (b) and inserting 
‘‘annually’’; 
(2) by redesignating subsection (c) as subsection (d); and 
(3) by inserting after subsection (b) the following: 
‘‘(c) DEMOGRAPHIC INFORMATION
FOR UNSERVED AREAS.—As 
part of the inquiry required by subsection (b), the Commission 
Lists. 
47 USC 1303. 
47 USC 1301. 
47 USC 1301 
note. 
Broadband Data 
Improvement 
Act. 
Oct. 10, 2008 
[S. 1492] 
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122 STAT. 4097 
PUBLIC LAW 110–385—OCT. 10, 2008 
shall compile a list of geographical areas that are not served by 
any provider of advanced telecommunications capability (as defined 
by section 706(c)(1) of the Telecommunications Act of 1996 (47 
U.S.C. 157 note)) and to the extent that data from the Census 
Bureau is available, determine, for each such unserved area— 
‘‘(1) the population; 
‘‘(2) the population density; and 
‘‘(3) the average per capita income.’’. 
(b) INTERNATIONAL COMPARISON.— 
(1) IN GENERAL.—As part of the assessment and report 
required by section 706 of the Telecommunications Act of 1996 
(47 U.S.C. 157 note), the Federal Communications Commission 
shall include information comparing the extent of broadband 
service capability (including data transmission speeds and price 
for broadband service capability) in a total of 75 communities 
in at least 25 countries abroad for each of the data rate bench-
marks for broadband service utilized by the Commission to 
reflect different speed tiers. 
(2) CONTENTS.—The Commission shall choose communities 
for the comparison under this subsection in a manner that 
will offer, to the extent possible, communities of a population 
size, population density, topography, and demographic profile 
that are comparable to the population size, population density, 
topography, and demographic profile of various communities 
within the United States. The Commission shall include in 
the comparison under this subsection— 
(A) a geographically diverse selection of countries; and 
(B) communities including the capital cities of such 
countries. 
(3) SIMILARITIES AND DIFFERENCES.—The Commission shall 
identify relevant similarities and differences in each commu-
nity, including their market structures, the number of competi-
tors, the number of facilities-based providers, the types of tech-
nologies deployed by such providers, the applications and serv-
ices those technologies enable, the regulatory model under 
which broadband service capability is provided, the types of 
applications and services used, business and residential use 
of such services, and other media available to consumers. 
(c) CONSUMER SURVEY OF BROADBAND SERVICE CAPABILITY.— 
(1) IN GENERAL.—For the purpose of evaluating, on a statis-
tically significant basis, the national characteristics of the use 
of broadband service capability, the Commission shall conduct 
and make public periodic surveys of consumers in urban, subur-
ban, and rural areas in the large business, small business, 
and residential consumer markets to determine— 
(A) the types of technology used to provide the 
broadband service capability to which consumers subscribe; 
(B) the amounts consumers pay per month for such 
capability; 
(C) the actual data transmission speeds of such capa-
bility; 
(D) the types of applications and services consumers 
most frequently use in conjunction with such capability; 
(E) for consumers who have declined to subscribe to 
broadband service capability, the reasons given by such 
consumers for declining such capability; 
Public 
information. 
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122 STAT. 4098 
PUBLIC LAW 110–385—OCT. 10, 2008 
(F) other sources of broadband service capability which 
consumers regularly use or on which they rely; and 
(G) any other information the Commission deems 
appropriate for such purpose. 
(2) PUBLIC
AVAILABILITY.—The Commission shall make 
publicly available the results of surveys conducted under this 
subsection at least once per year. 
(d) IMPROVING CENSUS DATA ON BROADBAND.—The Secretary 
of Commerce, in consultation with the Federal Communications 
Commission, shall expand the American Community Survey con-
ducted by the Bureau of the Census to elicit information for residen-
tial households, including those located on native lands, to deter-
mine whether persons at such households own or use a computer 
at that address, whether persons at that address subscribe to Inter-
net service and, if so, whether such persons subscribe to dial- 
up or broadband Internet service at that address. 
(e) PROPRIETARY INFORMATION.—Nothing in this title shall 
reduce or remove any obligation the Commission has to protect 
proprietary information, nor shall this title be construed to compel 
the Commission to make publicly available any proprietary informa-
tion. 
SEC. 104. STUDY ON ADDITIONAL BROADBAND METRICS AND STAND-
ARDS. 
(a) IN GENERAL.—The Comptroller General shall conduct a 
study to consider and evaluate additional broadband metrics or 
standards that may be used by industry and the Federal Govern-
ment to provide users with more accurate information about the 
cost and capability of their broadband connection, and to better 
compare the deployment and penetration of broadband in the United 
States with other countries. At a minimum, such study shall con-
sider potential standards or metrics that may be used— 
(1) to calculate the average price per megabit per second 
of broadband offerings; 
(2) to reflect the average actual speed of broadband 
offerings compared to advertised potential speeds and to con-
sider factors affecting speed that may be outside the control 
of a broadband provider; 
(3) to compare, using comparable metrics and standards, 
the availability and quality of broadband offerings in the United 
States with the availability and quality of broadband offerings 
in other industrialized nations, including countries that are 
members of the Organization for Economic Cooperation and 
Development; and 
(4) to distinguish between complementary and substitutable 
broadband offerings in evaluating deployment and penetration. 
(b) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Comptroller General shall submit a report to the 
Senate Committee on Commerce, Science, and Transportation and 
the House of Representatives Committee on Energy and Commerce 
on the results of the study, with recommendations for how industry 
and the Federal Communications Commission can use such metrics 
and comparisons to improve the quality of broadband data and 
to better evaluate the deployment and penetration of comparable 
broadband service at comparable rates across all regions of the 
Nation. 
Recommenda- 
tions. 
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122 STAT. 4099 
PUBLIC LAW 110–385—OCT. 10, 2008 
SEC. 105. STUDY ON THE IMPACT OF BROADBAND SPEED AND PRICE 
ON SMALL BUSINESSES. 
(a) IN GENERAL.—Subject to appropriations, the Small Business 
Administration Office of Advocacy shall conduct a study evaluating 
the impact of broadband speed and price on small businesses. 
(b) REPORT.—Not later than 2 years after the date of enactment 
of this Act, the Office shall submit a report to the Senate Committee 
on Commerce, Science, and Transportation, the Senate Committee 
on Small Business and Entrepreneurship, the House of Representa-
tives Committee on Energy and Commerce, and the House of Rep-
resentatives Committee on Small Business on the results of the 
study, including— 
(1) a survey of broadband speeds available to small 
businesses; 
(2) a survey of the cost of broadband speeds available 
to small businesses; 
(3) a survey of the type of broadband technology used 
by small businesses; and 
(4) any policy recommendations that may improve small 
businesses access to comparable broadband services at com-
parable rates in all regions of the Nation. 
SEC. 
106. 
ENCOURAGING 
STATE 
INITIATIVES 
TO 
IMPROVE 
BROADBAND. 
(a) PURPOSES.—The purposes of any grant under subsection 
(b) are— 
(1) to ensure that all citizens and businesses in a State 
have access to affordable and reliable broadband service; 
(2) to achieve improved technology literacy, increased com-
puter ownership, and broadband use among such citizens and 
businesses; 
(3) to establish and empower local grassroots technology 
teams in each State to plan for improved technology use across 
multiple community sectors; and 
(4) to establish and sustain an environment ripe for 
broadband services and information technology investment. 
(b) ESTABLISHMENT OF STATE BROADBAND DATA AND DEVELOP-
MENT GRANT PROGRAM.— 
(1) IN GENERAL.—The Secretary of Commerce shall award 
grants, taking into account the results of the peer review 
process under subsection (d), to eligible entities for the develop-
ment and implementation of statewide initiatives to identify 
and track the availability and adoption of broadband services 
within each State. 
(2) COMPETITIVE BASIS.—Any grant under subsection (b) 
shall be awarded on a competitive basis. 
(c) ELIGIBILITY.—To be eligible to receive a grant under sub-
section (b), an eligible entity shall— 
(1) submit an application to the Secretary of Commerce, 
at such time, in such manner, and containing such information 
as the Secretary may require; 
(2) contribute matching non-Federal funds in an amount 
equal to not less than 20 percent of the total amount of the 
grant; and 
(3) agree to comply with confidentiality requirements in 
subsection (h)(2) of this section. 
(d) PEER REVIEW; NONDISCLOSURE.— 
47 USC 1304. 
Survey. 
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122 STAT. 4100 
PUBLIC LAW 110–385—OCT. 10, 2008 
(1) IN GENERAL.—The Secretary shall by regulation require 
appropriate technical and scientific peer review of applications 
made for grants under this section. 
(2) REVIEW PROCEDURES.—The regulations required under 
paragraph (1) shall require that any technical and scientific 
peer review group— 
(A) be provided a written description of the grant to 
be reviewed; 
(B) provide the results of any review by such group 
to the Secretary of Commerce; and 
(C) certify that such group will enter into voluntary 
nondisclosure agreements as necessary to prevent the 
unauthorized disclosure of confidential and proprietary 
information provided by broadband service providers in 
connection with projects funded by any such grant. 
(e) USE
OF FUNDS.—A grant awarded to an eligible entity 
under subsection (b) shall be used— 
(1) to provide a baseline assessment of broadband service 
deployment in each State; 
(2) to identify and track— 
(A) areas in each State that have low levels of 
broadband service deployment; 
(B) the rate at which residential and business users 
adopt broadband service and other related information 
technology services; and 
(C) possible suppliers of such services; 
(3) to identify barriers to the adoption by individuals and 
businesses of broadband service and related information tech-
nology services, including whether or not— 
(A) the demand for such services is absent; and 
(B) the supply for such services is capable of meeting 
the demand for such services; 
(4) to identify the speeds of broadband connections made 
available to individuals and businesses within the State, and, 
at a minimum, to rely on the data rate benchmarks for 
broadband service utilized by the Commission to reflect dif-
ferent speed tiers, to promote greater consistency of data among 
the States; 
(5) to create and facilitate in each county or designated 
region in a State a local technology planning team— 
(A) with members representing a cross section of the 
community, including representatives of business, tele-
communications labor organizations, K–12 education, 
health care, libraries, higher education, community-based 
organizations, local government, tourism, parks and recre-
ation, and agriculture; and 
(B) which shall— 
(i) benchmark technology use across relevant 
community sectors; 
(ii) set goals for improved technology use within 
each sector; and 
(iii) develop a tactical business plan for achieving 
its goals, with specific recommendations for online 
application development and demand creation; 
(6) to work collaboratively with broadband service providers 
and information technology companies to encourage deployment 
and use, especially in unserved areas and areas in which 
Plans. 
Recommenda- 
tions. 
Certification. 
Regulations. 
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122 STAT. 4101 
PUBLIC LAW 110–385—OCT. 10, 2008 
broadband penetration is significantly below the national aver-
age, through the use of local demand aggregation, mapping 
analysis, and the creation of market intelligence to improve 
the business case for providers to deploy; 
(7) to establish programs to improve computer ownership 
and Internet access for unserved areas and areas in which 
broadband penetration is significantly below the national aver-
age; 
(8) to collect and analyze detailed market data concerning 
the use and demand for broadband service and related informa-
tion technology services; 
(9) to facilitate information exchange regarding the use 
and demand for broadband services between public and private 
sectors; and 
(10) to create within each State a geographic inventory 
map of broadband service, including the data rate benchmarks 
for broadband service utilized by the Commission to reflect 
different speed tiers, which shall— 
(A) identify gaps in such service through a method 
of geographic information system mapping of service avail-
ability based on the geographic boundaries of where service 
is available or unavailable among residential or business 
customers; and 
(B) provide a baseline assessment of statewide 
broadband deployment in terms of households with high- 
speed availability. 
(f) PARTICIPATION LIMIT.—For each State, an eligible entity 
may not receive a new grant under this section to fund the activities 
described in subsection (d) within such State if such organization 
obtained prior grant awards under this section to fund the same 
activities in that State in each of the previous 4 consecutive years. 
(g) REPORTING; BROADBAND INVENTORY MAP.—The Secretary 
of Commerce shall— 
(1) require each recipient of a grant under subsection (b) 
to submit a report on the use of the funds provided by the 
grant; and 
(2) create a web page on the Department of Commerce 
website that aggregates relevant information made available 
to the public by grant recipients, including, where appropriate, 
hypertext links to any geographic inventory maps created by 
grant recipients under subsection (e)(10). 
(h) ACCESS TO AGGREGATE DATA.— 
(1) IN GENERAL.—Subject to paragraph (2), the Commission 
shall provide eligible entities access, in electronic form, to aggre-
gate data collected by the Commission based on the Form 
477 submissions of broadband service providers. 
(2) LIMITATION.—Notwithstanding any provision of Federal 
or State law to the contrary, an eligible entity shall treat 
any matter that is a trade secret, commercial or financial 
information, or privileged or confidential, as a record not subject 
to public disclosure except as otherwise mutually agreed to 
by the broadband service provider and the eligible entity. This 
paragraph applies only to information submitted by the 
Commission or a broadband provider to carry out the provisions 
of this title and shall not otherwise limit or affect the rules 
Applicability. 
Web site. 
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122 STAT. 4102 
PUBLIC LAW 110–385—OCT. 10, 2008 
governing public disclosure of information collected by any Fed-
eral or State entity under any other Federal or State law 
or regulation. 
(i) DEFINITIONS.—In this section: 
(1) COMMISSION.—The term ‘‘Commission’’ means the Fed-
eral Communications Commission. 
(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 
(A) an entity that is either— 
(i) an agency or instrumentality of a State, or 
a municipality or other subdivision (or agency or 
instrumentality of a municipality or other subdivision) 
of a State; 
(ii) 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; or 
(iii) an independent agency or commission in which 
an office of a State is a member on behalf of the 
State; and 
(B) is the single eligible entity in the State that has 
been designated by the State to receive a grant under 
this section. 
(j) NO REGULATORY AUTHORITY.—Nothing in this section shall 
be construed as giving any public or private entity established 
or affected by this title any regulatory jurisdiction or oversight 
authority over providers of broadband services or information tech-
nology. 
TITLE II—PROTECTING CHILDREN 
SEC. 201. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This title may be cited as the ‘‘Protecting 
Children in the 21st Century Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for this title 
is as follows: 
Sec. 201. Short title; table of contents. 
SUBTITLE A—PROMOTING A SAFE INTERNET FOR CHILDREN 
Sec. 211. Internet safety. 
Sec. 212. Public awareness campaign. 
Sec. 213. Annual reports. 
Sec. 214. Online safety and technology working group. 
Sec. 215. Promoting online safety in schools. 
Sec. 216. Definitions. 
SUBTITLE B—ENHANCING CHILD PORNOGRAPHY ENFORCEMENT 
Sec. 221. Child pornography prevention; forfeitures related to child pornography 
violations. 
SUBTITLE A—PROMOTING A SAFE 
INTERNET FOR CHILDREN 
SEC. 211. INTERNET SAFETY. 
For the purposes of this title, the issue of Internet safety 
includes issues regarding the use of the Internet in a manner 
that promotes safe online activity for children, protects children 
15 USC 6551. 
15 USC 6551 
note. 
Protecting 
Children 
in the 21st 
Century Act. 
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122 STAT. 4103 
PUBLIC LAW 110–385—OCT. 10, 2008 
from cybercrimes, including crimes by online predators, and helps 
parents shield their children from material that is inappropriate 
for minors. 
SEC. 212. PUBLIC AWARENESS CAMPAIGN. 
The Federal Trade Commission shall carry out a nationwide 
program to increase public awareness and provide education 
regarding strategies to promote the safe use of the Internet by 
children. The program shall utilize existing resources and efforts 
of the Federal Government, State and local governments, nonprofit 
organizations, private technology and financial companies, Internet 
service providers, World Wide Web-based resources, and other 
appropriate entities, that includes— 
(1) identifying, promoting, and encouraging best practices 
for Internet safety; 
(2) establishing and carrying out a national outreach and 
education campaign regarding Internet safety utilizing various 
media and Internet-based resources; 
(3) facilitating access to, and the exchange of, information 
regarding Internet safety to promote up-to-date knowledge 
regarding current issues; and 
(4) facilitating access to Internet safety education and 
public awareness efforts the Commission considers appropriate 
by States, units of local government, schools, police depart-
ments, nonprofit organizations, and other appropriate entities. 
SEC. 213. ANNUAL REPORTS. 
The Commission shall submit a report to the Committee on 
Commerce, Science, and Transportation of the Senate and the Com-
mittee on Energy and Commerce of the House of Representatives 
not later than March 31 of each year that describes the activities 
carried out under section 103 by the Commission during the pre-
ceding calendar year. 
SEC. 214. ONLINE SAFETY AND TECHNOLOGY WORKING GROUP. 
(a) ESTABLISHMENT.—Within 90 days after the date of enact-
ment of this Act, the Assistant Secretary of Commerce for Commu-
nications and Information shall establish an Online Safety and 
Technology working group comprised of representatives of relevant 
sectors of the business community, public interest groups, and 
other appropriate groups and Federal agencies to review and 
evaluate— 
(1) the status of industry efforts to promote online safety 
through educational efforts, parental control technology, 
blocking and filtering software, age-appropriate labels for con-
tent or other technologies or initiatives designed to promote 
a safe online environment for children; 
(2) the status of industry efforts to promote online safety 
among providers of electronic communications services and 
remote computing services by reporting apparent child pornog-
raphy under section 13032 of title 42, United States Code, 
including any obstacles to such reporting; 
(3) the practices of electronic communications service pro-
viders and remote computing service providers related to record 
retention in connection with crimes against children; and 
(4) the development of technologies to help parents shield 
their children from inappropriate material on the Internet. 
Deadline. 
15 USC 6554. 
15 USC 6553. 
15 USC 6552. 
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122 STAT. 4104 
PUBLIC LAW 110–385—OCT. 10, 2008 
(b) REPORT.—Within 1 year after the working group is first 
convened, it shall submit a report to the Assistant Secretary, the 
Committee on Commerce, Science, and Transportation of the 
Senate, and the Committee on Energy and Commerce of the House 
of Representatives that— 
(1) describes in detail its findings, including any informa-
tion related to the effectiveness of such strategies and tech-
nologies and any information about the prevalence within 
industry of educational campaigns, parental control tech-
nologies, blocking and filtering software, labeling, or other tech-
nologies to assist parents; and 
(2) includes recommendations as to what types of incentives 
could be used or developed to increase the effectiveness and 
implementation of such strategies and technologies. 
(c) FACA NOT TO APPLY TO WORKING GROUP.—The Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
working group. 
SEC. 215. PROMOTING ONLINE SAFETY IN SCHOOLS. 
Section 254(h)(5)(B) of the Communications Act of 1934 (47 
U.S.C. 254(h)(5)(b)) is amended— 
(1) by striking ‘‘and’’ after the semicolon in clause (i); 
(2) by striking ‘‘minors.’’ in clause (ii) and inserting ‘‘minors; 
and’’; and 
(3) by adding at the end the following: 
‘‘(iii) as part of its Internet safety policy is edu-
cating minors about appropriate online behavior, 
including interacting with other individuals on social 
networking 
websites 
and 
in 
chat 
rooms 
and 
cyberbullying awareness and response.’’. 
SEC. 216. DEFINITIONS. 
In this title: 
(1) COMMISSION.—The term ‘‘Commission’’ means the Fed-
eral Trade Commission. 
(2) INTERNET.—The term ‘‘Internet’’ means collectively the 
myriad of computer and telecommunications facilities, including 
equipment and operating software, which comprise the inter-
connected world-wide network of networks that employ the 
Transmission Control Protocol/Internet Protocol, or any prede-
cessor successor protocols to such protocol, to communicate 
information of all kinds by wire or radio. 
15 USC 6555. 
Recommenda- 
tions. 
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122 STAT. 4105 
PUBLIC LAW 110–385—OCT. 10, 2008 
LEGISLATIVE HISTORY—S. 1492: 
SENATE REPORTS: No. 110–204 (Comm. on Commerce, Science, and Transpor-
tation). 
CONGRESSIONAL RECORD, Vol. 154 (2008): 
Sept. 26, considered and passed Senate. 
Sept. 29, considered and passed House, amended. 
Sept. 30, Senate concurred in House amendments. 
SUBTITLE B—ENHANCING CHILD 
PORNOGRAPHY ENFORCEMENT 
SEC. 
221. 
CHILD 
PORNOGRAPHY 
PREVENTION; 
FORFEITURES 
RELATED TO CHILD PORNOGRAPHY VIOLATIONS. 
(a) IN GENERAL.—Section 503(b)(1) of the Communications Act 
of 1934 (47 U.S.C. 503(b)(1)) is amended by striking ‘‘or 1464’’ 
in subparagraph (D) and inserting ‘‘1464, or 2252’’. 
Approved October 10, 2008. 
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