,i #aafth ,,congress #ast ,session ,h4 ,r4 #bibi ,,in ,,the ,,house ,,of ,,representatives ,may #bb1 #bjai ,mr4 ,mullin 7for himself and ,mr4 ,peterson7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to require the ,federal ,communications ,commission to establish a program to promote the availability and sustainability of robust rural broadband networks in high cost rural areas1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,rural ,broadband ,network ,advancement ,act of #bjai4 #b4 ,findings ,congress finds the following3 7#a7 ,internet data demands are increasing1 and video streaming services represent a significant portion of the growth of internet traffic today4 7#b7 ,broadband network operators must invest in additional capacity to accommodate that data and other traffic generated by third-party online services leveraging underlying broadband networks4 7#c7 ,these edge providers depend upon the availability of such robust underlying network capacity to deliver their services to users4 7#d7 ,the costs associated with broadband infrastructure upgrades are significant and growing to keep pace with the online services that depend on these underlying networks4 7#e7 ,the challenges of investing in and maintaining such robust network capacity are even greater in rural areas due to the significant distances over which networks must be built and operated and the limited densities of the rural communities to be served4 7#f7 ,all persons and entities that utilize and leverage networks should share equitably in supporting the availability and sustainability of rural broadband networks4 #c4 ,promoting and sustaining robust rural broadband infrastructure 7a7 ,establishment of program 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,commission shall complete a rulemaking that establishes a program under which each edge provider1 except those described under paragraph 7#c71 that has data transported across the network of a rural broadband provider in a high cost rural area shall pay a network user fee on an equitable and nondiscriminatory basis to advance and sustain broadband-capable networks and broadband internet service in high cost rural areas4 7#b7 ,single effective date for payments made ,any rule adopted pursuant to paragraph 7#a7 shall have the same effective date for payments made to each rural broadband provider4 7#c7 ,exemptions ,the following edge providers are exempt from the requirement to pay a network user fee described in paragraph 7#a73 7,a7 ,de minimis amounts ,an edge provider or class of edge providers whose assessment of network user fees is determined to be de minimis by the ,commission4 7,b7 ,general exemptions ,any ,state1 local1 or ,tribal government1 elementary school or secondary school 7as such terms are defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja771 library1 hospital1 or individual4 7,c7 ,small business ,any small business concern1 as described in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb74 7b7 ,calculation of limited costs1 collection of network user fees1 and distribution of network user fees 7#a7 ,calculation of network user fees 7,a7 ,calculation of limited costs ,the rulemaking under subsection 7a7 shall include a calculation of costs associated with transmission by a rural broadband provider of edge provider data that are not already recovered through user rates that are reasonably comparable to those in urban areas1 ,federal or ,state universal service support1 or other ,federal or ,state programs aimed at promoting rural broadband deployment or sustaining rural broadband networks4 7,b7 ,costs described ,the costs described in subparagraph 7,a7 include the following3 7i7 ,costs associated with the initial deployment of a rural broadband network4 7ii7 ,costs associated with ongoing operation and maintenance of such network4 7iii7 ,costs associated with the ongoing delivery of services to users via that network 7including costs of transit and transport between rural service areas and urban or suburban interconnection points74 7,c7 ,update of costs ,not less frequently than every #b years after the date on which the rulemaking is completed under subsection 7a77#a71 the calculation of costs under subparagraph 7,a7 shall be updated4 7#b7 ,collection of network user fees ,the rulemaking under subsection 7a7 shall include a mechanism through which the costs calculated under paragraph 7#a7 are collected from edge providers under the program on a quarterly basis4 ,the ,commission shall ensure that the assessment of network user fees on each edge provider is reasonably reflective of the relative proportion of that edge provider's data transmitted on eligible rural broadband providers' networks serving high cost rural areas4 7#c7 ,distribution of network user fees ,the rulemaking under subsection 7a7 shall provide for distribution on an equitable and nondiscriminatory basis to rural broadband providers of network user fees collected from edge providers under the program on a quarterly basis4 ,the ,commission shall ensure that the distribution of network user fees to each rural broadband provider is reasonably reflective of the relative proportion of edge provider data as measured and transmitted on that rural broadband provider's network and by considering other factors such as regional cost disparities1 natural disasters1 and ,federal emergencies4 7c7 ,eligibility for compensation ,the rulemaking under subsection 7a7 shall include the following3 7#a7 ,in general ,to be eligible for receipt of network user fees collected and distributed under the program1 an entity-- 7,a7 shall be a rural broadband provider2 and 7,b7 shall submit any other information reasonably prescribed by the ,commission as needed to determine the appropriate level of network user fees to be collected and the equitable distribution of such collected amounts as compensation4 7#b7 ,use of funds ,a rural broadband provider that receives compensation through network user fees may only use such funds in connection with any of the following3 7,a7 ,the deployment of a rural broadband network4 7,b7 ,ongoing operation and maintenance of a rural broadband network4 7,c7 ,the delivery of broadband internet services to users in a high cost rural area4 7d7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#b7 ,edge provider ,the term edge provider means a provider that-- 7,a7 provides a service over the internet-- 7i7 for which the provider requires the user to subscribe or establish an account in order to use the service2 7ii7 that the user purchases from the provider of the service without a subscription or account2 7iii7 by which a program searches for and identifies items in a database that correspond to keywords or characters specified by the user1 used especially for finding particular sites on the ,world ,wide ,web2 or 7iv7 by which the user divulges sensitive user information2 and 7,b7 includes a service described in subparagraph 7,a7 that is provided through a software program1 including a mobile application4 7#c7 ,high cost rural area ,the term high cost rural area means any area of the ,united ,states that is not contained in an incorporated city or town with a population in excess of #bj1jjj inhabitants4 7#d7 ,nonprofit organization ,the term nonprofit organization means an organization that is described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and is exempt from taxation under section #eja7;a7 of such ,code4 7#e7 ,rural broadband provider ,the term rural broadband provider means an entity providing broadband in a high cost rural area pursuant to any terrestrial technology1 including fixed or mobile wireless or wireline networks1 if such entity-- 7,a7 provides broadband service in a high cost rural area to fewer than #ajj1jjj locations or subscribers served within a ,state2 and 7,b7 meets the service obligations on speed1 latency1 and usage allowances as determined by the ,commission4 7#f7 ,state ,the term ,state has the meaning given that term in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec74 7e7 ,universal ,service ,fund ,the network user fees collected by this ,act may not be used to support1 contribute1 or fund universal service under section #bed of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed74 7f7 ,prohibition ,an edge provider may not charge a fee or require any other payment from a rural broadband provider as an explicit or implicit offset to network user fees4 7g7 ,enforcement by the ,federal ,communications ,commission 7#a7 ,powers of commission ,except as otherwise provided1 the ,commission shall enforce this ,act in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties pursuant to the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ae et seq474 7#b7 ,penalties1 privileges1 and immunities ,any person who violates this ,act shall be subject to the penalties and entitled to the privileges and immunities provided in the ,communications ,act4