,,ii #aafth ,,congress #ast ,session ,s4 #bbge ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #be1 #bjai,mr4 ,bennet introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to improve the collection and distribution of broadband availability data4 #a4 ,short title ,this ,act may be cited as the ,broadband ,transparency and ,accountability ,act of #bjai4 #b4 ,definitions 7a7 ,in general ,in this ,act-- 7#a7 the term affordable broadband service-- 7,a7 except as provided in subparagraph 7,b71 with respect to a covered household1 means broadband service at the baseline speed with an annual cost of not more than #a4e percent of the annual median household income for the county in which the covered household is located2 and 7,b7 with respect to a covered household located in a county in which the annual median household income exceeds the annual median household income for the ,united ,states1 means broadband service at the baseline speed with an annual cost of not more than #a4e percent of the annual median household income for the ,united ,states2 7#b7 the term annual median household income means annual median household income as reported by the ,bureau of the ,census2 7#c7 the term baseline speed1 with respect to broadband service1 means the highest download and upload speeds available to a majority of urban subscribers to broadband service1 as determined by the ,commission2 7#d7 the term ,broadband ,map means the map developed and maintained by the ,commission under section #d2 7#e7 the term broadband service-- 7,a7 subject to subsection 7b71 has the meaning given the term advanced telecommunications capability in section #gjf of the ,telecommunications ,act of #aiif 7#dg ,u4,s4,c4 #acjb72 and 7,b7 does not include mobile service or satellite-based service2 7#f7 the term ,commission means the ,federal ,communications ,commission2 7#g7 the term county1 in the case of a ,state that does not have a local county system of governance1 means an equivalent political subdivision as determined by the ,commission1 consistent with ,state law2 7#h7 the term covered entity means an entity that-- 7,a7 is required to report data to the ,commission under the ,form #dgg ,program2 and 7,b7 provides broadband service2 7#i7 the term covered household-- 7,a7 means a household2 and 7,b7 includes a farm1 a ranch1 a business1 and a public facility1 without regard to whether any such entity serves as a residence2 7#aj7 the term ,form #dgg ,program means the program carried out by the ,commission under subpart ,v of part #a of title #dg1 ,code of ,federal ,regulations1 or any successor regulation2 7#aa7 the term has access to broadband service1 with respect to a covered household1 means affordable broadband service-- 7,a7 is being provided to the covered household2 or 7,b7 could be provided to the covered household not later than #aj days after the date on which the covered household chooses to subscribe to such service1 if the household so chooses2 7#ab7 the term qualified technology-- 7,a7 means a technology that delivers broadband service at not less than the baseline speed2 and 7,b7 does not include any technology-- 7i7 used to provide broadband service to fewer than #e percent of urban subscribers to broadband service in the ,united ,states2 or 7ii7 that is experimental or speculative1 until a provider of the technology has proven through consumer choices to be a competitor in the marketplace1 as determined by the ,commission2 and 7#ac7 the term ,state has the meaning given the term in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec74 7b7 ,updates to definition of broadband service ,not less frequently than once every #b years1 the ,commission shall update the definition of the term broadband service4 #c4 ,collection of data 7a7 ,form #dgg ,program 7#a7 ,collection of more granular data ,in collecting data from a covered entity under the ,form #dgg ,program1 the ,commission shall require the covered entity to report data for each covered household in a census block4 7#b7 ,data collection 7,a7 ,types of data ,in collecting data from a covered entity under the ,form #dgg ,program1 the ,commission shall require the covered entity to report data that reflects the average speed and other characteristics of broadband service1 including-- 7i7 price and affordability1 including1 with respect to price1 the total monthly price charged to a covered household for each distinct broadband service plan or tier of standalone broadband service1 net of any promotional discount1 including mandatory equipment charges1 usage-based fees1 and fees for early termination of required contracts2 7ii7 latency1 including latency-- 7,i7 internal to the network1 as measured on the backbone2 and 7,,ii7 from the backbone out to the entire internet routing table1 reported as an average based on a measurement of latency against #aj anchor sites selected by the ,commission from among the most popular websites in the ,united ,states2 7iii7 denials of service and the reason for such denials1 such as-- 7,i7 insufficient bandwidth capacity to serve additional customers2 or 7,,ii7 the inability to reach a location2 and 7iv7 the type of broadband technology available4 7,b7 ,characteristics of broadband service as advertised1 as agreed to1 and as delivered ,in collecting data from a covered entity under the ,form #dgg ,program1 the ,commission shall require the covered entity to report data that measures the characteristics of broadband service reported under subparagraph 7,a7-- 7i7 as advertised by the covered entity2 7ii7 as subscribed to by the consumer2 and 7iii7 that the covered entity actually delivers to subscribers during high-volume hours1 which shall be defined by the ,commission based on the type of broadband service usage in a particular area1 including whether the usage is primarily-- 7,i7 commercial or industrial2 or 7,,ii7 residential4 7#c7 ,updates to reporting requirements 7,a7 ,in general ,not less frequently than once every #c years1 the ,commission shall update the reporting requirements for covered entities under the ,form #dgg ,program4 7,b7 ,rule of construction ,nothing in subparagraph 7,a7 shall be construed to authorize the ,commission to collect less granular data than is required under this subsection4 7b7 ,government sources ,the ,commission shall collect data relating to broadband service from-- 7#a7 each ,federal agency that has such data1 including the ,department of ,agriculture2 and 7#b7 each ,state or local governmental entity that is willing to share such data4 7c7 ,consolidation of data 7#a7 ,in general ,the ,commission shall consolidate all data relating to broadband service that is collected under the ,form #dgg ,program or under subsection 7b7 into a single database4 7#b7 ,,usac ,the ,commission may enter into a contract with the ,universal ,service ,administrative ,company to administer the database described in paragraph 7#a74 #d4 ,distribution of data 7a7 ,availability of data ,subject to subsection 7b71 the ,commission shall make all data relating to broadband service collected under the ,form #dgg ,program or from governmental entities under section #c7;b7 available in native electronic format to-- 7#a7 other ,federal agencies2 7#b7 a broadband office1 public utility commission1 broadband mapping program1 or other broadband program of a ,state1 in the case of data pertaining to the needs of that ,state2 7#c7 a unit of local government1 in the case of data pertaining to the needs of that locality2 7#d7 a nonprofit organization2 and 7#e7 an individual conducting research for non-commercial purposes4 7b7 ,protection of data 7#a7 ,in general ,the ,commission may not share any data described in subsection 7a7 with an entity or individual described in that subsection unless the ,commission has determined that the receiving entity or individual has the capability and intent to protect any personally identifiable information contained in the data4 7#b7 ,determination of personally identifiable information ,the ,commission-- 7,a7 shall define the term personally identifiable information1 for purposes of paragraph 7#a71 through notice and comment rulemaking2 and 7,b7 may not share any data under subsection 7a7 before completing the rulemaking under subparagraph 7,a7 of this paragraph4 7#c7 ,balancing access and protection ,if the ,commission is unable to determine under paragraph 7#a7 that an entity or individual requesting access to data under subsection 7a7 has the capability to protect personally identifiable information contained in the data1 the ,commission shall make as much of the data available as possible in a format that does not compromise personally identifiable information1 through methods such as anonymization4 7c7 ,map 7#a7 ,in general ,the ,commission1 in coordination with the ,secretary of ,commerce1 the ,secretary of ,agriculture1 and ,state and local stakeholders1 shall develop and maintain a searchable1 interactive1 and comprehensive nationwide inventory map of existing broadband service capability and availability in the ,united ,states that depicts the geographic extent to which broadband service is deployed and available from a commercial provider or public provider throughout each ,state4 7#b7 ,parameters ,not later than #ahj days after the date of enactment of this ,act1 the ,commission shall establish parameters for1 and make available to the public1 the map required under paragraph 7#a74 7#c7 ,revisions ,not less frequently than every #b years1 the ,commission shall revise the parameters established under paragraph 7#b74 7#d7 ,replacement of prior maps ,the map developed by the ,commission under paragraph 7#a7 shall replace any broadband deployment map maintained by the ,commission before the date of enactment of this ,act4 7d7 ,gradated or tiered mapping 7#a7 ,in general ,in producing the ,broadband ,map1 the ,commission shall-- 7,a7 create1 at a minimum-- 7i7 a map that indicates the percentage of covered households in each census block that have access to broadband service at the baseline speed during peak usage hours2 7ii7 a map that indicates the percentage of covered households in each census block that have access to broadband service delivered using a qualified technology2 7iii7 a map that layers the types of telecommunications technology available to deliver broadband service in each census block2 and 7iv7 a map that indicates the relative affordability of broadband service in each census block2 and 7,b7 enable users of the ,broadband ,map to-- 7i7 layer the maps described in subparagraph 7,a72 and 7ii7 filter the maps described in subparagraph 7,a7 by broadband provider4 7#b7 ,tiers ,the ,commission shall display the percentage of covered households in a census block that have access to broadband service or technology under paragraph 7#a7 by reference to one of the following tiers3 7,a7 ,less than #bj percent4 7,b7 ,not less than #bj percent and less than #dj percent4 7,c7 ,not less than #dj percent and less than #fj percent4 7,d7 ,not less than #fj percent and less than #hj percent4 7,e7 ,not less than #hj percent and less than #ij percent4 7,f7 ,not less than #ij percent and less than #ie percent4 7,g7 ,not less than #ie percent4 7e7 ,updates ,not later than #ahj days after collecting data relating to broadband service under the ,form #dgg ,program1 the ,commission1 in consultation with the ,secretary of ,agriculture1 the ,secretary of ,commerce1 and ,state and local stakeholders1 shall-- 7#a7 update the ,broadband ,map with the data1 and with any data collected from a governmental entity under section #c7;b7 since the last update to the ,broadband ,map2 and 7#b7 make the data described in paragraph 7#a7 available under subsection 7a74 #e4 ,report on broadband last-mile technologies ,section #gjf of the ,telecommunications ,act of #aiif 7#dg ,u4,s4,c4 #acjb7 is amended-- 7#a7 by redesignating subsection 7d7 as subsection 7e72 7#b7 in subsection 7e71 as so redesignated1 in the matter preceding paragraph 7#a71 by striking subsection and inserting section2 and 7#c7 by inserting after subsection 7c7 the following3 7d7 ,broadband last-,mile technologies 7#a7 ,definitions ,in this subsection-- 7,a7 the term broadband service has the meaning given the term advanced telecommunications capability in subsection 7e72 7,b7 the terms covered entity and covered household have the meanings given those terms in section #b of the ,broadband ,transparency and ,accountability ,act of #bjai2 and 7,c7 the term last-mile technology means the technology used to transmit broadband service from the backbone network into a covered household4 7#b7 ,annual report ,as part of the inquiry required under subsection 7b71 the ,commission shall report on the number of covered households that subscribe to broadband service1 categorized by the type of last-mile technology1 as reported by covered entities under the ,form #dgg ,program and by governmental entities under section #c7;b7 of the ,broadband ,transparency and ,accountability ,act of #bjai4 7#c7 ,technology categories ,in reporting the information under paragraph 7#b71 the ,commission shall indicate whether the type of last-mile technology is-- 7,a7 fiber2 7,b7 hybrid fiber coax2 7,c7 copper-based service2 7,d7 copper-fiber hybrid service2 7,e7 spectrum-based service2 7,f7 mobile service2 7,g7 satellite-based service2 and 7,h7 any other type of technology that the ,commission determines appropriate4 7#d7 ,geographic categories 7,a7 ,in general ,in reporting the information under paragraph 7#b71 the ,commission shall categorize a covered household whose broadband service is provided using a particular type of last-mile technology according to whether the covered household is in a census block that is-- 7i7 urban2 7ii7 suburban2 or 7iii7 rural1 insular1 or high-cost4 7,b7 ,definitions ,the ,commission1 in consultation with the ,bureau of the ,census1 shall define the terms insular and high-cost1 with respect to census blocks1 for purposes of subparagraph 7,a74 7#e7 ,tribal land ,nothing in this subsection shall be construed to authorize the ,commission to exclude covered households located on ,tribal land from the information reported under paragraph 7#b71 including the categorization under paragraph 7#c74 4 #f4 ,map accountability 7a7 ,verification process 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,commission shall conduct a rulemaking to establish a process to use data relating to broadband service capability and availability in the ,united ,states 7referred to in this section as coverage data7 that is reported by consumers1 businesses1 and ,state and local governments to verify the data used in the ,broadband ,map4 7#b7 ,time period for verification ,the ,commission1 and any other ,federal agency1 may not use a new version of the ,broadband ,map to distribute support for broadband service unless the ,commission has used the process established under paragraph 7#a7 for a period of not less than #fj days to verify the data used in the new ,broadband ,map4 7#c7 ,sources of coverage data ,the ,commission shall include in the process established under paragraph 7#a7 a mechanism to incorporate coverage data obtained from-- 7,a7 any reputable application through which consumers report coverage data1 as determined by the ,commission2 7,b7 ,state1 local1 or ,tribal government entities that are primarily responsible for mapping or tracking broadband service capability and availability for a ,state1 unit of local government1 or ,indian ,tribe1 as applicable2 and 7,c7 any other source that the ,commission determines appropriate4 7b7 ,challenge process 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,commission shall establish1 in addition to the process established under subsection 7a71 an evidence-based process by which a consumer1 business1 or ,state or local government may challenge data used in the ,broadband ,map4 7#b7 ,responsibility of covered entities ,in carrying out the evidence-based challenge process under paragraph 7#a71 the ,commission shall require the covered entity that reported the data being challenged through the process to bear the burden of proving that the data is accurate4 7c7 ,rule of construction ,nothing in this section shall be construed to affect any determination made by the ,commission before the date of enactment of this ,act with respect to the distribution of support for broadband service4 #g4 ,applicability of other laws 7a7 ,,omb review ,notwithstanding any other provision of law1 any rulemaking or information collection conducted by the ,commission under this ,act or an amendment made by this ,act shall be exempt from review by the ,office of ,management and ,budget4 7b7 ,paperwork ,reduction ,act ,chapter #ce of title #dd1 ,united ,states ,code 7commonly known as the ,paperwork ,reduction ,act71 shall not apply to any rulemaking or information collection conducted by the ,commission under this ,act or an amendment made by this ,act4