H.R. 1046 — Introduced in House

I 117th CONGRESS 1st Session H. R. 1046 IN THE HOUSE OF REPRESENTATIVES February 15, 2021Mr. Curtis introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Natural Resources, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require the Federal Communications Commission to provide broadband availability data to the Department of the Interior. 1. Short title This Act may be cited as the Federal Broadband Deployment in Unserved Areas Act. 2. Locating Federal facilities in unserved areas (a) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Energy and Commerce of the House of Representatives; (B) the Committee on Natural Resources of the House of Representatives; (C) the Committee on Commerce, Science, and Transportation of the Senate; and (D) the Committee on Environment and Public Works of the Senate. (2) Commission The term Commission means the Federal Communications Commission. (3) Communications facility The term communications facility includes— (A) any infrastructure, including any transmitting device, tower, or support structure, and any equipment, switch, wiring, cabling, power source, shelter, or cabinet, associated with the licensed or permitted unlicensed wireless or wireline transmission of any writing, sign, signal, data, image, picture, and sound of any kind; and (B) any antenna or apparatus that— (i) is designed for the purpose of emitting radio frequency; (ii) is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Commission or is using any duly authorized device that does not require an individual license; and (iii) is added to a tower, building, or other structure. (4) Covered land The term covered land means land managed by a Federal land management agency. (5) Department concerned The term Department concerned means the Department of the Interior or the Department of Agriculture. (6) Federal land management agency The term Federal land management agency means— (A) the Forest Service; (B) the Bureau of Land Management; (C) the National Park Service; (D) the Fish and Wildlife Service; and (E) the Bureau of Reclamation. (7) Secretary concerned The term Secretary concerned means— (A) the Secretary of the Interior, with respect to land administered by such Secretary; (B) the Secretary of Agriculture, with respect to National Forest System land; and (C) the Secretary of Commerce. (b) Sharing broadband availability data (1) Notification Not later than 2 business days after the creation or update of any map required under section 802(c)(1) of the Communications Act of 1934 (47 U.S.C. 642(c)(1)), the Commission shall notify the Secretary concerned that the map has been created or updated. (2) Provision of information Not later than 5 business days after the date on which the Secretary concerned is notified under paragraph (1), the Commission shall provide the Secretary concerned any data the Commission has collected pursuant to title VIII of the Communications Act of 1934 (47 U.S.C. 641 et seq.). (3) Continuation The Commission shall provide the Secretary concerned the information described in paragraph (2) every 6 months unless the Commission no longer has such information. (4) Protection of information (A) In general The Commission shall specify to the Secretary concerned which information provided under paragraph (2) was collected in a confidential or proprietary manner, and the Secretary concerned may not make such information publicly available. (B) FOIA Information provided under paragraph (2) is exempt from disclosure to the public under section 552(b)(3)(B) of title 5, United States Code. (c) Working group (1) Establishment Not later than 30 days after the date of enactment of this section, the Commission and the Secretary concerned shall establish an interagency working group to facilitate the preparation and interoperability of information technology systems for the provision and receipt of the information described in subsection (b)(2). (2) Nonapplicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the interagency working group established under paragraph (1). (d) Reports (1) Preliminary assessment of potential barriers Not later 120 days after the date on which the interagency working group is established pursuant to subsection (c)(1), the Commission and the Secretary concerned shall jointly submit a report to the appropriate committees of Congress with a preliminary assessment of any potential barriers to sharing the information described under subsection (b)(2). (2) Assessments Not later than 1 year after the date on which the Commission provides the information described under subsection (b)(2) to the Department concerned, the Commission and the Secretary concerned shall jointly submit a report to the appropriate committees of Congress with— (A) an assessment of the effectiveness of a user’s ability to locate broadband infrastructure on covered land in an area to be determined as unserved by the Commission on the basis of the maps created under section 802(c) of the Communications Act of 1934 (47 U.S.C. 642(c)); and (B) an assessment of whether the Department concerned prioritized the review of applications for a communications use authorization in an area to be determined as unserved by the Commission on the basis of the maps created under such section.