,i #aagth ,,congress #ast ,session ,h4 ,r4 #dhge ,,in ,,the ,,house ,,of ,,representatives ,july #cj1 #bjba ,ms4 ,clarke of ,new ,york introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to require the ,federal ,communications ,commission to issue a notice of inquiry related to digital redlining1 to prohibit digital redlining1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,anti ,digital ,redlining ,act of #bjba4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings and purpose4 ,sec4 #c4 ,notice of inquiry to assess factors that indicate digital redlining is occurring4 ,sec4 #d4 ,rules required to prevent digital redlining4 ,sec4 #e4 ,public complaints at the ,commission4 ,sec4 #f4 ,enforcement of antiredlining provision4 ,sec4 #g4 ,prohibition of ,,isp or ,,mvpd exclusive agreements with multi-dwelling units4 ,sec4 #h4 ,study of the impact of franchising agreements on consumers and competition4 ,sec4 #i4 ,no forbearance or waiver4 ,sec4 #aj4 ,no preemption of consistent ,state or local authority4 ,sec4 #aa4 ,definitions4 #b4 ,findings and purpose 7a7 ,findings ,congress finds the following3 7#a7 ,many consumers pay as much for ,,dsl as they do for fiber1 despite fiber offering significantly faster speeds and greater reliability4 7#b7 ,internet service providers are less likely to upgrade to fiber as a transmission medium in low-income communities4 ,households where fiber networks are deployed have a median income #cd percent higher than those with only ,,dsl4 7#c7 ,communities of color are more likely to have slower and less reliable internet service4 ,this disparity creates significant barriers to accessing employment opportunities1 educational opportunities1 healthcare resources1 and diminishes opportunities for civic engagement4 7#d7 ,the creation of significant disparities in internet service within a geographic area imposes significant costs not only on the individuals with slower or less reliable service1 but on government at the local1 ,state and ,federal level by requiring governments to provide non-digital as well as digital means of accessing benefits1 paying bills1 sharing information1 and otherwise choosing between either offering redundant non-digital means of interaction or excluding residents without access to high speed1 reliable broadband4 7#e7 ,communities with poor quality broadband have difficulty attracting businesses1 attracting new residents1 and have difficulty competing with communities with superior broadband options available4 7#f7 ,companies can deploy fiber to most lower income communities and generate sufficient revenue to recoup the cost of deployment4 7#g7 ,broadband is an essential service and consumers1 regardless of income1 race1 ethnicity1 color or national origin deserve affordable reliable broadband4 7#h7 ,competition between internet service providers within a specific neighborhood is an important means of ensuring quality service and lower prices to the residents of that neighborhood4 ,by contrast1 neighborhoods with a single provider often suffer from lower quality service and higher prices4 7#i7 ,internet service providers1 ,state and local governments1 and the ,federal ,communications ,commission have all identified arrangements by ,i,s,ps between landlords1 housing associations1 and other relevant private entities designed 7collectively landlords7 to thwart access by competitors as a significant contributing factor to digital redlining by preventing or discouraging access to superior service and eliminating the threat of competition to the preferred provider4 ,these arrangements may take the form of exclusive access for a single provider1 discounts to residents on rent1 utility payments1 or other landlord generated charges1 additional expenses to either the resident or the competing provider to access and install necessary equipment or inside wiring4 ,landlords may also impose restrictions on access by rival providers for purposes of marketing rival services1 or otherwise limit communication between rival providers and residents4 7#aj7 ,although the ,federal ,communications ,commission formally prohibited express exclusive agreements between landlords and broadband providers in #bjjg1 these arrangements continue to persist as a consequence of loopholes and the lack of an effective enforcement mechanism to ensure swift access of willing competitors to willing customers4 7#aa7 ,even where local and ,state authorities have reached agreements with competing internet service providers to deploy in neighborhoods suffering redlining1 the presence of these agreements has thwarted competitive entry and aggravated digital redlining4 7#ab7 ,as a consequence of agreements between landlords and internet service providers1 ,americans can lose the benefits of competition1 leading to higher prices and poorer service4 7#ac7 ,traditionally1 wireless technologies have been less subject to digital redlining because a single tower can cover an area of many miles4 ,newer wireless technologies1 such as #e;,g1 employ towers with much smaller coverage areas--sometimes requiring multiple towers to provide adequate coverage within a neighborhood4 ,this has generated concern that1 without ,congressional action1 communities that now suffer digital redlining from wireline services may suffer similar wireless digital redlining in the future4 7#ad7 ,easements and access to private property for the purpose of providing critical and competing services are a well-established regulatory tool1 and do not constitute an unconstitutional taking4 7b7 ,purpose ,it is the purpose of this ,act-- 7#a7 to identify and remedy digital redlining1 regardless of the level of competition in the market as a whole1 by ensuring all ,americans1 especially those in traditionally underserved or marginalized communities1 have access to competing broadband networks at the same quality of service1 at reasonable prices1 as available in other similarly situated communities with higher median incomes or different demographic makeup2 7#b7 to empower and require the ,federal ,communications ,commission to identify what constitutes digital redlining1 and to empower and require the ,commission to enact regulations designed to eliminate digital redlining2 and 7#c7 to enable competing broadband providers frustrated by exclusive arrangements between rival providers and landlords to serve willing customers4 #c4 ,notice of inquiry to assess factors that indicate digital redlining is occurring ,not later than #ahj days after the date of the enactment of this ,act1 the ,commission shall issue a notice of inquiry that seeks public comment on the following3 7#a7 ,criteria necessary to determine where ,i,s,ps are not upgrading systems or deploying new systems capable of supporting robust broadband access of comparable quality with the broader community4 7#b7 ,criteria to define the granularity of the geographic area necessary to determine whether discriminatory factors are being used to delay deployment of robust broadband4 7#c7 ,the reasons ,i,s,ps use to determine where facilities are upgraded to provide robust broadband and what factors deter deployment in those granular areas that are not served4 7#d7 ,the disparity investment in high-income areas compared to low-income areas within the geographic service area of an ,,isp4 7#e7 ,disparity of investment based on race4 7#f7 ,availability of fiber to the home1 or deployment of fiber-to-the-curb or headend1 within a geographic service area4 7#g7 ,degradation in quality of service within geographic service area over a given period of time4 7#h7 ,tier flattening in rural and urban service areas4 7#i7 ,network resiliency issues1 including frequency of outages4 7#aj7 ,the reliability of networks with respect to the recovery of outages4 #d4 ,rules required to prevent digital redlining 7a7 ,rules required ,not later than #b years after the date of the enactment of this ,act and based on the findings from the notice of inquiry under section #c1 the ,commission shall promulgate rules that do the following3 7#a7 ,overcome identified barriers from such notice of inquiry1 including rules to prevent discrimination of access based on income level1 race1 color1 religion1 or national origin4 7#b7 ,define the granularity of the geographic area in which the ,commission considers compliance with the rules adopted1 taking into account whether information at a census-block level or a more discrete level is needed to identify areas where redlining is occurring4 7#c7 ,determine what factors would permit an ,,isp to not deploy to the entirety of a clearly defined geographic area with comparable robust broadband service1 taking into account that deployment planning for areas may proceed in differing stages4 ,in developing this determination1 the ,commission shall establish a process by which a provider may request an exemption from a requirement to deploy robust broadband to the entirety of a clearly defined geographic area upon a showing that factors other than income level1 race1 color1 religion1 or national origin are the causes of the inability to deploy broadband4 7b7 ,commission policies ,the ,commission shall ensure that the policies of the ,commission promote equal access to robust broadband by prohibiting deployment discrimination based on the income level of an area1 the predominant race or ethnicity composition of an area1 or other factors the ,commission determines based on the findings in the record developed from this any rule promulgated under this section and the notice of inquiry under section #c4 #e4 ,public complaints at the ,commission ,an individual may file a complaint using the public complaint system of the ,commission for a violation of this ,act4 ,a complaint shall specify which provision of this ,act or rule of the ,commission is allegedly violated4 ,the ,commission shall adopt such rules as are necessary to facilitate the filing and enforcement of any such complaint4 #f4 ,enforcement of antiredlining provision 7a7 ,commission orders ,the ,commission may issue an order to remedy a violation of a rule issued pursuant to section #d1 which may include any of the following3 7#a7 ,an order to provide interconnection to any other ,,isp willing to provide service to the area found to be redlined and to whatever additional area the ,commission may determine is necessary to make service to the redlined area reasonably profitable and sustainable4 7#b7 ,an order to compel an ,,isp to provide service to the area found to be redlined-- 7,a7 which shall detail the services required to be offered and may require that the prices offered for such services be just1 reasonable1 and affordable to the residents of the relevant geographic area2 and 7,b7 which may not threaten the commercial viability of the ,,isp4 7#c7 ,an order to require a party not subject to the jurisdiction of the ,commission to provide access to any physical premises1 wiring1 or facility4 7#d7 ,any other relief or penalty authorized under this ,act4 7b7 ,federal funds 7#a7 ,in general ,for any ,,isp that receives ,federal funds on or after the date of the enactment of this section for the purpose of providing service to a geographic area that includes an area subject to redlining1 the ,commission shall assess the cost of provision of robust broadband to the redlined area and shall require the ,,isp to return the funds for that portion of the grant that should have provided service to that area4 ,the ,commission shall include interest from the date of the disbursement of the ,federal funds to the date of payment for any funds returned under this paragraph4 7#b7 ,use of funds ,the ,commission may use any funds returned under paragraph 7#a7 for any broadband deployment or digital inclusion fund supervised by the ,commission4 #g4 ,prohibition of ,,isp or ,,mvpd exclusive agreements with multi-dwelling units 7a7 ,exclusive agreements prohibited ,an ,,isp and ,,mvpd may not1 individually or jointly1 enter into an agreement with a multi-dwelling unit that limits the ability of an ,,isp or ,,mvpd 7or that has the effect of such limitation7 from serving a resident of the ,,mdu4 ,nor may an ,,mdu unreasonably restrict access to an ,,isp or ,,mvpd to which a resident subscribes4 7b7 ,incentives prohibited ,a landlord may not offer an incentive to a resident to select a specific ,,isp or ,,mvpd1 or any action designed to prevent or discourage any resident from subscribing to any ,,isp or ,,mvpd4 7c7 ,landlord inducement prohibited ,an ,,isp or ,,mvpd may not offer an inducement to a landlord that-- 7#a7 promotes or favors any ,,isp or ,,mvpd with regard to marketing1 obtaining or retaining residents of a multi-dwelling unit as subscribers2 or 7#b7 in any way discourage a resident of a multi-dwelling unit from subscribing to an ,,isp or ,,mvpd the resident chooses4 7d7 ,public availability of agreements ,an ,,isp or ,,mvpd shall make any agreement made by an ,,isp or ,,mvpd with a multi-dwelling unit available to the public4 7e7 ,access to premises1 access to wiring ,an ,,isp and ,,mvpd shall have reasonable access to the premises of the multi-dwelling unit1 and to any wiring or other resource or facility controlled by the multi-dwelling unit necessary to provide service4 ,a multi-dwelling unit may require all ,i,s,ps or ,m,v,p,ds to share a common set of conduits or wires to minimize the need for disruptive access and any requirement or charge for use of common conduits or wires-- 7#a7 shall be just1 reasonable1 and non-discriminatory2 7#b7 does not impose an undue burden on an ,,isp or ,,mvpd seeking to provide service2 7#c7 does not unreasonably interfere with the ability of an ,,isp or ,,mvpd to upgrade or repair its network2 and 7#d7 can accommodate the speed1 quality of service1 and channel capacity the ,,isp or ,,mvpd offers its subscribers4 7f7 ,regulations required 7#a7 ,commencement of proceeding ,not later than #ahj days after the date of the enactment of this ,act1 the ,commission shall commence a proceeding to determine the rules that are necessary to effectuate the prohibitions described in subsections 7a7 through 7e74 7#b7 ,issuance of rules ,not later than #ahj days after the date on which the proceeding is commenced pursuant to paragraph 7#a71 the ,commission shall publish the rules in the ,federal ,register4 ,the rules shall contain the following requirements3 7,a7 ,compensation for access to and use of wiring ,ensure that a multi-dwelling unit or another owner of a premises1 wiring1 or other facility to which access is necessary to meet the requirements of this ,act receive just and reasonable compensation for access to1 and use of1 their property1 which shall be charged on a non-discriminatory basis to each ,,isp and ,,mvpd seeking such access and use4 ,a multi-dwelling unit may not charge an ,,isp or ,,mvpd to enter the multi-dwelling unit to provide service within the residence of a subscriber1 or to provide customer premise equipment that does not require any physical modification of the residence4 7,b7 ,charges for damages1 deposit1 proof of insurance ,a multi-dwelling unit1 resident1 or other entity that suffers damage to its physical property may demand reasonable compensation from the ,,isp or ,,mvpd responsible1 including the cost of repair4 ,a multi-dwelling unit may require a reasonable deposit or proof1 or both1 of reasonable insurance coverage from an ,,isp or ,,mvpd prior to providing access to the multi-dwelling unit4 7,c7 ,restriction on charges ,a multi-dwelling unit may not directly charge a subscriber for any expense accrued by an ,,isp or ,,mvpd under this section4 7,d7 ,subscriber charges ,an ,,isp or ,,mvpd may charge a subscriber for expenses accrued under this section by an ,,isp or ,,mvpd4 ,any charges to a subscriber under this subparagraph are subject to section #fdb of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #efb74 7g7 ,enforcement 7#a7 ,civil ,action ,a violation of this section or any rule issued under this section by any multi-dwelling unit1 ,,isp1 or ,,mvpd shall be subject to a civil action by any resident of the multi-dwelling unit as if the multi-dwelling unit1 ,,isp1 or ,,mvpd violated section #fca7;f7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #eea7;f774 ,this right to civil action may not be waived or subject to any arbitration requirement4 7#b7 ,request for access ,an ,,isp1 ,,mvpd1 or resident of a multi-dwelling unit may file a request to the ,commission1 or to the ,federal district court with jurisdiction over the multi-dwelling unit1 for an order to allow access to the premises to install and provide service4 7#c7 ,limitations to access ,any access granted under paragraph 7#b7 shall be consistent with any applicable ,commission rule1 any applicable ,state or local building code1 or any other additional consideration to protect life1 safety1 or the quality of life of other residents of the multi-dwelling unit4 7#d7 ,deadline for issuing order ,not later than #ij days after the date on which a request for an order is filed under paragraph 7#b71 the ,commission or district court1 as applicable1 shall make a determination and issue the order or a denial of the order granting access4 7#e7 ,service of process required ,any party that files a request for an order under paragraph 7#b7 shall serve a copy of the request on the multi-dwelling unit1 and on any ,,isp or ,,mvpd that offers service to residents of the multi-dwelling unit4 #h4 ,study of the impact of franchising agreements on consumers and competition 7a7 ,proceeding by ,,fcc 7#a7 ,in general 7,a7 ,initiation ,not later than #a year after the date of the enactment of this ,act1 the ,commission shall initiate a proceeding to analyze the use of franchising agreements between telecommunications providers and municipal governments as well as the impact of these agreements on the price and quality of service for consumers and competition in the local market4 7,b7 ,conclusion ,not later than #a year after initiating the proceeding under subparagraph 7,a71 the ,commission shall conclude the proceeding4 7#b7 ,matters for analysis ,the analysis conducted under paragraph 7#a7 shall include the following3 7,a7 ,estimation of franchise agreements ,an estimation of the number of franchising agreements in effect or entered into during the covered period4 7,b7 ,consumer costs ,an examination of the cost of broadband for consumers living in areas within the jurisdiction of the franchise and comparative analysis relative to comparable localities without such agreements4 7,c7 ,quality of service ,an examination of the quality of service provided to consumers living throughout the jurisdiction the franchise in order to identify any differences in quality of service provided in different regions within the same franchise4 7#c7 ,covered period defined ,in this subsection1 the term covered period means the #f-year period that-- 7,a7 begins on the date that is #c years before the date on which the proceeding under paragraph 7#a7 is initiated2 and 7,b7 ends on the date that is #c years after the date on which the proceeding is initiated4 7b7 ,report to congress ,not later than #abj days after concluding the proceeding under subsection 7a77#a71 the ,commission shall publish on its website and submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report on the findings of the proceeding4 #i4 ,no forbearance or waiver ,notwithstanding sections #aj or #ccb of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #afa1 #ccb7 or any other relevant provision of law1 the ,commission may not forbear from or waive any provision of this ,act or forbear from or waive any rule issued pursuant to this ,act4 #aj4 ,no preemption of consistent ,state or local authority ,nothing in this ,act may be construed to preempt any consistent provision of ,state law or local regulation4 ,the remedies provided for in this ,act shall be in addition to any other remedy provided by common law1 ,state law1 or ,federal law4 #aa4 ,definitions ,in this ,act3 7#a7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#b7 ,,isp ,the term ,,isp or internet service provider means a provider of broadband internet access service 7as defined by the ,commission in section #h4a of part #dg1 ,code of ,federal ,regulations1 or subsequent regulation74 7#c7 ,multi-dwelling unit2 ,,mdu ,the term multi-dwelling unit or ,,mdu has the meaning given the term ,,mdu in section #gf4hjj7;a7 of part #dg1 ,code of ,federal ,regulations1 and any other entity the ,commission determines to be necessary to effectuate the purposes of this ,act4 7#d7 ,,mvpd ,the term ,,mvpd means has the meaning given the term multichannel video programming distributor in section #fjb of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ebb74 7#e7 ,robust broadband ,the term robust broadband means broadband of a symmetric speed sufficient to allow households to engage in online activities 7including remote learning1 remote telework1 telehealth1 and other services that consumers use broadband7 for economic1 educational1 and other online activities1 on multiple devices common to a family of four individuals living in a household4