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Title II — Broadband Transparency

H.R. 7302 · 116th Congress · Jun 24, 2020 · Lineage

II Broadband Transparency

Sec. 2001 Definitions

In this title:
(1)
Broadband internet access service— The term broadband internet access service has the meaning given the term in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation.
(2)
Fixed wireless broadband— The term fixed wireless broadband means broadband internet access service that serves end users primarily at fixed endpoints through stationary equipment connected by the use of radio, such as by the use of unlicensed spectrum.
(3)
Mobile broadband— The term mobile broadband—
(A)
means broadband internet access service that serves end users primarily using mobile stations;
(B)
includes services that use smartphones or mobile network-enabled tablets as the primary endpoints for connection to the internet; and
(C)
includes mobile satellite broadband internet access services.
(4)
Provider— The term provider means a provider of fixed or mobile broadband internet access service.
(5)
Satellite broadband— The term satellite broadband means broadband internet access service that serves end users primarily at fixed endpoints through stationary equipment connected by the use of orbital satellites.
(6)
Terrestrial fixed broadband— The term terrestrial fixed broadband means broadband internet access service that serves end users primarily at fixed endpoints through stationary equipment connected by wired technology such as cable, DSL, and fiber.

Sec. 2002 Broadband transparency

(a)
Rules—
(1)
In general— Not later than 1 year after the date of the enactment of this Act, the Commission shall issue final rules that include a requirement for the annual collection by the Commission of data relating to the price and subscription rates of terrestrial fixed broadband, fixed wireless broadband, satellite broadband, and mobile broadband.
(2)
Updates— Not later than 90 days after the date on which rules are issued under paragraph (1), and when determined to be necessary by the Commission thereafter, the Commission shall revise such rules to verify the accuracy of data submitted pursuant to such rules.
(3)
Redundancy avoidance— Nothing in this section shall be construed to require the Commission, in order to meet a requirement of this section, to duplicate an activity that the Commission is undertaking as of the date of the enactment of this Act, if the Commission refers to such activity in the rules issued under paragraph (1), such activity meets the requirements of this section, and the Commission discloses such activity to the public.
(b)
Content of rules— The rules issued by the Commission under subsection (a)(1) shall require the Commission to collect from each provider of terrestrial fixed broadband, fixed wireless broadband, mobile broadband, or satellite broadband, data that includes—
(1)
either the weighted average of the monthly prices charged to subscribed households within each census block for each distinct broadband internet access service plan or tier of standalone broadband internet access service, including mandatory equipment charges, usage-based fees, and fees for early termination of required contracts, or the monthly price charged to each subscribed household, including such charges and fees;
(2)
either the mean monthly price within the duration of subscription contracts offered within each census block for each distinct broadband internet access service plan or tier of standalone broadband internet access service, including mandatory equipment charges, usage-based fees, and fees for early termination of required contracts, or the mean monthly price within the duration of subscription contracts offered to each household, including such charges and fees;
(3)
either the subscription rate within each census block for each distinct broadband internet access service plan or tier of standalone broadband internet access service, or information regarding the subscription status of each household to which a subscription is offered;
(4)
data necessary to demonstrate the actual price paid by subscribers of broadband internet access service at each tier for such service in a manner that—
(A)
takes into account any discounts (or similar price concessions); and
(B)
identifies any additional taxes and fees (including for the use of equipment related to the use of a subscription for such service), any monthly data usage limitation at the stated price, and the extent to which the price of the service reflects inclusion within a product bundle; and
(5)
data necessary to assess the resiliency of the broadband internet access service network in the event of a natural disaster or emergency.
(c)
Technical assistance— The Commission shall provide technical assistance to small providers (as defined by the Commission) of broadband internet access service, to ensure such providers can fulfill the requirements of this section.

Sec. 2003 Distribution of data

(a)
Availability of data— Subject to subsection (b), the Commission shall make all data relating to broadband internet access service collected under rules required by this title available in a commonly used electronic format to—
(1)
other Federal agencies, including the National Telecommunications and Information Administration, to assist that agency in conducting the study required by section 1102(c);
(2)
a broadband office, public utility commission, broadband mapping program, or other broadband program of a State, in the case of data pertaining to the needs of that State;
(3)
a unit of local government, in the case of data pertaining to the needs of that locality; and
(4)
an individual or organization conducting research for noncommercial purposes or public interest purposes.
(b)
Protection of data—
(1)
In general— The Commission may not share any data described in subsection (a) 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 data.
(2)
Determination of personally identifiable information— The Commission—
(A)
shall define the term personally identifiable information, for purposes of paragraph (1), through notice and comment rulemaking; and
(B)
may not share any data under subsection (a) before completing the rulemaking under subparagraph (A).
(c)
Balancing access and protection— If the Commission is unable to determine under subsection (b)(1) that an entity or individual requesting access to data under subsection (a) has the capability to protect personally identifiable information contained in the data, the Commission shall make as much of the data available as possible in a format that does not compromise personally identifiable information, through methods such as anonymization.

Sec. 2004 Coordination with certain other Federal agencies

Section 804(b)(2) of the Communications Act of 1934 (47 U.S.C. 644(b)(2)), as added by the Broadband DATA Act (Public Law 116–130), is amended—
(1)
in subparagraph (A)(ii), by striking the semicolon at the end and inserting “; and”;
(2)
by amending subparagraph (B) to read as follows:

“(B) coordinate with the Postmaster General, the heads of other Federal agencies that operate delivery fleet vehicles, and the Director of the Bureau of the Census for assistance with data collection whenever coordination could feasibly yield more specific geographic data.”

(3)
by striking subparagraph (C).

Sec. 2005 Broadband consumer labels

(a)
Rules— Not later than 1 year after the date of the enactment of this Act, the Commission shall issue final rules to promote and incentivize widespread adoption of the broadband consumer labels referred to in the Public Notice of the Commission released on April 4, 2016 (DA 16–357).
(b)
Hearings— The Commission shall conduct a series of public hearings in the rulemaking proceeding required by subsection (a) to assess how consumers currently evaluate internet service plans and whether existing disclosures are available, effective, and sufficient.

Sec. 2006 Appropriation for Broadband DATA Act

There are appropriated to the Commission, out of any money in the Treasury not otherwise appropriated, $24,000,000 to carry out title VIII of the Communications Act of 1934 (47 U.S.C. 641 et seq.), as added by the Broadband DATA Act (Public Law 116–130), for fiscal year 2021, to remain available until expended.