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The "digital divide" is a term that has been used to characterize a gap between "information haves and have-nots," or in other words, between those Americans who use or have access to telecommunications and information technologies and those who do not. One important subset of the digital divide debate concerns access to high-speed internet access and advanced telecommunications services, also known as broadband. Broadband is provided by a series of technologies (e.g., cable, telephone wire, fiber, satellite, and mobile and fixed wireless) that give users the ability to send and receive data at volumes and speeds necessary tothat support a number of applications including voice communications, entertainment, telemedicine, distance education, telework, ecommerce, civic engagement, public safety, and energy conservation.
Broadband technologies are currently being deployed, primarily by the private sector, throughout the United States. While the numbersnumber of new broadband subscribers continuecontinues to grow, studies and data suggestindicate that the rate of broadband deployment in urban/suburban and high-income areas is outpacing deployment in rural and low-income areas. Some policymakers, believing that disparities in broadband access across American society could have adverse economic and social consequences on those left behind, assert that the federal government should play a more active role to address the "digital divide" in broadband access.
With the conclusion of the grant and loan awards established by For example, in February 2009, broadband provisions in the American Recovery and Reinvestment Act of 2009 (P.L. 111-5), there remain provided a total of $7.2 billion for broadband grants, loans, and loan/grant combinations to facilitate economic development.
There are two primary ongoing federal vehicles whichthat direct federal money to fund broadband infrastructure: the broadband and telecommunications programs at the Rural Utilities Service (RUS) of the U.S. Department of Agriculture and the Universal Service Fund (USF) programs under the Federal Communications Commission (FCC). RUS broadband programs were reauthorized and modified byin the 2018 farm bill. The USF High Cost Fund P.L. 115-334. The USF High Cost Fund, which was designed to ensure rural, high-cost areas have access to voice service, is undergoing a major transition to the Connect America Fund, which is targeted to the deployment, adoption, and utilization of both fixed and mobile broadband.
Meanwhile,In the Consolidated Appropriations Act, 2018 (P.L. 115-141) appropriated, Congress provided $600 million tofor RUS to conduct a new broadband loan and grant pilot program (called the ReConnect Program), and appropriated. In addition, Congress provided $7.5 million to the National Telecommunications and Information Administration (NTIA) to update the national broadband availability mapFixed Broadband Deployment Map in coordination with the FCC.
In the Consolidated Appropriations Act, 2019 (P.L. 116-6), Congress provided an additional $550 million for ReConnect. The Conference Agreement of the Consolidated Appropriations Act of 2019 (P.L. 116-6) provided $7.5 million to maintain the Fixed Broadband Deployment Map in coordination with the FCC. Additionally, P.L. 115-141 contained provisions seeking to facilitate deployment of broadband infrastructure on federal property, as well as making more spectrum available for wireless broadband.
To the extent that the 116th Congress may consider various options for further encouraging broadband deployment and adoption, a key issue is how to strike a balance between providing federal assistance for unserved and underserved areas where the private sector may not be providing acceptable levels of broadband service, while at the same time minimizing any deleterious effects that government intervention in the marketplace may have on competition and private sector investment.
The "digital divide" is a term used to describe a gap between "information haves and have-nots," or in other words, between those Americans who use or have adequate access to telecommunications and information technologies and those who do not.1 Whether or not individuals or communities fall into the "information haves" category depends on a number of factors, ranging from the presence of computers in the home, to training and education, to the availability of affordable internet access.
Broadband is high-speed internet access that is faster than traditional dial-up access and always on. Broadband can be accessed through several high-speed technologies, such as: Broadband technologies are currently being deployed, primarily by the private sector, throughout the United States. While the numbers of new broadband subscribers continue to grow, studies and data indicate that the rate of broadband deployment in urban/suburban and high-income areas is outpacing deployment in rural and low-income areas.2 Three federal agencies—the National Telecommunications and Information Administration (NTIA), within the Department of Commerce (DOC), the Federal Communications Commission (FCC), and the Rural Utilities Service (RUS), within the United States Department of Agriculture (USDA)—presently are or historically have had a role in providing federal funding to help close the digital divide.Broadband technologies are currently being deployed primarily by the private sector throughout the United States. While the numbers of new broadband subscribers continue to grow, studies and data suggestinternet became publically available in the 1990s, and has evolved since that time as information has continually become digital (e.g., job applications, government forms have moved online). While most Americans now have access to the internet, access is not equally available across the country. The "digital divide" is a term used to describe a gap between those Americans who have adequate access to broadband and those who do not.1 The Telecommunications Act of 1996 (P.L. 104-104) acknowledged the digital divide, with Section 706(a) directing the Federal Communications Commission (FCC) to encourage the deployment on a reasonable and timely basis of advanced telecommunications capability to all Americans. Additionally, Section 254 of the act provided for Universal Service support to further access to advanced telecommunications services.
that the rate of broadband deployment in urban/suburban and high-income areas is outpacing deployment in rural and low-income areas.
Prior to the late 1990s, American homes accessed the internet at maximum speeds of 56 kilobits per second by dialing up an Internet Service Provider over the same copper telephone line used for traditional voice service. A relatively small number of businesses and institutions used broadband or high-speed3 connections through the installation of special "dedicated lines," typically provided by their local telephone company. Starting in the late 1990s, cable television companies began offering cable modem broadband service to homes and businesses. This was accompanied by telephone companies beginning to offer DSL service (broadband over existing copper telephone wireline). Growth in broadband service has been steep, rising from 2.8 million high-speed lines reported as of December 1999, to 409421 million connections as of June 30December 31, 2017.4, 2017.2 Of the 409 million high-speed connections reported by the FCC, 353 million serve residential users.3
Table 1 depicts the relative deployment of different types of broadband technologies. A distinction is often made between "current generation" and "next generation" broadband (commonly referred to as next generation networks or NGN). "Current generation" typically refers to initially deployed cable, DSL, and many wireless systems, while "next generation" refers to dramatically faster download and upload speeds offered by fiber technologies and also by successive generations of cable, DSL, and wireless technologies. In general, the greater the download and upload speeds offered by a broadband connection, the more sophisticated (and potentially valuable) the application that is enabled.
Table 1. Percentage of Broadband Technologies by Types of Connection
Speed Measured in Kilobits per second (Kbps) or Megabits per second (Mbps)
Connections over 200 kbps in at least one direction |
Residential connections over 200 kbps in at least one direction |
Fixed |
Residential fixed connections at least 10 |
Fixed |
Residential fixed connections at least 25 |
|
Cable modem |
15.7% |
16.9% |
|
71. |
|
|
DSL |
|
|
|
12. |
|
|
Mobile wireless |
74. |
72. |
— |
— |
— |
— |
Fiber |
3. |
3. |
|
|
15. |
|
All other |
0.9% |
0.8% |
2.4% |
2.2% |
|
|
Source: FCC, Internet Access Services: Status as of June 30, 2017, pp. 16-22.
Notes: Kbps means kilobits per second, and Mbps means megabits per second. 1 megabit is equal to 1,000 kilobits. 10/1 means 10 Mbps download/1 Mbps upload, and 25/3 means 25 Mbps download/3 Mbps upload. Totals may not sum due to rounding. FCC data indicate where fixed broadband service is and is not being deployed.4 The FCC has set a speed benchmark of 25 Mbps (download speed)/3 Mbps (upload speed) as the measure by which it determines whether a fixed service provides advanced telecommunications capability.December 31, 2017, released August 2019, pp. 16-22.
Communications Marketplace2019 Broadband Deployment Report.56 According to the most recent FCC deployment data, as of December 2017, 94% of all Americans93.5% of the overall population had access to fixed terrestrial broadband at speeds of at least 25 Mbps/3 Mbps, with over 19.4 million Americans still lacking fixed terrestrial broadband at those speeds.6 with 21.3 million Americans lacking access to fixed terrestrial broadband at those speeds. Nonetheless, the gap in rural and tribal America remains notable: the FCC reports that over 26% of Americans in rural areas and 32% of Americans in tribal lands lack coverage from fixed terrestrial 25 Mbps/3 Mbps broadband, as compared to only 1.7% of Americans in urban areas.7 Table 3 shows the percentage of Americans as of December 2017 with access to fixed 25 Mbps/3Mbps terrestrial broadband by state.
Table 2. Percentage of Americans with Access to Fixed Terrestrial Broadband at Minimum Speed of 25 Mbps/3 Mbps
|
|
|
|
|
2014
|
2015
|
2016 2017 |
||||||||
All U.S. |
|
|
|
|
|
||||||||||
Urban |
|
|
|
|
|
||||||||||
Rural |
|
|
|
|
|
||||||||||
Tribal |
|
|
|
|
|
Source: FCC, Communications Marketplace2019 Broadband Deployment Report, p. 13221.
Table 3. Percentage of Americans with Access to Fixed Terrestrial Broadband by State
(December 2017 data, minimum speed of 25 Mbps/3 Mbps)
% of population with access, |
% of population with access, |
% of population with access, |
|
United States |
9 |
7 |
98. |
Alabama |
86.1 |
69.7 |
97.7 |
Alaska |
80.5 |
51.6 |
96.4 |
Arizona |
86.9 |
39.8 |
93.3 |
Arkansas |
77.4 |
55.9 |
94.4 |
California |
97.0 |
67.3 |
98.9 |
Colorado |
92.9 |
63.2 |
98.4 |
Connecticut |
100 |
100 |
100 |
Delaware |
97.6 |
93.8 |
98.5 |
Dist. of Columbia |
100 |
N/A |
|
Florida |
96.2 |
77.9 |
98.2 |
Georgia |
92.5 |
77.6 |
97.3 |
Hawaii |
96.1 |
71.5 |
98.6 |
Idaho |
85.3 |
58.6 |
97.3 |
Illinois |
94.7 |
61.1 |
99.0 |
Indiana |
89.9 |
67.4 |
98.5 |
Iowa |
90.7 |
77.5 |
98.1 |
Kansas |
91. |
71. |
97.9 |
Kentucky |
90.9 |
79.7 |
98.7 |
Louisiana |
87.6 |
63.3 |
96.5 |
Maine |
93.3 |
89.6 |
99.4 |
Maryland |
100 |
100 |
100 |
Massachusetts |
97.9 |
92.3 |
98.4 |
Michigan |
92.0 |
73.1 |
98.6 |
Minnesota |
94.8 |
83.7 |
98.9 |
Mississippi |
79.6 |
62.6 |
97.0 |
Missouri |
88.7 |
65.1 |
98.8 |
Montana |
86. |
72.6 |
97.5 |
Nebraska |
87.3 |
58.0 |
97.9 |
Nevada |
92.7 |
46.5 |
96.1 |
New Hampshire |
94.7 |
89.1 |
98.3 |
New Jersey |
100 |
100 |
100 |
New Mexico |
83.4 |
47. |
94.8 |
New York |
100 |
100 |
100 |
North Carolina |
94.8 |
84.8 |
99.8 |
North Dakota |
93.1 |
87.3 |
97.6 |
Ohio |
94.7 |
78.4 |
99.3 |
Oklahoma |
79.0 |
48.3 |
95.0 |
Oregon |
92.4 |
68.9 |
98.3 |
Pennsylvania |
100 |
100 |
100 |
Rhode Island |
100 |
100 |
100 |
South Carolina |
89.9 |
73.7 |
98.2 |
South Dakota |
88.9 |
76.1 |
99.2 |
Tennessee |
91.3 |
77.0 |
98.5 |
Texas |
92.7 |
68.9 |
97.4 |
Utah |
94.2 |
64.0 |
98.5 |
Vermont |
89.3 |
83.4 |
98.7 |
Virginia |
100 |
100 |
100 |
Washington |
97.3 |
88.9 |
99.0 |
West Virginia |
84.6 |
72.5 |
97.2 |
Wisconsin |
91.3 |
72.1 |
99.5 |
Wyoming |
81.3 |
52.8 |
98.7 |
Source: FCC, 2019 Broadband DeploymentFCC, Communications Marketplace Report, Appendix D-1, available at: https://docs.fcc.gov/public/attachments/FCC-18-181A919-44A1.pdf.
Another important broadband availability metric is the extent to which there are multiple broadband providers offering competition and consumer choice. Typically, multiple providers are more prevalent in urban than in rural areas or tribal areas (see Table 4).
|
|
|
|
|||||||||
Nationwide |
|
|
|
|
||||||||
Urban |
|
|
|
|
||||||||
Rural |
|
|
|
|
||||||||
Tribal |
|
|
|
|
Source: FCC, Communications Marketplace Report, pp. 97-98, data as of December 31, 2017.
In contrast to broadband availability, which refers to whether or not broadband service is offered, broadband adoption refers to the extent to which American households actually subscribe to and use fixed broadband. According to Census data from the 2016 American Community Survey, 81.4% of American households have a broadband internet subscription.7 Other Census data from July 2015 show that 68% of Americans use the internet at home.8 The Census data also show that Americans increasingly are connecting to the internet through other devices in addition to desktop computers: 52% of Americans used two or more devices to connect, including tablets, laptops, mobile phones, and TV connected boxes (gaming consoles and streaming video players).9
8 Pew Research Center reports that 10% of adults do not use the internet in 2019, down from 48% in 2000.9 The most recent survey data from the Pew Research Center show that populations continuing to lag behind inhave lower rates of internet adoption include people with low incomes, seniors, the less-educated, and households in rural areas (see Table 5). Pew has reported that the cost of monthly subscriptions is the main reason some people do not have broadband connections.10
U.S. Adults |
|
|
Men |
|
|
Women |
|
|
White |
|
|
Black |
|
|
Hispanic |
|
|
18-29 age |
|
|
30-49 |
|
|
50-64 |
|
|
65+ |
|
|
Less than $30K income |
|
|
$30K-$50K |
|
|
$50K-$75K |
|
|
$75K+ |
|
|
Less than high school |
|
|
High school |
|
|
Some college |
|
|
College + |
|
|
Urban |
|
|
Suburban |
|
|
Rural |
|
Source: Pew Research Center, 1110% of Americans don't use the internet. Who are they? March 5, 2018Don't Use the Internet. Who Are They? April 22, 2019, survey conducted January 3-10, 20188–February 7, 2019, available at httphttps://www.pewresearch.org/fact-tank/2018/03/052019/04/22/some-americans-dont-use-the-internet-who-are-they/.
In June 2015, GAO released a report (Intended Outcomes and Effectiveness of Efforts to Address Adoption Barriers Are Unclear) which found that affordability, lack of perceived relevance, and lack of computer skills are. The report found that all 21 stakeholders identified affordability, almost all 21 stakeholders identified lack of perceived relevance, and a majority of the 21 stakeholders identified lack of computer skills as the principal barriers to broadband adoption.11 GAO examined adoption efforts by NTIA and the FCC, and identified three key approaches used to address broadband adoption barriers: discounts on computer equipment and broadband subscriptions; outreach efforts to promote broadband availability and benefits; and training to help people develop skills in using computers and broadband.12
While the number of new broadband subscribers continues to grow, the rate of broadband deployment in urban areas has outpaced deployment in rural and tribal areas. While there are many examples of rural communities with state of the art telecommunications facilities,14 recent surveys and studies have indicated that, in general, rural areas (and particularly tribal areas)15 tend to lag behind urban and suburban areas in broadband deployment—with respect to either higher speeds or any access.
For example
The comparatively lower population density of rural areas is likely the major reason why broadband is less deployed than in more highly populated suburban and urban areas. Particularly for wireline broadband technologies—such as cable modem and fiber—the greater the geographical distances among customers, the larger the cost to serve those customers. Thus, there is often less incentive for companies to invest in broadband in rural areas than, for example, in an urban area where there is more demand (more customers with perhaps higher incomes) and less cost to wire the market area.
The terrain of rural areas can also be a hindrance, in that; for example, it is more expensive, for example, to deploy broadband technologies in a mountainous or heavily forested area. An additional added cost factor for remote areas can be the expense of "backhaul" (e.g., the "middle mile"), which refers to the installation of a dedicated line which transmits a signal to and from an internet backbone, which is typically located in or near an urban area.
Some policymakers believe that disparities in broadband access across American society could have adverse consequences on those left behind, and that advanced telecommunications applications critical for businesses and consumers to engage in ecommerce are increasingly dependent on high-speed broadband connections to the internet. Thus, some say, communities and individuals without access to broadband could be at risk to the extent that connectivity becomes a critical factor in determining future economic development and prosperity.Lawmakers representing rural areas have argued many of their constituents are losing out on economic and educational resources due to a lack of broadband access.18 A February 2006 study done by the Massachusetts Institute of Technology for the Economic Development Administration of the Department of Commerce marked the first attempt to quantitatively measure the impact of broadband on economic growth. The study found that "between 1998 and 2002, communities in which mass-market broadband was available by December 1999 experienced more rapid growth in employment, the number of businesses overall, and businesses in IT-intensive sectors, relative to comparable communities without broadband at that time."21
19 Subsequently, other studies have attempted to assess the economic impact of broadband deployment. For example
Section 706(a) of the Telecommunications Act of 1996 (P.L. 104-104) directs the FCC to encourage the deployment on a reasonable and timely basis of advanced telecommunications capability to all Americans.22 Section 706(b) is the follow-up to that directive and requires the FCC to regularly initiate an inquiry assessing the availability of broadband to all Americans and to determine whether broadband "is "being deployed to all Americans in a reasonable and timely fashion." If the determination is negative, the act directs the FCC to "take immediate action to accelerate deployment of such capability by removing barriers to infrastructure investment and by promoting competition in the telecommunications market."
Starting in 1999, there have been elevenSee the FCC's 2019 Broadband Deployment Report discussed below.
Since 1999, the FCC has issued twelve Section 706 reports, each providing a snapshot and assessment of broadband deployment.27 As part of this assessment, and to help determine23 To help establish whether broadband is being deployed in "a reasonable and timely fashion," the FCC has set a minimum broadband speed that essentially serves as the benchmark the FCC uses to determinedefine what it considers broadband service for the purposes of its Section 706 determination. In 2015 the FCC, citing changing broadband usage patterns and multiple devices using broadband within single households, raised its minimum fixed broadband benchmark speed from 4 Mbps (download)/1 Mbps (upload) to 25 Mbps/3 Mbps. The designation of minimum benchmark speeds for fixed broadband, and how mobile broadband speeds should be benchmarked and factored into an overall determination of broadband deployment, has proven controversial.28
On February 2, 2018May 8, 2019, the FCC adopted and released its latest 706 report, the 20182019 Broadband Deployment Report. The. For a second consecutive year, the FCC concluded that advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion. This determination was based on evaluating progress—comparing deployment in the present year to deployment in previous years. According to the Report:
We find that analyzing progress to determine whether deployment is occurring in a reasonable and timely fashion is the approach that is most consistent with the language of section 706, as the analysis of such progress enables the Commission toAs the Commission has previously explained, the statute requires that we determine whether advanced telecommunications capability "is being deployed to all Americans"—not whether it has already been deployed to all Americans. The statute does not require perfection; reading 706(b) to require universal availability as a prerequisite for a positive finding would disregard the statute's "reasonable and timely" language.25
is being deployed" in the manner that section 706 requires. The use of the present progressive tense—"is being deployed"—as well as the language requiring an evaluation of whether that deployment is "reasonable and timely" indicates that Congress intended that the Commission evaluate the current state of deployment to all Americans, not a rigid requirement that each and every American be served at this moment.29
The FCC's latest 706 determination that broadband is being deployed in a reasonable and timely fashion is a departure from the FCC's previous five determinations that broadband is not being deployed in a reasonable and timely fashion. The latest 706 determination was approved by the three Republican FCC commissioners, with the remaining two Democratic commissioners dissenting. According to FCC Commissioner Rosenworcel's dissent:
This report concludes that in the United States the deployment of broadband to all Americans is reasonable and timely. This is ridiculous—and irresponsible. Today there are 24 million Americans without access to broadband. There are 19 million Americans in rural areas who lack the ability to access high-speed services at home. There are 12 million school-aged children who are falling into the Homework Gap because they do not have the broadband at home they need for nightly schoolwork. Ask any one of them if they think the deployment of the most essential digital age infrastructure is reasonable and timely and you will get a resounding "No." To call these numbers a testament to our national success is insulting and not credible.30
In gathering data, information, and viewpoints for the 2018 Report, the August 8, 2017, Notice of Inquiry3127 proposed to maintain the 25 Mbps/3 Mbps benchmark for fixed broadband, while at the same time soliciting comments on whether to establish a lower benchmark speed specifically for mobile broadband. One proposal under consideration was whether the presence of fixed oror mobile broadband should indicate that an area has adequate broadband service. Ultimately, the 2018 Report concluded that adoption of a single mobile benchmark is currently unworkable, given available data and the inherent variability of actual mobile speeds, and that mobile broadband service is not a full substitute for fixed service at this time.
On August 8, 2018, the FCC adopted the Fourteenth Broadband Deployment Report Notice of Inquiry, which is collectingcollected comments in preparation for the next Section 706 report in 2019. The FCC proposes to maintain the 25 Mbps/3 Mbps benchmark and is seeking comments on "whether since the 2018 Report there have been developments that would support a different conclusion about substitutability" between mobile and fixed broadband service, and "to the extent that mobile services are able to offer equivalent functionality as fixed services either now or in the future ... whether or not and in what circumstances, if any, mobile and fixed services should be considered substitutes."32
Obtaining an accurate snapshot of broadband deployment is problematic. Rapidly evolving technologies, the constant flux of the telecommunications industry, the uncertainty of consumer wants and needs, and the sheer diversity and size of the nation's economy and geography make the status of broadband deployment difficult to characterize. Improving the quality of broadband deployment data has become an issue of congressional interest, as policymakers recognize that more accurate broadband availability maps could help ensure that federal broadband programs target unserved areas of the country that are most in need of assistance.
Since the initial deployment of broadband in the late 1990s, two federal agencies have implemented broadband availability data collection and mapping initiatives: the NTIA's State Broadband Initiative,33. In 2008, the Broadband Data Improvement Act (P.L. 110-385) directed the Department of Commerce to establish a state broadband data and development grant program, and to use the data gathered by the states to create a broadband inventory map. The NTIA's State Broadband Initiative,29 which was funded by the American Recovery and Reinvestment Act of 2009 (ARRA) and, P.L. 111-5), was used to develop the previousfirst National Broadband Map; and the FCC's Form 477 Data Program, which is used to populate and update the current National Broadband Map.34
One of the major criticisms of the FCC's Form 477 National Broadband Map is that broadband availability can be overstated because fixed broadband deployment data are collected at the census block level.31 A census block is considered served if there is broadband service (or the strong potential of broadband service) to one or more locations. This ismay be especially problematic in rural areas, which have large census blocks and may be considered served if, for example, a single neighborhood in that large census block has broadband service.
On August 3, 2017, the FCC adopted a Further Notice of Proposed Rulemaking to explore ways "to improve the quality, accuracy, and usefulness of the data it collects on fixed and mobile voice and broadband service," while at the same time examining how it can "reduce burdens on industry by eliminating unnecessary or onerous data filing requirements."35
The Administration requested $50 million for broadband mapping in FY2018. The 32
The Consolidated Appropriations Act, 2018 (P.L. 115-141), appropriated $7.5 million to NTIA to update the national broadband availability map in coordination with the FCC and using partnerships previously developed with the states. For FY2019, the House and Senate appropriations committees would provideThe Consolidated Appropriations Act, 2019 (P.L. 116-6), provided an additional $7.5 million to NTIA for broadband mappingto maintain the national broadband availability map.
On May 30, 2018, NTIA issued a Request for Comments on actions it should take to improve the quality and accuracy of broadband availability data.3633 NTIA received comments3734 on the following issues: identifying additional broadband availability data; technology type, service areas, and bandwidth associated with such data; new approaches, tools, technologies, or methodologies to capture broadband availability data; validating broadband availability data; and identifying gaps in broadband availability. On October 25, 2018, NTIA issued a notice for public comment regarding its intention to collect broadband availability data at a more granular level than what the FCC currently collects.38
As mandated by the American Recovery and Reinvestment Act of 2009 (ARRA), on March 16, 2010, the FCC released its report, Connecting America: The National Broadband Plan.39 The National Broadband Plan (NBP) sought to "create a high-performance America," which the FCC defined as "a more productive, creative, efficient America in which affordable broadband is available everywhere and everyone has the means and skills to use valuable broadband applications."40 In order to achieve this mission, the NBP recommended that the country set six goals for 2020
The National Broadband Plan was categorized into three parts
On February 12, 2019, NTIA announced that California, Maine, Massachusetts, Minnesota, North Carolina, Tennessee, Utah, and West Virginia are eight pilot states that will contribute data and other inputs to the map. NTIA is also expected to seek participation from additional states.36 With the conclusion of grant and loan awards established by the American Recovery and Reinvestment Act of 2009 (P.L. 111-5),44 there remain35
under the Federal Communications Commission (FCC)administered by the FCC, and the broadband and telecommunications programs atof the Rural Utilities Service (RUS) of the U.S. Department of Agriculture.
A number of federal programs provide subsidies to expand broadband. In June 2017, the National Telecommunications and Information Administration (NTIA) released an updated comprehensive Guide to Federal Funding of Broadband Projects.4537 The guide provides summary and contact information for a variety of federal programs that may fund projects involving broadband infrastructure, adoption, access, planning, or research.46
Since its creation in 1934, the Federal Communications Commission (FCC) has been tasked with "mak[ing] available, so far as possible, to all the people of the United States ... a rapid, efficient, Nation-wide, and world-wide wire and radio communications service with adequate facilities at reasonable charges."4839 This mandate led to the development of what has come to be known as the universal service concept.
The universal service concept, as originally designed in the Communications Act of 1934, called for the establishment of policies to ensure that telecommunications services are available to all Americans, including those in rural, insular, and high cost areas, by ensuring that rates remain affordable. Over the years this concept has evolved and expanded, fostering the development of various FCC policies and programs that target both providers of and subscribers to telecommunications and, more recently, broadband services. Passage of theThe Telecommunications Act of 1996 (P.L. 104-104) codified the long-standing commitment by U.S. policymakers to ensure universal service in the provision of telecommunications services, and directed the FCC to establishthe FCC established, in 1997, a federal Universal Service Fund (USF) to meet the expanded objectives and principles contained in the act. TheEstablished in 1997, the USF is administered by the Universal Service Administrative Company (USAC), an independent not-for-profit organization, under the direction of the FCC. The USF is being transformed in stages, over a multiyear period, from a mechanism to support voice telecommunications services to one that supports the deployment, adoption, and utilization of both fixed and mobile broadband. The USF currently administers four programs: the High Cost/Connect America Fund Program, the Schools and Libraries Program, the Rural Health Care Program, and the Low Income Program. The USF disbursed $8.8 billion in 2017currently consists of four programs: the High Cost/Connect America Fund Program, the Schools and Libraries Program, the Rural Health Care Program, and the Low Income Program.
Funding for the USF comes from telecommunications carriers that provide interstate service and certain other providers of telecommunications services and is based on a percentage of their end-user interstate and international telecommunications revenues; the USF receives no federal revenues. Carriers may, but are not required to, pass these charges directly to their subscribers. The USAC disbursed approximately $8.5 billion from the USF in 2018 with all 50 states, the District of Columbia, and all territories receiving some benefit.4940
One of the major policy debates surrounding universal service in the last decade was whether access to advanced telecommunications services (i.e., broadband) should be incorporated into universal service objectives. The 1996 Telecommunications Act taskedauthorized the federal-state Joint Board41 and tasked it with defining the services which should be included in the definition of services to be eligible for universal service support. The Joint Board's recommendation, which was adopted by the FCC in May 1997, largely limited the definition to voice telecommunications services. Some policymakers expressed concern that the FCC-adopted definition was too limited and did not take into account the importance and growing acceptance of advanced services such as broadband and internet access. They pointed to a number of provisions contained in the universal service principles of the 1996 act to support their claim. Universal service principlesSpecifically, the universal service principle contained in Section 254(b)(2) statestates that "Access to advanced telecommunications services should be provided to all regions of the Nation." The subsequent principle (b)(3) calls for consumers in all regions of the nation, including "low-income" and those in "rural, insular, and high cost areas," to have access to telecommunications and information services including "advanced services" at a comparable level and a comparable rate charged for similar services in urban areas. Such provisions, they state, dictate that the FCC expand its universal service definition.
The 1996 act does take into consideration the changing nature of the telecommunications sector and allows, if future conditions warrant, for the modification of the universal service definition. Section 254(c) of the act states that "universal service is an evolving level of telecommunications services" and that the FCC is tasked with "periodically" reevaluating this definition "taking into account advances in telecommunications and information technologies and services." Furthermore, the Joint Board is given specific authorityspecifically authorized to recommend "from time to time" to the FCC modificationmodifications in the definition of the services to be included for federal universal service support. The Joint Board, on November 19, 2007,In November 2007, the Joint Board concluded such an inquiry and recommended that the FCC change the mix of services eligible for universal support. The Joint Board recommended, among other things, that "the universal availability of broadband Internet services" be included in the nation's communications goals and hence be supported by federal universal service funds.5042
This debate The debate over whether to include broadband service was put to rest when provisions contained in the American Recovery and Reinvestment Act of 2009 (ARRA) called for the FCC to develop, and submit to Congress, a national broadband plan to ensure that every American has "access to broadband capability."51 The FCC in43 In its national broadband plan, Connecting America: the National Broadband Plan, the FCC recommended that access to and adoption of broadband be a national goal. Furthermore, the national broadband plan proposed that the Universal Service Fund be restructured to become a vehicle to help reach this goal. The FCC, in an October 2011 decision, adopted an Order that calls for the USF to be transformed, in stages, over a multiyear period, from a mechanism to support voice telephone service to one that supports the deployment, adoption, and utilization of both fixed and mobile broadband. This transformation includes the phaseout of the USF's legacy High Cost Program and the creation of a new fund, the Connect America Fund, to replace it, as well as an expansion and modification of the Schools and Libraries, Rural Health Care, and Low Income programs.52
Historically the High Cost Program provided support for eligible telecommunications carriers to help offset the higher-than-average costs of providing voice telephone service in rural, insular, or other high cost areas. This mechanism has been the largest USF program based on disbursements and has been particularly important to rural areas due to the lack of subscriber density often combined with higher costs. The High Cost Program is undergoing a transition from one that primarily supports voice communications to one that supports a broadband platform that enables multiple applications, including voice. The High Cost programProgram is being phased out in stages and is being replaced by the Connect America Fund (CAF), which will support the provision of affordable voice and broadband services, both fixed and mobile, in high cost areas. The CAF willis designed to eventually replace all of the existing support mechanisms in the High Cost Program,45 and it contains a Mobility Fund and a Remote Areas Fund to help meet these needs. According to data released by program administratorsUSAC, approximately $4.6784 billion in funding was disbursed under the High Cost Program in 2018.46in 2017.53
Congress, through the 1996 act, not only codified, but also expanded the concept of universal service to include, among other principles, that elementary and secondary schools and classrooms, libraries, and rural health care providers have access to telecommunications services for specific purposes at discounted rates. (See §§254(b)(6) and 254(h) of the 1996 Telecommunications Act, 47 U.S.C. 254.)
1. The Schools and Libraries (E-Rate) Program. Under universal service provisions contained in the 1996 act, elementary and secondary schools and classrooms and libraries are designated as beneficiaries of universal service discounts. Universal service principles detailed in Section 254(b)(6) state that "Elementary and secondary schools and classrooms ... and libraries should have access to advanced telecommunications services." The act further requires in Section 254(h)(1)(B) that services within the definition of universal service be provided to elementary and secondary schools and libraries for education purposes at discounts, that is at "rates less than the amounts charged for similar services to other parties."
The FCC established the Schools and Libraries Division within USAC to administer the schools and libraries or "E (education)-rate" program to comply with these provisions. Under this program, eligible schools and libraries receive discounts ranging from 20% to 90% for telecommunications services depending on the poverty level of the school's (or school district's) population and its location in a high cost (i.e., rural) telecommunications area. Two categories of services are eligible for discounts: category one services (telecommunications, telecommunications services, and internet access), and category two services that deliver internet access within schools and libraries (internal connections, basic maintenance of internal connections, and managed internal broadband services). The funding cap for funding year 2018 (July 1, 2018, to June 30, 2019) is $4.1 billion. According to data released by program administratorsUSAC, approximately $2.6218 billion in funding was disbursed under the E-Rate Program in 2018.47in 2017.54
2. The Rural Health Care (RHC) Program. Section 254(h) of the 1996 act requires that public and nonprofit rural health care providers have access to telecommunications services necessary for the provision of health care services at rates comparable to those paid for similar services in urban areas. Subsection 254(h)(1) further specifies that "to the extent technically feasible and economically reasonable" health care providers should have access to advanced telecommunications and information services. The FCC established the Rural Health Care Division (RHCD) within USAC to administer the universal support program to comply with these provisions. The Rural Health Care Program provides funding through three programs: the Telecommunications Program, the Healthcare Connect Fund, and the rural Health Care Pilot Program. The goal of these programsgoal of the RHC Program is to improve the quality of health care for those living in rural areas by ensuring access to broadband and telecommunications services. Under FCC established rules, only public or nonprofit health care providers are eligible to receive funding.
The Telecommunications Program, established in 1997, provides discounts for telecommunications services to ensure that eligible rural health care providers pay no more than urban providers for telecommunications services. The primary use of the funding is to provide reduced rates for telecommunications and information services necessary for the provision of health care.55
The Rural Health Care Pilot Program was established in 2006 to help public and nonprofit health care providers build state- and region-wide broadband networks dedicated to the provision of health care services. The program provides funding up to 85% of eligible costs. No new funding is available under this program and current participants that need additional support will transfer to the most recently created program, the Healthcare Connect Fund.
The FCC in December 2012
In December 2012, the FCC created the Healthcare Connect Fund,5650 a program to expand health care provider access to broadband, particularly in rural areas, and replace the previously established Rural Health Care Pilot Program with a permanent program.51 The Healthcare Connect Fund program supports high-capacity broadband connectivity and encourages the development of state and regional networks. This program provides a 65% discount on eligible expenses related to broadband connectivity and is available to individual rural health care providers and consortia. Consortia can include nonrural providers, but at least 50% of providers must be located in a rural area.
The total annual funding cap for all of the above mentioned USF rural health care programs is $400 million.57 According to data released by program administratorsUSAC, approximately $261.5296.8 million was disbursed under the Rural Health Care Program in 2018.52in 2017.58
As initially designed, the Low Income Program provided a discount for voice telephony service for eligible low-income consumers. The major program has two subprograms, Lifeline and Link Up,5953 with the Lifeline Program providing the vast majority of support. In March 2016, the FCC adopted an Order to expand the Lifeline Program to support mobile and fixed broadband internet access services on a stand-alone basis, or with a bundled voice service.60 Households must meet a needs-based criteria for eligibility. The Lifeline Program provides assistance tofor only one line per eligible household (either wired or wireless), in the form of a monthly subsidy of, in most cases, $9.25.6154 Support is not given directly to the subscriber but to the designated service provider. According to data released by program administratorsUSAC, approximately $1.27 billion was disbursed in 2017.62
Aside from funding, another way the federal government can facilitate broadband deployment is by taking steps to lower or remove regulatory barriers to broadband deployment facing private sector providers. On January 31, 2017, FCC Chairman Ajit Pai announced the formation of a new federal advisory committee, the Broadband Deployment Advisory Committee (BDAC),56 to provide advice and recommendations for the FCC on how to accelerate the deployment of broadband by reducing and/or removing regulatory barriers to infrastructure investment.57 The BDAC is composed of stakeholders, appointed by the FCC chairman, representing industry, states, localities, tribes, academia, and others. Five working groups have been formed; these are Model Code for Municipalities, Model Code for States, Competitive Access to Broadband Infrastructure, Removing State and Local Regulatory Barriers, and Streamlining Federal Siting.58
The FCC has also initiated proceedings and adopted orders addressing the issue of reducing regulatory barriers for the deployment of wireless and wireline broadband.59
RUS implements four programs specifically targeted at providing assistance for broadband connectivity infrastructure deployment in rural areas: the Rural Broadband Access Loan and Loan Guarantee Program (also referred to as the Farm Bill Broadband Loans),60 the Telecommunications Infrastructure Loans and Loan Guarantees (previously the rural telephone loan program dating back to 1949),61 the ReConnect Program (pilot broadband loan and grant program),62 and the Community Connect Grant Program.63 Additionally, RUS houses the Distance Learning and Telemedicine Grant Program, which supports broadband-based distance learning and telemedicine applications.64 The 115th Congress reauthorized and modified, modified and provided funding for RUS broadband programs as part of the 2018 farm bill (P.L. 115-334, Agriculture Improvement Act of 2018Agriculture Improvement Act of 2018, P.L. 115-334). For more information on how the 2018 farm bill addressed RUS broadband programs, see CRS Report RL33816, Broadband Loan and Grant Programs in the USDA's Rural Utilities Service, by Lennard G. Kruger.
On February 17, 2009, President Obama signed P.L. 111-5, the American Recovery and Reinvestment Act (ARRA). Broadband provisions of the ARRA provided a total of $7.2 billion, for broadband grants, loans, and loan/grant combinations. The total consisted of $4.7 billion to NTIA/DOC for a newly established Broadband Technology Opportunities Program (grants) and $2.5 billion to the RUS/USDA Broadband Initiatives Program (grants, loans, and grant/loan combinations).
Regarding the $2.5 billion to RUS/USDA broadband programs, the ARRA specified that at least 75% of the area to be served by a project receiving funds shall be in a rural area without sufficient access to high-speed broadband service to facilitate economic development, as determined by the Secretary of Agriculture. Priority was givenARRA directed the USDA to give priority to projects that provide service to the most rural residents that do not have access to broadband services. Priority was also given to borrowers and former borrowers of rural telephone loans.
Of the $4.7 billion appropriated to NTIA
was released on March 17, 2010.65 Final BTOP and BIP program awards were announced by September 30, 2010. With a few exceptions, all ARRA broadband projects were concluded as of September 30, 2015.66Final BTOP and BIP program awards were announced by September 30, 2010. With a few exceptions, all ARRA broadband projects were concluded as of September 30, 2015.64
On February 12, 2018, the Trump Administration released its Legislative Outline for Rebuilding Infrastructure in America.65 The plan does not dedicate any funding exclusively for broadband, but does include rural broadband among the types of infrastructure projects that would be eligible for funding. Proposed funding streams include the following:
It will be up to Congress to determine the extent to which the Administration infrastructure proposal will be implemented, and how an infrastructure initiative will be legislated. Whether dedicated rural broadband funding should or should not be part of the legislative response will likely be debated.69 Meanwhile, rural broadband was included in the $20 billion carved out for infrastructure in the two-year budget agreement ($10 billion per year for two years) reached between the House and Senate in February 2018 (P.L. 115-123). However, the amount of targeted funding specifically for broadband was not specified.
The Trump Administration's Legislative Outline also contains many recommendations for reducing the costs and improving the time-effectiveness of infrastructure deployment by streamlining permitting regulations and procedures. In the 115th Congress, the House and Senate have considered legislation that would streamline permitting for broadband deployment.70 The FCC has also begun a process to develop recommendations for lowering or removing regulatory barriers to broadband deployment (see section below, "FCC's Broadband Deployment Advisory Committee").
Aside from funding, another way the federal government can facilitate broadband deployment is by taking steps to lower or remove regulatory barriers to broadband deployment facing private sector providers. On January 31, 2017, FCC Chairman Ajit Pai announced the formation of a new federal advisory committee, the Broadband Deployment Advisory Committee (BDAC),71 which will provide advice and recommendations for the FCC on how to accelerate the deployment of broadband by reducing and/or removing regulatory barriers to infrastructure investment.72 The BDAC is composed of stakeholders, appointed by the FCC chairman, representing industry, states, localities, tribes, academia, and others. Five working groups have been formed; these are Model Code for Municipalities, Model Code for States, Competitive Access to Broadband Infrastructure, Removing State and Local Regulatory Barriers, and Streamlining Federal Siting.73
The FCC has also initiated proceedings and adopted orders addressing the issue of reducing regulatory barriers for the deployment of wireless and wireline broadband.74
BroadbandUSA is housed at the Department of Commerce's National Telecommunications and Information Administration (NTIA). Using the expertise gained during administration of the ARRA Broadband Technology Opportunities Program (BTOP), the BroadbandUSA program offers one-to-one technical assistance to communities seeking to plan and implement broadband initiatives. BroadbandUSA willis intended to leverage knowledge of federal funding and its network of contacts to help communities identify and leverage funding opportunities; provide support to communities seeking public-private partnerships; review, analyze, and provide recommendations and guidance associated with community-level reports, studies, and procurements; and provide background information and training to organizations that need assistance navigating the broadband landscape.7567 BroadbandUSA also organizes regional events and workshops bringing together broadband stakeholders and publishes guides and tools76 that can serve as resources for communities seeking to launch broadband initiatives.
Additionally, NTIA serves as cochair of the Broadband Interagency Working Group (BIWG)7769 alongside the Department of Agriculture's Rural Utilities Service (RUS). Through the BIWG, NTIA works with other federal agencies to improve coordination across programs, reduce regulatory barriers to broadband deployment, promote awareness of the importance of federal support for broadband investment and digital inclusion programs, and collect and share information with communities about available federal resources for broadband deployment and digital inclusion efforts. The BIWG was formed in January 2017, in response to the Broadband Opportunity Council Agency's Progress Report, which was a report that described progress on broadband deployment, competition, and adoption as directed by a Presidential Memorandum signed on March 23, 2015.70.78
BroadbandUSA also coordinates the State Broadband Leaders Network (SBLN), which includes state level office representatives involved in broadband efforts. The SBLN shares priorities and best practices; discusses emerging telecommunications policy issues; links states and local jurisdictions to federal agencies and funding sources; and addresses barriers to collaboration across states and agencies.79
Section 1436 of the Fixing America's Surface Transportation Act (FAST Act, P.L. 114-94) authorized a high-speed broadband deployment initiative for the 13-state Appalachian region consisting of $10 million in available broadband grants annually through FY2020. In August 2016, ARC published a Broadband Planning Primer and Toolkit.80
Broadband projects are eligible for funding under the Economic Development Assistance programs of the Economic Development Administration (EDA) in the Department of Commerce. The Explanatory Statement that accompanied the FY2018 Consolidated Appropriations Act (P.L. 115-141) stated that funding provided under EDA's Public Works, Economic Adjustment Assistance, and other programs may be used to support broadband infrastructure projects, and that EDA is encouraged to prioritize unserved areas. The Explanatory Statement directed that "EDA shall submit a report to the Committees within 30 days of the end of fiscal year 2018 describing the number and value of broadband projects supported with fiscal year 2018 funds."81
The Consolidated Appropriations Act, 2018 (P.L. 115-141) contained many broadband-related provisions
To the extent that Congress may consider various options for encouraging broadband deployment and adoption, a key issue is how to strike a balance between providing federal assistance for unserved and underserved areas where the private sector may not be providing acceptable levels of broadband service, while at the same time minimizing any deleterious effects that government intervention in the marketplace may have on competition and private sector investment.
The 116th Congress may address the digital divide issue by considering various approaches to providing support for infrastructure deployment, including support for rural broadband. In addition to loans, loan guarantees, and grants for broadband infrastructure deployment, a wide array of policy instruments are available to policymakers, including universal service reform, tax incentives to encourage private sector deployment, broadband bonds, demand-side incentives (such as assistance to low-income families for purchasing computers), reducing regulatory barriers to broadband deployment, and spectrum policy to spur rollout of wireless broadband services. In assessing federal incentives for broadband deployment, Congress may consider the appropriate mix of broadband deployment incentives to create jobs in the short and long term, the extent to which incentives should target next-generation broadband technologies, and the extent to which unserved and underserved areas with existing broadband providers should receive federal assistance.
Aside from the 2018 farm bill (P.L. 115-334) and annual appropriations legislation, the following broadband-related bills were introduced into the 115th Congress:
Funding and Federal Assistance
H.R. 547 (DeLauro), introduced on January 13, 2017, would have facilitated efficient investments and financing of infrastructure projects (including broadband projects) through the establishment of a National Infrastructure Development Bank. Referred to multiple committees.
H.R. 800 (Huffman), introduced on February 1, 2017, as the New Deal Rural Broadband Act of 2017, would have established an Office of Rural Broadband within USDA; authorize a "Breaking Ground on Rural Broadband Program" to make grants, loans, or loan guarantees to eligible entities for serving rural and underserved areas ($20 billion to remain available until September 30, 2022); establish a Tribal Broadband Assistance Program ($25 million for each of fiscal years 2017 through 2022); establish a broadband grant program to accompany the Rural Broadband Loan program; and modify the Telecommunications Infrastructure Loan program by raising the threshold for an eligible rural area from 5,000 to 20,000 population and by permitting RUS to give preference to loan applications that support regional telecommunications development. Referred to the Committee on Agriculture, and in addition to the Committees on Natural Resources and Energy and Commerce.
H.R. 1139 (Cramer), introduced February 16, 2017, as the Preserving State Commission Oversight Act of 2017, would have amended the Communications Act of 1934 to protect low-income Lifeline subscribers by mandating a continued role for states in designating eligible telecommunications carriers for participation in the Universal Service Program, and for other purposes. Referred to the House Committee on Energy and Commerce.
H.R. 1581 (Ruiz), introduced on March 16, 2017, as the Tribal Digital Access Act of 2017, would have amended the Communications Act of 1934 to add access to telecommunications and information services in Indian country and areas with high populations of Indian people to the universal service principle relating to access to such services in rural, insular, and high cost areas. Referred to the Committee on Energy and Commerce.
H.R. 1591 (Welch), introduced on March 16, 2017, would have directed the FCC to adopt rules and conduct outreach to offer recipients of assistance under the Lifeline Assistance Program mobile devices that are capable of receiving a WiFi signal and are capable of tethering with other WiFi compatible hardware or devices. Referred to the Committee on Energy and Commerce.
H.R. 2479 (Pallone), introduced on May 17, 2017, as the LIFT America Act, would have provided $40 billion over five years to deploy secure and resilient broadband to expand access for communities nationwide while promoting security by design. Three-quarters of this funding will be used to deploy broadband in unserved areas of the country through a national reverse auction. The remaining funds will be given to states to distribute through separate statewide reverse auctions. If there are no unserved areas in a state, the state may use the funding to deploy broadband in underserved areas, to deploy broadband or connective technology to schools and libraries, or to fund the deployment of Next Generation 9-1-1. Requires that grant recipients offer a service tier of 25 Mbps (download)/3Mbps (upload) at $60 per month. Referred to multiple committees.
H.R. 3314 (Polis), introduced on July 19, 2017, as the 100 by '50 Act, would have included broadband grants and loans under a community need-based economic transition assistance program. Referred to multiple committees.
H.R. 3546 (Austin Scott of Georgia), introduced on July 28, 2017, as the End Taxpayer Funded Cell Phones Act of 2017, would have prohibited universal service support of commercial mobile service and commercial mobile data service through the Lifeline program. Referred to the Committee on Energy and Commerce.
H.R. 3621 (Russell), introduced on July 28, 2017, as the Rechecking Eligibility of Applicants to the Lifeline Program to Prevent Losses Yearly Act of 2017 (REAPPLY Act), would have required Lifeline subscribers to reapply for such services on an annual basis. Referred to Committee on Energy and Commerce.
H.R. 3912 (Walorski), introduced on October 2, 2017, as the Move America Act of 2017, would have included rural broadband service infrastructure as eligible for funding under Move America bonds. Referred to the Committee on Ways and Means.
H.R. 3994 (Tonko), introduced on October 6, 2017, as the ACCESS Broadband Act, would have established the Office of Internet Connectivity and Growth within NTIA at the Department of Commerce. Reported by the Committee on Energy and Commerce on July 18, 2018 (H.Rept. 115-841). Passed by House on July 23, 2018.
H.R. 4209 (Larson), introduced on November 1, 2017, as the American Wins Act, would have established a Build America Trust Fund in the Department of the Treasury, which would provide $3 billion to the Department of Commerce to carry out a program to expand access to broadband to communities throughout the United States, with an emphasis on communities unserved by broadband. Referred to multiple committees.
H.R. 4232 (Pocan), introduced on November 2, 2017, as the Broadband Connections for Rural Opportunities Program (BCROP) Act, would have amended Section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) to establish a broadband grant program to accompany the Rural Broadband Loan program. Also would have raised the broadband loan program authorization from $25 million to $50 million. Referred to the Committees on Energy and Commerce and on Agriculture.
H.R. 4287 (Ben Ray Lujan), introduced on November 7, 2017, as the Broadband Infrastructure Finance and Innovation Act of 2017, would have established in the Department of Commerce a broadband infrastructure finance and innovation program to make available loans, loan guarantees, and lines of credit for the construction and deployment of broadband infrastructure. Referred to the Committee on Energy and Commerce.
H.R. 4291 (Stefanik), introduced on November 7, 2017, as the Precision Farming Act, would have utilized Rural Utilities Service loans and loan guarantees under the rural broadband access program to provide broadband service for agricultural producers, and would have provided universal service support for installation charges for broadband service for agricultural producers in order to improve precision farming and ranching. Referred to the Committees on Energy and Commerce and on Agriculture.
H.R. 4308 (Lujan Grisham), introduced on November 8, 2017, as the Rural Broadband Expansion Act, would have authorized the Rural Utility Service's Community Connect broadband grant program at $100 million for each of fiscal years 2019 through 2023. Referred to the Committees on Agriculture and on Energy and Commerce.
H.R. 4677 (Moulton), introduced on December 18, 2017, as the Small Business Broadband and Emerging Information Technology Enhancement Act of 2017, would have improved certain programs of the Small Business Administration to better assist small business customers in accessing broadband technology. Referred to the Committee on Small Business.
H.R. 4817 (Long), introduced on January 17, 2018, as the Promoting Exchanges for Enhanced Routing of Information so Networks are Great Act of 2018 (PEERING Act of 2018), would have directed NTIA to make grants for the establishment or expansion of internet exchange facilities. Referred to the Committee on Energy and Commerce.
H.R. 4832 (Cramer), introduced on January 18, 2018, as the Restoring Economic Strength and Telecommunications Operations by Releasing Expected Dollars Act of 2018 (RESTORED Act of 2018), would have amended the Communications Act of 1934 to clarify that an eligible telecommunications carrier may use high cost universal service support to aid in the restoration of telecommunications capabilities in an area in which the President has declared a major disaster or emergency and may elect to receive an advance payment of such support. Referred to the Committee on Energy and Commerce.
H.R. 4986 (Blackburn), introduced on February 8, 2018, as the Repack Airwaves Yielding Better Access for Users of Modern Services Act of 2018 (RAY BAUM's Act). Reauthorizes FCC. Section 505 would have directed the FCC to promulgate regulations to establish a methodology that shall apply to the collection of mobile service coverage data for the purposes of the Universal Service program. Referred to Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, and Oversight and Government Reform. Reported (amended) by Committee on Energy and Commerce on March 6, 2018 (H.Rept. 115-587). Passed House on March 6, 2018.
H.R. 5016 (Abraham), introduced on February 14, 2018, as the Revitalize Rural America Act, would have directed the Secretary of Transportation to establish a $2.1 billion Revitalize Rural America Grant Program that would fund infrastructure projects, including rural broadband. Referred to Committee on Transportation and Infrastructure, and in addition to the Committee on Energy and Commerce.
H.R. 5172 (O'Halleran), introduced on March 6, 2018, would have assisted Indian tribes in maintaining, expanding, and deploying broadband systems. Referred to the Committee on Agriculture, and in addition to the Committee on Energy and Commerce.
H.R. 5213 (Hartzler), introduced on March 8, 2018, as the Expanding Rural Access to Broadband Act, would have prohibited the Rural Utilities Service from providing assistance for the provision of broadband service with a download speed of less than 25 megabits per second or an upload speed of less than 3 megabits per second, and clarify the broadband loan and loan guarantee authority provided in Section 601 of the Rural Electrification Act of 1936. Referred to the Committee on Agriculture, and in addition to the Committee on Energy and Commerce.
H.R. 5294 (Barletta), introduced on March 15, 2018, as the Treating Barriers to Prosperity Act of 2018, would have authorized the Appalachian Regional Commission to make grants and provide technical assistance to develop relevant infrastructure, including broadband infrastructure that supports the use of telemedicine. Reported by the Committee on Transportation and Infrastructure on June 12, 2018 (H.Rept. 115-749); passed House on June 13, 2018.
H.R. 5318 (Huffman), introduced on March 15, 2018, as the Investing for Tomorrow's Schools Act, would have authorized the Secretary of the Treasury, in consultation with the Secretary of Education, to enter into cooperative agreements with states for the establishment of state infrastructure banks and multistate infrastructure banks for making loans to community learning centers to connect and improve broadband services. Referred to Committee on Education and the Workforce.
H.R. 5497 (Peterson), introduced on April 12, 2018, as the Office of Rural Telecommunications Act, which would have directed the FCC to establish the Office of Rural Telecommunications which would coordinate with RUS, NTIA, and other federal broadband programs. Referred to the Committee on Energy and Commerce.
H.R. 6073 (Cramer), introduced on June 12, 2018, as the RURAL Broadband Act of 2018, would have prohibited USDA from providing broadband loans or grants for projects that overbuild or otherwise duplicate broadband networks operated by another provider that have received universal service support from the FCC or previous broadband assistance from RUS. Referred to the Committee on Agriculture, and in addition to the Committee on Energy and Commerce.
H.R. 6442 (Kilmer), introduced on July 19, 2018, as the Broadband for All Act of 2018, would have amended the Internal Revenue Code of 1986 to provide a tax credit to consumers to reimburse a portion of the cost of broadband infrastructure serving limited broadband districts. Referred to Committee on Ways and Means.
H.R. 6781 (Marino), introduced September 25, 2018, as the Rural Broadband Connectivity Act of 2018, would have provided tax credits for broadband providers. Referred to the Committee on Ways and Means.
S. 277 (Manchin), introduced on February 2, 2017, as the Rural Telecommunications and Broadband Service Act of 2017, would have established a Rural Telecommunications and Broadband Advisory Committee within the Federal Communications Commission. Referred to the Committee on Commerce, Science, and Transportation.
S. 421 (Fischer), introduced February 16, 2017, as the Preserving State Commission Oversight Act of 2017, would have amended the Communications Act of 1934 to protect low-income Lifeline subscribers by mandating a continued role for states in designating eligible telecommunications carriers for participation in the Universal service program, and for other purposes. Referred to the Committee on Commerce, Science, and Transportation.
S. 987 (Merkley), introduced on April 27, 2017, as the 100 by '50 Act, would have included broadband grants and loans under a community need-based economic transition assistance program. Referred to the Committee on Finance.
S. 1229 (Hoeven), introduced on May 25, 2017, as the Move America Act of 2017, would have included rural broadband service infrastructure as eligible for funding under Move America bonds. Referred to the Committee on Finance.
S. 1377 (Wicker), introduced on June 19, 2017, as the Reaching Underserved Rural Areas to Lead Telehealth Act, would have removed the limitation on certain amounts for which large nonrural hospitals may be reimbursed under the Healthcare Connect Fund of the Federal Communications Commission, and for other purposes. Referred to the Committee on Commerce, Science, and Transportation.
S. 1676 (Gillibrand), introduced on July 31, 2017, as the Broadband Connections for Rural Opportunities Program (BCROP) Act, would have amended Section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) to establish a broadband grant program to accompany the Rural Broadband Loan program. Also would have raised the broadband loan program authorization from $25 million to $50 million. Referred to the Committee on Agriculture, Nutrition, and Forestry.
S. 2165 (Sanders), introduced on November 28, 2017, as the Puerto Rico and Virgin Islands Equitable Rebuild Act of 2017, would have provided $300 million in FY2018 to Department of Agriculture and Department of Commerce broadband programs to expand access to, and the quality of, broadband service across Puerto Rico and the Virgin Islands. Referred to the Committee on Finance.
S. 2205 (Heinrich), introduced on December 7, 2017, as the Tribal Connect Act of 2017, would have improved access by Indian tribes to support from the Schools and Libraries Universal Service Support program (E-rate) of the Federal Communications Commission. Referred to the Committee on Indian Affairs.
S. 2654 (Smith), introduced on April 12, 2018, as the Community Connect Grant Program Act of 2018, would have amended the Rural Electrification Act of 1936 to authorize the Community Connect Grant Program at an annual level of $50 million per year. Defines "eligible broadband service" as operating at or above the applicable minimum download and upload speeds established by the FCC in defining the term "advanced telecommunications capability." Referred to Committee on Agriculture, Nutrition, and Forestry.
S. 2955 (Wicker), introduced on May 24, 2018, as the Mobile Accuracy and Precision (MAP) Broadband Act of 2018, would have reformed the Mobility Fund Phase II challenge process conducted by the FCC. Referred to the Committee on Commerce, Science, and Transportation.
S. 2958 (Udall), introduced on May 24, 2018, would have required the FCC to make the provision of Wi-Fi access on school buses eligible for E-rate support. Referred to the Committee on Commerce, Science, and Transportation.
S. 2959 (Hoeven), introduced on May 24, 2018, as the Office of Rural Broadband Act, would have directed the FCC to establish the Office of Rural Broadband which would coordinate broadband efforts between the FCC, RUS, NTIA, and other agencies. Referred to the Committee on Commerce, Science, and Transportation.
S. 2970 (Daines), introduced on May 24, 2018, as the RURAL Broadband Act of 2018, would have prohibited USDA from providing broadband loans or grants for projects that overbuild or otherwise duplicate broadband networks operated by another provider that have received universal service support from the FCC or previous broadband assistance from RUS. Referred to the Committee on Agriculture, Nutrition, and Forestry.
S. 3080 (Murkowski), introduced on June 18, 2018, as the Food Security, Housing, and Sanitation Improvements in Rural, Remote, and Frontier Areas Act of 2018, would have amended the Rural Electrification Act of 1936 to include a satellite project or technology within the definition of broadband service. Referred to the Committee on Agriculture, Nutrition, and Forestry.
S. 3255 (Cruz), introduced on July 23, 2018, as the E-FRONTIER Act, would have prohibited the President or a federal agency from constructing, operating, or offering wholesale or retail services on broadband networks without authorization from Congress. Referred to the Committee on Commerce, Science, and Transportation.
S. 3346 (Cortez Masto), introduced on August 1, 2018, as the ACCESS Broadband Act, would have established the Office of Internet Connectivity and Growth within NTIA at the Department of Commerce. Referred to the Committee on Commerce, Science, and Transportation.
S. 3360 (Wyden), introduced August 21, 2018, as the Broadband Internet for Small Ports Act, would have established priority for small harbors to receive RUS broadband funding. Referred to the Committee on Agriculture, Nutrition, and Forestry.
Broadband Data, Studies, Reports
H.R. 1084 (Kelly of Illinois), introduced on February 15, 2017, as the Today's American Dream Act, would have directed GAO to submit to Congress a report on the efficiency and effectiveness of efforts by federal agencies to expand access to broadband service. Referred to multiple committees.
H.R. 1546 (Loebsack), introduced on March 15, 2017, as the Rural Wireless Access Act of 2017, would have directed the FCC to establish a methodology for the collection by the commission of mobile service coverage data. Referred to the Committee on Energy and Commerce.
H.R. 2903 (McKinley), introduced on June 15, 2017, as the Rural Reasonable and Comparable Wireless Access Act of 2017, would have directed the FCC to promulgate regulations that establish a national standard for determining whether mobile and broadband services available in rural areas are reasonably comparable to those services provided in urban areas. Referred to the Committee on Energy and Commerce.
H.R. 3523 (Young of Alaska), introduced on July 27, 2017, would have required the Comptroller General of the United States to conduct a study and submit a report on filing requirements under the Universal Service Fund programs. Referred to the Committee on Energy and Commerce.
H.R. 3839 (Kelly of Illinois), introduced on September 26, 2017, as the Today's American Dream Act, would have directed GAO to submit to Congress a report on the efficiency and effectiveness of efforts by federal agencies to expand access to broadband service. Referred to multiple committees.
H.R. 3995 (McNerney), introduced on October 10, 2017, as the Improving Broadband Access for Veterans Act of 2017, would have required the FCC to submit to Congress a report on promoting broadband internet access service for veterans. Referred to the Committee on Energy and Commerce.
H.R. 4506 (Torres), introduced on November 30, 2017, as the Jobs for Tribes Act, would have directed GAO to conduct a study assessing a range of federal programs (including broadband and telecommunications programs) available to assist Indian communities with business and economic development. Referred to the Committees on Natural Resources; Foreign Affairs; and Education and the Workforce.
H.R. 4810 (Johnson of Ohio), introduced on January 17, 2018, as the Making Available Plans to Promote Investment in Next Generation Networks without Overbuilding and Waste Act of 2018 (MAPPING NOW Act of 2018), would have directed the Department of Commerce to carry out activities relating to the development and maintenance of a broadband inventory map through NTIA and not through an agreement with any other agency. Referred to the Committee on Energy and Commerce.
H.R. 4876 (Rush), introduced on January 22, 2018, as the Connecting Broadband Deserts Act of 2018, would have amended the Communications Act of 1934 to direct the FCC to conduct an annual inquiry on the availability of advanced telecommunications capability in broadband deserts. Referred to the Committee on Energy and Commerce.
H.R. 4881 (Latta), introduced on January 25, 2018, as the Precision Agriculture Connectivity Act of 2018, would have required the FCC to establish a task force for meeting the connectivity and technology needs of precision agriculture in the United States. Reported by the Committee on Energy and Commerce on July 18, 2018 (H.Rept. 115-837). Passed by House on June 23, 2018.
H.R. 4986 (Blackburn), introduced on February 8, 2018, as the Repack Airwaves Yielding Better Access for Users of Modern Services Act of 2018 (RAY BAUM's Act). Reauthorizes FCC. Section 504 would have directed the FCC to submit a report to Congress on promoting broadband for veterans, in particular low-income veterans and veterans residing in rural areas. Section 508 would have required the FCC to submit a report to Congress evaluating broadband coverage in Indian country and on land held by a Native Corporation pursuant to the Alaska Native Claims Settlement Act; the FCC shall complete a proceeding to address the unserved areas identified in the report. Section 711 would have directed GAO to conduct a study to evaluate the availability of broadband access using unlicensed spectrum and wireless networks in low-income neighborhoods. Referred to Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, and Oversight and Government Reform. Reported (amended) by Committee on Energy and Commerce on March 6, 2018 (H.Rept. 115-587). Passed House on March 6, 2018.
H.R. 5007 (Ruiz), introduced on February 13, 2018, would have directed the FCC to submit to Congress a report evaluating broadband coverage in Indian country and on land held by a Native Corporation and to complete a proceeding to address the unserved areas identified in the report. Referred to the Committee on Energy and Commerce.
H.R. 5213 (Hartzler), introduced on March 8, 2018, as the Expanding Rural Access to Broadband Act, would have required RUS to submit a report to Congress identifying administrative and legislative options for incentivizing private investment by utilizing RUS loan guarantee programs for the purpose of expanding broadband to rural areas; referred to the Committee on Agriculture, and in addition to the Committee on Energy and Commerce.
As mandated by the American Recovery and Reinvestment Act of 2009 (ARRA P.L. 111-5), on March 16, 2010, the FCC released its report, Connecting America: The National Broadband Plan.72 The National Broadband Plan (NBP) sought to "create a high-performance America," which the FCC defined as "a more productive, creative, efficient America in which affordable broadband is available everywhere and everyone has the means and skills to use valuable broadband applications."73 In order to achieve this mission, the NBP recommended that the country set six goals for 2020: The National Broadband Plan was categorized into three parts Section 1436 of the Fixing America's Surface Transportation Act (FAST Act, P.L. 114-94) authorized a high-speed broadband deployment initiative for the 13-state Appalachian region consisting of $10 million in available broadband grants annually through FY2020. In August 2016, ARC published a Broadband Planning Primer and Toolkit.77 Broadband projects are eligible for funding under the Economic Development Assistance programs of the Economic Development Administration (EDA) in the Department of Commerce. The Explanatory Statement that accompanied the FY2018 Consolidated Appropriations Act (P.L. 115-141) stated that funding provided under EDA's Public Works, Economic Adjustment Assistance, and other programs may be used to support broadband infrastructure projects, and that EDA is encouraged to prioritize unserved areas.78 On February 12, 2018, the Trump Administration released its Legislative Outline for Rebuilding Infrastructure in America.79 The plan did not dedicate any funding exclusively for broadband, but did include rural broadband among the types of infrastructure projects that would be eligible for funding. Proposed funding amounts include the following: The Consolidated Appropriations Act, 2019 (P.L. 116-6) contains the following provisions related to the Reconnect Program and the NTIA broadband mapping and data initiative: The Consolidated Appropriations Act, 2018 (P.L. 115-141) contained many new broadband-related provisions: The 115th Congress did not enact legislation to implement a comprehensive infrastructure package. Rural broadband was included in the $20 billion ($10 billion per year for two years) carved out for infrastructure in the two-year budget agreement reached between the House and Senate in February 2018 (P.L. 115-123). However, Congress did not specify the amount of funding targeted specifically for broadband. The Trump Administration's Legislative Outline also contained many recommendations intended to reduce the costs and improve the time-effectiveness of infrastructure deployment by streamlining permitting regulations and procedures. In the 115th Congress, the House and Senate enacted legislation to streamline permitting for broadband deployment.86 The FCC also began a process to develop recommendations for lowering or removing regulatory barriers to broadband deployment. To the extent that Congress may consider various options for encouraging broadband deployment and adoption, a key issue may be how to strike a balance between providing federal assistance for unserved and underserved areas where the private sector may not be providing acceptable levels of broadband service, as determined by Congress and the FCC, while minimizing any effects that government intervention in the marketplace may have on competition and private sector investment. The 116th Congress has a wide variety of options for oversight and legislation to address the digital divide. Congress could contemplate various approaches to providing support, through vehicles like appropriations or hearings, for broadband infrastructure deployment. This may include support for rural broadband—such as subsidies, loans, loan guarantees, and grants. Additionally, a wide array of policy instruments including tax incentives to encourage private sector deployment, broadband bonds, demand-side incentives (such as assistance to low-income families for purchasing computers), reducing regulatory barriers to broadband deployment, and spectrum policy to spur rollout of wireless broadband services could be considered. Aside from the annual appropriations legislation, the following are selected broadband-related bills introduced into the 116th Congress. Federal Funding, Incentives, and Coordination H.R. 427 (Collins), introduced on January 10, 2019, as the Connect America Fund Accountability Act of 2019, would amend Section 254 of the Communications Act of 1934 to provide reporting requirements for recipients of funds that provide access in rural and high cost areas. Referred to the Subcommittee on Communications and Technology. H.R. 658 (DeLauro), introduced on January 17, 2019, as the National Infrastructure Development Bank Act of 2019, would facilitate efficient investments and financing of infrastructure projects (including broadband projects) through the establishment of a National Infrastructure Development Bank. Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management. H.R. 711 (Young), introduced on January 22, 2019, would require GAO to conduct a study and submit a report on filing requirements under the Universal Service Fund programs. Referred to the Subcommittee on Communications and Technology. H.R. 1328 (Tonko), introduced on February 25, 2019, as the ACCESS Broadband Act, would establish the Office of Internet Connectivity and Growth within NTIA at the Department of Commerce. The Office would provide outreach to communities seeking improved broadband connectivity and digital inclusion; track federal broadband dollars; and facilitate streamlined and standardized applications for federal broadband programs. Referred to the Committee on Energy and Commerce. Passed by the House on May 8, 2019. H.R. 1508 (Blumenauer), introduced on March 5, 2019, as the Move America Act of 2019, would amend the Internal Revenue Code of 1986 to provide for bonds and credits to finance infrastructure, including rural broadband service infrastructure. Referred to the Committee on Ways and Means. H.R. 1586 (Butterfield), introduced on March 7, 2019, as the BRIDGE Act, would establish a digital network technology program within NTIA which would award grants, cooperative agreements, and contracts to eligible institutions to assist such institutions in acquiring, and augmenting use by such institutions of, broadband internet access service to improve the quality and delivery of educational services provided by such institutions. Referred to the Committee on Energy and Commerce and the Committee on Education and Labor. H.R. 1693 (Luján), introduced on March 12, 2019, would require the FCC to make the provision of Wi-Fi access on school buses eligible for E-rate support. Referred to the Committee on Energy and Commerce. H.R. 2228 (Butterfield), introduced on April 10, 2019, would offer persistent poverty counties and political subdivisions of such counties the opportunity to have their rural development loans (including broadband and telecommunications loans) restructured. Referred to the Subcommittee on Commodity Exchanges, Energy, and Credit. H.R. 2601 (Peterson), introduced on May 8, 2019, as the Office of Rural Telecommunications Act, would direct the FCC to establish the Office of Rural Telecommunications which would coordinate with RUS, NTIA, and other federal broadband programs. Referred to the Committee on Energy and Commerce. H.R. 2661 (Tipton), introduced on May 10, 2019, as the RURAL Broadband Act of 2019, would amend the Rural Electrification Act of 1936 to restrict the use of RUS grants or loans to deploy broadband infrastructure that overbuild or otherwise duplicate existing broadband networks. Referred to the Subcommittee on Commodity Exchanges, Energy, and Credit. H.R. 2741 (Pallone), introduced on May 15, 2019, as the LIFT America Act, would provide (Title I, Subtitle A) $40 billion to the FCC to establish a reverse auction nationally and by states that would fund broadband infrastructure deployment in unserved and underserved areas. Referred to the Subcommittee for Indigenous Peoples of the United States. H.R. 2921 (Kilmer), introduced on May 22, 2019, as the Broadband for All Act, would amend the Internal Revenue Code of 1986 to provide a tax credit to consumers to reimburse a portion of the cost of broadband infrastructure serving limited broadband districts. Referred to the Committee on Ways and Means. H.R. 2929 (Mullin), introduced on May 22, 2019, as the Rural Broadband Network Advancement Act of 2019, would direct the FCC to promulgate a rule that would require edge providers transporting data across high cost rural networks to pay a network user fee to support broadband deployment in high cost rural areas. Referred to the Committee on Energy and Commerce. H.R. 3278 (Loebsack), introduced on June 13, 2019, as the Connect America Act of 2019, would amend the Communications Act of 1934 to provide for the establishment of a program to expand access to broadband. Referred to the House Committee on Energy and Commerce. H.R. 4127 (Luján), introduced on July 30, 2019, as the Broadband Infrastructure Finance and Innovation Act of 2019, would establish a broadband infrastructure finance and innovation program to make available loans, loan guarantees, and lines of credit for the construction and deployment of broadband infrastructure. Referred to the House Committee on Energy and Commerce. H.R. 4283 (Pence), introduced on September 11, 2019, as the Broadband Interagency Coordination Act of 2019, would require federal agencies with jurisdiction over broadband deployment to enter into an interagency agreement related to certain types of funding for broadband deployment. Referred to the Committee on Energy and Commerce and Committee on Agriculture. H.R. 4641 (Delgado), introduced on October 11, 2019, as the Broadband Speed Act, would require the FCC to establish an annual reporting requirement in which each provider of broadband service submits a report on broadband speed data based on a reasonable sample that is captured to demonstrate that the provider is capable of performing at the speed reported; establish a fine for any provider that is found to have willfully or knowingly provided false data about the speeds offered; and incorporate any other requirements issued by the FCC related to reporting on broadband speed data to minimize duplication. Referred to the Committee on Energy and Commerce. S. 146 (Hoeven), introduced on January 16, 2019, as the Move America Act of 2019, would amend the Internal Revenue Code of 1986 to provide for bonds and credits to finance infrastructure, including rural broadband service infrastructure. Referred to the Committee on Finance. S. 161 (Sullivan), introduced on January 16, 2019, would require GAO to conduct a study and submit a report on filing requirements under the Universal Service Fund programs. Referred to the Committee on Commerce, Science, and Transportation. S. 454 (Cramer), introduced on February 12, 2019, as the Office of Rural Broadband Act, would establish an Office of Rural Broadband within the FCC that would coordinate with RUS/USDA, NTIA, and other FCC broadband-related activities. Referred to the Committee on Commerce, Science, and Transportation.S. 645 (Klobuchar), introduced on March 15, 2017, as the Measuring the Economic Impact of Broadband Act of 2018, would have required the Secretary of Commerce to conduct an assessment and analysis of the effects of the digital economy on the economy of the United States. Referred to the 71
The National Broadband Plan
Other Federal Programs and Initiatives
Appalachian Regional Commission
116th Congress
In the 116th Congress, numerous broadband bills have been introduced (see the Appendix). Broadband is included in a comprehensive infrastructure bill in the House and may also be considered as part of a comprehensive infrastructure package that may be proposed by the Administration. On May 15, 2019, Representative Pallone, Chairman of the House Energy and Commerce Committee, introduced the Leading Infrastructure for Tomorrow's America Act (LIFT America Act, H.R. 2741).83 Title I, Subtitle A, would provide $40 billion to the FCC to establish a reverse auction, nationally and by states, that would fund broadband infrastructure deployment in unserved and underserved areas. Title I, Subtitle C, the Broadband Infrastructure Finance and Innovation Act of 2019 (BIFIA), would provide $5 billion to NTIA to make available secured loans, loan guarantees, and lines of credit for the construction and deployment of broadband infrastructure.
115th Congress
Committee on Commerce, Science, and Transportation; reported by the Committee on October 2, 2018 (S.Rept. 115-341). Passed Senate with an amendment by Unanimous Consent on December 13, 2018.
S. 875 (Sullivan), introduced on April 6, 2017, would have required the Comptroller General of the United States to conduct a study and submit a report on filing requirements under the Universal Service Fund programs. Referred to the Committee on Commerce, Science, and Transportation and ordered to be reported with an amendment in the nature of a substitute favorably (S.Rept. 115-192).
S. 1104 (Manchin), introduced on May 11, 2017, as the Rural Wireless Access Act of 2017, would have required the FCC to establish a methodology for the collection by the commission of information about commercial mobile service and commercial mobile data service. Referred to the Committee on Commerce, Science, and Transportation.
S. 1116 (Hoeven), introduced on May 11, 2017, as the Indian Community Economic Enhancement Act of 2017, would have directed GAO to conduct a study assessing a range of federal programs (including broadband and telecommunications programs) available to assist Indian communities with business and economic development. Referred to the Committee on Senate Indian Affairs; reported by Committee on October 17, 2017 (S.Rept. 115-174).
S. 1621 (Wicker), introduced on July 24, 2017, as the Rural Wireless Access Act of 2017, would have required the FCC to establish a methodology for the collection by the commission of information about commercial mobile service and commercial mobile data service. Referred to the Committee on Commerce, Science, and Transportation. Reported by the Committee on February 7, 2018 (S.Rept. 115-206).
S. 1950 (Blumenthal), introduced on October 5, 2017, as the Improving Broadband Access for Veterans Act of 2017, would have required the FCC to submit to Congress a report on promoting broadband internet access service for veterans. Referred to the Committee on Commerce, Science, and Transportation.
S. 2343 (Wicker), introduced on January 25, 2018, as the Precision Agriculture Connectivity Act of 2018, would have required the FCC to establish a task force for meeting the connectivity and technology needs of precision agriculture in the United States. Referred to the committee on Commerce, Science, and Transportation; reported by Committee on October 2, 2018 (S.Rept. 115-342). Passed in Senate with an amendment by Unanimous Consent on December 6, 2018.
S. 2418 (Hassan), introduced on February 13, 2018, as the Rural Reasonable and Comparable Wireless Access Act of 2017, would have directed the FCC to promulgate regulations that establish a national standard for determining whether mobile and broadband services available in rural areas are reasonably comparable to those services provided in urban areas. Referred to the Committee on Commerce, Science, and Transportation; ordered to be reported with an amendment on May 22, 2018.
Spectrum for Wireless Broadband
H.R. 686 (Paulsen), introduced on January 24, 2017, as the DIGIT Act, would have ensured appropriate spectrum planning and interagency coordination to support the Internet of Things. Referred to the Committee on Energy and Commerce.
H.R. 1814 (Kinzinger), introduced on March 30, 2017, would have encouraged spectrum licensees to make unused spectrum available for use by rural and smaller carriers in order to expand wireless coverage. Referred to the Committee on Energy and Commerce.
H.R. 1888 (Guthrie), introduced on April 4, 2017, as the Federal Spectrum Incentive Act of 2017, would have amended the National Telecommunications and Information Administration Organization Act to provide incentives for the reallocation of federal government spectrum for commercial use. Referred to the Committee on Energy and Commerce, and in addition to the Committee on Armed Services.
H.R. 4109 (Guthrie), introduced on October 24, 2017, as the Spectrum Auction Deposits Act of 2017, would have amended the Communications Act of 1934 to provide for the deposits of bidders in auctions of spectrum frequencies to be deposited in the Treasury. Referred to the Committee on Energy and Commerce.
H.R. 4813 (Costello of Pennsylvania), introduced on January 17, 2018, as the Wireless Internet Focus on Innovation in Spectrum Technology for Unlicensed Deployment Act (WIFI STUDy Act), would have directed GAO to conduct a study to evaluate the role of unlicensed spectrum in offloading broadband traffic. Referred to the Committee on Energy and Commerce.
H.R. 4986 (Blackburn), introduced on February 8, 2018, as the Repack Airwaves Yielding Better Access for Users of Modern Services Act of 2018 (RAY BAUM's Act). Reauthorizes FCC. Section 101 would have amended the Communications Act of 1934 to provide for the deposits of bidders in auctions of spectrum frequencies to be deposited in the Treasury. Title VII (MOBILE Now) would make more spectrum available for wireless broadband. Referred to Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, and Oversight and Government Reform. Reported (amended) by Committee on Energy and Commerce on March 6, 2018 (H.Rept. 115-587). Passed House on March 6, 2018.
H.R. 4953 (Lance), introduced on February 6, 2018, as the AIRWAVES Act, would have facilitated a national pipeline of spectrum for commercial use. Referred to the Committee on Energy and Commerce.
H.R. 6017 (Guthrie), introduced on June 6, 2018, as the SPECTRUM NOW Act, would have amended the National Telecommunications and Information Administration Organization Act to provide for necessary payments from the Spectrum Relocation Fund for costs of spectrum research and development and planning activities. Referred to the Committee on Energy and Commerce.
S. 19 (Thune), introduced on June 3, 2017, as the MOBILE Now Act, would have made more spectrum available for wireless broadband, facilitate broadband infrastructure deployment on federal lands, establish a national broadband facilities asset database, and encourage consultation between telecommunications providers and state highway authorities receiving federal highway money. Reported (S.Rept. 115-4) by the Committee on March 21, 2017. Passed Senate on August 3, 2017.
S. 88 (Fischer), introduced on January 10, 2017, as the DIGIT Act, would have ensured appropriate spectrum planning and interagency coordination to support the Internet of Things. Referred to the Committee on Commerce, Science, and Transportation. Reported (S.Rept. 115-90) by the Committee on June 5, 2017. Passed Senate on August 3, 2017.
S. 1682 (Gardner), introduced on August 1, 2017, as the AIRWAVES Act, would have facilitated a national pipeline of spectrum for commercial use, including wireless broadband internet access. Referred to the Committee on Commerce, Science, and Transportation.
S. 3010 (Wicker), introduced on June 6, 2018, as the SPECTRUM NOW Act, would have amended the National Telecommunications and Information Administration Organization Act to provide for necessary payments from the Spectrum Relocation Fund for costs of spectrum research and development and planning activities. Referred to the Committee on Commerce, Science, and Transportation.
S. 3347 (Markey), introduced on August 1, 2018, a bill to repeal the section of the Middle Class Tax Relief and Job Creation Act of 2012 that requires the Federal Communications Commission to reallocate and auction the T-Band spectrum. Referred to the Committee on Commerce, Science, and Transportation.
Addressing Barriers to Broadband Deployment
H.R. 800 (Huffman), introduced on February 1, 2017, as the New Deal Rural Broadband Act of 2017, includes language that would have directed USDA to establish and maintain an inventory of any real property that is owned, leased, or otherwise managed by the federal government on which a broadband facility could be constructed, as determined by the Under Secretary for Rural Broadband Initiatives. Referred to the Committee on Agriculture, and in addition to the Committees on Natural Resources and Energy and Commerce.
H.R. 2425 (Huffman), introduced on May 17, 2017, as the Public Lands Telecommunications Act, would have supported the establishment and improvement of communications sites on or adjacent to federal lands under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture through the retention and use of rental fees associated with such sites. Referred to the Committee on Natural Resources and in addition to the Committee on Agriculture. Ordered to be reported (amended) by the Committee on Natural Resources on June 27, 2017.
H.R. 2870 (Collins), introduced on June 12, 2017, as the Gigabit Opportunity Act, would have provided tax incentives for low-income communities in states that adopt Uniform Model Broadband Deployment laws developed by FCC and that have been designated by state as gigabit opportunity zones. Referred to the Committees on Energy and Commerce and Ways and Means.
H.R. 4682 (Blackburn), introduced on December 19, 2017, as the Open Internet Preservation Act, would have amended the Communications Act of 1934 to ensure internet openness, to prohibit blocking of lawful content, applications, services, and nonharmful devices, to prohibit impairment or degradation of lawful internet traffic, to limit the authority of the FCC and to preempt state law with respect to internet openness obligations, to provide that broadband internet access service shall be considered to be an information service. Referred to the Committee on Energy and Commerce. Reported (amended) by Committee on Energy and Commerce on March 6, 2018 (H.Rept. 115-587). Passed House on March 6, 2018.
H.R. 4795 (Walters of California), introduced on January 16, 2018, as the Communications Facilities Deployment on Federal Property Act of 2018, would have streamlined communications facilities deployment on federal property. Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Energy and Commerce.
H.R. 4800 (Eshoo), introduced on January 17, 2018, as the Broadband Conduit Deployment Act of 2018, would have provided for the inclusion of broadband conduit installation in certain highway construction projects. Referred to the Committee on Transportation and Infrastructure.
H.R. 4802 (Kinzinger), introduced on January 16, 2018, as the Streamlining and Expediting Approval for Communications Technologies Act, would have tracked applications to locate or modify communications facilities on federal real property. Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Oversight and Government Reform, and Energy and Commerce.
H.R. 4814 (Eshoo), introduced on January 17, 2018, as the Community Broadband Act of 2018, would have amended the Telecommunications Act of 1996 to preserve and protect the ability of local governments to provide broadband capability and services. Referred to the Committee on Energy and Commerce.
H.R. 4824 (Curtis), introduced on January 18, 2018, as the Rural Broadband Permitting Efficiency Act of 2018, would have allowed certain state permitting authority to encourage expansion of broadband service to rural communities. Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture; reported by Committee on Natural Resources on August 3, 2018 (H.Rept. 115-881). Passed by House September 12, 2018.
H.R. 4839 (Ben Ray Lujan of New Mexico), introduced on January 18, 2018, as the Broadband Inventory Infrastructure Act of 2018, would have provided for the establishment of an inventory of federal assets to provide information to entities that construct or operate communications facilities or provide communications service. Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Energy and Commerce.
H.R. 4842 (Shimkus), introduced on January 18, 2018, as the Streamlining Permitting to Enable Efficient Deployment of Broadband Infrastructure Act of 2018, would have amended the Communications Act of 1934 to provide that the FCC is not required to perform any review under the National Environmental Policy Act of 1969 or division A of subtitle III of Title 54, United States Code, as a condition of permitting the placement and installation of a communications facility. Referred to the Committee on Energy and Commerce, and in addition to the Committee on Natural Resources.
H.R. 4845 (Olson), introduced on January 19, 2018, as the Connecting Communities Post Disasters Act of 2018, would have provided that the FCC and communications service providers regulated by the FCC shall not be subject to certain provisions of the National Environmental Policy Act of 1969 and the National Historic Preservation Act with respect to the construction, rebuilding, or hardening of communications facilities following a major disaster or an emergency declared by the President. Referred to the Committee on Energy and Commerce, and in addition to the Committee on Natural Resources.
H.R. 4847 (Brooks of Indiana), introduced on January 19, 2018, as the Broadband Deployment Streamlining Act, would have streamlined the process for consideration of applications for the placement of communications facilities on certain federal lands. Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Agriculture, Natural Resources, and Energy and Commerce.
H.R. 4858 (Eshoo), introduced on January 19, 2018, as the Clearing Local Impediments Makes Broadband Open to New Competition and Enhancements (CLIMB ONCE Act), would have clarified Section 224 of the Communications Act of 1934 as not limiting the ability of a state to adopt a one touch make ready policy for pole attachments. Referred to the Committee on Energy and Commerce.
H.J.Res. 131 (Doyle), introduced on March 28, 2018, would have provided for congressional disapproval under Chapter 8 of Title 5, United States Code, of the rule submitted by the FCC relating to "Restoring Internet Freedom." Referred to the Committee on Energy and Commerce.
H.R. 5969 (Pocan), introduced on May 24, 2018, as the Speed Up Broadband Access Act of 2018, would have prohibited the use of federal funds for the provision of broadband service in any State that has in effect a law, regulation, or other requirement that prohibits, limits, places conditions on, or regulates the provision of broadband service by public, cooperative, or nonprofit broadband providers. Referred to the Committee on Energy and Commerce.
H.R. 6393 (Coffman), introduced on July 17, 2018, as the 21st Century Internet Act, would have amended the Communications Act of 1934 to provide for internet openness requirements for broadband internet access service providers. Referred to the Committee on Energy and Commerce.
S. 19 (Thune), introduced on June 3, 2017, as the MOBILE Now Act, would have made more spectrum available for wireless broadband, facilitate broadband infrastructure deployment on federal lands, establish a national broadband facilities asset database, and encourage consultation between telecommunications providers and state highway authorities receiving federal highway money. Reported (S.Rept. 115-4) by the Committee on Commerce, Science, and Transportation on March 21, 2017.
S. 604 (Hatch), introduced on March 9, 2017, as the Highway Rights-of-Way Permitting Efficiency Act of 2017, would have allowed certain state permitting authority to encourage expansion of broadband service to rural communities. Referred to the Committee on Environment and Public Works.
S. 742 (Booker), introduced on March 28, 2017, as the Community Broadband Act of 2017, would have removed state barriers for constructing municipal broadband networks and encourage public-private partnerships. Referred to the Committee on Commerce, Science, and Transportation.
S. 1013 (Moore), introduced on May 3, 2017, as the Gigabit Opportunity Act, would have provided tax incentives for low income communities in states that adopt Uniform Model Broadband Deployment laws developed by FCC and that have been designated by state as gigabit opportunity zones. Referred to the Committee on Finance.
S. 1363 (Heller), introduced on June 15, 2017, as the Rural Broadband Deployment Streamlining Act, would have streamlined the process for broadband facility location applications on Department of Interior and Forest Service land. Referred to the Committee on Energy and Natural Resources.
S. 1988 (Wicker), introduced on October 19, 2017, as the Streamlining Permitting to Enable Efficient Deployment of Broadband Infrastructure Act of 2017 (the SPEED Act), would have streamlined broadband infrastructure permitting on established public rights-of-way. Referred to the Committee on Environment and Public Works.
S. 2381 (Klobuchar), introduced on February 6, 2018, as the Streamlining and Investing in Broadband Infrastructure Act, would have directed the Secretary of Transportation to require that broadband conduits be installed as a part of certain highway construction projects. Referred to the Committee on Environment and Public Works.
S.J.Res. 52 (Markey), introduced on February 27, 2018, would have provided for congressional disapproval under Chapter 8 of Title 5, United States Code, of the rule submitted by the FCC relating to "Restoring Internet Freedom." Passed by Senate on May 16, 2018.
S. 2853 (Thune), introduced on May 16, 2018, to amend the Communications Act of 1934 to ensure internet openness, to prohibit blocking lawful content and nonharmful devices, to prohibit throttling data, to prohibit paid prioritization, to require transparency of network management practices, to provide that broadband shall be considered to be an information service, and to prohibit the commission or a State commission from relying on Section 706 of the Telecommunications Act of 1996 as a grant of authority. Referred to the Committee on Commerce, Science, and Transportation.
S. 3157 (Thune), introduced on June 28, 2018, as the STREAMLINE Small Cell Deployment Act, would have streamlined siting processes for small cell deployment. Referred to the Committee on Commerce, Science, and Transportation.
Author Contact Information
S. 1046 (Cortez Masto), introduced on April 4, 2019, as the ACCESS Broadband Act, would establish the Office of Internet Connectivity and Growth within NTIA at the Department of Commerce. The Office would provide outreach to communities seeking improved broadband connectivity and digital inclusion, track federal broadband dollars, and facilitate streamlined and standardized applications for federal broadband programs. Referred to the Committee on Commerce, Science, and Transportation.
S. 1166 (Blackburn), introduced April 11, 2019, as the Internet Exchange Act of 2019, would direct NTIA to make grants for the establishment or expansion of internet exchange facilities. Referred to the Committee on Commerce, Science, and Transportation.
S. 1167 (Murray), introduced April 11, 2019, as the Digital Equity Act of 2019, would establish an NTIA state-based and competitive grant programs to support national digital inclusion, digital equity, and broadband adoption programs. Referred to the Committee on Commerce, Science, and Transportation.
S. 1294 (Wicker), introduced on May 2, 2019, as the Broadband Interagency Coordination Act of 2019, would require federal agencies with jurisdiction over broadband deployment to enter into an interagency agreement related to certain types of funding for broadband deployment. Referred to the Committee on Commerce, Science, and Transportation.
S. 2018 (Collins), introduced on June 27, 2019, as the American Broadband Buildout Act of 2019, would provide federal matching funding for state-level broadband programs. Referred to the Committee on Commerce, Science, and Transportation.
S. 2344 (Peters), introduced on July 30, 2019 as the Broadband Infrastructure Finance and Innovation Act of 2019, would establish a broadband infrastructure finance and innovation program to make available loans, loan guarantees, and lines of credit for the construction and deployment of broadband infrastructure. Referred to the Committee on Commerce, Science, and Transportation.
S. 2385 (Wyden), introduced on July 31, 2019, as the Broadband Internet for Small Ports Act, would amend the Rural Electrification Act of 1936 to improve access to broadband telecommunications services in rural areas, including by encouraging the provision of broadband loans and grants. Referred to the Committee on Agriculture, Nutrition, and Forestry.
Broadband Data and Mapping, Studies, Reports
H.R. 55 (Rush), introduced on January 3, 2019, as the Connecting Broadband Deserts Act of 2019, would amend the Communications Act of 1934 to direct the FCC to conduct an annual inquiry on the availability of advanced telecommunications capability in broadband deserts. Referred to the Committee on Energy and Commerce.
H.R. 1644 (Doyle), introduced on March 8, 2019, as the Save the Internet Act of 2019, includes provisions that would require GAO to prepare reports on broadband internet access service competition, ways to improve broadband infrastructure in rural areas, challenges to accurate broadband mapping, and on the benefits of standalone broadband. It would require the FCC to engage with tribal communities to address broadband needs, to not release its 706 report until broadband data inaccuracies are corrected, and to submit to Congress a report containing a plan for how the FCC will evaluate and address problems with Form 477 broadband data. Passed by the House on April 10, 2019.
H.R. 2643 (Latta), introduced on May 9, 2019, as the Broadband MAPS Act of 2019, would direct the FCC to establish a challenge process to verify fixed and mobile broadband service coverage data. Referred to the Committee on Energy and Commerce.
H.R. 2741(Pallone), introduced on May 15, 2019, as the LIFT America Act, would provide (Title I, Subtitle A) $40 billion to the FCC to establish a reverse auction nationally and by states that would fund broadband infrastructure deployment in unserved and underserved areas. Referred to the Subcommittee for Indigenous Peoples of the United States.
H.R. 3055 (Serrano), introduced June 3, 2019, as the Commerce, Justice, Science, Agriculture, Rural Development, Food and Drug Administration, Interior, Environment, Military Construction, Veterans Affairs, Transportation, and Housing and Urban Development Appropriations Act, 2020, included two provisions on broadband mapping. One provision would prevent NTIA from using funding to update broadband maps using only Form 477 data and the other would provide $1 million in broadband mapping funding to NTIA. Passed the House and placed on the Senate Legislative Calendar.
H.R. 3162 (McMorris Rodgers), introduced June 6, 2019, as the Broadband Data Improvement Act of 2019, would require the FCC to establish a reporting requirement under which each provider submits accurate and granular information regarding the geographic availability of broadband internet access service provided by the provider and establish a framework for an ongoing challenge process through which a provider or a member of the public may submit information challenging the accuracy of the information reflected on the National Broadband Map. Referred to the House Committee on Energy and Commerce.
H.R. 3676 (Khanna), companion to S. 1289, introduced on July 10, 2019, as the Measuring the Economic Impact of Broadband Act of 2019, would require the Secretary of Commerce to conduct an assessment and analysis of the effects of broadband deployment and adoption on the economy of the United States. Referred to the Committee on Energy and Commerce.
H.R. 3999 (Bergman), introduced on July 25, 2019, as the Rural Broadband Connectivity Act of 2019, would amend the Internal Revenue Code of 1986 to allow for a credit against tax for placing qualified broadband property in service to expand the level of broadband service in a qualified rural census tract. Referred to the House Committee on Ways and Means.
H.R. 4024 (Finkenauer), introduced on July 25, 2019, as the Broadband Transparency and Accountability Act of 2019, would direct the FCC to require an entity to report data that reflects the average speed and characteristics of broadband service. It would also require the FCC to establish a process to use data that is reported by consumers, businesses, and state and local governments to verify the data used in the Broadband Map. Referred to the House Committee on Energy and Commerce.
H.R. 4128 (Luján), introduced on July 30, 2019, as the Map Improvement Act of 2019, would direct the FCC to establish a standardized methodology for collecting and mapping accurate fixed broadband internet service and mobile broadband internet service coverage data. It would also establish an Office of Broadband Data Collection and Mapping within the FCC. Referred to the House Committee on Energy and Commerce.
H.R. 4227 (McEachin), introduced on September 6, 2019, as the Mapping Accuracy Promotes Services Act, would prohibit the submission to the Federal Communications Commission of broadband internet access service coverage information or data for the purposes of compiling an inaccurate broadband coverage map. Referred to the House Committee on Energy and Commerce.
H.R. 4229 (Loebsack), introduced on September 6, 2019, as the Broadband Deployment Accuracy and Technological Availability Act, would require the Federal Communications Commission to issue rules relating to the collection of data with respect to the availability of broadband services. Referred to the House Committee on Energy and Commerce.
H.R. 4642 (Delgado), introduced on October 11, 2019, as the Community Broadband Mapping Act, would allow RUS telecommunications grants to be made for the collection of broadband infrastructure data by local governments, economic development or other community organizations, electric or telephone cooperatives, and small internet providers. Referred to the Subcommittee on Commodity Exchanges, Energy, and Credit.
S. 842 (Klobuchar), introduced on March 14, 2019, as the Improving Broadband Mapping Act of 2019, would require the FCC to establish a process to use coverage data reported by consumers and state, local, and tribal government entities to verify coverage data reported by wireless carriers. Additionally, it would require the FCC to consider other measures, including, but not limited to, an evidence-based challenge process, to help in verifying coverage data reported by providers of both fixed and mobile broadband services. Referred to the Committee on Commerce, Science, and Transportation.
S. 1289 (Klobuchar), introduced on May 2, 2019, as the Measuring the Economic Impact of Broadband Act of 2019, would require the Secretary of Commerce to conduct an assessment and analysis of the effects of broadband deployment and adoption on the economy of the United States. Passed by the Senate without amendment by unanimous consent on June 5, 2019. Received in the House and referred to the House Committee on Energy and Commerce on June 10, 2019.
S. 1485 (Manchin), introduced on May 15, 2019, as the Map Improvement Act of 2019, would require the FCC, in coordination with NTIA, to establish a standardized methodology for collecting and mapping accurate fixed and mobile broadband coverage data. Establishes an Office of Broadband Data Collection and Mapping at the FCC to serve as the central point of collection, aggregation, and validation of data. It would also establish a technical assistance grant program at NTIA to support state and local entities in broadband mapping and assessing broadband adoption and pricing within their communities. Referred to the Committee on Commerce, Science, and Transportation.
S. 1515 (Hassan), introduced on May 16, 2019, would direct the FCC to promulgate regulations that establish a national standard for determining whether mobile and broadband services available in rural areas are reasonably comparable to those services provided in urban areas. Referred to the Committee on Commerce, Science, and Transportation.
S. 1522 (Capito), introduced on May 16, 2019, as the Broadband Data Improvement Act of 2019, would direct the FCC to establish rules that require providers to submit more accurate and granular broadband data; a three-pronged data validation process involving public feedback, third-party commercial datasets, and an on-the-ground field validation process; and a periodic challenge process. It would require the National Broadband Map to be used by federal agencies to identify areas that remain unserved and track where awarded funds have actually resulted in broadband buildout. Referred to the Committee on Commerce, Science, and Transportation.
S. 1822 (Wicker), introduced on June 12, 2019, as the Broadband Deployment Accuracy and Technological Availability (Data) Act, would require the FCC to issue rules to collect more granular broadband coverage data, including a decision on whether to collect verified information from others, including state, local, and tribal governmental entities that are primarily responsible for mapping or tracking broadband internet access service coverage for their respective jurisdictions. Referred to the Committee on Commerce, Science, and Transportation.
S. 2275 (Bennet), introduced on July 25, 2019, as the Broadband Transparency and Accountability Act of 2019, would direct the FCC to require an entity to report data that reflects the average speed and characteristics of broadband service. It would also require the FCC to establish a process to use data that is reported by consumers, businesses, and state and local governments to verify the data used in the Broadband Map. Read twice and referred to the Committee on Commerce, Science, and Transportation.
Author Contact Information
Colby Leigh Rachfal, Analyst in Telecommunications Policy ([email address scrubbed], [phone number scrubbed])1. |
The term "digital divide" can also refer to international disparities in access to communications and information technology. This report focuses on domestic issues only. |
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2. |
According to the Census Bureau, rural areas comprise open country and settlements with fewer than 2,500 residents, and urban areas comprise larger places and densely settled areas around them. United States Department of Agriculture Economic Research Service, What Is Rural?, available at https://www.ers.usda.gov/topics/rural-economy-population/rural-classifications/what-is-rural/.
Dial-up internet is the only connection that is not considered high speed. |
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3. |
Ibid. |
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See FCC, Fixed Broadband Deployment, available at https://broadbandmap.fcc.gov/ |
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FCC, |
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6. |
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7. | . Fixed terrestrial broadband at speeds of 25 Mbps/3Mbps includes cable modem, fiber, and a limited number of DSL connections. It does not include satellite broadband, which is also a fixed (nonmobile) broadband service. Ibid, pp. 14, 16.
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For other metrics, see NTIA's Digital Nation Data Explorer tool at https://www.ntia.doc.gov/data/digital-nation-data-explorer#sel=internetUser&disp=map. |
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9. |
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10. |
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11. |
Government Accountability Office, Intended Outcomes and Effectiveness of Efforts to Address Adoption Barriers Are Unclear, GAO-15-473, June 2, 2015, p. 11, available at |
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12. |
Ibid, p. 17. |
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13. |
For more information on rural broadband and broadband programs at the Rural Utilities Service, see CRS Report RL33816, Broadband Loan and Grant Programs in the USDA's Rural Utilities Service, by Lennard G. Kruger and Alyssa R. Casey. |
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14. |
See for example: National Exchange Carrier Association (NECA), Trends: A Report on Rural Telecom Technology, December 2015 |
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15. |
For more information on tribal broadband, see CRS Report R44416, Tribal Broadband: Status of Deployment and Federal Funding Programs, by Lennard G. Kruger. |
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16. |
FCC, |
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17. |
Ibid |
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18. |
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19. |
U.S. Department of Commerce, National Telecommunications and Information Administration, Digital Nation Data Explorer, June 6, 2018, available at https://www.ntia.doc.gov/data/digital-nation-data-explorer#sel=internetUser&demo=metro&pc=prop&disp=chart. |
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20. |
U.S. Department of Commerce, National Telecommunications and Information Administration, "The State of the Urban/Rural Digital Divide," August 10, 2016, available at https://www.ntia.doc.gov/blog/2016/state-urbanrural-digital-divide. |
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21. |
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22. |
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23. |
Mark Dutz, Jonathan Orszag, and Robert Willig, The Substantial Consumer Benefits of Broadband Connectivity for U.S. Households, Internet Innovation Alliance, July 2009, p. 4, available at http://internetinnovation.org/files/special-reports/CONSUMER_BENEFITS_OF_BROADBAND.pdf. |
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24. |
Robert D. Atkinson, Daniel Castro and Stephen Ezell, Information Technology and Innovation Foundation, The Digital Road to Recovery: A Stimulus Plan to Create Jobs, Boost Productivity and Revitalize America, January 2009, 22 p, available at https://www.itif.org/files/roadtorecovery.pdf. |
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Brian Whitacre, Roberto Gallardo, and Sharon Strover, "Broadband's Contribution to Economic Health in Rural Areas," Research & Policy Brief Series, Community and Regional Development Institute, Cornell University, February 2015, available at https://cardi.cals.cornell.edu/ |
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Hanns Kuttner, Hudson Institute, The Economic Impact of Rural Broadband, April 2016, available at https://s3.amazonaws.com/media.hudson.org/files/publications/20160419KuttnerTheEconomicImpactofRuralBroadband.pdf. |
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23.
Section 706(d)(1) defines "advanced telecommunications capability" as high-speed, switched, broadband telecommunications capability that enables users to originate and receive high-quality voice, data, graphics, and video telecommunications using any technology. |
An archive of notices of inquiry and released broadband progress reports is available at https://www.fcc.gov/general/archive-released-broadband-progress-notices-inquiry. |
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See CRS Report R45039, Defining Broadband: Minimum Threshold Speeds and Broadband Policy, by Lennard G. Kruger. |
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Federal Communications Commission, |
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Ibid, p. |
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30P.L. 110-385, Section 106. |
Previously, in 2008, the Broadband Data Improvement Act (P.L. 110-385) had directed the Department of Commerce to establish a state broadband data and development grant program, and to use the data gathered by the states to create a broadband inventory map. |
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For more information on NTIA and FCC broadband data and mapping activities, see CRS Insight IN10925, Broadband Data and Mapping, by Lennard G. Kruger. |
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NTIA, "Improving the Quality and Accuracy of Broadband Availability Data," Federal Register, vol. 83, no. 104, May 30, 2018, pp. 24747-24749, available at https://www.ntia.doc.gov/files/ntia/publications/fr-05302018-rfc-improving-broadband-data.pdf. |
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Available at https://www.ntia.doc.gov/federal-register-notice/2018/comments-improving-quality-and-accuracy-broadband-availability-data. |
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NTIA, "Agency Information Collection Activities; Proposed Information Collection; Comment Request; Broadband Availability Data," Federal Register, vol. 83, no. 207, October 25, 2018, pp. 53852-53853, available at https://www.govinfo.gov/content/pkg/FR-2018-10-25/pdf/2018-23296.pdf. |
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37National Telecommunications and Information Administration, "NTIA Partners with 8 States on Improvements to Broadband Availability Map," press release, February 12, 2019, available at https://www.ntia.doc.gov/press-release/2019/ntia-partners-8-states-improvements-broadband-availability-map. |
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40. |
Federal Communications Commission, Connecting America: The National Broadband Plan, March 17, 2010, p. 9. |
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41. |
Ibid, p. 11. |
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42. |
Ibid. |
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43. |
Ibid. |
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44. |
See CRS Report R40436, Broadband Infrastructure Programs in the American Recovery and Reinvestment Act, by Lennard G. Kruger. |
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U.S. Department of Commerce, National Telecommunications and Information Administration, BroadbandUSA: Guide to Federal Funding of Broadband Projects, June 2017, |
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NTIA also provides an online broadband federal funding search tool, available at https://broadbandusa.ntia.doc.gov/funding-list. |
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47. |
The section on universal service was prepared by Angele Gilroy, Specialist in Telecommunications, Resources, Science and Industry Division. |
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Communications Act of 1934, |
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Universal Service Administrative Company, 2018 |
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42.
In compliance with the 1996 Telecommunications Act (Section 254(a)(1)) the FCC, in March 1996, established a Federal-State Joint Board on Universal Service to make recommendations to implement the universal service provisions of the act. This Joint Board is comprised of three FCC Commissioners, four State Utility Commissioners, and a consumer advocate representative. |
The Joint Board recommended |
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American Recovery and Reinvestment Act of 2009, P.L. 111-5, Section 6001 (k)(2)(D). |
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For a detailed discussion of this Order and USF transition, see In the Matter of the Connect America Fund, et |
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For additional information and data on this program, see Universal Service Administrative Company, 2018 Annual Report, pp. 5 and 11 |
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For additional information and data on this program, see Universal Service Administrative Company, 2018 Annual Report, pp. 8 and 11, available at https://www.usac.org/about/tools/publications/annual-reports/default.aspx |
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50.
For additional information on these programs, see USAC's Rural Health Care Program website: https://www.usac.org/rhc/default.aspx. |
For more details on the USF rural health care support mechanism and the Healthcare Connect Fund see In the Matter of Rural Health Care Support Mechanism, WC Docket No. 02-60, Federal Communications Commission, adopted December 12, 2012, available at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-150A1.pdf. |
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52.
The Rural Health Care Pilot Program was established by the FCC, in 2006 to help public and nonprofit health care providers build state and region wide broadband networks dedicated to the provision of health care services. It was the precursor to the current Healthcare Connect Fund and is no longer accepting applications. |
For additional information and data on this program, see Universal Service Administrative Company, |
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The Link Up program assists eligible low-income subscribers to pay the costs associated with the initiation of service and is no longer available except for on Tribal Lands. |
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60. |
For additional information on the Lifeline Program see CRS Report R44487, Federal Lifeline Program: Frequently Asked Questions, by Angele A. Gilroy. |
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Tribal Lands Lifeline provides an additional discount of up to $25 for eligible low-income consumers living on Tribal Lands for a total discount of up to $34.25. |
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For additional information and data on this program, see Universal Service Administrative Company, 56.
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https://www.fcc.gov/broadband-deployment-advisory-committee
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Federal Communications Commission, Public Notice, "FCC Announced Membership and First Meeting of the Broadband Deployment Advisory Committee," GN Docket No. 17-83, April 6, 2017, available at https://apps.fcc.gov/edocs_public/attachmatch/DA-17-328A1.pdf. 59.
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See Federal Communications Commission, Fourteenth Broadband Deployment Report Notice of Inquiry, GN Docket No. 18-238, FCC 18-119, adopted August 8, 2018, para. 24, available at https://docs.fcc.gov/public/attachments/FCC-18-119A1.pdf. 60.
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7 U.S.C. 950bb. 61.
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7 U.S.C. 922 et. seq. 62.
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Consolidated Appropriations Act, 2018 (P.L. 115-141, Division A, §779), and Consolidated Appropriations Act, 2019 (P.L. 116-6, Division B, §762). |
For more information on implementation of the broadband provisions of the ARRA, see CRS Report R40436, Broadband Infrastructure Programs in the American Recovery and Reinvestment Act, by Lennard G. Kruger. For information on the distribution and oversight of ARRA broadband grants and loans, see CRS Report R41775, Background and Issues for Congressional Oversight of ARRA Broadband Awards, by Lennard G. Kruger. |
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65. |
The White House, Legislative Outline for Rebuilding Infrastructure in America, released February 12, 2018, 53 pages, available at https://www.whitehouse.gov/wp-content/uploads/2018/02/INFRASTRUCTURE-211.pdf. |
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66. |
Ibid. p. 6. |
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67. |
Ibid, p. 8. |
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68. |
Ibid. |
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69. |
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70. |
See for example Consolidated Appropriations Act, 2018 (P.L. 115-141), Division P, Title V (Ray Baum's Act of 2018) and Title VI (MOBILE NOW). |
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71. |
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74. |
See FCC, Fourteenth Broadband Deployment Report Notice of Inquiry, GN Docket No. 18-238, FCC 18-119, adopted August 8, 2018, para. 24, available at https://docs.fcc.gov/public/attachments/FCC-18-119A1.pdf. |
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66.
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For more information on implementation of the broadband provisions of the ARRA, see CRS Report R40436, Broadband Infrastructure Programs in the American Recovery and Reinvestment Act, by Lennard G. Kruger. For information on the distribution and oversight of ARRA broadband grants and loans, see CRS Report R41775, Background and Issues for Congressional Oversight of ARRA Broadband Awards, by Lennard G. Kruger. |
For more information on the types of technical assistance BroadbandUSA offers, see http://www2.ntia.doc.gov/technical_assistance. |
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NTIA, Broadband Interagency Working Group (BIWG) Members, March 2018, available at NTIA, Broadband Interagency Working Group (BIWG) Members, March 29, 2018, available at https://www.ntia.doc.gov/other-publication/2018/broadband-interagency-working-group-biwg-members. |
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Department of Commerce and Department of Agriculture, Broadband Opportunity Council Agency's Progress Report, January 2017, available at https://www.ntia.doc.gov/files/ntia/publications/broadband_opportunity_council_agencies_progress_report_jan2017.pdf. The report was issued pursuant to the March 23, 2015, Presidential Memorandum, "Expanding Broadband Deployment and Adoption by Addressing Regulatory Barriers and Encouraging Investment and Training," and the subsequent August 20, 2015, Broadband Opportunity Council Report and Recommendations, available at https://www.ntia.doc.gov/files/ntia/publications/broadband_opportunity_council_report_final.pdf. |
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For more information on the SBLN, see https://broadbandusa.ntia.doc.gov/ntia-resources/state-broadband-leaders-network-sbln. A fact sheet is available at https://broadbandusa.ntia.doc.gov/sites/default/files/resource-files/sbln_fact_sheet_007262017_0.pdf. |
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Federal Communications Commission, Connecting America: The National Broadband Plan, March 16, 2010, https://transition.fcc.gov/national-broadband-plan/national-broadband-plan.pdf. 73.
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Federal Communications Commission, Connecting America: The National Broadband Plan, March 17, 2010, p. 9. 74.
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Ibid, p. 11. 75.
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Ibid. 76.
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Ibid. |
Available at https://www.arc.gov/images/programs/telecom/ARCBroadbandPlanningPrimerToolkit.pdf. |
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Explanatory Statement accompanying FY2018 Consolidated Appropriations Act, Division B, p. 79.
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The White House, Legislative Outline for Rebuilding Infrastructure in America, released February 12, 2018, 53 p., available at https://www.whitehouse.gov/wp-content/uploads/2018/02/INFRASTRUCTURE-211.pdf. 80.
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Ibid. p. 6. 81.
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Ibid, p. 8. 82.
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Ibid. 83.
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House Committee on Energy and Commerce, Press Release, "E&C Democrats Introduce Infrastructure Package Aimed at Combating Climate Change, Expanding Broadband Access and Protecting Public Health and the Environment," May 15, 2019, available at https://energycommerce.house.gov/newsroom/press-releases/ec-democrats-introduce-infrastructure-package-aimed-at-combating-climate. 84.
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The FCC's report on promoting internet access service for veterans was released on May 1, 2019, see https://www.fcc.gov/document/report-promoting-internet-access-service-veterans. 85.
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The FCC's report on broadband deployment in Indian country was released on May 1, 2019, see https://www.fcc.gov/document/report-broadband-deployment-indian-country. 86.
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Consolidated Appropriations Act, 2018 (P.L. 115-141), Division P, Title V (Ray Baum's Act of 2018) and Title VI (MOBILE NOW). |