Broadband Speed Act

I 117TH CONGRESS 1ST SESSION H. R. 2398 To improve the Federal Communication Commission’s collection of broadband speed data in order to support the effective deployment of broadband services to all areas in the United States, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 8, 2021 Mr. DELGADO introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To improve the Federal Communication Commission’s collec- tion of broadband speed data in order to support the effective deployment of broadband services to all areas in the United States, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Broadband Speed 4 Act’’. 5 VerDate Sep 11 2014 22:13 May 27, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2398.IH H2398 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2398 IH SEC. 2. BROADBAND SPEED TEST. 1 (a) REGULATIONS REQUIRED.—Not later than 180 2 days after the date of the enactment of this Act, the Com- 3 mission shall issue a rule that does the following: 4 (1) Establishes an annual reporting require- 5 ment under which each provider of broadband inter- 6 net access service submits to the Commission a re- 7 port on broadband speed data based on a reasonable 8 sample that is captured to demonstrate that the pro- 9 vider is capable of performing at the speed reported 10 to the Commission on Form 477 or any successor 11 report. 12 (2) Establishes a fine for any provider that is 13 found under paragraph (1) to have willfully or know- 14 ingly provided false data about the speeds offered. 15 (3) Incorporates any other requirements issued 16 by the Commission related to reporting on 17 broadband speed data to minimize duplication. 18 (b) BROADBAND SPEED REQUIREMENT FOR INFRA- 19 STRUCTURE FUNDING.—Any broadband infrastructure 20 that is built with funding awarded on or after the date 21 of the enactment of this Act from the Federal universal 22 service support programs established pursuant to section 23 254 of the Communications Act of 1934 (47 U.S.C. 254) 24 shall provide broadband internet access service with a 25 download speed of at least 100 megabits per second. 26 VerDate Sep 11 2014 22:13 May 27, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2398.IH H2398 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2398 IH (c) DEFINITIONS.—In this section: 1 (1) BROADBAND INTERNET ACCESS SERVICE.— 2 The term ‘‘broadband internet access service’’ means 3 a mass-market retail service by wire or radio that 4 provides the capability to transmit data to and re- 5 ceive data from all or substantially all internet 6 endpoints, including any capabilities that are inci- 7 dental to and enable the operation of the commu- 8 nications service, but excluding dial-up internet ac- 9 cess service. Such term includes any service that the 10 Commission finds to be providing a functional equiv- 11 alent of the service described in the previous sen- 12 tence. 13 (2) COMMISSION.—The term ‘‘Commission’’ 14 means the Federal Communications Commission. 15 Æ VerDate Sep 11 2014 22:13 May 27, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H2398.IH H2398 kjohnson on DSK79L0C42PROD with BILLS