Broadband Speed Act

II 116TH CONGRESS 1ST SESSION S. 3093 To improve the collection of broadband speed data by the Federal Commu- nications Commission in order to support the effective deployment of broadband services to all areas in the United States, and for other purposes. IN THE SENATE OF THE UNITED STATES DECEMBER 18, 2019 Mr. MERKLEY introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To improve the collection of broadband speed data by the Federal Communications Commission 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 SEC. 2. BROADBAND SPEED TEST. 6 (a) DEFINITIONS.—In this section: 7 VerDate Sep 11 2014 22:46 Dec 21, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3093.IS S3093 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3093 IS (1) BROADBAND INTERNET ACCESS SERVICE.— 1 The term ‘‘broadband internet access service’’— 2 (A) means a mass-market retail service by 3 wire or radio that provides the capability to 4 transmit data to and receive data from all or 5 substantially all internet endpoints, including 6 any capabilities that are incidental to and en- 7 able the operation of the communications serv- 8 ice; 9 (B) includes any service that the Commis- 10 sion finds to be providing a functional equiva- 11 lent of the service described in subparagraph 12 (A); and 13 (C) does not include dial-up internet serv- 14 ice. 15 (2) COMMISSION.—The term ‘‘Commission’’ 16 means the Federal Communications Commission. 17 (b) REGULATIONS REQUIRED.—Not later than 180 18 days after the date of enactment of this Act, the Commis- 19 sion shall issue a rule that— 20 (1) establishes an annual reporting requirement 21 under which each provider of broadband internet ac- 22 cess service shall submit to the Commission a report 23 on broadband speed data based on a reasonable 24 sample that is captured to demonstrate that the pro- 25 VerDate Sep 11 2014 22:46 Dec 21, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3093.IS S3093 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3093 IS vider is capable of performing at the speed reported 1 to the Commission on Form 477 or any successor 2 report; 3 (2) establishes a fine for any provider that is 4 found under paragraph (1) to have willfully or know- 5 ingly provided false data about the speeds offered; 6 and 7 (3) to minimize duplication, incorporates any 8 other requirements issued by the Commission relat- 9 ing to reporting on broadband speed data. 10 (c) BROADBAND SPEED REQUIREMENT FOR INFRA- 11 STRUCTURE FUNDING.—Any broadband infrastructure 12 that is built with funding awarded on or after the date 13 of enactment of this Act from the Federal universal service 14 support programs established under section 254 of the 15 Communications Act of 1934 (47 U.S.C. 254) shall pro- 16 vide broadband internet access service with a download 17 speed of not less than 100 megabits per second. 18 Æ VerDate Sep 11 2014 22:46 Dec 21, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S3093.IS S3093 pamtmann on DSKBC07HB2PROD with BILLS