47 U.S.C. § 1301 — Findings

Page 415 TITLE 47—TELECOMMUNICATIONS § 1301 (d) Repeating emergency alert system messages for national security (1) In general Not later than 180 days after January 1, 2021, the Commission, in consultation with the Ad- ministrator, shall complete a rulemaking pro- ceeding to modify the Emergency Alert Sys- tem to provide for repeating Emergency Alert System messages while an alert remains pend- ing that is issued by— (A) the President; (B) the Administrator; or (C) any other entity determined appro- priate under the circumstances by the Com- mission, in consultation with the Adminis- trator. (2) Scope of rulemaking Paragraph (1) shall— (A) apply to warnings of national security events, meaning emergencies of national sig- nificance, such as a missile threat, terror at- tack, or other act of war or threat to public safety; and (B) not apply to more typical warnings, such as a weather alert, AMBER Alert, or disaster alert. (3) Rule of construction Nothing in this subsection shall be con- strued to impair, limit, or otherwise change— (A) the authority of the President granted by law to alert and warn the public; or (B) the role of the President as com- mander-in-chief with respect to the identi- fication, dissemination, notification, or alerting of information of missile threats against the United States, or threats to pub- lic safety. (e) Internet and online streaming services emer- gency alert examination (1) Study Not later than 180 days after January 1, 2021, and after providing public notice and oppor- tunity for comment, the Commission shall complete an inquiry to examine the feasibility of updating the Emergency Alert System to enable or improve alerts to consumers pro- vided through the internet, including through streaming services. (2) Report Not later than 90 days after completing the inquiry under paragraph (1), the Commission shall submit a report on the findings and con- clusions of the inquiry to— (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Energy and Com- merce of the House of Representatives. (f) Definitions In this section— (1) the term ‘‘Administrator’’ means the Ad- ministrator of the Federal Emergency Man- agement Agency; (2) the term ‘‘Commission’’ means the Fed- eral Communications Commission; (3) the term ‘‘Emergency Alert System’’ means the national public warning system, the rules for which are set forth in part 11 of title 47, Code of Federal Regulations (or any successor regulation); and (4) the term ‘‘Wireless Emergency Alerts System’’ means the wireless national public warning system established under the Warn- ing, Alert, and Response Network Act (47 U.S.C. 1201 et seq.), the rules for which are set forth in part 10 of title 47, Code of Federal Regulations (or any successor regulation). (Pub. L. 116–283, div. H, title XCII, § 9201, Jan. 1, 2021, 134 Stat. 4785.) Editorial Notes REFERENCES IN TEXT The amendment made by paragraph (1)(B), referred to in subsec. (a)(2), means the amendment made by Pub. L. 116–283, § 9201(a)(1)(B) which amended section 1201 of this title. The Warning, Alert, and Response Network Act, re- ferred to in subsec. (f)(4), is title VI of Pub. L. 109–347, Oct. 13, 2006, 120 Stat. 1936, which is classified prin- cipally to chapter 11 (§ 1201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set under section 1201 of this title and Tables. CODIFICATION Section was enacted as part of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 and not as part of the Warning, Alert, and Response Network Act which comprises this chap- ter. Section is comprised of section 9201 of Pub. L. 116–283. Subsec. (a) of section 9201 of Pub. L. 116–283 amended section 1201 of this title. CHAPTER 12—BROADBAND Sec. 1301. Findings. 1302. Advanced telecommunications incentives. 1303. Improving Federal data on broadband. 1304. Encouraging State initiatives to improve broadband. 1305. Broadband Technology Opportunities Pro- gram. 1306. Connecting minority communities. 1307. Office of Internet Connectivity and Growth. 1308. Interagency agreement. § 1301. Findings The Congress finds the following: (1) The deployment and adoption of broadband technology has resulted in en- hanced economic development and public safe- ty for communities across the Nation, im- proved health care and educational opportuni- ties, and a better quality of life for all Ameri- cans. (2) Continued progress in the deployment and adoption of broadband technology is vital to ensuring that our Nation remains competi- tive and continues to create business and job growth. (3) Improving Federal data on the deploy- ment and adoption of broadband service will assist in the development of broadband tech- nology across all regions of the Nation. (4) The Federal Government should also rec- ognize and encourage complementary State ef- forts to improve the quality and usefulness of broadband data and should encourage and sup- port the partnership of the public and private Page 416 TITLE 47—TELECOMMUNICATIONS § 1301 sectors in the continued growth of broadband services and information technology for the residents and businesses of the Nation. (Pub. L. 110–385, title I, § 102, Oct. 10, 2008, 122 Stat. 4096.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 110–385, title I, § 101, Oct. 10, 2008, 122 Stat. 4096, provided that: ‘‘This title [enacting this chapter and amending section 1302 of this title] may be cited as the ‘Broadband Data Improvement Act’.’’ BENEFIT FOR BROADBAND SERVICE DURING EMERGENCY PERIOD RELATING TO COVID–19 Pub. L. 116–260, div. N, title IX, § 904, Dec. 27, 2020, 134 Stat. 2129, which related to benefits for broadband serv- ice during the COVID–19 emergency, was transferred to section 1752 of this title. TRIBAL DIGITAL ACCESS Pub. L. 115–141, div. P, title V, § 508, Mar. 23, 2018, 132 Stat. 1095, provided that: ‘‘(a) TRIBAL BROADBAND DATA REPORT.— ‘‘(1) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act [Mar. 23, 2018], the Commission [Federal Communications Commission] shall submit to the Committee on Energy and Com- merce of the House of Representatives and the Com- mittee on Commerce, Science, and Transportation of the Senate a report evaluating broadband coverage in Indian country (as defined in section 1151 of title 18, United States Code) and on land held by a Native Cor- poration pursuant to the Alaska Native Claims Set- tlement Act [43 U.S.C. 1601 et seq.]. ‘‘(2) REQUIRED ASSESSMENTS.—The report required by paragraph (1) shall include the following: ‘‘(A) An assessment of areas of Indian country (as so defined) and land held by a Native Corporation pursuant to the Alaska Native Claims Settlement Act that have adequate broadband coverage. ‘‘(B) An assessment of unserved areas of Indian country (as so defined) and land held by a Native Corporation pursuant to the Alaska Native Claims Settlement Act. ‘‘(b) TRIBAL BROADBAND PROCEEDING.—Not later than 30 months after the date of the enactment of this Act, the Commission shall complete a proceeding to address the unserved areas identified in the report under sub- section (a).’’ Executive Documents EX. ORD. NO. 13616. ACCELERATING BROADBAND INFRASTRUCTURE DEPLOYMENT Ex. Ord. No. 13616, June 14, 2012, 77 F.R. 36903, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, and in order to facilitate broadband deployment on Federal lands, buildings, and rights of way, federally assisted highways, and tribal and individual Indian trust lands (tribal lands), particularly in underserved communities, it is hereby ordered as follows: SECTION 1. Policy. Broadband access is essential to the Nation’s global competitiveness in the 21st century, driving job creation, promoting innovation, and ex- panding markets for American businesses. Broadband access also affords public safety agencies the oppor- tunity for greater levels of effectiveness and interoper- ability. While broadband infrastructure has been de- ployed in a vast majority of communities across the country, today too many areas still lack adequate ac- cess to this crucial resource. For these areas, decisions on access to Federal property and rights of way can be essential to the deployment of both wired and wireless broadband infrastructure. The Federal Government controls nearly 30 percent of all land in the United States, owns thousands of buildings, and provides sub- stantial funding for State and local transportation in- frastructure, creating significant opportunities for ex- ecutive departments and agencies (agencies) to help ex- pand broadband infrastructure. SEC. 2. Broadband Deployment on Federal Property Working Group. (a) In order to ensure a coordinated and consistent approach in implementing agency proce- dures, requirements, and policies related to access to Federal lands, buildings, and rights of way, federally assisted highways, and tribal lands to advance broadband deployment, there is established a Broadband Deployment on Federal Property Working Group (Working Group), to be co-chaired by representa- tives designated by the Administrator of General Serv- ices and the Secretary of Homeland Security (Co- Chairs) from their respective agencies, in consultation with the Director of the Office of Science and Tech- nology Policy (Director) and in coordination with the Chief Performance Officer (CPO). (b) The Working Group shall be composed of: (i) a representative from each of the following agen- cies, and the Co-Chairs, all of which have significant ownership of, or responsibility for managing, Federal lands, buildings, and rights of way, federally assisted highways, and tribal lands (Broadband Member Agen- cies): (1) the Department of Defense; (2) the Department of the Interior; (3) the Department of Agriculture; (4) the Department of Commerce; (5) the Department of Transportation; (6) the Department of Veterans Affairs; and (7) the United States Postal Service; (ii) a representative from each of the following agen- cies or offices, to provide advice and assistance: (1) the Federal Communications Commission; (2) the Council on Environmental Quality; (3) the Advisory Council on Historic Preservation; and (4) the National Security Staff; and (iii) representatives from such other agencies or of- fices as the Co-Chairs may invite to participate. (c) Within 1 year of the date of this order, the Work- ing Group shall report to the Steering Committee on Federal Infrastructure Permitting and Review Process Improvement, established pursuant to Executive Order 13604 of March 22, 2012 (Improving Performance of Fed- eral Permitting and Review of Infrastructure Projects), on the progress that has been made in implementing the actions mandated by sections 3 through 5 of this order. SEC. 3. Coordinating Consistent and Efficient Federal Broadband Procedures, Requirements, and Policies. (a) Each Broadband Member Agency, following coordina- tion with other Broadband Member Agencies and inter- ested non-member agencies, shall: (i) develop and implement a strategy to facilitate the timely and efficient deployment of broadband facilities on Federal lands, buildings, and rights of way, federally assisted highways, and tribal lands, that: (1) ensures a consistent approach across the Federal Government that facilitates broadband deployment processes and decisions, including by: avoiding duplica- tive reviews; coordinating review processes; providing clear notice of all application and other requirements; ensuring consistent interpretation and application of all procedures, requirements, and policies; supporting decisions on deployment of broadband service to those living on tribal lands consistent with existing statutes, treaties, and trust responsibilities; and ensuring the public availability of current information on these matters; (2) where beneficial and appropriate, includes proce- dures for coordination with State, local, and tribal gov- ernments, and other appropriate entities; (3) is coordinated with appropriate external stake- holders, as determined by each Broadband Member Agency, prior to implementation; and Page 417 TITLE 47—TELECOMMUNICATIONS § 1301 (4) is provided to the Co-Chairs within 180 days of the date of this order; and (ii) provide comprehensive and current information on accessing Federal lands, buildings, and rights of way, federally assisted highways, and tribal lands for the deployment of broadband facilities, and develop strategies to increase the usefulness and accessibility of this information, including ensuring such informa- tion is available online and in a format that is compat- ible with appropriate Government websites, such as the Federal Infrastructure Projects Dashboard created pur- suant to my memorandum of August 31, 2011 (Speeding Infrastructure Development Through More Efficient and Effective Permitting and Environmental Review). (b) The activities conducted pursuant to subsection (a) of this section, particularly with respect to the es- tablishment of timelines for permitting and review processes, shall be consistent with Executive Order 13604 and with the Federal Plan and Agency Plans to be developed pursuant to that order. (c) The Co-Chairs, in consultation with the Director and in coordination with the CPO, shall coordinate, re- view, and monitor the development and implementa- tion of the strategies required by paragraph (a)(i) of this section. (d) Broadband Member Agencies may limit the infor- mation made available pursuant to paragraph (a)(ii) of this section as appropriate to accommodate national security, public safety, and privacy concerns. SEC. 4. Contracts, Applications, and Permits. (a) Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (Public Law 112–96) contains provisions ad- dressing access to Federal property for the deployment of wireless broadband facilities, including requirements that the General Services Administration (GSA) de- velop application forms, master contracts, and fees for such access. The GSA shall consult with the Working Group in developing these application forms, master contracts, and fees. (b) To the extent not already addressed by section 6409, each Broadband Member Agency with responsi- bility for managing Federal lands, buildings, or rights of way (as determined by the Co-Chairs) shall, in co- ordination with the Working Group and within 1 year of the date of this order, develop and use one or more templates for uniform contract, application, and per- mit terms to facilitate nongovernment entities’ use of Federal property for the deployment of broadband fa- cilities. The templates shall, where appropriate, allow for access by multiple broadband service providers and public safety entities. To ensure a consistent approach across the Federal Government and different broadband technologies, the templates shall, to the extent prac- ticable and efficient, provide equal access to Federal property for the deployment of wireline and wireless fa- cilities. SEC. 5. Deployment of Conduit for Broadband Facilities in Conjunction with Federal or Federally Assisted Highway Construction. (a) The installation of underground fiber conduit along highway and roadway rights of way can improve traffic flow and safety through implementa- tion of intelligent transportation systems (ITS) and re- duce the cost of future broadband deployment. Accord- ingly, within 1 year of the date of this order: (i) the Department of Transportation, in consultation with the Working Group, shall review dig once require- ments in its existing programs and implement a flexi- ble set of best practices that can accommodate changes in broadband technology and minimize excavations consistent with competitive broadband deployment; (ii) the Department of Transportation shall work with State and local governments to help them develop and implement best practices on such matters as estab- lishing dig once requirements, effectively using private investment in State ITS infrastructure, determining fair market value for rights of way on federally as- sisted highways, and reestablishing any highway assets disturbed by installation; (iii) the Department of the Interior and other Broadband Member Agencies with responsibility for federally owned highways and rights of way on tribal lands (as determined by the Co-Chairs) shall revise their procedures, requirements, and policies to include the use of dig once requirements and similar policies to encourage the deployment of broadband infrastructure in conjunction with Federal highway construction, as well as to provide for the reestablishment of any high- way assets disturbed by installation; (iv) the Department of Transportation, after outreach to relevant nonfederal stakeholders, shall review and, if necessary, revise its guidance to State departments of transportation on allowing for-profit or other enti- ties to accommodate or construct, safely and securely maintain, and utilize broadband facilities on State and locally owned rights of way in order to reflect changes in broadband technologies and markets and to promote competitive broadband infrastructure deployment; and (v) the Department of Transportation, in consulta- tion with the Working Group and the American Asso- ciation of State Highway and Transportation Officials, shall create an online platform that States and coun- ties may use to aggregate and make publicly available their rights of way laws and joint occupancy guidelines and agreements. (b) For the purposes of this section, the term ‘‘dig once requirements’’ means requirements designed to reduce the number and scale of repeated excavations for the installation and maintenance of broadband fa- cilities in rights of way. SEC. 6. General Provisions. (a) This order shall be im- plemented consistent with all applicable laws, treaties, and trust obligations, and subject to the availability of appropriations. (b) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment, agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (c) Independent agencies are strongly encouraged to comply with this order. (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. BARACK OBAMA. [Reference to the National Security Staff deemed to be a reference to the National Security Council Staff, see Ex. Ord. No. 13657, set out as a note under section 3021 of Title 50, War and National Defense.] EX. ORD. NO. 13821. STREAMLINING AND EXPEDITING RE- QUESTS TO LOCATE BROADBAND FACILITIES IN RURAL AMERICA Ex. Ord. No. 13821, Jan. 8, 2018, 83 F.R. 1507, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to promote better access to broadband internet service in rural America, it is here- by ordered as follows: SECTION 1. Policy. Americans need access to reliable, affordable broadband internet service to succeed in to- day’s information-driven, global economy. Currently, too many American citizens and businesses still lack access to this basic tool of modern economic connectivity. This problem is particularly acute in rural America, and it hinders the ability of rural Amer- ican communities to increase economic prosperity; at- tract new businesses; enhance job growth; extend the reach of affordable, high-quality healthcare; enrich stu- dent learning with digital tools; and facilitate access to the digital marketplace. It shall therefore be the policy of the executive branch to use all viable tools to accelerate the deploy- ment and adoption of affordable, reliable, modern high- speed broadband connectivity in rural America, includ- ing rural homes, farms, small businesses, manufac- Page 418 TITLE 47—TELECOMMUNICATIONS § 1301 turing and production sites, tribal communities, trans- portation systems, and healthcare and education facili- ties. To implement this policy and enable sustainable rural broadband infrastructure projects, executive de- partments and agencies (agencies) should seek to re- duce barriers to capital investment, remove obstacles to broadband services, and more efficiently employ Government resources. Among other actions, the executive branch will con- tinue its implementation of section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (Public Law 112–96) [47 U.S.C. 1455] (‘‘section 6409’’), which re- quires, among other things, that the General Services Administration (GSA) develop a common form and master contract for wireless facility sitings on build- ings and other property owned by the Federal Govern- ment. These documents enable the Federal Government to process wireless facility siting requests more effi- ciently and will also provide additional predictability regarding the availability of locations for asset instal- lation to installers of wireless broadband facilities. SEC. 2. Reviewing Requests to Locate Broadband Facili- ties on Federal Real Property. (a) Within 180 days of the date of this order, the Administrator of General Serv- ices (Administrator), in coordination with the heads of Federal property managing agencies, shall evaluate the effectiveness of the GSA Common Form Application for use in streamlining and expediting the processing and review of requests to locate broadband facilities on Federal real property. (b) As part of this evaluation, the Administrator shall determine whether any revisions to the GSA Com- mon Form Application are appropriate and, to the ex- tent consistent with law, shall begin implementation of any such revisions. (c) In furtherance of section 6409, all applicants and Federal property managing agencies shall use the GSA Common Form Application for wireless service antenna structure siting developed by the Administrator for re- quests to locate broadband facilities on Federal prop- erty. Federal property managing agencies shall expedi- tiously review and approve such requests unless an ap- proval would negatively affect performance of the agency’s mission or otherwise not be in the best inter- ests of the United States. (d) Within 180 days of the date of this order, and on a quarterly basis thereafter, all Federal property man- aging agencies shall report to the GSA regarding their required use of the Common Form Application, the number of Common Form Applications received, the percentage approved, the percentage rejected, the basis for any rejection, and the number of working days each application was pending before being approved or re- jected. Each report shall include the number of applica- tions received, approved, and rejected within the pre- ceding quarter. (e) Ninety days after the date of this order, and on a quarterly basis thereafter, the Administrator shall pre- pare and provide to the Director of the Office of Man- agement and Budget (Director) an aggregated summary report detailing results from the reports submitted under subsection (d) of this section. Not later than 1 year from the date of this order, the Administrator shall recommend to the Director improvements to the Common Form Application needed to further the pur- poses of this order. SEC. 3. Definitions. As used in this order: (a) The term ‘‘Federal property managing agencies’’ means agencies that have custody and control of, or re- sponsibility for managing, Federal lands, buildings, and rights of way, federally assisted highways, and tribal lands. (b) The term ‘‘Federal real property’’ has the same meaning as that term has in Executive Order 13327 of February 4, 2004 (Federal Real Property Asset Manage- ment) [40 U.S.C. 121 note]. SEC. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director relating to budg- etary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. DONALD J. TRUMP. UNLEASHING THE WIRELESS BROADBAND REVOLUTION Memorandum of President of the United States, June 28, 2010, 75 F.R. 38387, which related to making avail- able 500 MHz of Federal and nonfederal spectrum suit- able for mobile and fixed wireless broadband use, was revoked by section 6(e) of Memorandum of President of the United States, Oct. 25, 2018, 83 F.R. 54515, set out as a note under section 901 of this title. EXPANDING AMERICA’S LEADERSHIP IN WIRELESS INNOVATION Memorandum of President of the United States, June 14, 2013, 78 F.R. 37431, which related to shared access to spectrum previously allocated exclusively for Federal use, was revoked by section 6(e) of Memorandum of President of the United States, Oct. 25, 2018, 83 F.R. 54515, set out as a note under section 901 of this title. SUPPORTING BROADBAND TOWER FACILITIES IN RURAL AMERICA ON FEDERAL PROPERTIES MANAGED BY THE DEPARTMENT OF THE INTERIOR Memorandum of President of the United States, Jan. 8, 2018, 83 F.R. 1511, provided: Memorandum for the Secretary of the Interior By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: SECTION 1. Policy. It is the policy of the executive branch to use all viable tools to accelerate the deploy- ment and adoption of affordable, reliable, modern high- speed broadband connectivity in rural America, includ- ing rural homes, farms, small businesses, manufac- turing and production sites, tribal communities, trans- portation systems, and healthcare and education facili- ties. Lowering the costs of broadband deployment to rural areas can strengthen the business case for broadband facilities deployment and therefore amplify investments in broadband infrastructure. To that end, the executive branch will seek to make Federal assets more available for rural broadband deployment, with due consideration of national security concerns. SEC. 2. Supporting Broadband Deployment. (a) The Sec- retary of the Interior (Secretary) shall develop a plan to support rural broadband development and adoption by increasing access to tower facilities and other infra- structure assets managed by the Department of the In- terior (DOI), consistent with applicable law and to the extent practicable. DOI shall draft model terms and conditions for use in securing tower facilities and other infrastructure assets for broadband deployment. (b) Within 180 days of the date of this memorandum, the Secretary shall report to the Director of the Office of Science and Technology Policy recording DOI’s progress in identifying the assets that can be used to support rural broadband deployment and adoption. SEC. 3. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- Page 419 TITLE 47—TELECOMMUNICATIONS § 1303 1 See References in Text note below. 2 So in original. Probably should be ‘‘section:’’. dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. DONALD J. TRUMP. § 1302. Advanced telecommunications incentives (a) In general The Commission and each State commission with regulatory jurisdiction over telecommuni- cations services shall encourage the deployment on a reasonable and timely basis of advanced telecommunications capability to all Americans (including, in particular, elementary and sec- ondary schools and classrooms) by utilizing, in a manner consistent with the public interest, con- venience, and necessity, price cap regulation, regulatory forbearance, measures that promote competition in the local telecommunications market, or other regulating methods that re- move barriers to infrastructure investment. (b) Inquiry The Commission shall, within 30 months after February 8, 1996, and annually thereafter, ini- tiate a notice of inquiry concerning the avail- ability of advanced telecommunications capa- bility to all Americans (including, in particular, elementary and secondary schools and class- rooms) and shall complete the inquiry within 180 days after its initiation. In the inquiry, the Commission shall determine whether advanced telecommunications capability is being de- ployed to all Americans in a reasonable and timely fashion. If the Commission’s determina- tion is negative, it shall take immediate action to accelerate deployment of such capability by removing barriers to infrastructure investment and by promoting competition in the tele- communications market. (c) Demographic information for unserved areas As part of the inquiry required by subsection (b), the Commission shall compile a list of geo- graphical areas that are not served by any pro- vider of advanced telecommunications capa- bility (as defined by subsection (d)(1)) 1 and to the extent that data from the Census Bureau is available, determine, for each such unserved area— (1) the population; (2) the population density; and (3) the average per capita income. (d) Definitions For purposes of this subsection: 2 (1) Advanced telecommunications capability The term ‘‘advanced telecommunications ca- pability’’ is defined, without regard to any transmission media or technology, as high- speed, switched, broadband telecommuni- cations capability that enables users to origi- nate and receive high-quality voice, data, graphics, and video telecommunications using any technology. (2) Elementary and secondary schools The term ‘‘elementary and secondary schools’’ means elementary and secondary schools, as defined in section 7801 of title 20. (Pub. L. 104–104, title VII, § 706, Feb. 8, 1996, 110 Stat. 153; Pub. L. 107–110, title X, § 1076(gg), Jan. 8, 2002, 115 Stat. 2093; Pub. L. 110–385, title I, § 103(a), Oct. 10, 2008, 122 Stat. 4096; Pub. L. 114–95, title IX, § 9215(ttt), Dec. 10, 2015, 129 Stat. 2190.) Editorial Notes REFERENCES IN TEXT Subsection (d)(1), referred to in subsec. (c), was in the original ‘‘section 706(c)(1) of the Telecommunications Act of 1996’’ and was translated as reading ‘‘section 706(d)(1) of the Telecommunications Act of 1996’’, which is classified to subsection (d)(1) of this section, to re- flect the probable intent of Congress and the redesigna- tion of subsec. (c) as (d) by Pub. L. 110–385, title I, § 103(a)(2), Oct. 10, 2008, 122 Stat. 4096. CODIFICATION Section was formerly set out as a note under section 157 of this title. Section was enacted as part of the Telecommuni- cations Act of 1996, and not as part of the Broadband Data Improvement Act which comprises this chapter. AMENDMENTS 2015—Subsec. (d)(2). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20. 2008—Subsec. (b). Pub. L. 110–385, § 103(a)(1), sub- stituted ‘‘annually’’ for ‘‘regularly’’. Subsecs. (c), (d). Pub. L. 110–385, § 103(a)(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d). 2002—Subsec. (c)(2). Pub. L. 107–110 substituted ‘‘sec- tion 7801 of title 20’’ for ‘‘paragraphs (14) and (25), re- spectively, of section 14101 of the Elementary and Sec- ondary Education Act of 1965 (20 U.S.C. 8801)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under sec- tion 6301 of Title 20, Education. DEFINITIONS For definitions of terms used in this section, see sec- tion 3(b) of Pub. L. 104–104, set out as a Common Termi- nology note under section 153 of this title. § 1303. Improving Federal data on broadband (a) Omitted (b) International comparison (1) In general As part of its report under section 163 of this title, the Federal Communications Commis- sion shall include information comparing the extent of broadband service capability (includ- ing data transmission speeds and price for broadband service capability) in a total of 75 communities in at least 25 countries abroad for each of the data rate benchmarks for broadband service utilized by the Commission to reflect different speed tiers.