47 U.S.C. § 1303 — Improving Federal data on broadband

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. Page 420 TITLE 47—TELECOMMUNICATIONS § 1304 (2) Contents The Commission shall choose communities for the comparison under this subsection in a manner that will offer, to the extent possible, communities of a population size, population density, topography, and demographic profile that are comparable to the population size, population density, topography, and demo- graphic profile of various communities within the United States. The Commission shall in- clude in the comparison under this sub- section— (A) a geographically diverse selection of countries; and (B) communities including the capital cit- ies of such countries. (3) Similarities and differences The Commission shall identify relevant sim- ilarities and differences in each community, including their market structures, the number of competitors, the number of facilities-based providers, the types of technologies deployed by such providers, the applications and serv- ices those technologies enable, the regulatory model under which broadband service capa- bility is provided, the types of applications and services used, business and residential use of such services, and other media available to consumers. (c) Consumer survey of broadband service capa- bility (1) In general For the purpose of evaluating, on a statis- tically significant basis, the national charac- teristics of the use of broadband service capa- bility, the Commission shall conduct and make public periodic surveys of consumers in urban, suburban, and rural areas in the large business, small business, and residential con- sumer markets to determine— (A) the types of technology used to provide the broadband service capability to which consumers subscribe; (B) the amounts consumers pay per month for such capability; (C) the actual data transmission speeds of such capability; (D) the types of applications and services consumers most frequently use in conjunc- tion with such capability; (E) for consumers who have declined to subscribe to broadband service capability, the reasons given by such consumers for de- clining such capability; (F) other sources of broadband service ca- pability which consumers regularly use or on which they rely; and (G) any other information the Commission deems appropriate for such purpose. (2) Public availability The Commission shall make publicly avail- able the results of surveys conducted under this subsection at least once per year. (d) Improving Census data on broadband The Secretary of Commerce, in consultation with the Federal Communications Commission, shall expand the American Community Survey conducted by the Bureau of the Census to elicit information for residential households, includ- ing those located on native lands, to determine whether persons at such households own or use a computer at that address, whether persons at that address subscribe to Internet service and, if so, whether such persons subscribe to dial-up or broadband Internet service at that address. (e) Proprietary information Nothing in this chapter shall reduce or remove any obligation the Commission has to protect proprietary information, nor shall this chapter be construed to compel the Commission to make publicly available any proprietary information. (Pub. L. 110–385, title I, § 103, Oct. 10, 2008, 122 Stat. 4096; Pub. L. 115–141, div. P, title IV, § 402(c), Mar. 23, 2018, 132 Stat. 1089.) Editorial Notes CODIFICATION Section is comprised of section 103 of Pub. L. 110–385. Subsec. (a) of section 103 of Pub. L. 110–385 amended section 1302 of this title. AMENDMENTS 2018—Subsec. (b)(1). Pub. L. 115–141 substituted ‘‘its report under section 163 of this title, the Federal Com- munications Commission’’ for ‘‘the assessment and re- port required by section 1302 of this title, the Federal Communications Commission’’. § 1304. Encouraging State initiatives to improve broadband (a) Purposes The purposes of any grant under subsection (b) are— (1) to ensure that all citizens and businesses in a State have access to affordable and reli- able broadband service; (2) to achieve improved technology literacy, increased computer ownership, and broadband use among such citizens and businesses; (3) to establish and empower local grassroots technology teams in each State to plan for im- proved technology use across multiple commu- nity sectors; and (4) to establish and sustain an environment ripe for broadband services and information technology investment. (b) Establishment of State broadband data and development grant program (1) In general The Secretary of Commerce shall award grants, taking into account the results of the peer review process under subsection (d), to el- igible entities for the development and imple- mentation of statewide initiatives to identify and track the availability and adoption of broadband services within each State. (2) Competitive basis Any grant under subsection (b) shall be awarded on a competitive basis. (c) Eligibility To be eligible to receive a grant under sub- section (b), an eligible entity shall— (1) submit an application to the Secretary of Commerce, at such time, in such manner, and containing such information as the Secretary may require;