F:\M11\WAXMAN\WAXMAN_010.XML AMENDMENT IN THE NATURE OF A SUBSTITUTE TO THE COMMITTEE PRINT DATED JANUARY 19, 2009 OFFERED BY MR. WAXMAN OF CALIFORNIA Strike the text of the Committee Print dated January 19, 2009, and insert the following: 1 GENERAL PROVISIONS, THIS SUBTITLE 2 SEC. 3101. INVENTORY OF BROADBAND SERVICE CAPA3 BILITY AND AVAILABILITY. 4 (a) ESTABLISHMENT.—To provide a comprehensive 5 nationwide inventory of existing broadband service capa6 bility and availability, the National Telecommunications 7 and Information Administration (‘‘NTIA’’) shall develop 8 and maintain a broadband inventory map of the United 9 States that identifies and depicts the geographic extent 10 to which broadband service capability is deployed and 11 available from a commercial provider or public provider 12 throughout each State. 13 (b) PUBLIC AVAILABILITY AND INTERACTIVITY.— 14 Not later than 2 years after the date of enactment of this 15 Act, the NTIA shall make the broadband inventory map 16 developed and maintained pursuant to this section acces f:\VHLC\012109\012109.321.xml (420995|3) January 21, 2009 (4:47 p.m.) F:\M11\WAXMAN\WAXMAN_010.XML 2 1 sible by the public on a World Wide Web site of the NTIA 2 in a form that is interactive and searchable. 3 SEC. 3102. WIRELESS AND BROADBAND DEPLOYMENT 4 GRANT PROGRAMS. 5 (a) GRANTS AUTHORIZED.— 6 (1) IN GENERAL.—The National Telecommuni7 cations and Information Administration (‘‘NTIA’’) 8 is authorized to carry out a program to award 9 grants to eligible entities for the non-recurring costs 10 associated with the deployment of broadband infra11 structure in rural, suburban, and urban areas, in ac12 cordance with the requirements of this section. 13 (2) PROGRAM WEBSITE.—The NTIA shall de14 velop and maintain a website to make publicly avail15 able information about the program described in 16 paragraph (1), including— 17 (A) each prioritization report submitted by 18 a State under subsection (b); 19 (B) a list of eligible entities that have ap20 plied for a grant under this section, and the 21 area or areas the entity proposes to serve; and 22 (C) the status of each such application, 23 whether approved, denied, or pending. 24 (b) STATE PRIORITIES.— f:\VHLC\012109\012109.321.xml (420995|3) January 21, 2009 (4:47 p.m.) F:\M11\WAXMAN\WAXMAN_010.XML 3 1 (1) PRIORITIES REPORT SUBMISSION.—Not 2 later than 75 days after the date of enactment of 3 this section, each State intending to participate in 4 the program under this section shall submit to the NTIA a report indicating the geographic areas of 6 the State which— 7 (A) for the purposes of determining the 8 need for Wireless Deployment Grants under 9 subsection (c), the State considers to have the greatest priority for— 11 (i) wireless voice service in unserved 12 areas; and 13 (ii) advanced wireless broadband serv14 ice in underserved areas; and (B) for the purposes of determining the 16 need for Broadband Deployment Grants under 17 subsection (d), the State considers to have the 18 greatest priority for— 19 (i) basic broadband service in unserved areas; and 21 (ii) advanced broadband service in un 22 derserved areas. 23 (2) LIMITATION.—The unserved and under 24 served areas identified by a State in the report required by this subsection shall not represent, in the f:\VHLC\012109\012109.321.xml (420995|3) January 21, 2009 (4:47 p.m.) F:\M11\WAXMAN\WAXMAN_010.XML 4 1 aggregate, more than 20 percent of the population 2 or of the geographic area of such State. 3 (c) WIRELESS DEPLOYMENT GRANTS.— 4 (1) AUTHORIZED ACTIVITY.—The NTIA shall award Wireless Deployment Grants in accordance 6 with this subsection from amounts authorized for 7 Wireless Deployment Grants by this subtitle to eligi8 ble entities to deploy necessary infrastructure for the 9 provision of wireless voice service or advanced wireless broadband service to end users in designated 11 areas. 12 (2) GRANT DISTRIBUTION.—The NTIA shall 13 seek to distribute grants, to the extent possible, so 14 that 25 percent of the grants awarded under this subsection shall be awarded to eligible entities for 16 providing wireless voice service to unserved areas 17 and 75 percent of grants awarded under this sub18 section shall be awarded to eligible entities for pro19 viding advanced wireless broadband service to under- served areas. 21 (d) BROADBAND DEPLOYMENT GRANTS.— 22 (1) AUTHORIZED ACTIVITY.—The NTIA shall 23 award Broadband Deployment Grants in accordance 24 with this subsection from amounts authorized for Broadband Deployment Grants by this subtitle to el f:\VHLC\012109\012109.321.xml (420995|3) January 21, 2009 (4:47 p.m.) F:\M11\WAXMAN\WAXMAN_010.XML 5 1 igible entities to deploy necessary infrastructure for 2 the provision of basic broadband service or advanced 3 broadband service to end users in designated areas. 4 (2) GRANT DISTRIBUTION.—The NTIA shall seek to distribute grants, to the extent possible, so 6 that 25 percent of the grants awarded under this 7 subsection shall be awarded to eligible entities for 8 providing basic broadband service to unserved areas 9 and 75 percent of grants awarded under this subsection shall be awarded to eligible entities for pro11 viding advanced broadband service to underserved 12 areas. 13 (e) GRANT REQUIREMENTS.—The NTIA shall— 14 (1) adopt rules to protect against unjust enrichment; and 16 (2) ensure that grant recipients— 17 (A) meet buildout requirements; 18 (B) maximize use of the supported infra19 structure by the public; (C) operate basic and advanced broadband 21 service networks on an open access basis; 22 (D) operate advanced wireless broadband 23 service on a wireless open access basis; and 24 (E) adhere to the principles contained in the Federal Communications Commission’s f:\VHLC\012109\012109.321.xml (420995|3) January 21, 2009 (4:47 p.m.) F:\M11\WAXMAN\WAXMAN_010.XML 6 1 broadband policy statement (FCC 05-151, 2 adopted August 5, 2005). 3 (f) APPLICATIONS.— 4 (1) SUBMISSION.—To be considered for a grant 5 awarded under subsection (c) or (d), an eligible enti6 ty shall submit to the NTIA an application at such 7 time, in such manner, and containing such informa8 tion and assurances as the NTIA may require. Such 9 an application shall include— 10 (A) a cost-study estimate for serving the 11 particular geographic area to be served by the 12 entity; 13 (B) a proposed build-out schedule to resi14 dential households and small businesses in the 15 area; 16 (C) for applicants for Wireless Deployment 17 Grants under subsection (c), a build-out sched18 ule for geographic coverage of such areas; and 19 (D) any other requirements the NTIA 20 deems necessary. 21 (2) SELECTION.— 22 (A) NOTIFICATION.—The NTIA shall no 23 tify each eligible entity that has submitted a 24 complete application whether the entity has f:\VHLC\012109\012109.321.xml (420995|3) January 21, 2009 (4:47 p.m.) F:\M11\WAXMAN\WAXMAN_010.XML 7 1 been approved or denied for a grant under this 2 section in a timely fashion. 3 (B) GRANT DISTRIBUTION CONSIDER 4 ATIONS.—In awarding grants under this sec 5 tion, the NTIA shall, to the extent practical— 6 (i) award not less than one grant in 7 each State; 8 (ii) give substantial weight to whether 9 an application is from an eligible entity to 10 deploy infrastructure in an area that is an 11 area— 12 (I) identified by a State in a re13 port submitted under subsection (b); 14 or 15 (II) in which the NTIA deter16 mines there will be a significant 17 amount of public safety or emergency 18 response use of the infrastructure; 19 and 20 (iii) consider whether an application 21 from an eligible entity to deploy infrastruc 22 ture in an area— 23 (I) will, if approved, increase the 24 affordability of, or subscribership to, f:\VHLC\012109\012109.321.xml (420995|3) January 21, 2009 (4:47 p.m.) F:\M11\WAXMAN\WAXMAN_010.XML 8 1 service to the greatest population of 2 underserved users in the area; 3 (II) will, if approved, enhance 4 service for health care delivery, education, or children to the greatest pop6 ulation of underserved users in the 7 area; 8 (III) contains concrete plans for 9 enhancing computer ownership or computer literacy in the area; 11 (IV) is from a recipient of more 12 than 20 percent matching grants from 13 State, local, or private entities for 14 service in the area and the extent of such commitment; and 16 (V) will, if approved, result in 17 unjust enrichment because the eligible 18 entity has applied for, or intends to 19 apply for, support for the non-recurring costs through another Federal 21 program for service in the area. 22 (g) COORDINATION AND CONSULTATION.—The 23 NTIA shall coordinate with the Federal Communications 24 Commission and shall consult with other appropriate Federal agencies in implementing this section. f:\VHLC\012109\012109.321.xml (420995|3) January 21, 2009 (4:47 p.m.) F:\M11\WAXMAN\WAXMAN_010.XML 9 1 (h) REPORT REQUIRED.—The NTIA shall submit an 2 annual report to the Committee on Energy and Commerce 3 of the House of Representatives and the Committee on 4 Commerce, Science, and Transportation of the Senate for 5 5 years assessing the impact of the grants funded under 6 this section on the basis of the objectives and criteria de7 scribed in subsection (f)(2)(B)(iii). 8 (i) RULEMAKING AUTHORITY.—The NTIA shall have 9 the authority to prescribe such rules as necessary to carry 10 out the purposes of this section. 11 (j) DEFINITIONS.—For the purpose of this section— 12 (1) the term ‘‘advanced broadband service’’ 13 means a service delivering data to the end user 14 transmitted at a speed of at least 45 megabits per 15 second downstream and at least 15 megabits per 16 second upstream; 17 (2) the term ‘‘advanced wireless broadband 18 service’’ means a wireless service delivering to the 19 end user data transmitted at a speed of at least 3 20 megabits per second downstream and at least 1 21 megabit per second upstream over an end-to-end 22 internet protocol wireless network; 23 (3) the term ‘‘basic broadband service’’ means 24 a service delivering data to the end user transmitted f:\VHLC\012109\012109.321.xml (420995|3) January 21, 2009 (4:47 p.m.) F:\M11\WAXMAN\WAXMAN_010.XML 10 1 at a speed of at least 5 megabits per second down 2 stream and at least 1 megabit per second upstream; 3 (4) the term ‘‘eligible entity’’ means— 4 (A) a provider of wireless voice service, advanced wireless broadband service, basic 6 broadband service, or advanced broadband serv7 ice, including a satellite carrier that provides 8 any such service; 9 (B) a State or unit of local government, or agency or instrumentality thereof, that is or in11 tends to be a provider of any such service; and 12 (C) any other entity, including construc13 tion companies, tower companies, backhaul 14 companies, or other service providers, that the NTIA authorizes by rule to participate in the 16 programs under this section, if such other enti17 ty is required to provide access to the supported 18 infrastructure on a neutral, reasonable basis to 19 maximize use; (5) the term ‘‘State’’ includes the District of 21 Columbia and the territories and possessions; 22 (6) the term ‘‘underserved area’’ shall be de 23 fined by the Federal Communications Commission 24 not later than 45 days after the date of enactment of this section; f:\VHLC\012109\012109.321.xml (420995|3) January 21, 2009 (4:47 p.m.) F:\M11\WAXMAN\WAXMAN_010.XML 11 1 (7) the term ‘‘unserved area’’ shall be defined 2 by the Federal Communications Commission not 3 later than 45 days after the date of enactment of 4 this section; 5 (8) the term ‘‘wireless voice service’’ means the 6 provision of two-way, real-time, voice communica7 tions using a mobile service; 8 (9) the term ‘‘open access’’ shall be defined by 9 the Federal Communications Commission not later 10 than 45 days after the date of enactment of this sec11 tion; and 12 (10) the term ‘‘wireless open access’’ shall be 13 defined by the Federal Communications Commission 14 not later than 45 days after the date of enactment 15 of this section. . f:\VHLC\012109\012109.321.xml (420995|3) January 21, 2009 (4:47 p.m.)