... —TAX PROVISIONS TITLE II—ASSISTANCE FOR UNEMPLOYED WORKERS AND STRUGGLING FAMILIES TITLE III—HEALTH INSURANCE ASSISTANCE FOR THE UNEMPLOYED TITLE IV—HEALTH INFORMATION TECHNOLOGY TITLE V—MEDICAID PROVISIONS TITLE VI—BROADBAND COMMUNICATIONS TITLE VII—ENERGY SEC. 3. PURPOSES AND PRINCIPLES. (a) STATEMENT OF PURPOSES.—The purposes of this Act include the following: (1) To preserve and create jobs and ...

... shall be notified at least 15 days in advance of any transfer. RURAL UTILITIES SERVICE DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM (INCLUDING TRANSFERS OF FUNDS) For an additional amount for the cost of broadband loans and loan guarantees, as authorized by the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.) and for grants, $2,825,000,000: Provided, That the cost of ...

loans and loan guarantees for open access broadband infrastructure in any area of the United States: Provided further, That at least 75 percent of the area to be served by a project ... , loans or loan guarantees shall be in a rural area without sufficient access to high speed broadband service to facilitate rural economic development, as determined by the Secretary of Agriculture: Provided further, ...

... commence promptly following enactment of this Act: Provided further, That no area of a project funded with amounts made available under this paragraph may receive funding to provide broadband service under the Broadband Deployment Grant Program: Provided further, That the Secretary shall submit a report on planned spending and actual obligations describing the use of these funds not later than 90 ...

... and adoption of broadband services within each State, and to develop and maintain a nationwide broadband inventory map, as authorized by section 6001 of division B of this Act. WIRELESS AND BROADBAND DEPLOYMENT GRANT PROGRAMS (INCLUDING TRANSFER OF FUNDS) For necessary expenses related to the Wireless and Broadband Deployment Grant Programs established by section 6002 of division B of this Act, $2 ...

... this heading shall be awarded not later than September 30, 2009: Provided further, That up to 20 percent of the funds provided under this heading for Wireless Deployment Grants and Broadband Deployment Grants may be transferred between these programs: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate shall be notified at least days in advance ...

... a) ESTABLISHMENT.—To provide a comprehensive nationwide inventory of existing broadband service capability and availability, the National Telecommunications and Information Administration (‘‘NTIA’’) shall develop and maintain a broadband inventory map of the United States that identifies and depicts the geographic extent to which broadband service capability is deployed and available from a commercial ...

grants to eligible entities for the non-recurring costs associated with the deployment of broadband infrastructure in rural, suburban, and urban areas, in accordance with the requirements of this section. (2) PROGRAM WEBSITE.—The NTIA shall develop and maintain a website to make publicly available information about the program described in paragraph (1), including— ...

subsection (c), the State considers to have the greatest priority for— (i) wireless voice service in unserved areas; and (ii) advanced wireless broadband service in underserved areas; and (B) for the purposes of determining the need for Broadband Deployment Grants under subsection (d), the State considers to have the greatest priority for— ...

... Grants in accordance with this subsection from amounts authorized for Broadband Deployment Grants by this subtitle to eligible entities to deploy necessary infrastructure for the provision of basic broadband service or advanced broadband service to end users in designated areas. (2) GRANT DISTRIBUTION.—The NTIA shall seek to distribute grants, to the extent possible, so that 25 percent of the ...

and 75 percent of grants awarded under this subsection shall be awarded to eligible entities for providing advanced broadband service to underserved areas. (e) GRANT REQUIREMENTS.—The NTIA shall— (1) adopt rules to protect against unjust enrichment; and (2) ensure that grant recipients— ...

... for, or intends to apply for, support for the non-recurring costs through another Federal program for service in the area; and (VI) will, if approved, significantly improve interoperable broadband communications systems available for use by public safety and emergency response; and (iv) consider whether the eligible entity is a socially and economically disadvantaged small business concern, as ...

... the purposes of this section. (j) DEFINITIONS.—For the purpose of this section— (1) the term ‘‘advanced broadband service’’ means a service delivering data to the end user transmitted at a speed of at ... per second downstream and at least 15 megabits per second upstream; (2) the term ‘‘advanced wireless broadband service’’ means a wireless service delivering to the end user data transmitted at a speed of at ...

... second upstream over an end-to-end internet protocol wireless network; (3) the term ‘‘basic broadband service’’ means a service delivering data to the end user transmitted at a speed of ... if such other entity is required to provide access to the supported infrastructure on a neutral, reasonable basis to maximize use; (5) the term ‘‘interoperable broadband communications systems’’ means communications systems ...

which enable public safety agencies to share information among local, State, Federal, and tribal public safety agencies in the same area using voice or data signals via advanced wireless broadband service; (6) the term ‘‘open access’’ shall be defined by the Federal Communications Commission not later than 45 days after the date of enactment of this section; (7) the term ‘‘ ...

(k) REVIEW OF DEFINITIONS.—Not later than months after the date the NTIA makes a broadband inventory map of the United States accessible to the public pursuant to section 6001(b), the Federal ... definitions based on the data used by the NTIA to develop and maintain such map. SEC. 6003. NATIONAL BROADBAND PLAN. (a) REPORT REQUIRED.—Not later than 1 year after the date of enactment of this section, the ...

... of the most effective and efficient mechanisms for ensuring broadband access by all people of the United States; (2) a detailed strategy for achieving affordability of such service and maximum utilization of broadband infrastructure and service by the public; and (3) a plan for use of broadband infrastructure and services in advancing consumer welfare, civic participation, public safety and ...

... in sections 306C(a)(2), 306D, and 381E(d)(2) of the Consolidated Farm and Rural Development Act, $1,375,000,000, to remain available until September 30, 2010. DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM ACCOUNT For an additional amount for direct loans and grants for distance learning and telemedicine services in rural areas, as authorized by 7 U.S.C. 950aaa, et seq., $100,000,000, to ...

... Act of 19(7 U.S.C. 950bb) and for grants, shall be available for broadband infrastructure in any area of the United States notwithstanding title VI of the Rural Electrification Act of ... , loans, or loan guarantees is in a rural area without sufficient access to high speed broadband service to facilitate rural economic development, as determined by the Secretary: Provided further, That priority for ...

... additional amount for ‘‘Periodic Censuses and Programs’’, $1,000,000,000, to remain available until September 30, 2010. NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION BROADBAND TECHNOLOGY OPPORTUNITIES PROGRAM For an amount for ‘‘Broadband Technology Opportunities Program’’, $7,000,000,000, to remain available until September 30, 2010: Provided, That of the funds provided under this heading, ...

... ,000,000 shall be available for competitive grants for innovative programs to encourage sustainable adoption of broadband service; and $10,000,000 shall be transferred to ‘‘Department of Commerce, Office of Inspector General’’ ... Public Law 110–385 (47 U.S.C. 1301 note) and for the purposes of developing and maintaining a broadband inventory map pursuant to section 201 of this Act: Provided further, That

... , amounts deemed necessary and appropriate by the Secretary of Commerce, in consultation with the Federal Communications Commission (FCC), may be transferred to the FCC for the purposes of developing a national broadband plan or for carrying out any other FCC responsibilities pursuant to section 201 of this Act, and only if the Committees on Appropriations of the House and the Senate are notified ...

... —THIS TITLE SEC. 201. The Assistant Secretary of Commerce for Communications and Information (Assistant Secretary), in consultation with the Federal Communications Commission (Commission) (and, with respect to rural areas, the Secretary of Agriculture), shall establish a national broadband service development and expansion program in

... — (i) schools, libraries, medical and healthcare providers, community colleges and other institutions of higher education, and other community support organizations and entities to facilitate greater use of broadband service by or through these organizations; (ii) organizations and agencies that provide outreach, access, equipment, and

... by the Department of Commerce, Renewal Community or Empowerment Zone designated by the Department of Housing and Urban Development, or Enterprise Community designated by the Department of Agriculture. (D) improve access to, and use of, broadband service by public safety agencies; and (E) stimulate the demand for broadband, economic growth, and job creation. (2) The Assistant Secretary may consult ...

... — (A) the applicant petitions the Assistant Secretary for a waiver; and (B) the Assistant Secretary determines that the petition demonstrates financial need. (6) The Assistant Secretary may make competitive grants under the program to— (A) acquire equipment, instrumentation, networking capability, hardware and software, digital network technology, and infrastructure for broadband services;

... , unemployed, aged, and otherwise vulnerable populations in order to provide educational and employment opportunities to members of such populations; (E) construct and deploy broadband facilities that improve public safety broadband communications services; and (F) undertake such other projects and activities as the Assistant Secretary finds to be consistent with the purposes for which the program ...

... of enactment of this Act, the Commission shall complete a rule-making to develop a national broadband plan. In developing the plan, the Commission shall— (A) consider the most effective and efficient national ... Improvement Act (47 U.S.C. 1301 note); (C) evaluate the status of deployments of broadband service, including the progress of projects supported by the grants made pursuant to this section; ...

... broadband service for the United States and for promoting broadband adoption nationwide. (10) The Assistant Secretary shall develop and maintain a comprehensive nationwide inventory map of existing broadband service capability and availability in the United States that entities and depicts the geographic extent to which broadband service capability is deployed and available from a commercial ...

... —PARITY FOR TRANSPORTATION FRINGE BENEFITS Sec. 1251. Increased exclusion amount for commuter transit benefits and transit passes. PART VII—S CORPORATIONS Sec. 1261. Temporary reduction in recognition period for built-in gains tax. PART VIII—BROADBAND INCENTIVES Sec. 1271. Broadband Internet access tax credit.

... this section shall apply to taxable years beginning after December 31, 2008. PART VIII—BROADBAND INCENTIVES SEC. 1271. BROADBAND INTERNET ACCESS TAX CREDIT. (a) IN GENERAL.—Subpart E of part IV of chapter ... ), as amended by this Act, is amended by inserting after section 48C the following new section: ‘‘SEC. 48D. BROADBAND INTERNET ACCESS CREDIT. ‘‘(a) GENERAL RULE.—For purposes of section 46, the broadband ...

... and taken into account with respect to such taxable year. ‘‘(2) NEXT GENERATION BROADBAND CRED-IT.—The next generation broadband credit for any taxable year is equal to 20 percent of the qualified ... ) WHEN EXPENDITURES TAKEN INTO AC-COUNT.—For purposes of this section— ‘‘(1) IN GENERAL.—Qualified broadband expenditures with respect to qualified equipment shall be taken into account with respect to the first ...

00 ‘‘(B) next generation broadband services are provided through such equipment to qualified subscribers. ‘‘(2) LIMITATION.— ‘‘(A) IN GENERAL.—Qualified broadband expenditures shall be taken into account under paragraph (1) only with respect to qualified equipment— ‘‘(i) the original use of which commences with the taxpayer, and ‘‘(ii) which is placed in service, after December 31, 2008, and before January 1, ...

... respect to qualified equipment through which current generation broadband services are provided, if the qualified equipment is capable of serving both qualified subscribers and other subscribers, the qualified broadband expenditures shall be multiplied by a fraction— ‘‘(1) the numerator of which is the sum of the number of potential qualified subscribers within the rural areas and the underserved ...

... ‘commercial mobile service carrier’ means any person authorized to provide commercial mobile radio service as defined in section 20.3 of title 47, Code of Federal Regulations. ‘‘(4) CURRENT GENERATION BROADBAND SERV-ICE.—The term ‘current generation broadband service’ means the transmission of signals at a rate of at least 5,000,000 bits per second to the subscriber and at least 1,000,000 bits per second ...

... BROADBAND SERV-ICE.—The term ‘next generation broadband service’ means the transmission of signals at a rate of at least 100,000,000 bits per second to the subscriber (or its equivalent when ... as so measured). ‘‘(7) NONRESIDENTIAL SUBSCRIBER.—The term ‘nonresidential subscriber’ means any person who purchases broadband services which are delivered to the permanent place of business of such person. ‘‘(8) OPEN ...

... ‘‘(B) commercial mobile service carrier, ‘‘(C) open video system operator, ‘‘(D) satellite carrier, ‘‘(E) telecommunications carrier, or ‘‘(F) other wireless carrier, providing current generation broadband services or next generation broadband services to subscribers through such qualified equipment. ‘‘(12) PROVISION OF SERVICES.—A provider shall be treated as providing services to 1 or more subscribers if— ‘‘(A ...

... . ‘‘(13) QUALIFIED EQUIPMENT.— ‘‘(A) IN GENERAL.—The term ‘qualified equipment’ means property with respect to which depreciation (or amortization in lieu of depreciation) is allowable and which provides current generation broadband services or next generation broadband services— ‘‘(i) at least a majority of the time during periods of maximum demand to each subscriber who is utilizing such services, and

... ‘‘(i) extends from the last point of switching to the outside of the unit, building, dwelling, or office owned or leased by a subscriber in the case of a telecommunications carrier or broadband-over-powerline operator, ‘‘(ii) extends from the customer side of the mobile telephone switching office to a transmission/receive antenna (including such antenna) owned or leased by a subscriber in the case of ...

... shall be taken into account under subparagraph (A) only if it is deployed in connection with equipment described in subparagraph (B) and is uniquely designed to perform the function of packet switching for current generation broadband services or next generation broadband services, but only if such packet switching is the last in a series of such functions performed in the transmission of a signal

... only if such multiplexing or demultiplexing equipment is located between packet switching equipment described in subparagraph (C) and the subscriber’s premises. ‘‘(14) QUALIFIED BROADBAND EXPENDITURE.— ‘‘(A) IN GENERAL.—The term ‘qualified broadband expenditure’ means any amount— ‘‘(i) chargeable to capital account with respect to the purchase and installation of qualified equipment (including any upgrades ...

... incurred by the lessee which would otherwise be described in subparagraph (A). ‘‘(15) QUALIFIED SUBSCRIBER.—The term ‘qualified subscriber’ means— ‘‘(A) with respect to the provision of current generation broadband services— ‘‘(i) any nonresidential subscriber maintaining a permanent place of business in a rural area, an underserved area, or an unserved area, or ‘‘(ii) any residential subscriber residing in a ...

... place of business in a rural area, an underserved area, or an unserved area , or ‘‘(ii) any residential subscriber. ‘‘(16) RESIDENTIAL SUBSCRIBER.—The term ‘residential subscriber’ means any individual who purchases broadband services which are delivered to such individual’s dwelling. ‘‘(17) RURAL AREA.—The term ‘rural area’ means any census tract which— ‘‘(A) is not within 10 miles of any incorporated or census ...

... such point-to-multipoint distribution. ‘‘(20) SATURATED MARKET.—The term ‘saturated market’ means any census tract in which, as of the date of the enactment of this section— ‘‘(A) current generation broadband services have been provided by a single provider to percent or more of the total number of potential residential subscribers residing in dwellings located within such census tract, and ‘‘(B) such ...

... subscribers through equipment with respect to which no credit is allowed under subsection (a)(1). ‘‘(21) SUBSCRIBER.—The term ‘subscriber’ means any person who purchases current generation broadband services or next generation broadband services. ‘‘(22) TELECOMMUNICATIONS CARRIER.—The term ‘telecommunications carrier’ has the meaning given such term by section 3(44) of the Communications Act of 1934 (47 U. ...

... subscriber residing in a dwelling located in an under-served area or nonresidential subscriber maintaining a permanent place of business located in an under-served area. ‘‘(26) UNSERVED AREA.—The term ‘unserved area’ means any census tract in which no current generation broadband services are provided, as certified by the State in which such tract is located not later than September 30, 2009.

... the end of paragraph (5) and inserting ‘‘, and’’, and by adding at the end the following: ‘‘(6) the broadband Internet access credit.’’ (c) SPECIAL RULE FOR MUTUAL OR COOPERATIVE TELEPHONE COMPANIES.—Section 501(c)(12)(B) ( ... lease described in section 48D(c)(2)(B), but only to the extent such income does not in any year exceed an amount equal to the credit for qualified broadband expenditures which would be

... following new clause: ‘‘(vi) the portion of the basis of any qualified equipment attributable to qualified broadband expenditures under section 48D.’’. (2) The table of sections for subpart E of part IV of ... Act, is amended by inserting after the item relating to section 48C the following: ‘‘Sec. 48D. Broadband internet access credit’’. (e) DESIGNATION OF CENSUS TRACTS.— (1) IN GENERAL.—The Secretary of the ...

... or rate-making procedures that would have the effect of eliminating or reducing any credit or portion thereof allowed under section 48D of the Internal Revenue Code of 1986 (as added by this section) or otherwise subverting the purpose of this section. (2) TREASURY REGULATORY AUTHORITY.—It is the intent of Congress in providing the broadband Internet access credit under section 48D of the In

... in certain low income and rural areas of the United States, as well as to residential users nationwide, in a manner that maintains competitive neutrality among the various classes of providers of broadband services. Accordingly, the Secretary of the Treasury shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of section 48D of such Code, including— (A) ...

... WORKERS AND STRUGGLING FAMILIES TITLE III—PREMIUM ASSISTANCE FOR COBRA BENEFITS TITLE IV—MEDICARE AND MEDICAID HEALTH INFORMATION TECHNOLOGY; MISCELLANEOUS MEDICARE PROVISIONS TITLE V—STATE FISCAL RELIEF TITLE VI—BROADBAND TECHNOLOGY OPPORTUNITIES PROGRAM TITLE VII—LIMITS ON EXECUTIVE COMPENSATION SEC. 3. PURPOSES AND PRINCIPLES. (a) STATEMENT OF PURPOSES.—The purposes of this Act include the following:

... or loan guarantees shall be in a rural area without sufficient access to high speed broadband service to facilitate rural economic development, as determined by the Secretary of Agriculture: Provided further ... That priority for awarding such funds shall be given to project applications for broadband systems that will deliver end users a choice of more than one service provider: Provided further, That ...

... can commence promptly following approval: Provided further, That no area of a project funded with amounts made available under this paragraph may receive funding to provide broadband service under the Broadband Technology Opportunities Program: Provided further, That the Secretary shall submit a report on planned spending and actual obligations describing the use of these funds not later than 90 ...

... ,000 shall be available for competitive grants for innovative programs to encourage sustainable adoption of broadband service; and $10,000,000 shall be transferred to ‘‘Department of Commerce, Office of Inspector ... Commission (FCC), may be transferred to the FCC for the purposes of developing a national broadband plan or for carrying out any other FCC responsibilities pursuant to division B of this ...

... (a) The Assistant Secretary of Commerce for Communications and Information (Assistant Secretary), in consultation with the Federal Communications Commission (Commission), shall establish a national broadband service development and expansion program in conjunction with the technology opportunities program, which shall be referred to as the Broadband Technology Opportunities Program. The Assistant ...

... use of broadband service by or through these organizations; (B) organizations and agencies that provide outreach, access, equipment, and support services to facilitate greater use of broadband service by low-income, unemployed, aged, and otherwise vulnerable populations; and (C) job-creating strategic facilities located within a State-designated economic zone, Economic Development District ...

... , unemployed, aged, and otherwise vulnerable populations in order to provide educational and employment opportunities to members of such populations; (5) construct and deploy broadband facilities that improve public safety broadband communications services; and (6) undertake such other projects and activities as the Assistant Secretary finds to be consistent with the purposes for which the program ...

... to the greatest population of users in the area; (B) will, if approved, provide the greatest broadband speed possible to the greatest population of users in the area; (C) will, if approved, enhance ... under this section, including, at a minimum, adherence to the principles contained in the Commission’s broadband policy statement (FCC 05-15, adopted August 5, 2005). (k)(1) Not later than 1 year after ...

... Assistant Secretary shall develop and maintain a comprehensive nationwide inventory map of existing broadband service capability and availability in the United States that depicts the geographic extent to which broadband service capability is deployed and available from a commercial provider or public provider throughout each State. Not later than 2 years after the date of the enactment of this ...