[United States Statutes at Large, Volume 122, 110th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]

122 STAT. 4096

Public Law 110-385
110th Congress

An Act


 
To improve the quality of Federal and State data regarding the
availability and quality of broadband services and to promote the
deployment of affordable broadband services to all parts of the
Nation. [NOTE: Oct. 10, 2008 -  [S. 1492]]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

TITLE I--BROADBAND [NOTE: Broadband Data Improvement Act.] DATA
IMPROVEMENT

SEC. 101. [NOTE: 47 USC 1301 note.] SHORT TITLE.

This title may be cited as the ``Broadband Data Improvement Act''.

SEC. 102 [NOTE: 47 USC 1301.] FINDINGS.

The Congress finds the following:
(1) The deployment and adoption of broadband technology has
resulted in enhanced economic development and public safety for
communities across the Nation, improved health care and
educational opportunities, and a better quality of life for all
Americans.
(2) Continued progress in the deployment and adoption of
broadband technology is vital to ensuring that our Nation
remains competitive and continues to create business and job
growth.
(3) Improving Federal data on the deployment and adoption of
broadband service will assist in the development of broadband
technology across all regions of the Nation.
(4) The Federal Government should also recognize and
encourage complementary State efforts to improve the quality and
usefulness of broadband data and should encourage and support
the partnership of the public and private sectors in the
continued growth of broadband services and information
technology for the residents and businesses of the Nation.

SEC. 103 [NOTE: 47 USC 1303.] IMPROVING FEDERAL DATA ON BROADBAND.

(a) Improving Section 706 Inquiry.--Section 706 of the
Telecommunications Act of 1996 (47 U.S.C. 157 note) is amended--
(1) by striking ``regularly'' in subsection (b) and
inserting ``annually'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:

``(c) Demographic Information for Unserved Areas.--
[NOTE: Lists.] As part of the inquiry required by subsection (b), the
Commission

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122 STAT. 4097

shall compile a list of geographical areas that are not served by any
provider of advanced telecommunications capability (as defined by
section 706(c)(1) of the Telecommunications Act of 1996 (47 U.S.C. 157
note)) 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.''.

(b) International Comparison.--
(1) In general.--As part of the assessment and report
required by section 706 of the Telecommunications Act of 1996
(47 U.S.C. 157 note), the Federal Communications Commission
shall include information comparing the extent of broadband
service capability (including 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.
(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 demographic profile of various communities
within the United States. The Commission shall include in the
comparison under this subsection--
(A) a geographically diverse selection of countries;
and
(B) communities including the capital cities of such
countries.
(3) Similarities and differences.--The Commission shall
identify relevant similarities 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
services those technologies enable, the regulatory model under
which broadband service capability 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 Capability.--
(1) In [NOTE: Public information.] general.--For the
purpose of evaluating, on a statistically significant basis, the
national characteristics of the use of broadband service
capability, 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
consumer 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 conjunction with such capability;
(E) for consumers who have declined to subscribe to
broadband service capability, the reasons given by such
consumers for declining such capability;

[[Page 4098]]
122 STAT. 4098

(F) other sources of broadband service capability
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
available 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, including 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 title shall reduce or
remove any obligation the Commission has to protect proprietary
information, nor shall this title be construed to compel the Commission
to make publicly available any proprietary information.

SEC. 104. STUDY ON ADDITIONAL BROADBAND METRICS AND STANDARDS.

(a) In General.--The Comptroller General shall conduct a study to
consider and evaluate additional broadband metrics or standards that may
be used by industry and the Federal Government to provide users with
more accurate information about the cost and capability of their
broadband connection, and to better compare the deployment and
penetration of broadband in the United States with other countries. At a
minimum, such study shall consider potential standards or metrics that
may be used--
(1) to calculate the average price per megabit per second of
broadband offerings;
(2) to reflect the average actual speed of broadband
offerings compared to advertised potential speeds and to
consider factors affecting speed that may be outside the control
of a broadband provider;
(3) to compare, using comparable metrics and standards, the
availability and quality of broadband offerings in the United
States with the availability and quality of broadband offerings
in other industrialized nations, including countries that are
members of the Organization for Economic Cooperation and
Development; and
(4) to distinguish between complementary and substitutable
broadband offerings in evaluating deployment and penetration.

(b) Report.--Not [NOTE: Recommenda- tions.] later than 1 year
after the date of enactment of this Act, the Comptroller General shall
submit a report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on Energy and
Commerce on the results of the study, with recommendations for how
industry and the Federal Communications Commission can use such metrics
and comparisons to improve the quality of broadband data and to better
evaluate the deployment and penetration of comparable broadband service
at comparable rates across all regions of the Nation.

[[Page 4099]]
122 STAT. 4099

SEC. 105. STUDY ON THE IMPACT OF BROADBAND SPEED AND PRICE ON SMALL
BUSINESSES.

(a) In General.--Subject to appropriations, the Small Business
Administration Office of Advocacy shall conduct a study evaluating the
impact of broadband speed and price on small businesses.
(b) Report.--Not [NOTE: Survey.] later than 2 years after the date
of enactment of this Act, the Office shall submit a report to the Senate
Committee on Commerce, Science, and Transportation, the Senate Committee
on Small Business and Entrepreneurship, the House of Representatives
Committee on Energy and Commerce, and the House of Representatives
Committee on Small Business on the results of the study, including--
(1) a survey of broadband speeds available to small
businesses;
(2) a survey of the cost of broadband speeds available to
small businesses;
(3) a survey of the type of broadband technology used by
small businesses; and
(4) any policy recommendations that may improve small
businesses access to comparable broadband services at comparable
rates in all regions of the Nation.

SEC. 106. [NOTE: 47 USC 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 reliable 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 improved technology use across
multiple community 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 eligible entities for the
development and implementation 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 subsection
(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;
(2) contribute matching non-Federal funds in an amount equal
to not less than 20 percent of the total amount of the grant;
and
(3) agree to comply with confidentiality requirements in
subsection (h)(2) of this section.

(d) Peer Review; Nondisclosure.--

[[Page 4100]]
122 STAT. 4100

(1) In general.--The [NOTE: Regulations.] Secretary shall
by regulation require appropriate technical and scientific peer
review of applications made for grants under this section.
(2) Review procedures.--The regulations required under
paragraph (1) shall require that any technical and scientific
peer review group--
(A) be provided a written description of the grant
to be reviewed;
(B) provide the results of any review by such group
to the Secretary of Commerce; and
(C) certify [NOTE: Certification.] that such group
will enter into voluntary nondisclosure agreements as
necessary to prevent the unauthorized disclosure of
confidential and proprietary information provided by
broadband service providers in connection with projects
funded by any such grant.

(e) Use of Funds.--A grant awarded to an eligible entity under
subsection (b) shall be used--
(1) to provide a baseline assessment of broadband service
deployment in each State;
(2) to identify and track--
(A) areas in each State that have low levels of
broadband service deployment;
(B) the rate at which residential and business users
adopt broadband service and other related information
technology services; and
(C) possible suppliers of such services;
(3) to identify barriers to the adoption by individuals and
businesses of broadband service and related information
technology services, including whether or not--
(A) the demand for such services is absent; and
(B) the supply for such services is capable of
meeting the demand for such services;
(4) to identify the speeds of broadband connections made
available to individuals and businesses within the State, and,
at a minimum, to rely on the data rate benchmarks for broadband
service utilized by the Commission to reflect different speed
tiers, to promote greater consistency of data among the States;
(5) to create and facilitate in each county or designated
region in a State a local technology planning team--
(A) with members representing a cross section of the
community, including representatives of business,
telecommunications labor organizations, K-12 education,
health care, libraries, higher education, community-
based organizations, local government, tourism, parks
and recreation, and agriculture; and
(B) which shall--
(i) benchmark technology use across relevant
community sectors;
(ii) set goals for improved technology use
within each sector; and
(iii) develop [NOTE: Plans. Recommenda-
tions.] a tactical business plan for achieving
its goals, with specific recommendations for
online application development and demand
creation;
(6) to work collaboratively with broadband service providers
and information technology companies to encourage deployment and
use, especially in unserved areas and areas in which

[[Page 4101]]
122 STAT. 4101

broadband penetration is significantly below the national
average, through the use of local demand aggregation, mapping
analysis, and the creation of market intelligence to improve the
business case for providers to deploy;
(7) to establish programs to improve computer ownership and
Internet access for unserved areas and areas in which broadband
penetration is significantly below the national average;
(8) to collect and analyze detailed market data concerning
the use and demand for broadband service and related information
technology services;
(9) to facilitate information exchange regarding the use and
demand for broadband services between public and private
sectors; and
(10) to create within each State a geographic inventory map
of broadband service, including the data rate benchmarks for
broadband service utilized by the Commission to reflect
different speed tiers, which shall--
(A) identify gaps in such service through a method
of geographic information system mapping of service
availability based on the geographic boundaries of where
service is available or unavailable among residential or
business customers; and
(B) provide a baseline assessment of statewide
broadband deployment in terms of households with high-
speed availability.

(f) Participation Limit.--For each State, an eligible entity may not
receive a new grant under this section to fund the activities described
in subsection (d) within such State if such organization obtained prior
grant awards under this section to fund the same activities in that
State in each of the previous 4 consecutive years.
(g) Reporting; Broadband Inventory Map.--The Secretary of Commerce
shall--
(1) require each recipient of a grant under subsection (b)
to submit a report on the use of the funds provided by the
grant; and
(2) create [NOTE: Web site.] a web page on the Department
of Commerce website that aggregates relevant information made
available to the public by grant recipients, including, where
appropriate, hypertext links to any geographic inventory maps
created by grant recipients under subsection (e)(10).

(h) Access to Aggregate Data.--
(1) In general.--Subject to paragraph (2), the Commission
shall provide eligible entities access, in electronic form, to
aggregate data collected by the Commission based on the Form 477
submissions of broadband service providers.
(2) Limitation.--Notwithstanding any provision of Federal or
State law to the contrary, an eligible entity shall treat any
matter that is a trade secret, commercial or financial
information, or privileged or confidential, as a record not
subject to public disclosure except as otherwise mutually agreed
to by the broadband service provider and the eligible
entity. [NOTE: Applicability.] This paragraph applies only to
information submitted by the Commission or a broadband provider
to carry out the provisions of this title and shall not
otherwise limit or affect the rules

[[Page 4102]]
122 STAT. 4102

governing public disclosure of information collected by any
Federal or State entity under any other Federal or State law or
regulation.

(i) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) an entity that is either--
(i) an agency or instrumentality of a State,
or a municipality or other subdivision (or agency
or instrumentality of a municipality or other
subdivision) of a State;
(ii) a nonprofit organization that is
described in section 501(c)(3) of the Internal
Revenue Code of 1986 and that is exempt from
taxation under section 501(a) of such Code; or
(iii) an independent agency or commission in
which an office of a State is a member on behalf
of the State; and
(B) is the single eligible entity in the State that
has been designated by the State to receive a grant
under this section.

(j) No Regulatory Authority.--Nothing in this section shall be
construed as giving any public or private entity established or affected
by this title any regulatory jurisdiction or oversight authority over
providers of broadband services or information technology.

TITLE II--PROTECTING [NOTE: Protecting Children in the 21st Century
Act.] CHILDREN

SEC. 201. SHORT TITLE; TABLE OF CONTENTS.

(a) Short [NOTE: 15 USC 6551 note.] Title.--This title may be
cited as the ``Protecting Children in the 21st Century Act''.

(b) Table of Contents.--The table of contents for this title is as
follows:

Sec. 201. Short title; table of contents.

SUBTITLE A--PROMOTING A SAFE INTERNET FOR CHILDREN

Sec. 211. Internet safety.
Sec. 212. Public awareness campaign.
Sec. 213. Annual reports.
Sec. 214. Online safety and technology working group.
Sec. 215. Promoting online safety in schools.
Sec. 216. Definitions.

SUBTITLE B--ENHANCING CHILD PORNOGRAPHY ENFORCEMENT

Sec. 221. Child pornography prevention; forfeitures related to child
pornography violations.

SUBTITLE A--PROMOTING A SAFE INTERNET FOR CHILDREN

SEC. 211. [NOTE: 15 USC 6551.] INTERNET SAFETY.

For the purposes of this title, the issue of Internet safety
includes issues regarding the use of the Internet in a manner that
promotes safe online activity for children, protects children

[[Page 4103]]
122 STAT. 4103

from cybercrimes, including crimes by online predators, and helps
parents shield their children from material that is inappropriate for
minors.

SEC. 212. [NOTE: 15 USC 6552.] PUBLIC AWARENESS CAMPAIGN.

The Federal Trade Commission shall carry out a nationwide program to
increase public awareness and provide education regarding strategies to
promote the safe use of the Internet by children. The program shall
utilize existing resources and efforts of the Federal Government, State
and local governments, nonprofit organizations, private technology and
financial companies, Internet service providers, World Wide Web-based
resources, and other appropriate entities, that includes--
(1) identifying, promoting, and encouraging best practices
for Internet safety;
(2) establishing and carrying out a national outreach and
education campaign regarding Internet safety utilizing various
media and Internet-based resources;
(3) facilitating access to, and the exchange of, information
regarding Internet safety to promote up-to-date knowledge
regarding current issues; and
(4) facilitating access to Internet safety education and
public awareness efforts the Commission considers appropriate by
States, units of local government, schools, police departments,
nonprofit organizations, and other appropriate entities.

SEC. 213. [NOTE: 15 USC 6553.] ANNUAL REPORTS.

The Commission shall submit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives not later than March 31 of
each year that describes the activities carried out under section 103 by
the Commission during the preceding calendar year.

SEC. 214. [NOTE: 15 USC 6554.] ONLINE SAFETY AND TECHNOLOGY WORKING
GROUP.

(a) Establishment.--Within [NOTE: Deadline.] 90 days after the
date of enactment of this Act, the Assistant Secretary of Commerce for
Communications and Information shall establish an Online Safety and
Technology working group comprised of representatives of relevant
sectors of the business community, public interest groups, and other
appropriate groups and Federal agencies to review and evaluate--
(1) the status of industry efforts to promote online safety
through educational efforts, parental control technology,
blocking and filtering software, age-appropriate labels for
content or other technologies or initiatives designed to promote
a safe online environment for children;
(2) the status of industry efforts to promote online safety
among providers of electronic communications services and remote
computing services by reporting apparent child pornography under
section 13032 of title 42, United States Code, including any
obstacles to such reporting;
(3) the practices of electronic communications service
providers and remote computing service providers related to
record retention in connection with crimes against children; and
(4) the development of technologies to help parents shield
their children from inappropriate material on the Internet.

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122 STAT. 4104

(b) Report.--Within 1 year after the working group is first
convened, it shall submit a report to the Assistant Secretary, the
Committee on Commerce, Science, and Transportation of the Senate, and
the Committee on Energy and Commerce of the House of Representatives
that--
(1) describes in detail its findings, including any
information related to the effectiveness of such strategies and
technologies and any information about the prevalence within
industry of educational campaigns, parental control
technologies, blocking and filtering software, labeling, or
other technologies to assist parents; and
(2) includes [NOTE: Recommenda- tions.] recommendations as
to what types of incentives could be used or developed to
increase the effectiveness and implementation of such strategies
and technologies.

(c) FACA Not To Apply to Working Group.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the working group.

SEC. 215. PROMOTING ONLINE SAFETY IN SCHOOLS.

Section 254(h)(5)(B) of the Communications Act of 1934 (47 U.S.C.
254(h)(5)(b)) is amended--
(1) by striking ``and'' after the semicolon in clause (i);
(2) by striking ``minors.'' in clause (ii) and inserting
``minors; and''; and
(3) by adding at the end the following:
``(iii) as part of its Internet safety policy
is educating minors about appropriate online
behavior, including interacting with other
individuals on social networking websites and in
chat rooms and cyberbullying awareness and
response.''.

SEC. 216. [NOTE: 15 USC 6555.] DEFINITIONS.

In this title:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Internet.--The term ``Internet'' means collectively the
myriad of computer and telecommunications facilities, including
equipment and operating software, which comprise the
interconnected world-wide network of networks that employ the
Transmission Control Protocol/Internet Protocol, or any
predecessor successor protocols to such protocol, to communicate
information of all kinds by wire or radio.

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122 STAT. 4105

SUBTITLE B--ENHANCING CHILD PORNOGRAPHY ENFORCEMENT

SEC. 221. CHILD PORNOGRAPHY PREVENTION; FORFEITURES RELATED TO CHILD
PORNOGRAPHY VIOLATIONS.

(a) In General.--Section 503(b)(1) of the Communications Act of 1934
(47 U.S.C. 503(b)(1)) is amended by striking ``or 1464'' in subparagraph
(D) and inserting ``1464, or 2252''.

Approved October 10, 2008.

LEGISLATIVE HISTORY--S. 1492:
---------------------------------------------------------------------------

SENATE REPORTS: No. 110-204 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 154 (2008):
Sept. 26, considered and passed Senate.
Sept. 29, considered and passed House, amended.
Sept. 30, Senate concurred in House amendments.