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Title 47 — Telecommunications

Chapter 12 — Broadband

§ 1303. Improving Federal data on broadband

Statutory text

(a)

Omitted

(b)

International comparison

(1)

In general

As part of its report under section 163 of this title, 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 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;

(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 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Broadband Data Improvement Act

    Pub. L. 110–385 title I § 103 · 122 Stat. 4096

    Enacted · 47 U.S.C. § 1303

    Pub. L. 110–385, title I, § 103, Oct. 10, 2008, 122 Stat. 4096

    Source evidence

    Code source credit
    Pub. L. 110–385, title I, § 103, Oct. 10, 2008, 122 Stat. 4096

    Enacted provision · exact public law section
    SEC. 103 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.— Lists. As part of the inquiry required by subsection (b), the Commission 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 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; (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.

  2. Energy and Water Development and Related Agencies Appropriations Act, 2018

    Pub. L. 115–141 div. P title IV § 402(c) · 132 Stat. 348

    Substituted · 47 U.S.C. § 1303(b)(1)

    Pub. L. 115–141 substituted “its report under section 163 of this title, the Federal Communications Commission” for “the assessment and report required by section 1302 of this title, the Federal Communications Commission”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 115–141 substituted “its report under section 163 of this title, the Federal Communications Commission” for “the assessment and report required by section 1302 of this title, the Federal Communications Commission”.

    Enacted provision · exact public law section
    (c) Except as provided in subsections (a), (b), and (d), the amounts made available by this title for “Nuclear Regulatory Commission—Salaries and Expenses” shall be expended as directed in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).

2 of 2 references resolved to an enrolled provision

Editorial Notes

Codification
Amendments

2018—Subsec. (b)(1). Pub. L. 115–141 substituted “its report under section 163 of this title, the Federal Communications Commission” for “the assessment and report required by section 1302 of this title, the Federal Communications Commission”.

Credits

2008–2018 · 2 acts
  1. 2008Pub. L. 110–385, title I, § 103, , 122 Stat. 4096
  2. 2018Pub. L. 115–141, div. P, title IV, § 402(c), , 132 Stat. 1089.
Show as published

(Pub. L. 110–385, title I, § 103, , 122 Stat. 4096; Pub. L. 115–141, div. P, title IV, § 402(c), , 132 Stat. 1089.)

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