[Senate Report 116-274]
[From the U.S. Government Publishing Office]
Calendar No. 567
116th Congress} { Report
SENATE
2d Session } { 116-274
======================================================================
ADVANCING CRITICAL CONNECTIVITY EXPANDS SERVICE, SMALL BUSINESS
RESOURCES, OPPORTUNITIES, ACCESS, AND DATA BASED ON ASSESSED NEED AND
DEMAND ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1046
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
October 1, 2020.--Ordered to be printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
WASHINGTON : 2020
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SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred sixteenth congress
second session
ROGER F. WICKER, Mississippi, Chairman
JOHN THUNE, South Dakota MARIA CANTWELL, Washington
ROY BLUNT, Missouri AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska TOM UDALL, New Mexico
CORY GARDNER, Colorado GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West Virginia TAMMY DUCKWORTH, Illinois
MIKE LEE, Utah JON TESTER, Montana
RON JOHNSON, Wisconsin KYRSTEN SINEMA, Arizona
TODD C. YOUNG, Indiana JACKY ROSEN, Nevada
RICK SCOTT, Florida
John Keast, Staff Director
David Strickland, Minority Staff Director
Calendar No. 567
116th Congress} { Report
SENATE
2d Session } { 116-274
======================================================================
ADVANCING CRITICAL CONNECTIVITY EXPANDS SERVICE, SMALL BUSINESS
RESOURCES, OPPORTUNITIES, ACCESS, AND DATA BASED ON ASSESSED NEED AND
DEMAND ACT
_______
October 1, 2020.--Ordered to be printed
_______
Mr. Wicker, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1046]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1046) to establish the Office
of Internet Connectivity and Growth, and for other purposes,
having considered the same, reports favorably thereon with an
amendment (in the nature of a substitute) and recommends that
the bill (as amended) do pass.
PURPOSE OF THE BILL
The purpose of S. 1046 is to create a new Office of
Internet Connectivity and Growth (Office) within the National
Telecommunications and Information Administration (NTIA),
tasked with performing certain responsibilities related to
broadband access, adoption, and deployment.
BACKGROUND AND NEEDS
The United States faces a persistent digital divide.
Although more than 98 percent of Americans have access to high-
speed broadband,\1\ over 20 million Americans are still without
such service.\2\ The Federal Government has established a
number of programs designed to increase access to broadband in
urban, suburban, rural, Tribal, and remote areas across the
country. In addition to the Universal Service Fund programs
managed by the Federal Communications Commission (FCC), several
other Federal agencies run programs that provide funding to
support broadband access or adoption.
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\1\High-speed broadband is defined as fixed terrestrial service at
25 megabits per second (Mbps) download speeds and 3 Mbps upload speeds
and mobile long-term evolution (LTE) service at 5 Mbps/1 Mbps.
\2\Federal Communications Commission, Inquiry Concerning Deployment
of Advanced Telecommunications Capability to All Americans in a
Reasonable and Timely Fashion, 2019 Broadband Deployment Report, GN
docket no. 18-238 at para. 2, released May 29, 2019 (https://
docs.fcc.gov/public/attachments/FCC-19-44A1.pdf) (accessed May 18,
2020).
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Navigating the myriad Federal broadband support programs
can be challenging for entities seeking assistance. Not only
are Federal broadband support programs spread across multiple
Executive Branch agencies, but the programs often have
different qualifications and applications; address different
needs; and may not be well-promoted.\3\ Streamlining and
standardizing applications for broadband support across these
programs (to the extent such standardization is possible) and
better promoting these programs to the public can help those
seeking Federal broadband support to access those programs more
efficiently.
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\3\BroadbandUSA, Broadband Funding Guide (https://
broadbandusa.ntia.doc.gov/sites/
default/files/resource-files/bbusa_federalfunding_all_190409.pdf)
(accessed May 18, 2020).
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NTIA has attempted to accomplish some of this
simplification through its BroadbandUSA program. BroadbandUSA
currently serves local and State governments, industry, and
nonprofits that seek to enhance broadband connectivity.\4\ The
program provides online and in-person technical assistance to
communities on how to improve broadband access. It also holds
regional workshops, publishes guides and tools to assist
communities trying to increase broadband access or adoption,
and convenes agencies and broadband stakeholder groups to
promote coordination.\5\ Congress, however, has not formally
authorized this program, and some believe that elevating the
work done by BroadbandUSA into a formal office within NTIA
would give it more credibility outside the Government, more
focus within NTIA leadership, and a more effective platform to
coordinate across Executive Branch broadband programs.
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\4\BroadbandUSA, ``Frequently Asked Questions'' (https://
broadbandusa.ntia.doc.gov/faq-list) (accessed May 18, 2020).
\5\BroadbandUSA, ``How Can We Help'' (https://
broadbandusa.ntia.doc.gov/ntia-common-
content/how-we-can-help) (accessed May 18, 2020).
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S. 1046 seeks to address some of the shortcomings
stakeholders have pointed out with respect to BroadbandUSA and
Federal broadband support programs at large. It would create a
new office within NTIA and confer upon that office certain
specific responsibilities, including attempting to streamline
application processes for those programs.
SUMMARY OF PROVISIONS
S. 1046, as amended, would do the following:
Establish the Office of Internet Connectivity and
Growth within NTIA.
Direct the Office to conduct outreach with local
communities to promote access and adoption of high-
speed broadband service.
Require the Office to work with agencies that offer
a Federal broadband support program (as that term is
defined in the bill) to streamline and standardize the
process for applying for Federal broadband support.
Establish that nothing in the bill is intended to
alter or amend the FCC's Universal Service Fund
programs.
Prohibit the authorization of new appropriations to
carry out this Act.
LEGISLATIVE HISTORY
S. 1046 was introduced on April 4, 2019, by Senator Cortez
Masto (for herself and Senators Gardner, Jones, Johnson,
Baldwin, and Blackburn) and was referred to the Committee on
Commerce, Science and Transportation of the Senate. Senators
Sinema, Rosen, and Peters are additional cosponsors. On March
11, 2020, the Committee met in open Executive Session and, by
voice vote, ordered S. 1046 reported favorably with an
amendment (in the nature of a substitute).
S. 1046 is substantially similar to H.R. 1328, a bill
introduced on February 25, 2019, by Representative Tonko (for
himself and Representative Brooks) and referred to the
Committee on Energy and Commerce in the House of
Representatives. H.R. 1328, as amended, passed the House by
voice vote on May 8, 2019. On May 9, 2019, that bill was
received in the Senate and referred to the Committee on
Commerce, Science, and Transportation.
During the 115th Congress, a similar measure (S. 3346, the
Advancing Critical Connectivity Expands Service, Small Business
Resources, Opportunities, Access, and Data Based on Assessed
Need and Demand Act) was introduced on August 1, 2018, by
Senator Cortez Masto (for herself and Senator Gardner) and was
referred to the Committee on Commerce, Science, and
Transportation of the Senate. Senator Jones was an additional
cosponsor. No further action occurred on that bill. That bill
was reintroduced in the 116th Congress as S. 1046.
ESTIMATED COSTS
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 1046 would direct the National Telecommunications and
Information Administration (NTIA) to establish the Office of
Internet Connectivity and Growth to help communities develop
strategies to expand the deployment and use of high-speed
Internet services. The office would conduct workshops, develop
broadband training, create and distribute publications, consult
with other federal agencies that offer broadband support
programs to streamline and standardize their applications
processes, and develop a central website for information about
federal broadband programs.
Using information from NTIA, CBO estimates that
implementing S. 1046 would cost $8 million over the 2020-2025
period; any spending would be subject to the availability of
appropriated funds. Of that amount, $4 million would be for
five additional employees at NTIA (at an annual cost of about
$170,000 each), $3 million for NTIA to develop and maintain a
central website for federal broadband programs and to
standardize federal agency applications for broadband grant
assistance, and $1 million for other agencies to coordinate
their efforts with NTIA.
The CBO staff contact for this estimate is David Hughes.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
REGULATORY IMPACT STATEMENT
Because S. 1046 does not create any new programs, the
legislation will have no additional regulatory impact, and will
result in no additional reporting requirements. The legislation
will have no further effect on the number or types of
individuals and businesses regulated, the economic impact of
such regulation, the personal privacy of affected individuals,
or the paperwork required from such individuals and businesses.
CONGRESSIONALLY DIRECTED SPENDING
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title.
This section would provide that the bill may be cited as
the ``Advancing Critical Connectivity Expands Service, Small
Business Resources, Opportunities, Access, and Data Based on
Assessed Need and Demand Act'' or the ``ACCESS BROADBAND Act''.
Section 2. Definitions.
This section would define five terms used throughout the
bill. The term ``Federal broadband support program'', in
particular, is defined to include 26 specific broadband
programs overseen by seven Federal agencies that are enumerated
in the bill. Federal broadband support program also is defined
to exclude any Universal Service Fund program. The term
``Assistant Secretary'' is defined to mean the Assistant
Secretary of Commerce for Communications and Information.
Section 3. Establishment of Office of Internet Connectivity and Growth.
Section 3 would require that not later than 180 days after
the enactment of this Act, the Assistant Secretary establish
the Office of Internet Connectivity and Growth (Office) within
NTIA.
Section 4. Duties.
Subsection (a) of section 4 would establish the duties of
the Office. The Office would be tasked with the following:
Connecting with communities that need access to
high-speed internet and improved digital inclusion
efforts through various forms of outreach and
communication techniques;
Holding regional workshops across the United States
to share best practices and effective strategies for
promoting broadband access and adoption;
Developing targeted broadband training and
presentations for various demographic communities
through various media;
Developing and distributing publications (including
toolkits, primers, manuals, and white papers) providing
guidance, strategies, and insights to communities as
the communities develop strategies to expand broadband
access and adoption; and
Cooperating, as applicable, in these efforts with
State agencies that provide similar broadband
investments, outreach, and coordination through Federal
programs.
Subsection (b) of this section would direct the Assistant
Secretary to assign to the Office all activities currently
performed by NTIA that are similar to the activities the Office
is required to conduct by this bill. In particular, the
Committee intends for NTIA to transfer the functions currently
performed by NTIA's BroadbandUSA program to the Office, as
those functions largely overlap with the responsibilities given
to the Office under this bill.
Section 5. Streamlined applications for support.
Subsection (a) of this section would direct the Office to
consult with any agency offering a Federal broadband support
program to streamline and standardize the application process
for grants or other financial assistance from that program.
Subsection (b) of this section would require any agency
offering a Federal broadband support program to amend its
application for broadband support, to the extent practicable
and as necessary, to streamline and standardize applications
for Federal broadband support programs across the Federal
Government.
Under subsection (c) of this section, the Office would be
required, to the greatest extent practicable, to create a
single application that may be submitted to apply for all, or
substantially all, Federal broadband support programs.
Subsection (d) of this section would direct the Office, not
later than 180 days after enactment of this bill, to create a
central website through which a potential applicant can learn
about and apply for support through any Federal broadband
support program.
Section 6. Rule of construction.
This section would establish a rule of construction that
nothing in the ACCESS BROADBAND Act is intended to alter or
amend any provision of section 254 of the Communications Act of
1934.\6\
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\6\47 U.S.C. 254.
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Section 7. No additional funds authorized.
Section 7 would state that no additional funds are
authorized to be appropriated to carry out this Act, and that
the Act shall be carried out using funds otherwise authorized.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee states that the
bill as reported would make no change to existing law.
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