2017 Small Business Broadband Deployment Act S228

Senate Bill 228 — Small Business Broadband Deployment Act of 2017


Summary, emphases, and [comments], below, by Scientists For Wired Technology (‘S4WT’).

Bill Summary: S.228

The Bill states the following:

  • For a period of five years, this bill relieves "small business" Internet Service Providers from certain FCC reporting requirements.
  • A "small business" means any provider of broadband Internet access service that has not more than 250,000 subscribers

Bill Text S.228

115th CONGRESS, 1st Session

To ensure that small business providers of broadband Internet access service can devote resources to broadband deployment rather than compliance with cumbersome regulatory requirements, and for other purposes.

IN THE SENATE OF THE UNITED STATES
January 24, 2017
Mr. Daines (for himself and Mr. Manchin) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation.

A BILL to ensure that small business providers of broadband Internet access service can devote resources to broadband deployment rather than compliance with cumbersome regulatory requirements, and for other purposes.

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

SECTION 1. Short title.

This Act may be cited as the “Small Business Broadband Deployment Act of 2017”.

SEC. 2. Small business exemption.

(a) Definitions. — In this section —

   (1) the term “appropriate congressional committees” means —

      (A) the Committee on Commerce, Science, and Transportation of the Senate; and

      (B) the Committee on Energy and Commerce of the House of Representatives;

   (2) the term “broadband Internet access service” has the meaning given the term in section 8.2 of title 47, Code of Federal Regulations;

47 CFR 8.2 – Definitions, 8.2 Definitions.

(a) Broadband Internet access service. A mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all Internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up Internet access service. This term also encompasses any service that the Commission finds to be providing a functional equivalent of the service described in the previous sentence, or that is used to evade the protections set forth in this part.

(b) Edge provider. Any individual or entity that provides any content, application, or service over the Internet, and any individual or entity that provides a device used for accessing any content, application, or service over the Internet.

(c) End user. Any individual or entity that uses a broadband Internet access service.

(d) Fixed broadband Internet access service. A broadband Internet access service that serves end users primarily at fixed endpoints using stationary equipment. Fixed broadband Internet access service includes fixed wireless services (including fixed unlicensed wireless services), and fixed satellite services.

(e) Mobile broadband Internet access service. A broadband Internet access service that serves end users primarily using mobile stations.

   (3) the term “Commission” means the Federal Communications Commission; and

   (4) the term “small business” means any provider of broadband Internet access service that has not more than 250,000 subscribers.

(b) Exception for small businesses. — The enhancements to the transparency rule of the Commission under section 8.3 of title 47, Code of Federal Regulations, as described in paragraphs 162 through 184 of the Report and Order on Remand, Declaratory Ruling, and Order of the Commission with regard to protecting and promoting the open Internet (adopted by the Commission on February 26, 2015) (FCC 15–24), shall not apply to any small business.

(c) Sunset. — Subsection (b) shall not have any force or effect after the date that is 5 years after the date of enactment of this Act.

(d) Report by FCC. — Not later than 180 days after the date of enactment of this Act, the Commission shall submit to the appropriate congressional committees a report that contains the recommendations of the Commission, and data supporting those recommendations, regarding whether —

   (1) the exception provided under subsection (b) should be made permanent; and

   (2) the definition of the term “small business” for the purposes of the exception provided under subsection (b) should be modified from the definition in subsection (a)(4).