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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 2269, 4021, 4114         PRINTER'S NO. 4378

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1490 Session of 2007


        INTRODUCED BY EACHUS, DALEY, HARKINS, M. O'BRIEN, PASHINSKI,
           BELFANTI, GEORGE, JOSEPHS, LEVDANSKY, HORNAMAN, KULA,
           McILVAINE SMITH, CURRY, MUNDY, K. SMITH, STABACK, SURRA,
           BRENNAN, HESS, MAHONEY, GALLOWAY, GERGELY, SWANGER, LEACH,
           WAGNER, CAPPELLI, J. WHITE, GIBBONS AND PRESTON, JULY 9, 2007

        SENATOR WONDERLING, COMMUNICATIONS AND TECHNOLOGY, IN SENATE, AS
           AMENDED, SEPTEMBER 18, 2008

                                     AN ACT

     1  Relating to broadband deployment, mapping and availability.

     2     The General Assembly of the Commonwealth of Pennsylvania
     3  hereby enacts as follows:
     4  Section 1.  Short title.
     5     This act shall be known and may be cited as the Broadband
     6  Deployment, Mapping and Availability Act.
     7  Section 2.  Declaration of policy.
     8     The following is declared to be the policy of the General
     9  Assembly:
    10         (1)  Broadband availability is a critical factor of
    11     economic development to stimulate commerce and increase job
    12     creation and retention in this Commonwealth.
    13         (2)  High-speed Internet access, or broadband, is
    14     essential infrastructure that has been proven to stimulate
    15     economic development, create jobs and increase property

     1     values and tax receipts.
     2         (3)  The deployment and adoption of broadband technology
     3     has resulted in enhanced economic development and public
     4     safety, improved health care and educational opportunities
     5     and a better quality of life for all Pennsylvanians.
     6         (4)  A Statewide broadband and advanced service inventory
     7     established in 66 Pa.C.S. § 3014(m) (relating to network
     8     modernization plans) is a vital building block to a more
     9     informed broadband policy.
    10         (5)  Improving data collection and mapping of the
    11     deployment and adoption of broadband and advanced services
    12     will assist in identifying any underserved areas and
    13     utilizing existing resources to trigger the deployment of
    14     broadband and advanced services in such areas.
    15         (6)  The General Assembly recognizes and encourages
    16     complementary State efforts to improve the quality and
    17     usefulness of broadband and advanced service data collected
    18     at the Department of Community and Economic Development as
    19     required under 66 Pa.C.S. Ch. 30 (relating to alternative
    20     form of regulation of telecommunications services).
    21         (7)  The General Assembly continues to encourage and
    22     support the established partnership between public and
    23     private sectors in the universal deployment of broadband
    24     services as mandated under 66 Pa.C.S. § 3014(c) for the
    25     residents and businesses of this Commonwealth.
    26  Section 3.  Mapping and report.
    27     The Department of Community and Economic Development shall
    28  work collaboratively with alternative service providers,
    29  advanced service providers, broadband service providers and
    30  information technology companies, as mandated under 66 Pa.C.S. §
    20070H1490B4378                  - 2 -     

     1  3014(m) (relating to network modernization plans) in order to:
     2         (1)  Maintain and update the Commonwealth's broadband and
     3     advanced service inventory map on its Internet website no
     4     less than on a monthly basis to:
     5             (i)  identify broadband and advanced service
     6         penetration levels through a method of geographic
     7         information system mapping of service availability;
     8             (ii)  utilize existing State programs to aggregate
     9         demand for the increased deployment of high-speed          <--
    10         broadband and advanced service in any underserved areas;
    11         and
    12             (iii)  provide a baseline and ongoing assessment of
    13         Statewide broadband and advanced service deployment in
    14         terms of total households with high-speed broadband        <--
    15         availability.
    16         (2)  Upon direction by and consultation with the
    17     Department of Community and Economic Development, local
    18     development districts, as defined under 66 Pa.C.S. § 3012
    19     (relating to definitions) shall be authorized to establish e-
    20     community teams to develop proposals for achieving greater
    21     use of technology in local communities and to increase the
    22     deployment of broadband and advanced services in any           <--
    23     underserved communities. The e-community teams shall include
    24     providers of broadband and advanced services, economic
    25     development organizations, AND labor organizations and,        <--
    26     TECHNOLOGY providers of technology, education and health care  <--
    27     PROVIDERS and may also include other nongovernmental entities  <--
    28     interested in advancing the goals of this act.
    29         (3)  Encourage programs to improve INCREASE computer       <--
    30     ownership and, Internet access for disenfranchised AND         <--
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     1     BROADBAND AVAILABILITY TO UNDERSERVED populations across this
     2     Commonwealth.
     3         (4)  Protect the confidentiality of trade secrets and
     4     other proprietary business information of alternative service
     5     providers, broadband service providers and information
     6     service providers.
     7         (5)  Issue an annual report to the General Assembly
     8     detailing its efforts to map broadband and advanced service
     9     availability throughout this Commonwealth, identify
    10     underserved areas and assist in the increased MAKE             <--
    11     RECOMMENDATIONS ON WAYS TO INCREASE THE deployment of high-    <--
    12     speed broadband and advanced services under existing State
    13     programs.
    14  Section 4.  Contracting with a nonprofit.
    15     The Department of Community and Economic Development may
    16  contract with a nonprofit organization to accomplish the
    17  objectives set forth under section 3(1) and (3), subject to the
    18  confidentiality requirements set forth under section 3(4).
    19  Section 20.  Effective date.
    20     This act shall take effect immediately.







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