12 2 STA T .4 1 0 1 PUBLIC LA W 110 –385—O CT. 10 , 2008 broad ba n d pe ne t rat i oni s si g ni f i c ant ly belo w t h e national a v er - age , thro u gh the use of local de m and aggregation, mapping analysis, and the creation of mar k et intelligence to improve the business case for providers to deploy
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to establish programs to improve computer ownership and I nternet access for unserved areas and areas in which broadband penetration is significantly below the national aver- age; ( 8 ) to collect and analy z e detailed market data concerning the use and demand for broadband service and related informa- tion technology services; ( 9 ) to facilitate information e x change regarding the use and demand for broadband services between public and private sectors; and ( 10 ) to create within each S tate a geographic inventory map of broadband service, including the data rate benchmarks for broadband service utilized by the C ommission to reflect different speed tiers, which shall — ( A ) identify gaps in such service through a method of geographic information system mapping of service avail- ability 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) PARTIC I P ATI ONL I M IT.— F or 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) RE PORTIN G
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DB AND IN V ENTOR YM AP.— T he Secretary of Commerce shall— (1) re q uire 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 a web page on the D epartment 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) ACCE S S TO AGGREGATE DATA.— (1) IN GENERA L .—Sub j ect to paragraph (2), the Commission shall provide eligible entities access, in electronic form, to aggre- gate data collected by the Commission based on the Form 477 submissions of broadband service providers. (2) LIMITATION.— N otwithstanding 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. 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 Ap p licab ili ty.We b s ite.
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