Remember this post, A Question for (Cuil) Bing Wolfram Squared, from June 3rd? Well, it’s two months later and now Wolfram Alpha’s curated knowledge engine knows the answer to how much water is in the Indian Ocean; but Bing, Cuil, and Squared still do not.

On the other hand, WA still doesn’t know these answers, so where is the Generalized Solution?

* How much water is in the Pacific Ocean?
* How much water is in a gallon of milk?
* How much water is in a teaspoon?

Just sayin’ ;-)

NEVER MIND! The whole premise of this earlier post is pretty much busted by this news. Fact of the matter is that the dedicated can get anything they want from anywhere, anytime. Of all people, I shouldn’t have had to be slapped in the face with that particular cold fish. /ME REDACTED

Here we go again. As we’ve been writing here and elsewhere for years, PayPal also assumes that you’re an 3vi1 h4X0r if you protect yourself from ID theft and other data crimes using COTS encryption. Every time I’ve used my PayPal account over the past two years, using my ID protection, this is the email that comes in — like clockwork — within a few hours: Hello Michael Silverton, As part of our security measures, we regularly screen activity in the PayPal system. During a recent screening, we noticed an issue regarding your account. We have reason to believe that your account was accessed by a third party. We have limited access to sensitive PayPal account features in case your account has been accessed by an unauthorized third party. We understand that having limited access can be an inconvenience, but protecting your account is our primary concern. Case ID Number: PP-aaa-bbb-nnn For your protection, we have limited access to your account until additional security measures can be completed. We apologize for any inconvenience this may cause. To review your account and some or all of the information that PayPal used to make its decision to limit your account access, please visit the Resolution Center. If, after reviewing your account information, you seek further clarification regarding your account access, please contact PayPal by visiting the Help Center and clicking “Contact Us”. We thank you for your prompt attention to this matter. Please understand that this is a security measure intended to help protect you and your account. We apologize for any inconvenience. Thanks, PayPal Account Review Department Please do not reply to this email. This mailbox is not monitored and you will not receive a response. For assistance, log in to your PayPal account and click the Help link in the top right corner of any PayPal page. PayPal Email ID PPxxx Right. “We noticed an issue.” Who writes this dreck? I’ve tried a hundred times to ask PayPal to specify the “issue” and they never do. I’ve volunteered PGP keys; asked to added to a whitelist of anonymizer users; I’m willing to go along with Strong Authentication; but PayPal, Google, and others simply are not willing to support User Managed Encryption in any meaningful way. If I turn off my ID protection before I go to the PayPal site, then this doesn’t happen. I’ve repeated and confirmed this a dozen times, at least. So add PayPal to the list of enemies of encryption, and specifically, to the list of enemies of Anonymizer’s commercial ID protection. Finally, if you’re reading this, please don’t waste your time trying to “explain” to me why this happens. I know exactly why it happens: BIG COMPANIES ARE LAZY CHEAPSKATES. Bloated companies don’t want to support public key encryption, because it’s easier and cheaper to just call all protected traffic “suspect” and ignore legitimate users. Clueful users are such a small proportion of the population that they can safely ignore us; so they do just that.

So, it wasn’t enough that multiple uploads of my profile pic (in each of the prescribed formats: .jpg, .gif, .png) from multiple browsers (IE, Firefox, Chrome, Safari, Opera) and multiple platforms (Mac, PC, Linux) all FAILED with the bogus error that the images were the wrong format. No, that wasn’t enough. When I went to send friendly feedback, I was bitchslapped by some anonymous and clueless developer’s uniformed decision to incorrectly parse the email form data. Again.

This has begun happening more and more in recent years: ignorance of, or just ignoring the RFC’s that define how the internet is supposed to work for all of us. Oh, and by the way, this is even the same email that has been my official WSJ.com email for years.

It’s fairly easy to tell a seasoned software developer from an amateur tinkerer by their response to these situations. The lazy say, “well, you should use Gmail like everyone else.” Fine, I do have a Gmail account; but that’s not the point. The true engineer responds more along the lines of, “yikes, yeah, we need to fix that ASAP.” Engineers pay attention to the “boring details” like unified standards so that we are all able to come to the aid of our friends in situations like the #iranelection. You might think it’s a stupid, boring, geeky detail, until your stuff doesn’t work, right? So, let’s not get lazy, my much-envied emerging interwebz geniuses; they’re called the RFC’s. Let’s stick to ‘em, mkay? And as for nicks and dings to the WSJ brand, don’t even get me started. There is simply no excuse.

A question for these three structured, calculating, semantic fledglings:

How much water is in the Indian Ocean?

According to Bing According to Wolfram According to Squared

Worth disqusing? Or are you just disgusted that it doesn’t work like a perfectly harmless and endearing ambulatory AGI servant, right away? It will be interesting to come back and click those same three links in 3 months, 3 years, 3 decades. Successful innovation is much like successful investing. Your experience of success or lack thereof is inextricably intertwined and interdependent with your individual Risk Profile and Time Horizon. Onward.

xLDen>es GoogleC disqusing

Thank you for the RT’s — greatly appreciated. I hope to get back to more meaningful blogging and tweeting once we get fully settled here in the new digs. In the meantime, #feedly continues its exciting excursion into the new frontier of User Guided, Participatory Design. This embodiment of the now familiar webified version of karma should further help us each to find our unique niche or various areas of effective resonance with the community. Feedly is one of the defining instantiations — like PeopleBrowsr — of an entire new breed of adaptive UI improvements that further prove to me that “The Interface is the Platform.” I consider Feedly to be a bit of a chameleon because it adaptively alters the characteristics of your existing RSS animal to better blend with its current environment. Increasingly, as the browser usurps the desktop and as the exponential proliferation of human-data interactions accelerates, the WAY that we interact with all these data becomes a major, if not primary determinant of human effectiveness: productivity, in the old-world industrial capitalism vernacular, but even that measure is by now increasingly irrelevant outside of meatspace. There is also a natural progression for this interface-as-platform trend toward Brain Computer Interfaces (BCI); but we’ll get to that soon enough. Today, let’s just give Feedly some well deserved RT love, shall we? TIA.

Ubiquitous Massive Symmetric Bandwidth relevent sections of the stimulus package are excerpted for you at http://tr.im/MaybeThisTime

SOURCE DOCUMENT:  HR 1 PP Short URL: http://tr.im/111CongHR1 111th CONGRESS 1st Session H. R. 1 IN THE HOUSE OF REPRESENTATIVES February 10, 2009  TITLE II–COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES

DEPARTMENT OF COMMERCE   

Bureau of Industry and Security   

operations and administration   

For an additional amount for `Operations and Administration’, $20,000,000, to remain available until September 30, 2010.   

Economic Development Administration   

economic development assistance programs   

For an additional amount for `Economic Development Assistance Programs’, $150,000,000, to remain available until September 30, 2010: Provided, That $50,000,000 shall be for economic adjustment assistance as authorized by section 209 of the Public Works and Economic Development Act of 1965, as amended (42 U.S.C. 3149): Provided further, That in allocating the funds provided in the previous proviso, the Secretary of Commerce shall give priority consideration to areas of the Nation that have experienced sudden and severe economic dislocation and job loss due to corporate restructuring.   

Bureau of the Census   

periodic censuses and programs   

For an additional amount for `Periodic Censuses and Programs’, $1,000,000,000, to remain available until September 30, 2010.   

National Telecommunications and Information Administration broadband technology opportunities program   

For an amount for Broadband Technology Opportunities Program’, $7,000,000,000, to remain available until September 30, 2010: Provided, That of the funds provided under this heading, $6,650,000,000 shall be expended pursuant to section 201 of this Act, of which: not less than $200,000,000 shall be available for competitive grants for expanding public computer center capacity, including at community colleges and public libraries; not less than $250,000,000 shall be available for competitive grants for innovative programs to encourage sustainable adoption of broadband service; and $10,000,000 shall be transferred toDepartment of Commerce, Office of Inspector General’ for the purposes of audits and oversight of funds provided under this heading and such funds shall remain available until expended: Provided further, That 50 percent of the funds provided in the previous proviso shall be used to support projects in rural communities, which in part may be transferred to the Department of Agriculture for administration through the Rural Utilities Service if deemed necessary and appropriate by the Secretary of Commerce, in consultation with the Secretary of Agriculture, and only if the Committees on Appropriations of the House and the Senate are notified not less than 15 days in advance of the transfer of such funds: Provided further, That of the funds provided under this heading, up to $350,000,000 may be expended pursuant to Public Law 110-385 (47 U.S.C. 1301 note) and for the purposes of developing and maintaining a broadband inventory map pursuant to section 201 of this Act: Provided further, That of the funds provided under this heading, amounts deemed necessary and appropriate by the Secretary of Commerce, in consultation with the Federal Communications Commission (FCC), may be transferred to the FCC for the purposes of developing a national broadband plan or for carrying out any other FCC responsibilities pursuant to section 201 of this Act, and only if the Committees on Appropriations of the House and the Senate are notified not less than 15 days in advance of the transfer of such funds: Provided further, That not more than 3 percent of funds provided under this heading may be used for administrative costs, and this limitation shall apply to funds which may be transferred to the Department of Agriculture and the FCC.   

digital-to-analog converter box program   

For an amount for Digital-to-Analog Converter Box Program’, $650,000,000, for additional coupons and related activities under the program implemented under section 3005 of the Digital Television Transition and Public Safety Act of 2005, to remain available until September 30, 2010: Provided, That of the amounts provided under this heading, $90,000,000 may be for education and outreach, including grants to organizations for programs to educate vulnerable populations, including senior citizens, minority communities, people with disabilities, low-income individuals, and people living in rural areas, about the transition and to provide one-on-one assistance to vulnerable populations, including help with converter box installation: Provided further, That the amounts provided in the previous proviso may be transferred to the Federal Communications Commission (Commission) if deemed necessary and appropriate by the Secretary of Commerce in consultation with the Commission, and only if the Committees on Appropriations of the House and the Senate are notified not less than 5 days in advance of transfer of such funds: Provided further, That $2,000,000 of funds provided under this heading shall be transferred toDepartment of Commerce, Office of Inspector General’ for audits and oversight of funds provided under this heading. GENERAL PROVISIONS–THIS TITLE

Sec. 201. The Assistant Secretary of Commerce for Communications and Information (Assistant Secretary), in consultation with the Federal Communications Commission (Commission) (and, with respect to rural areas, the Secretary of Agriculture), shall establish a national broadband service development and expansion program in conjunction with the technology opportunities program, which shall be referred to the Broadband Technology Opportunities Program. The Assistant Secretary shall ensure that the program complements and enhances and does not conflict with other Federal broadband initiatives and programs.   

(1) The purposes of the program are to–   

(A) provide access to broadband service to citizens residing in unserved areas of the United States;   

(B) provide improved access to broadband service to citizens residing in underserved areas of the United States;   

(C) provide broadband education, awareness, training, access, equipment, and support to–   

(i) schools, libraries, medical and healthcare providers, community colleges and other institutions of higher education, and other community support organizations and entities to facilitate greater use of broadband service by or through these organizations;   

(ii) organizations and agencies that provide outreach, access, equipment, and support services to facilitate greater use of broadband service by low-income, unemployed, aged, and otherwise vulnerable populations; and   

(iii) job-creating strategic facilities located within a State-designated economic zone, Economic Development District designated by the Department of Commerce, Renewal Community or Empowerment Zone designated by the Department of Housing and Urban Development, or Enterprise Community designated by the Department of Agriculture.   

(D) improve access to, and use of, broadband service by public safety agencies; and   

(E) stimulate the demand for broadband, economic growth, and job creation.   

(2) The Assistant Secretary may consult with the chief executive officer of any State with respect to–   

(A) the identification of areas described in subsection (1)(A) or (B) located in that State; and   

(B) the allocation of grant funds within that State for projects in or affecting the State.   

(3) The Assistant Secretary shall–   

(A) establish and implement the grant program as expeditiously as practicable;   

(B) ensure that all awards are made before the end of fiscal year 2010;   

(C) seek such assurances as may be necessary or appropriate from grantees under the program that they will substantially complete projects supported by the program in accordance with project timelines, not to exceed 2 years following an award; and   

(D) report on the status of the program to the Committees on Appropriations of the House and the Senate, the Committee on Energy and Commerce of the House, and the Committee on Commerce, Science, and Transportation of the Senate, every 90 days.   

(4) To be eligible for a grant under the program an applicant shall–   

(A) be a State or political subdivision thereof, a nonprofit foundation, corporation, institution or association, Indian tribe, Native Hawaiian organization, or other non-governmental entity in partnership with a State or political subdivision thereof, Indian tribe, or Native Hawaiian organization if the Assistant Secretary determines the partnership consistent with the purposes this section;   

(B) submit an application, at such time, in such form, and containing such information as the Assistant Secretary may require;   

(C) provide a detailed explanation of how any amount received under the program will be used to carry out the purposes of this section in an efficient and expeditious manner, including a demonstration that the project would not have been implemented during the grant period without Federal grant assistance;   

(D) demonstrate, to the satisfaction of the Assistant Secretary, that it is capable of carrying out the project or function to which the application relates in a competent manner in compliance with all applicable Federal, State, and local laws;   

(E) demonstrate, to the satisfaction of the Assistant Secretary, that it will appropriate (if the applicant is a State or local government agency) or otherwise unconditionally obligate, from non-Federal sources, funds required to meet the requirements of paragraph (5);   

(F) disclose to the Assistant Secretary the source and amount of other Federal or State funding sources from which the applicant receives, or has applied for, funding for activities or projects to which the application relates; and   

(G) provide such assurances and procedures as the Assistant Secretary may require to ensure that grant funds are used and accounted for in an appropriate manner.   

(5) The Federal share of any project may not exceed 80 percent, except that the Assistant Secretary may increase the Federal share of a project above 80 percent if–   

(A) the applicant petitions the Assistant Secretary for a waiver; and   

(B) the Assistant Secretary determines that the petition demonstrates financial need.   

(6) The Assistant Secretary may make competitive grants under the program to–   

(A) acquire equipment, instrumentation, networking capability, hardware and software, digital network technology, and infrastructure for broadband services;   

(B) construct and deploy broadband service related infrastructure;   

(C) ensure access to broadband service by community anchor institutions;   

(D) facilitate access to broadband service by low-income, unemployed, aged, and otherwise vulnerable populations in order to provide educational and employment opportunities to members of such populations;   

(E) construct and deploy broadband facilities that improve public safety broadband communications services; and   

(F) undertake such other projects and activities as the Assistant Secretary finds to be consistent with the purposes for which the program is established.   

(7) The Assistant Secretary–   

(A) shall require any entity receiving a grant pursuant to this section to report quarterly, in a format specified by the Assistant Secretary, on such entity’s use of the assistance and progress fulfilling the objectives for which such funds were granted, and the Assistant Secretary shall make these reports available to the public;   

(B) may establish additional reporting and information requirements for any recipient of any assistance made available pursuant to this section;   

(C) shall establish appropriate mechanisms to ensure appropriate use and compliance with all terms of any use of funds made available pursuant to this section;   

(D) may, in addition to other authority under applicable law, deobligate awards to grantees that demonstrate an insufficient level of performance, or wasteful or fraudulent spending, as defined in advance by the Assistant Secretary, and award these funds competitively to new or existing applicants consistent with this section; and   

(E) shall create and maintain a fully searchable database, accessible on the Internet at no cost to the public, that contains at least the name of each entity receiving funds made available pursuant to this section, the purpose for which such entity is receiving such funds, each quarterly report submitted by the entity pursuant to this section, and such other information sufficient to allow the public to understand and monitor grants awarded under the program.   

(8) Concurrent with the issuance of the Request for Proposal for grant applications pursuant to this section, the Assistant Secretary shall, in coordination with the Federal Communications Commission, publish the non-discrimination and network interconnection obligations that shall be contractual conditions of grants awarded under this section.   

(9) Within 1 year after the date of enactment of this Act, the Commission shall complete a rulemaking to develop a national broadband plan. In developing the plan, the Commission shall–   

(A) consider the most effective and efficient national strategy for ensuring that all Americans have access to, and take advantage of, advanced broadband services;   

(B) have access to data provided to other Government agencies under the Broadband Data Improvement Act (47 U.S.C. 1301 note);   

(C) evaluate the status of deployments of broadband service, including the progress of projects supported by the grants made pursuant to this section; and   

(D) develop recommendations for achieving the goal of nationally available broadband service for the United States and for promoting broadband adoption nationwide.   

(10) The Assistant Secretary shall develop and maintain a comprehensive nationwide inventory map of existing broadband service capability and availability in the United States that entities and depicts the geographic extent to which broadband service capability is deployed and available from a commercial provider or public provider throughout each State: Provided, That not later than 2 years after the date of the enactment of the Act, the Assistant Secretary shall make the broadband inventory map developed and maintained pursuant to this section accessible to the public.   

Sec. 202. The Assistant Secretary of Commerce for Communications and Information may reissue any coupon issued under section 3005(a) of the Digital Television Transition and Public Safety Act of 2005 that has expired before use, and shall cancel any unredeemed coupon reported as lost and may issue a replacement coupon for the lost coupon. PART VIII–Broadband Incentives Sec. 1271. Broadband Internet access tax credit. PART VIII–BROADBAND INCENTIVES

SEC. 1271. BROADBAND INTERNET ACCESS TAX CREDIT.   

(a) In General- Subpart E of part IV of chapter 1 of the Internal Revenue Code of 1986 (relating to rules for computing investment credit), as amended by this Act, is amended by inserting after section 48C the following new section:   

`SEC. 48D. BROADBAND INTERNET ACCESS CREDIT.   

`(a) General Rule- For purposes of section 46, the broadband credit for any taxable year is the sum of–   

`(1) the current generation broadband credit, plus   

`(2) the next generation broadband credit.   

`(b) Current Generation Broadband Credit; Next Generation Broadband Credit- For purposes of this section–   

`(1) CURRENT GENERATION BROADBAND CREDIT- The current generation broadband credit for any taxable year is equal to 10 percent (20 percent in the case of qualified subscribers which are unserved subscribers) of the qualified broadband expenditures incurred with respect to qualified equipment providing current generation broadband services to qualified subscribers and taken into account with respect to such taxable year.   

`(2) NEXT GENERATION BROADBAND CREDIT- The next generation broadband credit for any taxable year is equal to 20 percent of the qualified broadband expenditures incurred with respect to qualified equipment providing next generation broadband services to qualified subscribers and taken into account with respect to such taxable year.   

`(c) When Expenditures Taken Into Account- For purposes of this section–   

`(1) IN GENERAL- Qualified broadband expenditures with respect to qualified equipment shall be taken into account with respect to the first taxable year in which–   

`(A) current generation broadband services are provided through such equipment to qualified subscribers, or   

`(B) next generation broadband services are provided through such equipment to qualified subscribers.   

`(2) LIMITATION-   

`(A) IN GENERAL- Qualified broadband expenditures shall be taken into account under paragraph (1) only with respect to qualified equipment–   

`(i) the original use of which commences with the taxpayer, and   

`(ii) which is placed in service, after December 31, 2008, and before January 1, 2011.   

`(B) SALE-LEASEBACKS- For purposes of subparagraph (A), if property–   

`(i) is originally placed in service after December 31, 2008, by any person, and   

`(ii) sold and leased back by such person within 3 months after the date such property was originally placed in service,   

such property shall be treated as originally placed in service not earlier than the date on which such property is used under the leaseback referred to in clause (ii).   

`(d) Special Allocation Rules for Current Generation Broadband Services- For purposes of determining the current generation broadband credit under subsection (a)(1) with respect to qualified equipment through which current generation broadband services are provided, if the qualified equipment is capable of serving both qualified subscribers and other subscribers, the qualified broadband expenditures shall be multiplied by a fraction–   

`(1) the numerator of which is the sum of the number of potential qualified subscribers within the rural areas and the underserved areas and the unserved areas which the equipment is capable of serving with current generation broadband services, and   

`(2) the denominator of which is the total potential subscriber population of the area which the equipment is capable of serving with current generation broadband services.   

`(e) Definitions- For purposes of this section–   

(1) ANTENNA- The termantenna’ means any device used to transmit or receive signals through the electromagnetic spectrum, including satellite equipment.   

(2) CABLE OPERATOR- The termcable operator’ has the meaning given such term by section 602(5) of the Communications Act of 1934 (47 U.S.C. 522(5)).   

(3) COMMERCIAL MOBILE SERVICE CARRIER- The termcommercial mobile service carrier’ means any person authorized to provide commercial mobile radio service as defined in section 20.3 of title 47, Code of Federal Regulations.   

(4) CURRENT GENERATION BROADBAND SERVICE- The termcurrent generation broadband service’ means the transmission of signals at a rate of at least 5,000,000 bits per second to the subscriber and at least 1,000,000 bits per second from the subscriber (at least 3,000,000 bits per second to the subscriber and at least 768,000 bits per second from the subscriber in the case of service through radio transmission of energy).   

(5) MULTIPLEXING OR DEMULTIPLEXING- The termmultiplexing’ means the transmission of 2 or more signals over a single channel, and the term `demultiplexing’ means the separation of 2 or more signals previously combined by compatible multiplexing equipment.   

(6) NEXT GENERATION BROADBAND SERVICE- The termnext generation broadband service’ means the transmission of signals at a rate of at least 100,000,000 bits per second to the subscriber (or its equivalent when the data rate is measured before being compressed for transmission) and at least 20,000,000 bits per second from the subscriber (or its equivalent as so measured).   

(7) NONRESIDENTIAL SUBSCRIBER- The termnonresidential subscriber’ means any person who purchases broadband services which are delivered to the permanent place of business of such person.   

(8) OPEN VIDEO SYSTEM OPERATOR- The termopen video system operator’ means any person authorized to provide service under section 653 of the Communications Act of 1934 (47 U.S.C. 573).   

(9) OTHER WIRELESS CARRIER- The termother wireless carrier’ means any person (other than a telecommunications carrier, commercial mobile service carrier, cable operator, open video system operator, or satellite carrier) providing current generation broadband services or next generation broadband service to subscribers through the radio transmission of energy.   

(10) PACKET SWITCHING- The termpacket switching’ means controlling or routing the path of a digitized transmission signal which is assembled into packets or cells.   

(11) PROVIDER- The termprovider’ means, with respect to any qualified equipment any–   

`(A) cable operator,   

`(B) commercial mobile service carrier,   

`(C) open video system operator,   

`(D) satellite carrier,   

`(E) telecommunications carrier, or   

`(F) other wireless carrier,   

providing current generation broadband services or next generation broadband services to subscribers through such qualified equipment.   

`(12) PROVISION OF SERVICES- A provider shall be treated as providing services to 1 or more subscribers if–   

`(A) such a subscriber has been passed by the provider’s equipment and can be connected to such equipment for a standard connection fee,   

`(B) the provider is physically able to deliver current generation broadband services or next generation broadband services, as applicable, to such a subscriber without making more than an insignificant investment with respect to such subscriber,   

`(C) the provider has made reasonable efforts to make such subscribers aware of the availability of such services,   

`(D) such services have been purchased by 1 or more such subscribers, and   

`(E) such services are made available to such subscribers at average prices comparable to those at which the provider makes available similar services in any areas in which the provider makes available such services.   

`(13) QUALIFIED EQUIPMENT-   

(A) IN GENERAL- The termqualified equipment’ means property with respect to which depreciation (or amortization in lieu of depreciation) is allowable and which provides current generation broadband services or next generation broadband services–   

`(i) at least a majority of the time during periods of maximum demand to each subscriber who is utilizing such services, and   

`(ii) in a manner substantially the same as such services are provided by the provider to subscribers through equipment with respect to which no credit is allowed under subsection (a)(1).   

`(B) ONLY CERTAIN INVESTMENT TAKEN INTO ACCOUNT- Except as provided in subparagraph (C) or (D), equipment shall be taken into account under subparagraph (A) only to the extent it–   

`(i) extends from the last point of switching to the outside of the unit, building, dwelling, or office owned or leased by a subscriber in the case of a telecommunications carrier or broadband-over-powerline operator,   

`(ii) extends from the customer side of the mobile telephone switching office to a transmission/receive antenna (including such antenna) owned or leased by a subscriber in the case of a commercial mobile service carrier,   

`(iii) extends from the customer side of the headend to the outside of the unit, building, dwelling, or office owned or leased by a subscriber in the case of a cable operator or open video system operator, or   

`(iv) extends from a transmission/receive antenna (including such antenna) which transmits and receives signals to or from multiple subscribers, to a transmission/receive antenna (including such antenna) on the outside of the unit, building, dwelling, or office owned or leased by a subscriber in the case of a satellite carrier or other wireless carrier, unless such other wireless carrier is also a telecommunications carrier.   

`(C) PACKET SWITCHING EQUIPMENT- Packet switching equipment, regardless of location, shall be taken into account under subparagraph (A) only if it is deployed in connection with equipment described in subparagraph (B) and is uniquely designed to perform the function of packet switching for current generation broadband services or next generation broadband services, but only if such packet switching is the last in a series of such functions performed in the transmission of a signal to a subscriber or the first in a series of such functions performed in the transmission of a signal from a subscriber.   

`(D) MULTIPLEXING AND DEMULTIPLEXING EQUIPMENT- Multiplexing and demultiplexing equipment shall be taken into account under subparagraph (A) only to the extent it is deployed in connection with equipment described in subparagraph (B) and is uniquely designed to perform the function of multiplexing and demultiplexing packets or cells of data and making associated application adaptions, but only if such multiplexing or demultiplexing equipment is located between packet switching equipment described in subparagraph (C) and the subscriber’s premises.   

`(14) QUALIFIED BROADBAND EXPENDITURE-   

(A) IN GENERAL- The termqualified broadband expenditure’ means any amount–   

`(i) chargeable to capital account with respect to the purchase and installation of qualified equipment (including any upgrades thereto) for which depreciation is allowable under section 168, and   

`(ii) incurred after December 31, 2008, and before January 1, 2011.   

`(B) CERTAIN SATELLITE EXPENDITURES EXCLUDED- Such term shall not include any expenditure with respect to the launching of any satellite equipment.   

`(C) LEASED EQUIPMENT- Such term shall include so much of the purchase price paid by the lessor of equipment subject to a lease described in subsection (c)(2)(B) as is attributable to expenditures incurred by the lessee which would otherwise be described in subparagraph (A).   

(15) QUALIFIED SUBSCRIBER- The termqualified subscriber’ means–   

`(A) with respect to the provision of current generation broadband services–   

`(i) any nonresidential subscriber maintaining a permanent place of business in a rural area, an underserved area, or an unserved area, or   

`(ii) any residential subscriber residing in a dwelling located in a rural area, an underserved area, or an unserved area which is not a saturated market, and   

`(B) with respect to the provision of next generation broadband services–   

`(i) any nonresidential subscriber maintaining a permanent place of business in a rural area, an underserved area, or an unserved area , or   

`(ii) any residential subscriber.   

(16) RESIDENTIAL SUBSCRIBER- The termresidential subscriber’ means any individual who purchases broadband services which are delivered to such individual’s dwelling.   

(17) RURAL AREA- The termrural area’ means any census tract which–   

`(A) is not within 10 miles of any incorporated or census designated place containing more than 25,000 people, and   

`(B) is not within a county or county equivalent which has an overall population density of more than 500 people per square mile of land.   

(18) RURAL SUBSCRIBER- The termrural subscriber’ means any residential subscriber residing in a dwelling located in a rural area or nonresidential subscriber maintaining a permanent place of business located in a rural area.   

(19) SATELLITE CARRIER- The termsatellite carrier’ means any person using the facilities of a satellite or satellite service licensed by the Federal Communications Commission and operating in the Fixed-Satellite Service under part 25 of title 47 of the Code of Federal Regulations or the Direct Broadcast Satellite Service under part 100 of title 47 of such Code to establish and operate a channel of communications for distribution of signals, and owning or leasing a capacity or service on a satellite in order to provide such point-to-multipoint distribution.   

(20) SATURATED MARKET- The termsaturated market’ means any census tract in which, as of the date of the enactment of this section–   

`(A) current generation broadband services have been provided by a single provider to 85 percent or more of the total number of potential residential subscribers residing in dwellings located within such census tract, and   

`(B) such services can be utilized–   

`(i) at least a majority of the time during periods of maximum demand by each such subscriber who is utilizing such services, and   

`(ii) in a manner substantially the same as such services are provided by the provider to subscribers through equipment with respect to which no credit is allowed under subsection (a)(1).   

(21) SUBSCRIBER- The termsubscriber’ means any person who purchases current generation broadband services or next generation broadband services.   

(22) TELECOMMUNICATIONS CARRIER- The termtelecommunications carrier’ has the meaning given such term by section 3(44) of the Communications Act of 1934 (47 U.S.C. 153(44)), but–   

`(A) includes all members of an affiliated group of which a telecommunications carrier is a member, and   

`(B) does not include any commercial mobile service carrier.   

(23) TOTAL POTENTIAL SUBSCRIBER POPULATION- The termtotal potential subscriber population’ means, with respect to any area and based on the most recent census data, the total number of potential residential subscribers residing in dwellings located in such area and potential nonresidential subscribers maintaining permanent places of business located in such area.   

(24) UNDERSERVED AREA- The termunderserved area’ means any census tract which is located in–   

`(A) an empowerment zone or enterprise community designated under section 1391,   

`(B) the District of Columbia Enterprise Zone established under section 1400,   

`(C) a renewal community designated under section 1400E, or   

`(D) a low-income community designated under section 45D.   

(25) UNDERSERVED SUBSCRIBER- The termunderserved subscriber’ means any residential subscriber residing in a dwelling located in an underserved area or nonresidential subscriber maintaining a permanent place of business located in an underserved area.   

(26) UNSERVED AREA- The termunserved area’ means any census tract in which no current generation broadband services are provided, as certified by the State in which such tract is located not later than September 30, 2009.   

(27) UNSERVED SUBSCRIBER- The termunserved subscriber’ means any residential subscriber residing in a dwelling located in an unserved area or nonresidential subscriber maintaining a permanent place of business located in an unserved area.’.   

(b) Credit To Be Part of Investment Credit- Section 46 (relating to the amount of investment credit), as amended by this Act, is amended by striking and’ at the end of paragraph (4), by striking the period at the end of paragraph (5) and inserting, and’, and by adding at the end the following:   

`(6) the broadband Internet access credit.’   

(c) Special Rule for Mutual or Cooperative Telephone Companies- Section 501(c)(12)(B) (relating to list of exempt organizations) is amended by striking or’ at the end of clause (iii), by striking the period at the end of clause (iv) and inserting, or’, and by adding at the end the following new clause:   

`(v) from the sale of property subject to a lease described in section 48D(c)(2)(B), but only to the extent such income does not in any year exceed an amount equal to the credit for qualified broadband expenditures which would be determined under section 48D for such year if the mutual or cooperative telephone company was not exempt from taxation and was treated as the owner of the property subject to such lease.’.   

(d) Conforming Amendments-   

(1) Section 49(a)(1)(C), as amended by this Act, is amended by striking and’ at the end of clause (iv), by striking the period at the end of clause (v) and inserting, and’, and by adding after clause (v) the following new clause:   

`(vi) the portion of the basis of any qualified equipment attributable to qualified broadband expenditures under section 48D.’.   

(2) The table of sections for subpart E of part IV of subchapter A of chapter 1, as amended by this Act, is amended by inserting after the item relating to section 48C the following:   

`Sec. 48D. Broadband internet access credit’.   

(e) Designation of Census Tracts-   

(1) IN GENERAL- The Secretary of the Treasury shall, not later than 90 days after the date of the enactment of this Act, designate and publish those census tracts meeting the criteria described in paragraphs (17), (23), (24), and (26) of section 48D(e) of the Internal Revenue Code of 1986 (as added by this section). In making such designations, the Secretary of the Treasury shall consult with such other departments and agencies as the Secretary determines appropriate.   

(2) SATURATED MARKET-   

(A) IN GENERAL- For purposes of designating and publishing those census tracts meeting the criteria described in subsection (e)(20) of such section 48D–   

(i) the Secretary of the Treasury shall prescribe not later than 30 days after the date of the enactment of this Act the form upon which any provider which takes the position that it meets such criteria with respect to any census tract shall submit a list of such census tracts (and any other information required by the Secretary) not later than 60 days after the date of the publication of such form, and   

(ii) the Secretary of the Treasury shall publish an aggregate list of such census tracts submitted and the applicable providers not later than 30 days after the last date such submissions are allowed under clause (i).   

(B) NO SUBSEQUENT LISTS REQUIRED- The Secretary of the Treasury shall not be required to publish any list of census tracts meeting such criteria subsequent to the list described in subparagraph (A)(ii).   

(C) AUTHORITY TO DISREGARD FALSE SUBMISSIONS- In addition to imposing any other applicable penalties, the Secretary of the Treasury shall have the discretion to disregard any form described in subparagraph (A)(i) on which a provider knowingly submitted false information.   

(f) Other Regulatory Matters-   

(1) PROHIBITION- No Federal or State agency or instrumentality shall adopt regulations or ratemaking procedures that would have the effect of eliminating or reducing any credit or portion thereof allowed under section 48D of the Internal Revenue Code of 1986 (as added by this section) or otherwise subverting the purpose of this section.   

(2) TREASURY REGULATORY AUTHORITY- It is the intent of Congress in providing the broadband Internet access credit under section 48D of the Internal Revenue Code of 1986 (as added by this section) to provide incentives for the purchase, installation, and connection of equipment and facilities offering expanded broadband access to the Internet for users in certain low income and rural areas of the United States, as well as to residential users nationwide, in a manner that maintains competitive neutrality among the various classes of providers of broadband services. Accordingly, the Secretary of the Treasury shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of section 48D of such Code, including–   

(A) regulations to determine how and when a taxpayer that incurs qualified broadband expenditures satisfies the requirements of section 48D of such Code to provide broadband services, and   

(B) regulations describing the information, records, and data taxpayers are required to provide the Secretary to substantiate compliance with the requirements of section 48D of such Code.   

(g) Effective Date- The amendments made by this section shall apply to expenditures incurred after December 31, 2008.   

SEC. 8005. SUNSET OF AUTHORITY.    The authority of the Secretary to provide assistance under this title shall terminate on December 31, 2011. Passed the House of Representatives January 28, 2009.  Attest: LORRAINE C. MILLER, Clerk. Passed the Senate February 10, 2009. Attest: NANCY ERICKSON, Secretary.