Pandemic Darlings The pandemic economy, in original documents
Home Source documents S. 2911, American Broadband Buildout to Eliminate America’s Digital Divide Act of 2021

S. 2911, American Broadband Buildout to Eliminate America’s Digital Divide Act of 2021

Summary

Senate bill 2911, the American Broadband Buildout to Eliminate America’s Digital Divide Act of 2021, was introduced on September 30, 2021, by Cornyn, Manchin, Collins and Rosen, then read twice and referred. It amends the Communications Act of 1934 to provide funding to States for extending broadband service to unserved areas in partnership with broadband service providers. A State may reduce or waive the matching fund requirement for a project in a high cost area. The bill appropriates $40,000,000,000 for fiscal year 2021 to the Federal Communications Commission, available through fiscal year 2030.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Issuer
Congressional materials
Document type
Bills Bills 117S2911Is Bills 117S2911Is
Case
Bills Bills 117S2911Is Bills 117S2911Is

Cite this document

“S. 2911, American Broadband Buildout to Eliminate America’s Digital Divide Act of 2021.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117s2911is-bills-117s2911is/, SHA-256 f6b54999bd70e0fa0744c27b6bc193c470ee081d2c42317762dd12cc83716c78.

Full text

                                                                                                                                                                          II




                                                                       117TH CONGRESS
                                                                          1ST SESSION
                                                                                                               S. 2911
                                                                       To amend the Communications Act of 1934 to provide funding to States
                                                                           for extending broadband service to unserved areas in partnership with
                                                                           broadband service providers, and for other purposes.




                                                                                   IN THE SENATE OF THE UNITED STATES
                                                                                                   SEPTEMBER 30, 2021
                                                                       Mr. CORNYN (for himself, Mr. MANCHIN, Ms. COLLINS, and Ms. ROSEN) in-
                                                                           troduced the following bill; which was read twice and referred to the Com-
                                                                           mittee on Commerce, Science, and Transportation




                                                                                                                 A BILL
                                                                       To amend the Communications Act of 1934 to provide fund-
                                                                          ing to States for extending broadband service to unserved
                                                                          areas in partnership with broadband service providers,
                                                                          and for other purposes.

                                                                         1               Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3     SECTION 1. SHORT TITLE.

                                                                         4               This Act may be cited as the ‘‘American Broadband
                                                                         5 Buildout to Eliminate America’s Digital Divide Act of
                                                                         6 2021’’.




kjohnson on DSK79L0C42PROD with BILLS



                                        VerDate Sep 11 2014   03:23 Oct 02, 2021   Jkt 029200   PO 00000   Frm 00001   Fmt 6652   Sfmt 6201   E:\BILLS\S2911.IS   S2911
                                                                                                                                  2
                                                                         1     SEC. 2. EXPANSION OF BROADBAND ACCESS IN UNSERVED

                                                                         2                               AREAS.

                                                                         3               (a) IN GENERAL.—The Communications Act of 1934
                                                                         4 (47 U.S.C. 151 et seq.) is amended—
                                                                         5                        (1) in title I (47 U.S.C. 151 et seq.), by adding
                                                                         6               at the end the following:
                                                                         7     ‘‘SEC. 14. EXPANSION AND ADOPTION OF BROADBAND

                                                                         8                               SERVICE THROUGH STATE FUNDING.

                                                                         9               ‘‘(a) DEFINITIONS.—In this section:
                                                                       10                         ‘‘(1) BROADBAND                       FUNDING              PARTNER.—The

                                                                       11                term ‘broadband funding partner’ means an eligible
                                                                       12                entity that receives funding for a project under this
                                                                       13                section.
                                                                       14                         ‘‘(2)         BROADBAND                      SERVICE.—The               term
                                                                       15                ‘broadband service’—
                                                                       16                                  ‘‘(A) means a mass-market retail service
                                                                       17                         by wire or radio that provides the capability to
                                                                       18                         transmit data to and receive data from all or
                                                                       19                         substantially all internet endpoints, including
                                                                       20                         any capabilities that are incidental to and en-
                                                                       21                         able the operation of the communications serv-
                                                                       22                         ice;
                                                                       23                                  ‘‘(B) includes any service that is a func-
                                                                       24                         tional equivalent of the service described in sub-




kjohnson on DSK79L0C42PROD with BILLS
                                                                       25                         paragraph (A); and


                                                                                    •S 2911 IS

                                        VerDate Sep 11 2014   03:23 Oct 02, 2021   Jkt 029200   PO 00000   Frm 00002   Fmt 6652   Sfmt 6201   E:\BILLS\S2911.IS   S2911
                                                                                                                                  3
                                                                         1                                 ‘‘(C) does not include dial-up internet ac-
                                                                         2                        cess service.
                                                                         3                        ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en-
                                                                         4               tity’ means a private provider of broadband service,
                                                                         5               or a public-private partnership or cooperative (in-
                                                                         6               cluding a subsidiary of a cooperative), that—
                                                                         7                                 ‘‘(A) provides broadband service; and
                                                                         8                                 ‘‘(B) has submitted to the Commission, in
                                                                         9                        addition to any data required to be submitted
                                                                       10                         under section 802, data regarding the service
                                                                       11                         option described in subsection (f)(1)(C) that the
                                                                       12                         entity would offer if the entity were to receive
                                                                       13                         funding under this section.
                                                                       14                         ‘‘(4) ELIGIBLE HOUSEHOLD.—The term ‘eligi-
                                                                       15                ble household’ has the meaning given the term in
                                                                       16                section 904(a) of title IX of division N of the Con-
                                                                       17                solidated Appropriations Act, 2021 (Public Law
                                                                       18                116–260).
                                                                       19                         ‘‘(5) HIGH COST AREA.—The term ‘high cost
                                                                       20                area’ means an unserved area in which the cost of
                                                                       21                building out broadband service is higher, as com-
                                                                       22                pared with the average such cost in the United
                                                                       23                States (and as determined by the Commission), be-
                                                                       24                cause of—



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25                                  ‘‘(A) the remote location of the area;


                                                                                    •S 2911 IS

                                        VerDate Sep 11 2014   03:23 Oct 02, 2021   Jkt 029200   PO 00000   Frm 00003   Fmt 6652   Sfmt 6201   E:\BILLS\S2911.IS   S2911
                                                                                                                                  4
                                                                         1                                 ‘‘(B) the population density of the area;
                                                                         2                                 ‘‘(C) the unique topography of the area;
                                                                         3                                 ‘‘(D) a high number of eligible households
                                                                         4                        in the area; or
                                                                         5                                 ‘‘(E) any other factor that contributes to
                                                                         6                        the cost of building out that service.
                                                                         7                        ‘‘(6) LOCATION.—The term ‘location’ has the
                                                                         8               meaning given the term by the Commission under
                                                                         9               rules and guidance that are in effect, as of the date
                                                                       10                of enactment of this section.
                                                                       11                         ‘‘(7) PROJECT.—The term ‘project’ means an
                                                                       12                undertaking by a broadband funding partner under
                                                                       13                this section to construct and deploy infrastructure
                                                                       14                for the provision of broadband service.
                                                                       15                         ‘‘(8) UNSERVED                      AREA.—The               term ‘unserved
                                                                       16                area’ means an area—
                                                                       17                                  ‘‘(A) that is of a standard size, as estab-
                                                                       18                         lished by the Commission; and
                                                                       19                                  ‘‘(B) as determined in accordance with the
                                                                       20                         maps created under section 802(c)(1), not less
                                                                       21                         than 80 percent of which—
                                                                       22                                          ‘‘(i) has no access to broadband serv-
                                                                       23                                  ice; or
                                                                       24                                          ‘‘(ii) does not have access to reliable



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25                                  broadband service offered with a download


                                                                                    •S 2911 IS

                                        VerDate Sep 11 2014   03:23 Oct 02, 2021   Jkt 029200   PO 00000   Frm 00004   Fmt 6652   Sfmt 6201   E:\BILLS\S2911.IS   S2911
                                                                                                                                  5
                                                                         1                                 speed of at least 25 megabits per second
                                                                         2                                 and an upload speed of at least 3 megabits
                                                                         3                                 per second.
                                                                         4               ‘‘(b) PROGRAM ESTABLISHED.—
                                                                         5                        ‘‘(1) IN GENERAL.—Not later than 100 days
                                                                         6               after the date of enactment of this section, or the
                                                                         7               date on which the maps created under section
                                                                         8               802(c)(1) are made public, whichever is later, the
                                                                         9               Commission shall establish a program for States to
                                                                       10                expand access to broadband service in unserved
                                                                       11                areas.
                                                                       12                         ‘‘(2) RELATIONSHIP TO UNIVERSAL SERVICE.—
                                                                       13                The program established under paragraph (1) shall
                                                                       14                be separate from any universal service program es-
                                                                       15                tablished under section 254.
                                                                       16                         ‘‘(3) TECHNICAL SUPPORT AND ASSISTANCE.—
                                                                       17                As part of the program established under paragraph
                                                                       18                (1), the Commission, in collaboration with the As-
                                                                       19                sistant Secretary of Commerce for Communications
                                                                       20                and Information, shall provide technical support and
                                                                       21                assistance to States to facilitate the establishment of
                                                                       22                programs under subsection (c).
                                                                       23                ‘‘(c) STATE PROGRAM REQUIREMENTS.—A State
                                                                       24 seeking funding under the program established under sub-



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25 section (b) shall create a program that—


                                                                                    •S 2911 IS

                                        VerDate Sep 11 2014   03:23 Oct 02, 2021   Jkt 029200   PO 00000   Frm 00005   Fmt 6652   Sfmt 6201   E:\BILLS\S2911.IS   S2911
                                                                                                                                  6
                                                                         1                        ‘‘(1) implements the requirements of this sec-
                                                                         2               tion;
                                                                         3                        ‘‘(2) does not favor—
                                                                         4                                 ‘‘(A) the use of any particular technology;
                                                                         5                        or
                                                                         6                                 ‘‘(B) any particular eligible entity or class
                                                                         7                        of eligible entities;
                                                                         8                        ‘‘(3) encourages all eligible entities, including
                                                                         9               small broadband providers, to participate in the pro-
                                                                       10                gram through streamlined regulatory requirements
                                                                       11                for all broadband funding partners;
                                                                       12                         ‘‘(4) takes into account—
                                                                       13                                  ‘‘(A) the size and scope of each unserved
                                                                       14                         area proposed to be served by each project car-
                                                                       15                         ried out using the funds;
                                                                       16                                  ‘‘(B) the speed of the broadband service
                                                                       17                         provided by eligible entities seeking funding for
                                                                       18                         projects under the program; and
                                                                       19                                  ‘‘(C) the ability of the eligible entities that
                                                                       20                         would receive funding for projects under the
                                                                       21                         program to complete the proposed deployment
                                                                       22                         and provision of broadband service under those
                                                                       23                         projects in the areas served by the projects;
                                                                       24                         ‘‘(5) may take into account—



kjohnson on DSK79L0C42PROD with BILLS
                                                                                    •S 2911 IS

                                        VerDate Sep 11 2014   03:23 Oct 02, 2021   Jkt 029200   PO 00000   Frm 00006   Fmt 6652   Sfmt 6201   E:\BILLS\S2911.IS   S2911
                                                                                                                                  7
                                                                         1                                 ‘‘(A) the speed with which the eligible enti-
                                                                         2                        ties seeking funding for projects under the pro-
                                                                         3                        gram can complete the proposed deployment
                                                                         4                        and provision of broadband service to house-
                                                                         5                        holds under those projects, which may include
                                                                         6                        a review of the topographical effects on the
                                                                         7                        areas being served by those projects as a result
                                                                         8                        of the technology to be deployed under those
                                                                         9                        projects; and
                                                                       10                                  ‘‘(B) whether an eligible entity seeking
                                                                       11                         funding for a project under the program has
                                                                       12                         the ability or intention to leverage nearby or ad-
                                                                       13                         jacent broadband service infrastructure to fa-
                                                                       14                         cilitate        the       deployment                 and         provision   of
                                                                       15                         broadband service proposed under that project;
                                                                       16                         ‘‘(6) establishes—
                                                                       17                                  ‘‘(A) the size and proportion of the match-
                                                                       18                         ing funds to be committed by an eligible entity
                                                                       19                         seeking funding for a project under the pro-
                                                                       20                         gram, which—
                                                                       21                                          ‘‘(i) may not be provided from any
                                                                       22                                  funds derived from government grants,
                                                                       23                                  loans, or subsidies; and
                                                                       24                                          ‘‘(ii) may not be less than 25 percent



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25                                  of the amount provided by the State to the


                                                                                    •S 2911 IS

                                        VerDate Sep 11 2014   03:23 Oct 02, 2021   Jkt 029200   PO 00000   Frm 00007   Fmt 6652   Sfmt 6201   E:\BILLS\S2911.IS   S2911
                                                                                                                                  8
                                                                         1                                 eligible entity with respect to the project,
                                                                         2                                 except that the State may reduce that
                                                                         3                                 threshold, or waive the matching fund re-
                                                                         4                                 quirement under this subparagraph, if—
                                                                         5                                                  ‘‘(I) the area proposed to be
                                                                         6                                         served by the project is a high cost
                                                                         7                                         area;
                                                                         8                                                  ‘‘(II) the applicable eligible entity
                                                                         9                                         or the State can establish that the re-
                                                                       10                                          duction or waiver, as applicable, is
                                                                       11                                          necessary to ensure the deployment of
                                                                       12                                          broadband in the area proposed to be
                                                                       13                                          served by the project; and
                                                                       14                                                   ‘‘(III) the State gives a pref-
                                                                       15                                          erence for other applications sub-
                                                                       16                                          mitted by that eligible entity in which
                                                                       17                                          the eligible entity does not seek such
                                                                       18                                          a reduction or waiver;
                                                                       19                                  ‘‘(B) periodic buildout milestones, report-
                                                                       20                         ing        requirements,                    and         certification   by
                                                                       21                         broadband funding partners; and
                                                                       22                                  ‘‘(C) a maximum buildout timeframe for a
                                                                       23                         broadband funding partner of 4 years, begin-
                                                                       24                         ning on the date on which funding is provided



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25                         to the broadband funding partner to undertake


                                                                                    •S 2911 IS

                                        VerDate Sep 11 2014   03:23 Oct 02, 2021   Jkt 029200   PO 00000   Frm 00008   Fmt 6652   Sfmt 6201   E:\BILLS\S2911.IS   S2911
                                                                                                                                  9
                                                                         1                        a project, except that the State may extend that
                                                                         2                        timeframe if the broadband funding partner es-
                                                                         3                        tablishes that the failure to complete the project
                                                                         4                        within that timeframe is due to—
                                                                         5                                         ‘‘(i) delays by third parties, including
                                                                         6                                 governmental entities, in providing nec-
                                                                         7                                 essary permits, approvals, or access to (or
                                                                         8                                 construction of) poles; or
                                                                         9                                         ‘‘(ii) a State or federally declared dis-
                                                                       10                                  aster;
                                                                       11                         ‘‘(7) contains sufficient notice, transparency,
                                                                       12                accountability, and oversight measures to—
                                                                       13                                  ‘‘(A) provide the public and broadband
                                                                       14                         funding partners with notice of the funding pro-
                                                                       15                         vided under this section; and
                                                                       16                                  ‘‘(B) deter waste, fraud, and abuse of pro-
                                                                       17                         gram funds;
                                                                       18                         ‘‘(8) establishes procedures for the recovery of
                                                                       19                funds, in whole or in part, from a broadband fund-
                                                                       20                ing partner if the broadband funding partner—
                                                                       21                                  ‘‘(A) defaults or fails to comply with the
                                                                       22                         buildout             requirements               established             for   the
                                                                       23                         project with respect to which the funding re-
                                                                       24                         lates; and



kjohnson on DSK79L0C42PROD with BILLS
                                                                                    •S 2911 IS

                                        VerDate Sep 11 2014   03:23 Oct 02, 2021   Jkt 029200   PO 00000   Frm 00009   Fmt 6652   Sfmt 6201   E:\BILLS\S2911.IS   S2911
                                                                                                                              10
                                                                         1                                 ‘‘(B) has not received an extension under
                                                                         2                        paragraph (6)(C);
                                                                         3                        ‘‘(9) establishes procedures for expedited ap-
                                                                         4               proval for all necessary access to (or construction of)
                                                                         5               poles, dark or lit fiber, communications towers,
                                                                         6               State and local rights-of-way permits, or other ap-
                                                                         7               provals in the areas of the State served by projects
                                                                         8               under the program;
                                                                         9                        ‘‘(10) provides that broadband funding partners
                                                                       10                are not required to be designated as eligible tele-
                                                                       11                communications carriers under section 214(e);
                                                                       12                         ‘‘(11) provides that an eligible entity shall grant
                                                                       13                access to poles, ducts, conduits, and rights-of-way
                                                                       14                that the eligible entity owns or controls within the
                                                                       15                State at rates, terms, and conditions regulated by
                                                                       16                the Commission under, or the State consistent with,
                                                                       17                section 224 and the rules of the Commission (unless
                                                                       18                application of the rules of the Commission would re-
                                                                       19                sult in higher costs for the applicable item), without
                                                                       20                regard to whether that section otherwise applies with
                                                                       21                respect to those items;
                                                                       22                         ‘‘(12) except as otherwise explicitly provided in
                                                                       23                this section, does not require, or include consider-
                                                                       24                ation of, the imposition of any new or additional reg-



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25                ulatory obligations on broadband funding partners


                                                                                    •S 2911 IS

                                        VerDate Sep 11 2014   03:23 Oct 02, 2021   Jkt 029200   PO 00000   Frm 00010   Fmt 6652   Sfmt 6201   E:\BILLS\S2911.IS   S2911
                                                                                                                              11
                                                                         1               beyond those required under applicable Federal law;
                                                                         2               and
                                                                         3                        ‘‘(13) maximizes the number of unserved loca-
                                                                         4               tions proposed to be served by each project carried
                                                                         5               out using the funds.
                                                                         6               ‘‘(d) DISTRIBUTION OF FUNDS TO STATES.—
                                                                         7                        ‘‘(1) COMMISSION DISTRIBUTIONS.—
                                                                         8                                 ‘‘(A) IN GENERAL.—Not later than 200
                                                                         9                        days after the date of enactment of this section,
                                                                       10                         or the date on which the maps created under
                                                                       11                         section 802(c)(1) are made public, whichever is
                                                                       12                         later, the Commission, under the program es-
                                                                       13                         tablished under subsection (b), and in accord-
                                                                       14                         ance with the requirements of this section,
                                                                       15                         shall, with respect to the amounts made avail-
                                                                       16                         able to carry out this section—
                                                                       17                                          ‘‘(i) reserve 10 percent of those
                                                                       18                                  amounts for distributions under subpara-
                                                                       19                                  graph (B) to States that have established
                                                                       20                                  programs under subsection (c); and
                                                                       21                                          ‘‘(ii) of the amounts not reserved
                                                                       22                                  under clause (i), make distributions under
                                                                       23                                  paragraph (2) to States that have estab-
                                                                       24                                  lished programs under subsection (c).



kjohnson on DSK79L0C42PROD with BILLS
                                                                                    •S 2911 IS

                                        VerDate Sep 11 2014   03:23 Oct 02, 2021   Jkt 029200   PO 00000   Frm 00011   Fmt 6652   Sfmt 6201   E:\BILLS\S2911.IS   S2911
                                                                                                                              12
                                                                         1                                 ‘‘(B) DISTRIBUTIONS                           FOR        HIGH   COST

                                                                         2                        AREAS.—The                amount of a distribution to a
                                                                         3                        State under this subparagraph shall be cal-
                                                                         4                        culated as follows:
                                                                         5                                         ‘‘(i) Divide the number of high cost
                                                                         6                                 areas in the State by the total number of
                                                                         7                                 high cost areas in the United States.
                                                                         8                                         ‘‘(ii) Multiply the quotient obtained
                                                                         9                                 under clause (i) by the total amount re-
                                                                       10                                  served under subparagraph (A)(i).
                                                                       11                         ‘‘(2) AMOUNT OF DISTRIBUTIONS FOR PROJECT
                                                                       12                AWARDS.—The amount of a distribution to a State

                                                                       13                under paragraph (1) shall be calculated as follows:
                                                                       14                                  ‘‘(A) Divide the number of locations in
                                                                       15                         unserved areas in the State by the total number
                                                                       16                         of locations in unserved areas in the United
                                                                       17                         States, as determined in accordance with the
                                                                       18                         maps created under section 802(c)(1).
                                                                       19                                  ‘‘(B) Multiply the quotient obtained under
                                                                       20                         subparagraph (A) of this paragraph by the
                                                                       21                         amount described in paragraph (1)(A)(ii).
                                                                       22                         ‘‘(3) STATE ENTITLEMENT.—With respect to a
                                                                       23                State that has established a program under sub-
                                                                       24                section (c), the State shall receive a distribution



kjohnson on DSK79L0C42PROD with BILLS
                                                                                    •S 2911 IS

                                        VerDate Sep 11 2014   03:23 Oct 02, 2021   Jkt 029200   PO 00000   Frm 00012   Fmt 6652   Sfmt 6201   E:\BILLS\S2911.IS   S2911
                                                                                                                              13
                                                                         1               under both of paragraphs (1)(B) and (2) of this sub-
                                                                         2               section.
                                                                         3               ‘‘(e) STATE USE OF PROGRAM FUNDS.—
                                                                         4                        ‘‘(1) IN GENERAL.—Not later than 120 days
                                                                         5               after the date on which a State receives funds under
                                                                         6               subsection (d), and subject to paragraph (2), the
                                                                         7               State shall make awards to eligible entities through
                                                                         8               the program established by the State under sub-
                                                                         9               section (c).
                                                                       10                         ‘‘(2) FUNDS                USED         SOLELY            FOR           UNSERVED

                                                                       11                AREAS.—A              State to which funds are distributed
                                                                       12                under subsection (d)—
                                                                       13                                  ‘‘(A) may not—
                                                                       14                                          ‘‘(i) use any portion of those funds for
                                                                       15                                  a project in any area that is not an
                                                                       16                                  unserved area, except that such a project
                                                                       17                                  may deploy infrastructure that traverses a
                                                                       18                                  served area in order to provide broadband
                                                                       19                                  service to an unserved area; or
                                                                       20                                          ‘‘(ii) use more than 5 percent of those
                                                                       21                                  funds to administer the program estab-
                                                                       22                                  lished by the State under subsection (c);
                                                                       23                                  ‘‘(B) shall—
                                                                       24                                          ‘‘(i) before making any awards de-



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25                                  scribed in paragraph (1), consult the maps


                                                                                    •S 2911 IS

                                        VerDate Sep 11 2014   03:23 Oct 02, 2021   Jkt 029200   PO 00000   Frm 00013   Fmt 6652   Sfmt 6201   E:\BILLS\S2911.IS   S2911
                                                                                                                              14
                                                                         1                                 created under section 802(c)(1), as up-
                                                                         2                                 dated through the resolution of any chal-
                                                                         3                                 lenges brought under section 802(b)(5), to
                                                                         4                                 create a list of areas within the State that
                                                                         5                                 are unserved areas, which the State shall
                                                                         6                                 make publicly available;
                                                                         7                                         ‘‘(ii) from the list created under
                                                                         8                                 clause (i), remove any area in the State
                                                                         9                                 that is the subject of an enforceable com-
                                                                       10                                  mitment by a broadband service provider
                                                                       11                                  to provide broadband service to the area
                                                                       12                                  with minimum speed commitments de-
                                                                       13                                  scribed in subclause (III), even if, in any
                                                                       14                                  such area, the broadband service is not yet
                                                                       15                                  available, provided that the broadband
                                                                       16                                  service provider is meeting any applicable
                                                                       17                                  build-out deadlines, including with respect
                                                                       18                                  to an award disbursed under—
                                                                       19                                                   ‘‘(I) the Rural Digital Oppor-
                                                                       20                                          tunity Fund Phase I auction provided
                                                                       21                                          for in the Report and Order in the
                                                                       22                                          matter of Rural Digital Opportunity
                                                                       23                                          Fund and Connect America Fund
                                                                       24                                          adopted by the Commission on Janu-



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25                                          ary 30, 2020 (FCC 20–5);


                                                                                    •S 2911 IS

                                        VerDate Sep 11 2014   03:23 Oct 02, 2021   Jkt 029200   PO 00000   Frm 00014   Fmt 6652   Sfmt 6201   E:\BILLS\S2911.IS   S2911
                                                                                                                              15
                                                                         1                                                  ‘‘(II) subpart D of part 54 of
                                                                         2                                         title 47, Code of Federal Regulations,
                                                                         3                                         or any successor regulations;
                                                                         4                                                  ‘‘(III) any Rural Utilities Service
                                                                         5                                         broadband funding program with a
                                                                         6                                         minimum speed commitment of 25
                                                                         7                                         megabits per second for downloads
                                                                         8                                         and        3      megabits             per        second   for
                                                                         9                                         uploads; or
                                                                       10                                                   ‘‘(IV) any existing program es-
                                                                       11                                          tablished by the State with minimum
                                                                       12                                          speed commitments described in sub-
                                                                       13                                          clause (III);
                                                                       14                                          ‘‘(iii) establish a streamlined process
                                                                       15                                  that allows a broadband service provider,
                                                                       16                                  the State, or a unit of local government
                                                                       17                                  within the State not less than 30 days
                                                                       18                                  after the date on which the list created
                                                                       19                                  under clause (i), as updated under clause
                                                                       20                                  (ii), is made publicly available to bring a
                                                                       21                                  challenge regarding whether an area on
                                                                       22                                  that final list is an unserved area;
                                                                       23                                          ‘‘(iv) provide a written notice regard-
                                                                       24                                  ing how each challenge brought under



kjohnson on DSK79L0C42PROD with BILLS
                                                                                    •S 2911 IS

                                        VerDate Sep 11 2014   03:23 Oct 02, 2021   Jkt 029200   PO 00000   Frm 00015   Fmt 6652   Sfmt 6201   E:\BILLS\S2911.IS   S2911
                                                                                                                              16
                                                                         1                                 clause (iii) was decided, including the rea-
                                                                         2                                 sons for that decision;
                                                                         3                                         ‘‘(v) update the list created under
                                                                         4                                 clause (i), as updated under clause (ii), to
                                                                         5                                 reflect the results of challenges brought
                                                                         6                                 under clause (iii);
                                                                         7                                         ‘‘(vi) not later than 10 years after the
                                                                         8                                 date of enactment of this section, return
                                                                         9                                 any unused portion of those funds to the
                                                                       10                                  Commission;
                                                                       11                                          ‘‘(vii) not later than 2 years after the
                                                                       12                                  date on which the funds are distributed to
                                                                       13                                  the State, and biennially thereafter, submit
                                                                       14                                  to the Commission a report—
                                                                       15                                                   ‘‘(I) regarding how the State
                                                                       16                                          spent those funds during the period
                                                                       17                                          covered by the report, which shall in-
                                                                       18                                          clude a description of each award
                                                                       19                                          made with those funds; and
                                                                       20                                                   ‘‘(II) that contains a certification
                                                                       21                                          that the State has complied with the
                                                                       22                                          requirements of this section during
                                                                       23                                          the period covered by the report; and
                                                                       24                                          ‘‘(viii) match not less than 25 percent



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25                                  of the amount of those funds, as confirmed


                                                                                    •S 2911 IS

                                        VerDate Sep 11 2014   03:23 Oct 02, 2021   Jkt 029200   PO 00000   Frm 00016   Fmt 6652   Sfmt 6201   E:\BILLS\S2911.IS   S2911
                                                                                                                              17
                                                                         1                                 by the Commission in a manner deter-
                                                                         2                                 mined by the Commission; and
                                                                         3                                 ‘‘(C) to satisfy the requirement under sub-
                                                                         4                        paragraph (B)(viii), may use any manner of im-
                                                                         5                        plementation that the State determines appro-
                                                                         6                        priate, including by using funds—
                                                                         7                                         ‘‘(i) the source of which is a local gov-
                                                                         8                                 ernment in the State; or
                                                                         9                                         ‘‘(ii)(I) that were provided to the
                                                                       10                                  State under—
                                                                       11                                                   ‘‘(aa)            the          Families       First
                                                                       12                                          Coronavirus Response Act (Public
                                                                       13                                          Law 116–127; 134 Stat. 178);
                                                                       14                                                   ‘‘(bb) the CARES Act (Public
                                                                       15                                          Law 116–136; 134 Stat. 281);
                                                                       16                                                   ‘‘(cc) the Consolidated Appro-
                                                                       17                                          priations Act, 2021 (Public Law 116–
                                                                       18                                          260; 134 Stat. 1182);
                                                                       19                                                   ‘‘(dd) the American Rescue Plan
                                                                       20                                          Act of 2021 (Public Law 117–2; 135
                                                                       21                                          Stat. 4); or
                                                                       22                                                   ‘‘(ee) any amendment made by
                                                                       23                                          an Act described in any of items (aa)
                                                                       24                                          through (dd); and



kjohnson on DSK79L0C42PROD with BILLS
                                                                                    •S 2911 IS

                                        VerDate Sep 11 2014   03:23 Oct 02, 2021   Jkt 029200   PO 00000   Frm 00017   Fmt 6652   Sfmt 6201   E:\BILLS\S2911.IS   S2911
                                                                                                                              18
                                                                         1                                         ‘‘(II) the purpose of which, as de-
                                                                         2                                 scribed in the applicable provision of law
                                                                         3                                 described in subclause (I), is for the de-
                                                                         4                                 ployment of broadband service.
                                                                         5               ‘‘(f) PROJECT REQUIREMENTS.—With respect to a
                                                                         6 project funded through the program established under
                                                                         7 subsection (b)—
                                                                         8                        ‘‘(1) the project shall—
                                                                         9                                 ‘‘(A) adhere to the same quality-of-service
                                                                       10                         standards established by the Commission with
                                                                       11                         respect to the Rural Digital Opportunity Fund
                                                                       12                         set forth in subpart J of part 54 of title 47,
                                                                       13                         Code of Federal Regulations (or any successor
                                                                       14                         regulations);
                                                                       15                                  ‘‘(B) provide reliable broadband service at
                                                                       16                         a speed of not less than 100 megabits per sec-
                                                                       17                         ond for downloads and 20 megabits per second
                                                                       18                         for uploads; and
                                                                       19                                  ‘‘(C) offer a low-cost broadband service op-
                                                                       20                         tion for low-income subscribers, as defined by
                                                                       21                         the Commission, with the price and eligibility
                                                                       22                         for the service option determined by the appli-
                                                                       23                         cable broadband funding partner; and
                                                                       24                         ‘‘(2) the applicable broadband funding partner,



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25                in collaboration with the applicable State, shall carry


                                                                                    •S 2911 IS

                                        VerDate Sep 11 2014   03:23 Oct 02, 2021   Jkt 029200   PO 00000   Frm 00018   Fmt 6652   Sfmt 6201   E:\BILLS\S2911.IS   S2911
                                                                                                                              19
                                                                         1               out public awareness campaigns in service areas that
                                                                         2               are designed to highlight the value and benefits of
                                                                         3               broadband service in order to increase the adoption
                                                                         4               of broadband service by consumers.
                                                                         5               ‘‘(g) PROMOTING BROADBAND DEPLOYMENT.—Not
                                                                         6 later than 1 year after the date on which a State receives
                                                                         7 funding under this section, the State shall publish on a
                                                                         8 publicly available website of the State a report that ana-
                                                                         9 lyzes the following:
                                                                       10                         ‘‘(1) The process by which the State, or any
                                                                       11                local authority within the State, acts on a new re-
                                                                       12                quest to access poles, ducts, conduits, or rights-of-
                                                                       13                way, which shall include an analysis of—
                                                                       14                                  ‘‘(A) the speed with which the State or
                                                                       15                         local authority, as applicable, responds to such
                                                                       16                         a request; and
                                                                       17                                  ‘‘(B) the impact that granting such a re-
                                                                       18                         quest not later than 30 days after the date on
                                                                       19                         which the request is submitted would have on
                                                                       20                         the speed at which broadband service is de-
                                                                       21                         ployed in the State.
                                                                       22                         ‘‘(2) The process by which the State, or any
                                                                       23                local authority within the State, acts on a non-
                                                                       24                emergency request for authorization to place, con-



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25                struct, or modify facilities with respect to broadband


                                                                                    •S 2911 IS

                                        VerDate Sep 11 2014   03:23 Oct 02, 2021   Jkt 029200   PO 00000   Frm 00019   Fmt 6652   Sfmt 6201   E:\BILLS\S2911.IS   S2911
                                                                                                                              20
                                                                         1               service that are supported through access to poles,
                                                                         2               ducts, conduits, or rights-of-way, which shall include
                                                                         3               an analysis of—
                                                                         4                                 ‘‘(A) the speed with which the State or
                                                                         5                        local authority, as applicable, responds to such
                                                                         6                        a request; and
                                                                         7                                 ‘‘(B) the impact that granting such a re-
                                                                         8                        quest not later than 30 days after the date on
                                                                         9                        which the request is submitted would have on
                                                                       10                         the speed at which broadband service is de-
                                                                       11                         ployed in the State.
                                                                       12                         ‘‘(3)       The        impact           on        the       deployment   of
                                                                       13                broadband service within the State of not requiring
                                                                       14                a permit or other authorization for emergency work
                                                                       15                performed in the rights-of-way if a broadband facil-
                                                                       16                ity supported through access to poles, ducts, con-
                                                                       17                duits, dark or lit fiber, or rights-of-way notifies the
                                                                       18                State, or the applicable local authority within the
                                                                       19                State, regarding the emergency and the associated
                                                                       20                work.
                                                                       21                         ‘‘(4)       The        impact           on        the       deployment   of
                                                                       22                broadband service within the State of requiring the
                                                                       23                State, or any instrumentality of the State, whenever
                                                                       24                the State or instrumentality intends to modify or



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25                alter a pole, duct, conduit, dark or lit fiber, or right-


                                                                                    •S 2911 IS

                                        VerDate Sep 11 2014   03:23 Oct 02, 2021   Jkt 029200   PO 00000   Frm 00020   Fmt 6652   Sfmt 6201   E:\BILLS\S2911.IS   S2911
                                                                                                                              21
                                                                         1               of-way, or conduct road work in which there will be
                                                                         2               open trenches, to provide prior written notification
                                                                         3               of that action to any broadband service provider, or
                                                                         4               other entity, that has obtained an attachment to a
                                                                         5               pole, duct, or conduit, or right-of-way that may be
                                                                         6               affected, so that the applicable entity may have a
                                                                         7               reasonable opportunity to add to or modify its exist-
                                                                         8               ing attachment or facilities.
                                                                         9               ‘‘(h) GUIDANCE.—The Commission may provide
                                                                       10 guidance to States with respect to service obligations, pro-
                                                                       11 cedures, reporting requirements, and other requirements
                                                                       12 in carrying out programs established under this section.
                                                                       13                ‘‘(i) RULE OF CONSTRUCTION.—Nothing in this sec-
                                                                       14 tion may be construed to permit the Commission to use
                                                                       15 any data submitted by a provider of broadband service
                                                                       16 under this section to issue or establish additional regu-
                                                                       17 latory requirements with respect to that provider.’’; and
                                                                       18                         (2) in section 802(c) (47 U.S.C. 642(c))—
                                                                       19                                  (A) in paragraph (1)(A)—
                                                                       20                                          (i) in clause (i), by striking ‘‘and’’ at
                                                                       21                                  the end;
                                                                       22                                          (ii) in clause (ii), by adding ‘‘and’’
                                                                       23                                  after the semicolon at the end; and
                                                                       24                                          (iii) by adding at the end the fol-



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25                                  lowing:


                                                                                    •S 2911 IS

                                        VerDate Sep 11 2014   03:23 Oct 02, 2021   Jkt 029200   PO 00000   Frm 00021   Fmt 6652   Sfmt 6201   E:\BILLS\S2911.IS   S2911
                                                                                                                              22
                                                                         1                                         ‘‘(iii) the areas of the United States in
                                                                         2                                 which          options             described              in   section
                                                                         3                                 14(f)(1)(C) are available;’’;
                                                                         4                                 (B) in paragraph (5), by striking ‘‘and’’ at
                                                                         5                        the end;
                                                                         6                                 (C) in paragraph (6)—
                                                                         7                                         (i) in the matter preceding subpara-
                                                                         8                                 graph (A), by inserting ‘‘, including on a
                                                                         9                                 publicly available website,’’ after ‘‘make
                                                                       10                                  public’’; and
                                                                       11                                          (ii) in subparagraph (B), by striking
                                                                       12                                  the period at the end and inserting ‘‘;
                                                                       13                                  and’’; and
                                                                       14                                  (D) by adding at the end the following:
                                                                       15                         ‘‘(7) beginning not later than 18 months after
                                                                       16                the date of enactment of the American Broadband
                                                                       17                Buildout to Eliminate America’s Digital Divide Act
                                                                       18                of 2021, ensure that the publicly available website
                                                                       19                described in paragraph (6)—
                                                                       20                                  ‘‘(A) allows a consumer to determine,
                                                                       21                         based on financial information entered by the
                                                                       22                         consumer, whether the consumer is eligible—
                                                                       23                                          ‘‘(i) to receive a Federal or State sub-
                                                                       24                                  sidy with respect to broadband internet ac-



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25                                  cess service; or


                                                                                    •S 2911 IS

                                        VerDate Sep 11 2014   03:23 Oct 02, 2021   Jkt 029200   PO 00000   Frm 00022   Fmt 6652   Sfmt 6201   E:\BILLS\S2911.IS   S2911
                                                                                                                              23
                                                                         1                                         ‘‘(ii) to qualify for a low-income plan
                                                                         2                                 with respect to broadband internet access
                                                                         3                                 service; and
                                                                         4                                 ‘‘(B) with respect to a consumer who is eli-
                                                                         5                        gible under clause (i) or (ii) of subparagraph
                                                                         6                        (A), contains information regarding how to
                                                                         7                        apply for the applicable benefit.’’.
                                                                         8               (b) DIRECT APPROPRIATION.—There is appropriated
                                                                         9 to the Federal Communications Commission, out of any
                                                                       10 money in the Treasury not otherwise appropriated,
                                                                       11 $40,000,000,000 for fiscal year 2021 to carry out section
                                                                       12 14 of the Communications Act of 1934, as added by sub-
                                                                       13 section (a)(1), which shall remain available through fiscal
                                                                       14 year 2030.
                                                                                                                                  Æ




kjohnson on DSK79L0C42PROD with BILLS
                                                                                    •S 2911 IS

                                        VerDate Sep 11 2014   03:23 Oct 02, 2021   Jkt 029200   PO 00000   Frm 00023   Fmt 6652   Sfmt 6301   E:\BILLS\S2911.IS   S2911


File and source

File
BILLS_bills-117s2911is_bills-117s2911is.pdf
Size
261,612 bytes
SHA-256
f6b54999bd70e0fa0744c27b6bc193c470ee081d2c42317762dd12cc83716c78
Our copy
BILLS_bills-117s2911is_bills-117s2911is.pdf
Original
www.govinfo.gov
Back to top