[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7359 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 7359
To accelerate rural broadband deployment.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 25, 2020
Mr. Kelly of Mississippi introduced the following bill; which was
referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To accelerate rural broadband deployment.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accelerating Broadband Connectivity
Act of 2020''.
SEC. 2. ACCELERATING BROADBAND CONNECTIVITY.
(a) Definitions.--In this section--
(1) the term ``Commission'' means the Federal
Communications Commission;
(2) the terms ``Phase I'' and ``Phase II'' mean Phase I and
Phase II, respectively, of the Rural Digital Opportunity Fund
auction provided for in the Report and Order in the matter of
Rural Digital Opportunity Fund and Connect America Fund adopted
by the Commission on January 30, 2020 (FCC 20-5);
(3) the term ``qualified carrier'' means a terrestrial
telecommunications carrier that receives support from the Rural
Digital Opportunity Fund under subpart J of part 54 of title
47, Code of Federal Regulations, or any successor regulations;
and
(4) the term ``Rural Digital Opportunity Fund support''
means support from the Rural Digital Opportunity Fund under
subpart J of part 54 of title 47, Code of Federal Regulations,
or any successor regulations.
(b) Accelerating Broadband Connectivity Fund.--There is established
in the Treasury of the United States a fund to be known as the
``Accelerating Broadband Connectivity Fund''.
(c) Availability of Funds.--The Commission may use amounts in the
Accelerating Broadband Connectivity Fund to provide support to
qualified carriers in accordance with subsection (d).
(d) Amount and Use of Funds.--
(1) In general.--
(A) Phase i support recipients.--The Commission
shall make one-time funding offers to qualified
carriers that receive Rural Digital Opportunity Fund
support during Phase I, and that commit to meeting the
conditions under paragraph (2), to accelerate the
broadband deployment obligations assumed by those
carriers with respect to that support.
(B) Phase ii support recipients.--The Commission
shall use any amounts in the Accelerating Broadband
Connectivity Fund that are not otherwise committed
under subparagraph (A) to make one-time funding offers
to qualified carriers that receive Rural Digital
Opportunity Fund support during Phase II, and that
commit to meeting the conditions under paragraph (2),
to accelerate the broadband deployment obligations
assumed by those carriers with respect to that support.
(2) Conditions.--
(A) In general.--A qualified carrier that receives
amounts under paragraph (1) shall--
(i) begin construction of the broadband
network for which the amounts are awarded not
later than 180 days after the date on which the
award under paragraph (1) is authorized;
(ii) begin to make broadband service
available from the broadband network deployed
using Rural Digital Opportunity Fund support
not later than 1 year after the date on which
the award under paragraph (1) is authorized;
and
(iii) meet all buildout obligations from
the Rural Digital Opportunity Fund support not
later than 3 years after the date on which the
award under paragraph (1) is authorized.
(B) Force majeure.--The Commission shall adopt
rules under subsection (f)(1) to provide for the
extension of a deadline under subparagraph (A) of this
paragraph if an event outside the control of a
qualified carrier prevents the qualified carrier from
meeting the deadline.
(3) Amount of award.--The amount awarded to a qualified
carrier under paragraph (1) shall be proportional to the amount
of Rural Digital Opportunity Fund support received by the
qualified carrier.
(e) Documentation Required.--A qualified carrier that receives
amounts under this section shall--
(1) maintain appropriate documentation demonstrating the
use of the amounts; and
(2) make the documentation described in paragraph (1)
available upon request as prescribed by the Commission.
(f) Expedited Rulemaking.--
(1) In general.--The Commission shall adopt rules to carry
out this section as needed on an expedited basis.
(2) Use of existing rules authorized.--To the extent the
Commission determines necessary in the public interest, the
Commission may rely on the rules under part 54 of title 47,
Code of Federal Regulations, and funding distribution
mechanisms established under those rules in administering funds
made available under this section.
(3) Administrative procedure act exemption.--The Commission
shall adopt rules under paragraph (1) without regard to the
notice and comment requirements under section 553 of title 5,
United States Code.
(4) Paperwork reduction act exemption.--A collection of
information conducted or sponsored under this section shall not
constitute a collection of information for the purposes of
subchapter I of chapter 35 of title 44, United States Code
(commonly referred to as the ``Paperwork Reduction Act'').
(g) Enforcement.--
(1) In general.--The Commission shall implement and enforce
this section as if it were a part of the Communications Act of
1934 (47 U.S.C. 151 et seq.).
(2) Unlawful funding application.--
(A) Offense.--It shall be unlawful for a person to
willfully, knowingly, or recklessly seek funding under
this section if doing so would violate--
(i) this section; or
(ii) any rules of the Commission.
(B) Forfeitures.--Any person who violates
subparagraph (A) shall be subject to a forfeiture in an
amount of not more than 3 times the amount of funds
made available to the person under this section, in
addition to any forfeiture authorized under section 503
of the Communications Act of 1934 (47 U.S.C. 503).
(3) Audit and inquiry requirements.--The Commission shall
adopt requirements, through the expedited rulemaking under
subsection (f), to--
(A) ensure that a qualified carrier that receives
amounts under this section complies with the
requirements of this section; and
(B) prevent waste, fraud, and abuse of the amounts
distributed under this section.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Accelerating Broadband Connectivity Fund
$6,000,000,000 for purposes of this section.
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