[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4825 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4825
To establish broadband expansion grant programs, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 29, 2021
Mr. Hudson introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To establish broadband expansion grant programs, and for other
purposes.
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 ``21st Century Broadband Deployment
Act''.
SEC. 2. BROADBAND EXPANSION GRANT PROGRAM.
(a) Notification of Creation of Broadband Maps; Data Sharing.--
(1) In general.--Not later than 3 business days after
creating the maps required under section 802(c)(1) of the
Communications Act of 1934 (47 U.S.C. 642(c)(1)), the
Commission shall notify the Assistant Secretary that such maps
have been created.
(2) Data sharing.--Not less frequently than annually, the
Commission shall, through the process established under section
802(b)(7) of the Communications Act of 1934 (47 U.S.C.
642(b)(7)), provide the Assistant Secretary any data collected
by the Commission pursuant to title VIII of such Act.
(b) Broadband Grant Program.--
(1) Establishment of grant program; notice of funding
opportunity.--The Assistant Secretary shall, not later than 1
year after the Assistant Secretary is notified as described in
subsection (a)(1)--
(A) establish a program to make grants on a
competitive basis, from amounts made available to carry
out this section, to covered partnerships for covered
broadband projects; and
(B) publish a Notice of Funding Opportunity in the
Federal Register that includes information about such
program, including any requirement established by this
section.
(2) Limitation.--The Assistant Secretary may not make a
grant under this section before the date that is 1 year after
the date on which the Assistant Secretary is notified as
described in subsection (a)(1).
(3) Coordination.--In making a grant award under paragraph
(1), in order to avoid overbuilding in areas where Federal
funds have already been awarded, the Assistant Secretary shall
coordinate with--
(A) the Chairman of the Commission;
(B) the Secretary of Agriculture; and
(C) the Assistant Secretary of Commerce for
Economic Development.
(4) Eligibility requirements.--
(A) In general.--To be eligible for a grant under
this section, a covered partnership shall submit an
application at such time, in such manner, and
containing such information as the Assistant Secretary
may require, but the application shall, at a minimum,
include a description of--
(i) the covered partnership submitting the
application under this subsection;
(ii) the covered broadband project to be
funded by the grant, including the speed or
speeds at which the covered partnership plans
to offer broadband service under the project;
(iii) the cost of the covered broadband
project to be funded by the grant, including--
(I) a description of how the
required construction will be funded;
(II) all estimated project costs
for all facilities that are required to
complete the project, including the
costs of upgrading, replacing, or
otherwise modifying the existing
facilities to expand coverage or meet
performance requirements;
(III) a description of how grant
funds will be used in combination with
other funds to support the broadband
service project;
(IV) in the case of a broadband
service project that will be partially
supported by loans, financial
projections demonstrating that the
covered partnership can cover the
necessary debt service payments over
the life of any loan; and
(V) financial projections
demonstrating that the covered
partnership will remain financially
stable at the conclusion of the grant
award;
(iv) the area to be served by the covered
broadband project (in this section referred to
as the ``proposed service area'');
(v) how the State, political subdivision,
or political subdivisions in the covered
partnership chose which provider of broadband
service to enter into a partnership with for
the purposes of applying for a grant under this
section; and
(vi) any support provided to the provider
of broadband service that is in the covered
partnership through--
(I) any grant, loan, or loan
guarantee provided by a State to the
provider of broadband service for the
deployment of broadband service in the
proposed service area;
(II) any grant, loan, or loan
guarantee with respect to the proposed
service area provided by the Secretary
of Agriculture under title VI of the
Rural Electrification Act of 1936 (7
U.S.C. 950bb et seq.), including the
Broadband Grants, Loans, and Loan
Guarantees program, the Community
Connect Programs, and the ReConnect
Pilot Program;
(III) any high-cost universal
service support provided under section
254 of the Communications Act of 1934
(47 U.S.C. 254);
(IV) any grant provided under
section 6001 of the American Recovery
and Reinvestment Act of 2009 (47 U.S.C.
1305);
(V) the Education Stabilization
Fund under title VIII of division B of
the CARES Act (Public Law 116-136);
(VI) any grant, loan, or loan
guarantee provided by the Federal
Government for the provision of
broadband service; or
(VII) any legally enforceable
broadband deployment obligations to
which the provider of broadband service
is subject in the eligible service
area.
(B) Requirement to streamline permitting process.--
(i) In general.--In order for a covered
partnership to be eligible for a grant under
this section each covered entity may only
charge a fee to consider an application for the
placement, construction, or modification of a
facility for the provision of broadband
service, personal wireless services, or
telecommunications service in the proposed
service area or an application to use a right-
of-way or a facility in a right-of-way owned or
managed by that entity for the placement,
construction, or modification of a facility for
the provision of any such service in the
proposed service area, if the fee for
considering such application is--
(I) nondiscriminatory;
(II) publicly disclosed; and
(III) based on actual and direct
costs, such as costs for the review and
processing of such applications.
(ii) Covered entity defined.--In this
paragraph, the term ``covered entity'' means--
(I) an entity in the partnership
that is a State or political
subdivision of a State; and
(II) a political subdivision in
which all or part of the proposed
service area is located.
(5) Priority.--In awarding grants under this section, the
Assistant Secretary shall give priority to applications for
covered broadband projects as follows (in decreasing order of
priority):
(A) Covered broadband projects designed to provide
broadband service to the greatest number of households
in an eligible service area.
(B) Covered broadband projects designed to provide
broadband service in an eligible service area that is
wholly within any area other than--
(i) a county, city, or town that has a
population of greater than 50,000 inhabitants;
and
(ii) the urbanized area contiguous and
adjacent to such a city or town.
(C) Covered broadband projects that are most cost-
effective, prioritizing such areas that are most rural.
(D) Covered broadband projects designed to provide
broadband service with a download speed of at least 100
megabits per second and an upload speed of at least 20
megabits per second.
(E) Any other covered broadband project that meets
the requirements of this section.
(6) Federal contribution.--The amount of any grant provided
to a covered partnership under this section may not exceed 75
percent of the total cost of the covered broadband project.
(7) Grant conditions.--
(A) Requirements.--As a condition of receiving a
grant under this section for a covered broadband
project that involves placing facilities along a
roadway, the Assistant Secretary shall require the
covered partnership receiving the grant to include
consistent access points to allow access to such
facilities, in accordance with any best practices
established by the Commission regarding the placement
of conduit access points.
(B) Prohibitions.--As a condition of receiving a
grant under this section, the Assistant Secretary shall
prohibit--
(i) a provider of broadband service that is
in the covered partnership receiving the grant
under this section--
(I) from using grant amounts
provided under this section to repay,
or make any other payment relating to,
a loan made by any public or private
lender;
(II) from using grant amounts
provided under this section as
collateral for a loan made by any
public or private lender; and
(III) from using more than $75,000
of grant amounts provided under this
section to pay for the preparation of
an application for a grant under this
section; and
(ii) a State, or a political subdivision of
the State, that is in the covered partnership
receiving the grant under this section from,
after accepting a grant under this section
offering broadband service.
(C) Nondiscrimination.--The Assistant Secretary may
not require a provider of broadband service that is in
an eligible partnership to be designated as an eligible
telecommunications carrier pursuant to section 214(e)
of the Communications Act of 1934 (47 U.S.C. 214(e)) to
be eligible to receive a grant under this section or as
a condition of receiving a grant under this section.
(8) Build-out, notification, and accountability
requirement.--
(A) In general.--The Assistant Secretary shall
establish build-out, accountability, and (in accordance
with paragraph (8)) reporting requirements for covered
partnerships that receive grants under this section,
including, for each covered partnership that receives a
grant under this section, milestones for the deployment
of broadband service under the covered broadband
project funded by the grant.
(B) Notification to commission.--Upon establishing
a build-out, accountability, or reporting requirement
under subparagraph (A), the Assistant Secretary shall
transmit to the Commission a notification describing
such requirement.
(C) Penalty.--If a covered partnership fails to
meet a build out requirement under subparagraph (A),
the Assistant Secretary shall--
(i) recover any funds made available to the
covered partnership; and
(ii) assess a covered partnership (to be
split equally among each entity in the
partnership) a fine of not less than 50 percent
of the funds made available to the covered
partnership.
(9) Reporting requirements.--
(A) In general.--A covered partnership that
receives a grant under this section shall--
(i) semiannually submit to the Assistant
Secretary a certification that identifies the
areas for which broadband service has been
deployed under the covered broadband project
funded by the grant, to assess compliance with
broadband build-out milestones established by
the Assistant Secretary under paragraph (8) for
the project; and
(ii) provide to the Assistant Secretary
complete, reliable, and precise information (in
a manner consistent with how information is
submitted under section 802 of the
Communications Act of 1934 (47 U.S.C. 642)) on
each area receiving access to broadband service
through the covered broadband project funded by
the grant, not later than 90 days after--
(I) the date of completion of each
milestone established by the Assistant
Secretary under paragraph (7) for the
covered broadband project; and
(II) the date of completion of the
covered broadband project.
(B) Publication of semiannual certification.--The
Assistant Secretary shall publish in the Federal
Register each certification submitted under
subparagraph (A)(i), except that the Assistant
Secretary shall not publish any information in such
certification that the Assistant Secretary determines
to be confidential.
(C) Sharing of information.--Not later than 30 days
after receiving information under subparagraph (A)(ii),
the Assistant Secretary shall provide such information
to the Commission.
(10) Technical assistance.--
(A) In general.--The Assistant Secretary may, at
the request of a covered partnership applying for a
grant under this section, provide technical assistance
and training to such partnership with respect to the
application process and the application to be submitted
by the partnership.
(B) Funding.--Not more than $1,000,000 of the
amount made available to carry out this section may be
used for technical assistance and training under
subparagraph (A).
(C) Coordination.--When providing technical
assistance to a covered partnership, the Assistant
Secretary shall coordinate with any official of the
State in which the political subdivision or political
subdivisions in the covered partnership are located
that is responsible for the expansion of broadband
service in the State.
(11) Relation to other federal and state broadband
programs.--
(A) Universal service fund.--Not later than 5
business days after the Commission receives a request
from the Assistant Secretary for any information the
Assistant Secretary determines necessary to ensure that
any grant made under this section complements and is
not duplicative of high-cost universal service support
provided under section 254 of the Communications Act of
1934 (47 U.S.C. 254), for an area that includes any
portion or all of the area to be served by the covered
broadband project with respect to which the grant is
made, the Commission shall provide the Assistant
Secretary such information.
(B) Rural utilities service.--Not later than 5
business days after the Secretary of Agriculture
receives a request from the Assistant Secretary for any
information the Assistant Secretary determines
necessary to ensure that any grant made under this
section complements and is not duplicative of grants,
loans, or loan guarantees provided by the Secretary of
Agriculture under title VI of the Rural Electrification
Act of 1936 (7 U.S.C. 950bb et seq.), including the
Broadband Grants, Loans, and Loan Guarantees program
and the Community Connect Programs, and the ReConnect
Pilot Program, for an area that includes any portion or
all of the area to be served by the covered broadband
project with respect to which the grant is made, the
Secretary of Agriculture shall provide the Assistant
Secretary such information.
(C) State broadband grant programs.--The Assistant
Secretary shall ensure that any grant made under this
section complements and is not duplicative of grants,
loans, loan guarantees, or other support, provided by a
State to a provider of broadband service in the covered
partnership, that establishes a legally enforceable
obligation for the provider to provide broadband
service with a download speed of at least 25 megabits
per second and an upload speed of at least 3 megabits
per second, in an area that includes any portion or all
of the area to be served by the covered broadband
project with respect to which the grant is made.
(12) Report to congress.--The Assistant Secretary shall
annually submit a report to Congress on the progress of the
program established under this section, based on the
information provided by covered partnerships under paragraph
(8)(A)(ii), until every obligation under each grant provided
under this section is fulfilled.
(13) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000,000
for fiscal year 2023 through fiscal year 2027, to remain
available through fiscal year 2027.
(14) Challenge process.--In the Notice of Funding
Opportunity required to be published under subsection
(b)(1)(B), the Assistant Secretary shall be required to
establish a user-friendly challenge process through which
consumers, State, local, and Tribal governmental entities, and
other entities or individuals may submit information to the
Assistant Secretary to challenge whether--
(A) with respect to an area, such area is an
eligible service area;
(B) with respect to an area, an entity already
provides such service in the area; or
(C) with respect to an area, an entity already has
a legally enforceable obligation to provide broadband
service in the area at 25 megabits per second upload
speed and 3 megabits per second download speed.
(15) Limitation on state or political subdivision.--
(A) Any entity in a covered partnership that is a
State or political subdivision of a State may not
prohibit or have the effect of prohibiting the entity
in a covered partnership that is a provider of fixed
broadband service that is not owned (in whole or in
part) or controlled by the State or any political
subdivision of the State from entering into a covered
partnership on the basis of requiring any obligation,
requirement, duty, or regulation that is inconsistent
with, or exceeds in a material way, any grant condition
required by the Assistant Secretary.
(B) In the case of a covered partnership that
receives a grant under this section, the entity in the
partnership that is a State or political subdivision of
a State may not impose any obligation, requirement,
duty, or regulation that is inconsistent with, or
exceeds in a material way, any grant condition required
by the Assistant Secretary.
(16) Rule of construction.--Nothing in this Act shall be
construed to permit an entity in a covered partnership that is
a State or a political subdivision of a State to own or operate
any facility used to provide broadband service at the
conclusion of the covered partnership.
(c) Definitions.--In this section:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(2) Broadband service.--The term ``broadband service'' has
the meaning given the term broadband internet access service in
section 8.1(b) of title 47, Code of Federal Regulations (or any
successor regulation).
(3) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(4) Covered broadband project.--The term ``covered
broadband project'' means a competitively and technologically
neutral project for the deployment of fixed broadband service
that provides in a eligible service areas broadband service
with a download speed of at least 25 megabits per second, an
upload speed of at least 3 megabits per second, and a latency
sufficient to support real-time applications.
(5) Covered partnership.--The term ``covered partnership''
means--
(A) a partnership between--
(i) a State, if such State does not offer
broadband service;
(ii) one or more political subdivisions of
the State, if such political subdivision or
such political subdivisions (as the case may
be) do not offer broadband service; and
(iii) a provider of fixed broadband service
that is not owned (in whole or in part) or
controlled by the State or any political
subdivision of the State; or
(B) a partnership between--
(i) one or more political subdivisions of a
State, provided such political subdivision or
political subdivisions (as the case may be)
does not offer broadband service; and
(ii) a provider of fixed broadband service
that is not owned (in whole or in part) or
controlled by the State or any political
subdivision of the State.
(6) Eligible service area.--The term ``eligible service
area'' means a household or business location in which
broadband service at 25 megabits per second upload and 3
megabits per second download speed is not available, as
determined by the Assistant Secretary solely on the basis of
the maps created under section 802(c)(1) of the Communications
Act of 1934 (47 U.S.C. 642(c)(1)), except for those areas that
are awarded funding in the Rural Digital Opportunity Fund Phase
II Auction (FCC 20-5) or a High Cost Program.
(7) High cost program.--The term ``high cost program''
means any of the following--
(A) any grant, loan, or loan guarantee provided by
a State to the provider of broadband service for the
deployment of broadband service in the proposed service
area;
(B) any grant, loan, or loan guarantee with respect
to the proposed service area provided by the Secretary
of Agriculture under title VI of the Rural
Electrification Act of 1936 (7 U.S.C. 950bb et seq.),
including the Broadband Grants, Loans, and Loan
Guarantees program, the Community Connect Programs, and
the ReConnect Pilot Program;
(C) any high-cost universal service support
provided under section 254 of the Communications Act of
1934 (47 U.S.C. 254);
(D) any grant provided under section 6001 of the
American Recovery and Reinvestment Act of 2009 (47
U.S.C. 1305);
(E) the Education Stabilization Fund under title
VIII of division B of the CARES Act (Public Law 116-
136); or
(F) any grant, loan, or loan guarantee provided by
the Federal Government for the provision of broadband
service.
(8) Personal wireless services.--The term ``personal
wireless services''--
(A) has the meaning given such term in section 332
of the Communications Act of 1934 (47 U.S.C. 332); and
(B) includes commercial mobile data service (as
defined in section 6001 of the Middle Class Tax Relief
and Job Creation Act of 2012 (47 U.S.C. 1401)).
(9) Political subdivision.--The term ``political
subdivision'' includes a city, county, wireless authority, or
planning district commission.
(10) State.--The term ``State'' means the 50 States, the
District of Columbia, the territories and possessions of the
United States, and federally recognized Indian Tribes.
(11) Telecommunications service.--The term
``telecommunications service'' has the meaning given the term
in section 3 of the Communications Act of 1934 (47 U.S.C. 153).
SEC. 3. MOBILE BROADBAND EXPANSION GRANT PROGRAM.
(a) Notification of Creation of Broadband Maps; Data Sharing.--
(1) In general.--Not later than 3 business days after
creating the maps required under section 802(c)(1) of the
Communications Act of 1934 (47 U.S.C. 642(c)(1)), the
Commission shall notify the Assistant Secretary that such maps
have been created.
(2) Data sharing.--Not less frequently than annually, the
Commission shall, through the process established under section
802(b)(7) of the Communications Act of 1934 (47 U.S.C.
642(b)(7)), provide the Assistant Secretary any data collected
by the Commission pursuant to title VIII of such Act.
(b) Mobile Broadband Grant Program.--
(1) Establishment of grant program; notice of funding
opportunity.--The Assistant Secretary shall, not later than 1
year after the Assistant Secretary is notified as described in
subsection (a)(1)--
(A) establish a program to make grants on a
competitive basis, from amounts made available to carry
out this section, to covered partnerships for covered
mobile broadband service projects; and
(B) publish a Notice of Funding Opportunity in the
Federal Register that includes information about such
program, including any requirement established by this
section.
(2) Limitation; coordination.--
(A) The Assistant Secretary may not make a grant
under this section before the date that is 1 year after
the date on which the Assistant Secretary is notified
as described in subsection (a)(1).
(B) In making a grant award under paragraph (1),
the Assistant Secretary shall coordinate with the
Chairman of the Commission in order to avoid
overbuilding in areas where funds are made available
through the 5G Fund Report and Order (FCC 20-150)
adopted by the Commission on October 27, 2020.
(3) Eligibility requirements.--
(A) In general.--To be eligible for a grant under
this section, a covered partnership shall submit an
application at such time, in such manner, and
containing such information as the Assistant Secretary
may require, but the application shall, at a minimum,
include a description of--
(i) the covered partnership submitting the
application under this paragraph;
(ii) the covered mobile broadband service
project to be funded by the grant, including
the speed or speeds at which the covered
partnership plans to offer mobile broadband
service under the project;
(iii) the cost of the covered mobile
broadband service project to be funded by the
grant, including--
(I) a description of how the
required construction will be funded;
(II) all estimated project costs
for all facilities that are required to
complete the project, including the
costs of upgrading, replacing, or
otherwise modifying the existing
facilities to expand coverage or meet
performance requirements;
(III) a description of how grant
funds will be used in combination with
other funds to support the mobile
broadband service project;
(IV) in the case of a mobile
broadband service project that will be
partially supported by loans, financial
projections demonstrating that the
covered partnership can cover the
necessary debt service payments over
the life of any loan; and
(V) financial projects
demonstrating that the covered
partnership will remain financially
stable at the conclusion of the grant
award;
(iv) the area to be served by the covered
mobile broadband service project (in this
subsection referred to as the ``proposed
service area'');
(v) how the State, political subdivision,
or political subdivisions in the covered
partnership chose which provider of mobile
broadband service to enter into a partnership
with for the purposes of applying for a grant
under this section; and
(vi) any support (other than support for a
wireline service) that the provider of mobile
broadband service that is in the covered
partnership has received through--
(I) any grant, loan, or loan
guarantee provided by a State to the
provider of mobile broadband service
for the deployment of mobile broadband
service in the proposed service area;
(II) any high-cost universal
service support provided under section
254 of the Communications Act of 1934
(47 U.S.C. 254);
(III) any grant provided under
section 6001 of the American Recovery
and Reinvestment Act of 2009 (47 U.S.C.
1305);
(IV) the Education Stabilization
Fund under title VIII of division B of
the CARES Act (Public Law 116-136);
(V) any other grant, loan, or loan
guarantee provided by the Federal
Government for the provision of
broadband service; or
(VI) any legally enforceable mobile
broadband deployment obligations to
which the provider of mobile broadband
service is subject in the eligible
service area.
(B) Requirement to streamline permitting process.--
(i) In general.--In order for a covered
partnership to be eligible for a grant under
this section each covered entity may only
charge a fee to consider an application for the
placement, construction, or modification of a
facility for the provision of broadband
service, personal wireless services, or
telecommunications service in the proposed
service area or an application to use a right-
of-way or a facility in a right-of-way owned or
managed by that entity for the placement,
construction, or modification of a facility for
the provision of any such service in the
proposed service area, if the fee for
considering such application is--
(I) nondiscriminatory;
(II) publicly disclosed; and
(III) based on actual and direct
costs, such as costs for the review and
processing of such applications.
(ii) Covered entity defined.--In this
subparagraph, the term ``covered entity''
means--
(I) an entity in the partnership
that is a State or political
subdivision of a State; and
(II) a political subdivision in
which all or part of the proposed
service area is located.
(4) Priority.--In awarding grants under this section, the
Assistant Secretary shall give priority to applications for
covered mobile broadband service projects as follows (in
decreasing order of priority):
(A) Covered mobile broadband service projects
designed to provide mobile broadband service to an
eligible service in which the greatest number of
households in the eligible service area do not have
fixed broadband service with a download speed of 25
megabits per second and an upload speed of 3 megabits
per second, as determined by the Assistant Secretary on
the basis of the maps required under section 802(c)(1)
of the Communications Act of 1934 (47 U.S.C.
642(c)(1)).
(B) Covered mobile broadband service projects
designed to provide mobile broadband service in an
eligible service area that is wholly within any area
other than--
(i) a county, city, or town that has a
population of greater than 50,000 inhabitants;
and
(ii) the urbanized area contiguous and
adjacent to such a city or town.
(C) Covered mobile broadband service projects that
are most cost-effective.
(D) Covered mobile broadband service projects that
are most rural.
(E) Covered mobile broadband service projects
designed to provide 5th Generation long-term evolution
or future generation of service that meets the
standards set forth in Release 15, or any successor
release, of the 3rd Generation Partnership Project.
(F) Any other covered mobile broadband service
project that meets the requirements of this section.
(5) Federal contribution.--The amount of any grant provided
to a covered partnership under this section may not exceed 75
percent of the total cost of the covered mobile broadband
service project.
(6) Grant conditions.--
(A) Requirements.--As a condition of receiving a
grant under this section for a covered mobile broadband
service project, a covered partnership shall provide
mobile broadband service under the project using the
facilities of the provider of mobile broadband service
in the covered partnership and not exclusively through
the resale of the service of another provider of
personal wireless services.
(B) Prohibitions.--As a condition of receiving a
grant under this section, the Assistant Secretary shall
prohibit--
(i) a provider of mobile broadband service
that is in the covered partnership receiving
the grant under this section--
(I) from using grant amounts
provided under this section to repay,
or make any other payment relating to,
a loan made by any public or private
lender;
(II) from using grant amounts
provided under this section as
collateral for a loan made by any
public or private lender; and
(III) from using more than $75,000
of grant amounts provided under this
section to pay for the preparation of
an application for a grant under this
section; and
(ii) a State, or a political subdivision of
a State, that is in the covered partnership
receiving the grant under this section, after
accepting a grant under this section from
offering mobile broadband service.
(C) Nondiscrimination.--The Assistant Secretary may
not require a provider of mobile broadband service that
is in an eligible partnership to be designated as an
eligible telecommunications carrier pursuant to section
214(e) of the Communications Act of 1934 (47 U.S.C.
214(e)) for the covered partnership to be eligible to
receive a grant under this section or as a condition of
the covered partnership receiving a grant under this
section.
(D) Collocation.--A covered entity (as defined in
paragraph (3)(B)(ii)) may not prohibit or have the
effect of prohibiting the collocation of personal
wireless service facilities at any site at which the
covered partnership has deployed a personal wireless
service facility in connection with a grant made
available in this section.
(7) Build-out, notification, and accountability
requirement.--
(A) In general.--The Assistant Secretary shall
establish build-out, accountability, and (in accordance
with paragraph (8)) reporting requirements for covered
partnerships that receive grants under this section,
including, for each covered partnership that receives a
grant under this section, milestones for the deployment
of mobile broadband service under the covered mobile
broadband service project funded by the grant.
(B) Notification to commission.--Upon establishing
a build-out, accountability, or reporting requirement
under subparagraph (A), the Assistant Secretary shall
transmit to the Commission a notification describing
such requirement.
(C) Penalty.--If a covered partnership fails to
meet a build out requirement under subparagraph (A),
the Assistant Secretary shall--
(i) recover any funds made available to the
covered partnership; and
(ii) assess a covered partnership (to be
split equally among each entity in the
partnership) a fine of not less than 50 percent
of the funds made available to the covered
partnership.
(8) Reporting requirements.--
(A) In general.--A covered partnership that
receives a grant under this section shall--
(i) semiannually submit to the Assistant
Secretary a certification that identifies the
areas for which mobile broadband service have
been deployed under the covered mobile
broadband service project funded by the grant,
to assess compliance with mobile broadband
service build-out milestones established by the
Assistant Secretary under paragraph (7) for the
project; and
(ii) provide to the Assistant Secretary
complete, reliable, and precise information (in
a manner consistent with how information is
submitted under section 802 of the
Communications Act of 1934 (47 U.S.C. 642)) on
each area receiving access to mobile broadband
service through the covered mobile broadband
service project funded by the grant, not later
than 90 days after--
(I) the date of completion of each
milestone established by the Assistant
Secretary under paragraph (6) for the
covered mobile broadband service
project; and
(II) the date of completion of the
covered mobile broadband service
project.
(B) Publication of semiannual certification.--The
Assistant Secretary shall publish in the Federal
Register each certification submitted under
subparagraph (A)(i), except that the Assistant
Secretary shall not publish any information in such
certification that the Assistant Secretary determines
to be confidential.
(C) Sharing of information.--Not later than 30 days
after receiving information under subparagraph (A)(ii),
the Assistant Secretary shall provide such information
to the Commission.
(9) Technical assistance.--
(A) In general.--The Assistant Secretary may, at
the request of a covered partnership applying for a
grant under this section, provide technical assistance
and training to such partnership with respect to the
application process and the application to be submitted
by the partnership.
(B) Funding.--Not more than $1,000,000 of the
amount made available to carry out this section may be
used for technical assistance and training under
subparagraph (A).
(C) Coordination.--When providing technical
assistance to a covered partnership, the Assistant
Secretary shall coordinate with any official of the
State in which the political subdivision or political
subdivisions in the covered partnership are located
that is responsible for the expansion of personal
wireless services in the State.
(10) Relation to other federal and state broadband
programs.--
(A) Universal service fund.--Not later than 5
business days after the Commission receives a request
from the Assistant Secretary for any information the
Assistant Secretary determines necessary to ensure that
any grant made under this section complements and is
not duplicative of high-cost universal service support
provided under section 254 of the Communications Act of
1934 (47 U.S.C. 254), for an area that includes any
portion or all of the area to be served by the covered
mobile broadband service project with respect to which
the grant is made, the Commission shall provide the
Assistant Secretary such information.
(B) State broadband grant programs.--The Assistant
Secretary shall ensure that any grant made under this
section complements and is not duplicative of grants,
loans, loan guarantees, or other support, provided by a
State to a provider of mobile broadband service in the
covered partnership, that establishes a legally
enforceable obligation for the provider to provide
broadband service with a download speed of at least 25
megabits per second and an upload speed of at least 3
megabits per second, in an area that includes any
portion or all of the area to be served by the covered
mobile broadband service project with respect to which
the grant is made.
(11) Challenge process.--In the Notice of Funding
Opportunity required to be published under subsection
(b)(1)(B), the Assistant Secretary shall be required to
establish a user-friendly challenge process through which
consumers, State, local, and Tribal governmental entities, and
other entities or individuals may submit information to the
Assistant Secretary to challenge whether--
(A) with respect to an area, such area is an
eligible service area;
(B) with respect to an area, an entity already
provides such service in the area; or
(C) with respect to an area, an entity already has
a legally enforceable obligation to provide mobile
broadband service in the area.
(12) Limitation on state or political subdivision.--
(A) Any entity in a covered partnership that is a
State or political subdivision of a State may not
prohibit or have the effect of prohibiting the entity
in a covered partnership that is a provider of mobile
broadband service that is not owned (in whole or in
part) or controlled by the State or any political
subdivision of the State from entering into a covered
partnership on the basis of requiring any obligation,
requirement, duty, or regulation that is inconsistent
with, or exceeds in a material way, any grant condition
required by the Assistant Secretary.
(B) In the case of a covered partnership that
receives a grant under this section, the entity in the
partnership that is a State or political subdivision of
a State may not impose any obligation, requirement,
duty, or regulation that is inconsistent with, or
exceeds in a material way, any grant condition required
by the Assistant Secretary.
(13) Rule of construction.--Nothing in this Act shall be
construed to permit an entity in a covered partnership that is
a State or a unit of local government to own or operate any
facility used to provide mobile broadband service at the
conclusion of the covered partnership.
(14) Report to congress.--The Assistant Secretary shall
annually submit a report to Congress on the progress of the
program established under this section, based on the
information provided by covered partnerships under paragraph
(8)(A)(ii), until every obligation under each grant provided
under this section is fulfilled.
(15) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $3,000,000,000 for
fiscal year 2023 through fiscal year 2027, to remain available
through fiscal year 2027.
(c) Definitions.--In this section:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(2) Broadband service.--The term ``broadband service'' has
the meaning given the term broadband internet access service in
section 8.1(b) of title 47, Code of Federal Regulations (or any
successor regulation).
(3) Cell edge probability; cell loading.--The terms ``cell
edge probability'' and ``cell loading'' have the meaning given
those terms in section 801 of the Communications Act of 1934
(47 U.S.C. 641).
(4) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(5) Covered mobile broadband service project.--The term
``covered mobile broadband service project'' means a
competitively and technologically neutral project for the
deployment of mobile broadband service in an eligible service
area.
(6) Covered partnership.--The term ``covered partnership''
means--
(A) a partnership between--
(i) a State, if such State does not offer
personal wireless services;
(ii) one or more political subdivisions of
the State, if such political subdivision or
such political subdivisions (as the case may
be) do not offer mobile broadband service; and
(iii) a provider of mobile broadband
service that is not owned (in whole or in part)
or controlled by the State or any political
subdivision of the State; or
(B) a partnership between--
(i) one or more political subdivisions of a
State, provided such political subdivision or
political subdivisions (as the case may be)
does not offer mobile broadband service; and
(ii) a provider of mobile broadband service
that is not owned (in whole or in part) or
controlled by the State or any political
subdivision of the State.
(7) Eligible service area.--The term ``eligible service
area'' means an area not smaller than a census block in which
mobile broadband service is not available, as determined by the
Assistant Secretary solely on the basis of the maps created
under section 802(c)(1) of the Communications Act of 1934 (47
U.S.C. 642(c)(1)), except such areas that are eligible for
support or are awarded support under the 5G Fund Report and
Order (FCC 20-150) adopted by the Commission on October 27,
2020.
(8) Mobile broadband service.--The term ``mobile broadband
service'' means 4th Generation long-term evolution service, 5th
Generation long-term evolution service, or future generation of
service that meets the standards set forth in Release 10, or
any successor release, of the 3rd Generation Partnership
Project.
(9) Personal wireless services.--The term ``personal
wireless services''--
(A) has the meaning given such term in section 332
of the Communications Act of 1934 (47 U.S.C. 332); and
(B) includes commercial mobile data service (as
defined in section 6001 of the Middle Class Tax Relief
and Job Creation Act of 2012 (47 U.S.C. 1401)).
(10) Personal wireless service facility.--The term
``personal wireless service facility'' means a facility for the
provision of personal wireless service.
(11) Political subdivision.--The term ``political
subdivision'' includes a city, county, wireless authority, or
planning district commission.
(12) State.--The term ``State'' means the 50 States, the
District of Columbia, the territories and possessions of the
United States, and federally recognized Indian Tribes.
(13) Telecommunications service.--The term
``telecommunications service'' has the meaning given the term
in section 3 of the Communications Act of 1934 (47 U.S.C. 153).
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