[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1885 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 1885
To provide funds to assess the availability, accelerate the deployment,
and improve the sustainability of advanced communications services and
communications infrastructure in rural America, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 27, 2021
Mr. Thune (for himself, Ms. Hassan, Mr. Moran, and Ms. Cortez Masto)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To provide funds to assess the availability, accelerate the deployment,
and improve the sustainability of advanced communications services and
communications infrastructure in rural America, 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 ``Rural Connectivity Advancement
Program Act of 2021''.
SEC. 2. DEPOSIT OF SPECTRUM AUCTION PROCEEDS IN RURAL BROADBAND
ASSESSMENT AND DEPLOYMENT FUND.
Section 309(j)(8) of the Communications Act of 1934 (47 U.S.C.
309(j)(8)) is amended--
(1) in subparagraph (A), by striking ``and (G)'' and
inserting ``(G), and (H)''; and
(2) by adding at the end the following:
``(H) Certain proceeds designated for rural
broadband assessment and deployment fund.--
``(i) Assessment and deployment set-
aside.--Notwithstanding subparagraph (A), and
except as provided in subparagraphs (B), (D),
(E), (F), and (G), 10 percent of the net
proceeds from each use of a system of
competitive bidding under this subsection that
is mandated by an Act of Congress and that
begins on or after the date of enactment of the
Rural Connectivity Advancement Program Act of
2021 shall be deposited in the Rural Broadband
Assessment and Deployment Fund established
under section 3 of that Act.
``(ii) Definition.--For purposes of this
subparagraph, the term `net proceeds', with
respect to the use of a system of competitive
bidding, means the proceeds remaining after
subtracting all auction-related expenditures,
including--
``(I) relocation payments,
including accelerated relocation
payments;
``(II) payments to incumbent
licensees for the relinquishment of all
or a portion of the spectrum usage
rights of those licensees;
``(III) costs associated with the
reallocation of spectrum, whether on an
exclusive or shared use basis;
``(IV) relocation or sharing costs,
including for planning for relocation
or sharing; and
``(V) bidding credits.''.
SEC. 3. DIRECTION AND USE OF RURAL BROADBAND ASSESSMENT AND DEPLOYMENT
FUND PROCEEDS.
(a) Definitions.--In this section--
(1) the term ``Commission'' means the Federal
Communications Commission;
(2) the term ``high-cost programs'' means--
(A) the program for Universal Service Support for
High-Cost Areas set forth under subpart D of part 54 of
title 47, Code of Federal Regulations, or any successor
regulations;
(B) the Rural Digital Opportunity Fund set forth
under subpart J of part 54 of title 47, Code of Federal
Regulations, or any successor regulations;
(C) the Interstate Common Line Support Mechanism
for Rate-of-Return Carriers set forth under subpart K
of part 54 of title 47, Code of Federal Regulations, or
any successor regulations;
(D) the Mobility Fund set forth under subpart L of
part 54 of title 47, Code of Federal Regulations, or
any successor regulations;
(E) the High Cost Loop Support for Rate-of-Return
Carriers program set forth under subpart M of part 54
of title 47, Code of Federal Regulations, or any
successor regulations;
(F) the Uniendo a Puerto Rico Fund and the Connect
USVI Fund set forth under subpart O of part 54 of title
47, Code of Federal Regulations, or any successor
regulations; and
(G) the Rural Broadband Experiments, as established
by the Commission under part 54 of title 47, Code of
Federal Regulations;
(3) the term ``net proceeds'' has the meaning given the
term in subparagraph (H) of section 309(j)(8) of the
Communications Act of 1934 (47 U.S.C. 309(j)(8)), as added by
section 2 of this Act; and
(4) the term ``Rural Broadband Assessment and Deployment
Fund'' means the fund established under subsection (b).
(b) Establishment of Fund.--There is established in the Treasury of
the United States a fund to be known as the ``Rural Broadband
Assessment and Deployment Fund''.
(c) Borrowing Authority.--
(1) In general.--With respect to any auction described in
subparagraph (H)(i) of section 309(j)(8) of the Communications
Act of 1934 (47 U.S.C. 309(j)(8)), as added by section 2 of
this Act, on or after the date on which the Commission makes a
final determination of the amount of net proceeds that will be
deposited in the Rural Broadband Assessment and Deployment Fund
under such subparagraph (H)(i) as a result of that auction, the
Commission may borrow not more than that amount from the
Treasury of the United States.
(2) Reimbursement.--The Commission shall reimburse the
general fund of the Treasury, without interest, for any amounts
borrowed under paragraph (1) as funds are deposited into the
Rural Broadband Assessment and Deployment Fund.
(d) Availability of Amounts.--Any amounts borrowed under subsection
(c)(1) and any amounts in the Rural Broadband Assessment and Deployment
Fund that are not necessary for reimbursement of the general fund of
the Treasury for such borrowed amounts shall be available to the
Commission for use in accordance with subsection (e).
(e) Use of Amounts.--
(1) Establishment of program or programs.--The Commission
shall use the amounts made available under subsection (d) to
establish 1 or more programs that are separate from, but are
coordinated with and complement, the high-cost programs to
address--
(A) gaps that remain in broadband internet access
service coverage in high-cost rural areas despite the
operations of the high-cost programs; and
(B) shortfalls in sufficient funding of the high-
cost programs that could adversely affect the
sustainability of services or reasonable comparability
of rates that are supported by those programs.
(2) Purposes.--In carrying out paragraph (1), the
Commission shall use amounts made available under subsection
(d) in an efficient and cost-effective manner only--
(A) for the assessment of, and to provide subsidies
in a technology-neutral manner through a competitive
process (subject to weighting preferences for
performance quality and other service metrics as the
Commission may find appropriate) to providers for
support of, deployment of broadband-capable
infrastructure in high-cost rural areas that the
Commission determines are unserved by fixed terrestrial
broadband internet access service at a download speed
of not less than 25 megabits per second and an upload
speed of not less than 3 megabits per second (or such
higher speed as the Commission may determine
appropriate based upon an evolving definition of
universal service); and
(B) to assess, and provide subsidies to providers
to enable providers to sustain, broadband internet
access service in any rural area in which--
(i) not more than 1 provider of fixed
terrestrial broadband internet access service
operates; and
(ii) the high-cost nature of the area
precludes the offering of voice service and
broadband internet access service at rates and
performance levels available in urban areas as
determined by the Urban Rate Survey conducted
by the Commission.
(3) Tribal considerations.--In distributing amounts under
this subsection, the Commission shall consider the broadband
internet access service needs of residents of Tribal lands (as
defined in section 54.400 of title 47, Code of Federal
Regulations, or any successor regulation).
(4) Limitations.--
(A) Prohibition on funding other programs.--
(i) In general.--The Commission may not use
amounts made available under subsection (d) to
fund any program that was not established by
the Commission under paragraph (1) of this
subsection, including any program established
under section 254 of the Communications Act of
1934 (47 U.S.C. 254) in effect on the date of
enactment of this Act, except for using the
Universal Service Administrative Company to
administer funding.
(ii) Rule of construction.--Nothing in
clause (i) shall be construed to prohibit the
Commission from using amounts made available
under subsection (d) to supplement the
provision of support under the high-cost
programs, as authorized under paragraph (1)(B)
of this subsection.
(B) Transparency and accountability for addressing
gaps in coverage.--The Commission shall establish
transparency and accountability requirements for
amounts made available for the purpose set forth in
paragraph (1)(A) that, at a minimum--
(i) provide--
(I) a process for challenging any
initial determination by the Commission
regarding whether an area is served or
unserved; and
(II) written public notice on the
website of the Commission of--
(aa) how each challenge
under subparagraph (I) was
decided; and
(bb) the reasons of the
Commission for each decision;
(ii) establish broadband service buildout
milestones and require periodic certification
by funding recipients to ensure compliance with
the broadband service buildout milestones;
(iii) establish a maximum buildout
timeframe of 4 years beginning on the date on
which funding is provided to a funding
recipient;
(iv) establish periodic reporting
requirements for funding recipients that
identify, at a minimum, the speed of, and
technology used for, the service provided in
each area where funding is provided;
(v) establish standard penalties for
noncompliance with the requirements established
under this subparagraph and as may be further
prescribed by the Commission;
(vi) establish procedures for recovery of
funds, in whole or in part, from funding
recipients in the event of default or
noncompliance with the requirements established
under this subparagraph and as may be further
prescribed by the Commission; and
(vii) require a funding recipient to--
(I) offer voice service and
broadband internet access service; and
(II) permit a consumer to subscribe
to one type of service described in
subclause (I) or both types.
(C) Transparency and accountability for addressing
shortfalls in funding.--The Commission shall establish
transparency and accountability requirements for
amounts made available for the purpose set forth in
subparagraph (1)(B) that, at a minimum--
(i) establish periodic reporting and
certification requirements for funding
recipients to ensure that the funding results
in the offering of voice service and broadband
internet access service at reasonably
comparable rates and performance levels;
(ii) establish standard penalties for
noncompliance with the requirements established
under this subparagraph and as may be further
prescribed by the Commission;
(iii) establish procedures for recovery of
funds, in whole or in part, from funding
recipients in the event of default or
noncompliance with the requirements established
under this subparagraph and as may be further
prescribed by the Commission; and
(iv) require a funding recipient to--
(I) offer voice service and
broadband internet access service; and
(II) permit a consumer to subscribe
to one type of service described in
subclause (I) or both types.
(f) Reports.--
(1) Annual auction proceeds deployment report.--Not later
than 270 days after the date of enactment of this Act, and not
less frequently than annually thereafter until all amounts have
been distributed, the Commission shall publish and submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House of
Representatives a report on the distribution of amounts made
available under subsection (d).
(2) Auction-specific deposit reports.--Not later than 30
days after the date on which the Commission announces the
results of an auction described in subparagraph (H)(i) of
section 309(j)(8) of the Communications Act of 1934 (47 U.S.C.
309(j)(8)), as added by section 2 of this Act, the Commission
shall publish and submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report that
estimates the amount of net proceeds that will be deposited in
the Rural Broadband Assessment and Deployment Fund under that
subparagraph as a result of that auction.
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