[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2473 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 2473
To provide grants for the construction, improvement, and acquisition of
middle mile infrastructure.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 26, 2021
Ms. Rosen (for herself and Mr. King) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To provide grants for the construction, improvement, and acquisition of
middle mile infrastructure.
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 ``Middle Mile Broadband Deployment
Act''.
SEC. 2. ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURE.
(a) Definitions.--In this section:
(1) Anchor institution.--The term ``anchor institution''
means a school, library, medical or healthcare provider,
community college or other institution of higher education, or
other community support organization or entity.
(2) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(3) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(4) Eligible entity.--The term ``eligible entity'' means--
(A) a State, political subdivision of a State,
Tribal government, technology company, electric
utility, utility cooperative, public utility district,
telecommunications company, telecommunications
cooperative, nonprofit foundation, nonprofit
corporation, nonprofit institution, nonprofit
association, regional planning counsel, Native entity,
or economic development authority; or
(B) a partnership of 2 or more entities described
in subparagraph (A).
(5) FCC fixed broadband map.--The term ``FCC fixed
broadband map'' means the map created by the Commission under
section 802(c)(1)(B) of the Communications Act of 1934 (47
U.S.C. 642(c)(1)(B)).
(6) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(7) Interconnect.--The term ``interconnect'' means the
physical linking of 2 networks for the mutual exchange of
traffic on non-discriminatory terms and conditions.
(8) Internet exchange facility.--The term ``internet
exchange facility'' means physical infrastructure through which
internet service providers and content delivery networks
exchange internet traffic between their networks.
(9) Middle mile infrastructure.--The term ``middle mile
infrastructure''--
(A) means any broadband infrastructure that does
not connect directly to an end-user location, including
an anchor institution; and
(B) includes--
(i) leased dark fiber, interoffice
transport, backhaul, internet exchange
facilities, carrier-neutral submarine cable
landing stations, undersea cables, transport
connectivity to data centers, special access
transport, and other similar services; and
(ii) wired or private wireless broadband
infrastructure, including microwave capacity,
radio tower access, and other services or
infrastructure for a private wireless broadband
network, such as towers, fiber, and microwave
links.
(10) Middle mile grant.--The term ``middle mile grant''
means a grant awarded under subsection (c).
(11) Native entity.--The term ``Native entity'' means--
(A) an Indian Tribe;
(B) an Alaska Native Corporation;
(C) a Native Hawaiian organization (as defined in
section 6207 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7517));
(D) the Department of Hawaiian Home Lands; and
(E) the Office of Hawaiian Affairs.
(12) State.--The term ``State'' has the meaning given the
term in section 3 of the Communications Act of 1934 (47 U.S.C.
153).
(13) Submarine cable landing station.--The term ``submarine
cable landing station'' means a cable landing station, as that
term is used in section 1.767(a)(5) of title 47, Code of
Federal Regulations (or any successor regulation), that can be
utilized to land a submarine cable by an entity that has
obtained a license under the first section of the Act entitled
``An Act relating to the landing and operation of submarine
cables in the United States'', approved May 27, 1921 (47 U.S.C.
34) (commonly known as the ``Cable Landing Licensing Act'').
(14) Tribal government.--The term ``Tribal government''
means the recognized governing body of any Indian or Alaska
Native tribe, band, nation, pueblo, village, community,
component band, or component reservation, individually
identified (including parenthetically) in the list published
most recently as of the date of enactment of this Act pursuant
to section 104 of the Federally Recognized Indian Tribe List
Act of 1994 (25 U.S.C. 5131).
(15) Trust land.--The term ``trust land'' has the meaning
given the term in section 3765 of title 38, United States Code.
(16) Underserved.--The term ``underserved'', with respect
to an area, means an area--
(A) that is designated as a Tribally underserved
area through the process described in subsection (g);
or
(B) that--
(i) is of a standard size not larger than a
census block, as established by the Commission;
(ii) is not an unserved area; and
(iii) as determined in accordance with the
FCC fixed broadband map, does not have access
to broadband service with--
(I) except as provided in subclause
(II)--
(aa) a download speed of
not less than 100 megabits per
second; and
(bb) an upload speed of not
less than 20 megabits per
second; or
(II) minimum download and upload
speeds established as benchmarks by the
Commission for purposes of this Act
after the date of enactment of this
Act, if those minimum speeds are higher
than the minimum speeds required under
subclause (I).
(17) Unserved.--The term ``unserved'', with respect to an
area, means an area--
(A) that is designated as a Tribally underserved
area through the process described in subsection (g);
or
(B) that--
(i) is of a standard size not larger than a
census block, as established by the Commission;
and
(ii) as determined in accordance with the
FCC fixed broadband map, does not have access
to broadband service--
(I) except as provided in subclause
(II)--
(aa) a download speed of
not less than 25 megabits per
second; and
(bb) an upload speed of not
less than 3 megabits per
second; or
(II) minimum download and upload
speeds established as benchmarks by the
Commission for purposes of this Act
after the date of enactment of this
Act, if those minimum speeds are higher
than the minimum speeds required under
subclause (I).
(b) Purpose; Sense of Congress.--
(1) Purpose.--The purposes of this section are--
(A) to encourage the expansion and extension of
middle mile infrastructure to reduce the cost of
connecting unserved and underserved areas to the
backbone of the internet (commonly referred to as the
``last mile''); and
(B) to promote broadband connection resiliency
through the creation of alternative network connection
paths that can be designed to prevent single points of
failure on a broadband network.
(2) Sense of congress.--It is the sense of Congress that--
(A) in awarding middle mile grants, the Assistant
Secretary should give priority to--
(i) projects that leverage existing rights-
of-way, assets, and infrastructure to minimize
financial, regulatory, and permitting
challenges;
(ii) projects in which the eligible entity
designs the route of the middle mile
infrastructure to enable the connection of
unserved anchor institutions, including Tribal
anchor institutions; and
(iii) projects that--
(I) improve the redundancy and
resiliency of existing middle mile
infrastructure, including those
projects that facilitate
interconnection with existing
infrastructure, including add/drop
capabilities at existing amplification
sites and the ability to add splice
cases with adequate fiber slack to
build laterals that support future
carrier-neutral interconnection
facilities and connections to anchor
institutions; and
(II) reduce regulatory and
permitting barriers to promote the
construction of new middle mile
infrastructure; and
(B) a regulated utility should use funds received
from a middle mile grant as a supplement to the core
utility capital investment plan of the regulated
utility to--
(i) facilitate increased broadband
resiliency or redundancy of existing middle
mile infrastructure; or
(ii) provide connectivity to unserved areas
and underserved areas within the service
territory of the utility and nearby
communities.
(c) Middle Mile Grants.--The Assistant Secretary shall establish a
program under which the Assistant Secretary makes grants on a
technology-neutral, competitive basis to eligible entities for the
construction, improvement, or acquisition of middle mile
infrastructure.
(d) Applications for Grants.--
(1) In general.--The Assistant Secretary shall establish an
application process for middle mile grants in accordance with
this subsection.
(2) Evaluation of applications.--In establishing an
application process for middle mile grants under paragraph (1),
the Assistant Secretary shall give priority to an application
from an eligible entity that satisfies 2 or more of the
following conditions:
(A) The eligible entity adopts fiscally sustainable
middle mile strategies.
(B) The eligible entity commits to offering non-
discriminatory interconnect to terrestrial and wireless
last mile broadband providers and any other party
making a bona fide request.
(C) The eligible entity identifies specific
terrestrial and wireless last mile broadband providers
that have--
(i) expressed written interest in
interconnecting with middle mile infrastructure
planned to be deployed by the eligible entity;
and
(ii) demonstrated sustainable business
plans or adequate funding sources with respect
to the interconnect described in clause (i).
(D) The eligible entity has identified supplemental
investments or in-kind support (such as waived
franchise or permitting fees) that will accelerate the
completion of the planned project.
(E) The eligible entity has demonstrated that the
middle mile infrastructure will benefit national
security interests of the United States and the
Department of Defense.
(3) Grant application competence.--The Assistant Secretary
shall include in the application process established under
paragraph (1) a requirement that an eligible entity provide
evidence that the eligible entity is capable of carrying out a
proposed project in a competent manner, including by
demonstrating that the eligible entity has the financial,
technical, and operational capability to carry out the proposed
project and operate the resulting middle mile broadband
network.
(e) Eligibility.--
(1) Prioritization.--To be eligible to obtain a middle mile
grant, an eligible entity shall agree, in the application
submitted through the process established under subsection (d),
to prioritize--
(A) connecting middle mile infrastructure to last
mile networks that provide or plan to provide broadband
service to households in unserved areas;
(B) connecting non-contiguous trust lands; or
(C) the offering of wholesale broadband service at
reasonable rates on a carrier-neutral basis.
(2) Buildout timeline.--Subject to paragraph (5), to be
eligible to obtain a middle mile grant, an eligible entity
shall agree, in the application submitted through the process
established under subsection (d), to complete buildout of the
middle mile infrastructure described in the application by not
later than 5 years after the date on which amounts from the
grant are made available to the eligible entity.
(3) Project eligibility requirements.--
(A) Capability to support retail broadband
service.--A project shall be eligible for a middle mile
grant if, at the time of the application, the Assistant
Secretary determines that the proposed middle mile
broadband network--
(i) will be capable of supporting retail
broadband service that meets speed, latency,
reliability, consistency in quality of service,
and related criteria, as the Assistant
Secretary shall determine; and
(ii) will be able to easily scale speeds
over time to--
(I) meet the evolving connectivity
needs of households, businesses, and
anchor institutions; and
(II) support the deployment of 5G,
successor wireless technologies, and
other advanced services.
(B) Mapping data.--
(i) Use of most recent data.--In mapping
out gaps in broadband coverage, an eligible
entity that uses a middle mile grant to build
out terrestrial or fixed wireless middle mile
infrastructure shall use the most recent
broadband mapping data available from one of
the following sources:
(I) The FCC fixed broadband map.
(II) The State in which the area
that will be served by the middle mile
infrastructure is located, or the
Tribal government with jurisdiction
over the area that will be served by
the middle mile infrastructure (if
applicable).
(III) Speed and usage surveys of
existing broadband service that--
(aa) demonstrate that more
than 25 percent of the
respondents display a broadband
service speed that is slower
than the speeds required for an
area to qualify as unserved;
and
(bb) are conducted by--
(AA) the eligible
entity;
(BB) the State in
which the area that
will be served by the
middle mile
infrastructure is
located; or
(CC) the Tribal
government with
jurisdiction over the
area that will be
served by the middle
mile infrastructure (if
applicable).
(ii) Sharing facility locations.--
(I) Definition.--In this clause,
the term ``covered recipient'', with
respect to an eligible entity, means--
(aa) the Assistant
Secretary;
(bb) the Commission;
(cc) the Tribal government
with jurisdiction over the area
that will be served by the
middle mile infrastructure (if
applicable); and
(dd) the State broadband
office for the State in which
the area that will be served by
the middle mile infrastructure
is located.
(II) Provision of information.--
Subject to subclauses (III) and (IV),
an eligible entity that constructs,
improves, or acquires middle mile
infrastructure using a middle mile
grant shall share with each covered
recipient the location of all the
middle mile broadband infrastructure.
(III) Format.--An eligible entity
shall provide the information required
under subclause (II) to each covered
recipient in a uniform format
determined by the Assistant Secretary.
(IV) Protection of information.--
(aa) In general.--The
information provided by an
eligible entity under subclause
(II) may only be used for
purposes of carrying out the
grant program under subsection
(c) and any reporting related
thereto.
(bb) Legal defenses.--
(AA) In general.--A
covered recipient may
not receive information
under subclause (II)
unless the covered
recipient agrees in
writing to assert all
available legal
defenses to the
disclosure of the
information if a person
or entity seeks
disclosure from the
covered recipient under
any Federal, State, or
local public disclosure
law.
(BB) Rule of
construction.--Nothing
in subitem (AA) is
intended to be or shall
be construed as a
waiver of Tribal
sovereign immunity.
(C) Connection to anchor institutions.--To the
extent feasible, an eligible entity that receives a
middle mile grant to build middle mile infrastructure
using fiber optic technology shall--
(i) ensure that the proposed middle mile
broadband network will be capable of providing
broadband to an anchor institution at a speed
of not less than--
(I) 1 gigabit per second for
downloads; and
(II) 1 gigabit per second for
uploads to an anchor institution; and
(ii) include direct interconnect facilities
that will facilitate the provision of broadband
service to anchor institutions located within
1,000 feet of the middle mile infrastructure.
(D) Interconnection and nondiscrimination.--
(i) In general.--An eligible entity that
receives a middle mile grant to build a middle
mile project using fiber optic technology shall
offer interconnection in perpetuity, where
technically feasible without exceeding current
or reasonably anticipated capacity limitations,
on reasonable rates and terms to be negotiated
with requesting parties.
(ii) Nature of interconnection.--The
interconnection required to be offered under
clause (i) includes both the ability to connect
to the public internet and physical
interconnection for the exchange of traffic.
(iii) Inclusion in application.--An
applicant for a middle mile grant shall
disclose the applicant's proposed
interconnection, nondiscrimination, and network
management practices in the application
submitted through the process established under
subsection (d).
(4) Accountability.--The Assistant Secretary shall--
(A) establish sufficient transparency,
accountability, reporting, and oversight measures for
the grant program established under subsection (c) to
deter waste, fraud, and abuse of program funds; and
(B) establish--
(i) buildout requirements for each eligible
entity that receives a middle mile grant, which
shall require the completion of a certain
percentage of project miles by a certain date;
and
(ii) penalties, which may include
rescission of funds, for grantees that do not
meet requirements described in clause (i) or
the deadline under paragraph (2).
(5) Extensions.--
(A) In general.--At the request of an eligible
entity, the Assistant Secretary may extend the buildout
deadline under paragraph (2) by not more than 1 year if
the eligible entity certifies that--
(i) the eligible entity has a plan for use
of the middle mile grant;
(ii) the project to build out middle mile
infrastructure is underway; or
(iii) extenuating circumstances require an
extension of time to allow completion of the
project to build out middle mile
infrastructure.
(B) Effect on interim buildout requirements.--If
the Assistant Secretary grants an extension under
subparagraph (A), the Assistant Secretary shall modify
any buildout requirements established under paragraph
(4)(B)(i) as necessary.
(f) Federal Share.--The amount of a middle mile grant awarded to an
eligible entity may not exceed 70 percent of the total project cost.
(g) Special Rules for Tribal Governments.--
(1) Waivers; alternative requirements.--The Assistant
Secretary, in consultation with Tribal governments and Native
entities, may waive, or specify alternative requirements for,
any provision of subsections (c) through (f) if the Assistant
Secretary finds that the waiver or alternative requirement is
necessary--
(A) for the effective delivery and administration
of middle mile grants to Tribal governments; or
(B) the construction, improvement, or acquisition
of middle mile infrastructure on trust land.
(2) Tribally unserved areas; tribally underserved areas.--
The Assistant Secretary, in consultation with Tribal
governments and Native entities, shall develop a process for
designating Tribally unserved areas and Tribally underserved
areas for purposes of this section.
(h) Maintenance of Standards.--Section 602 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3212) shall apply to any
entity that receives assistance, whether directly or indirectly, under
any program--
(1) that pertains to deploying broadband service; and
(2) for which the Assistant Secretary has administrative
responsibility as provided by law or by delegation of authority
pursuant to law.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000,000 for fiscal years
2022 through 2026.
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