[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2911 Introduced in Senate (IS)]
<DOC>
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)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
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.
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 ``American Broadband Buildout to
Eliminate America's Digital Divide Act of 2021''.
SEC. 2. EXPANSION OF BROADBAND ACCESS IN UNSERVED AREAS.
(a) In General.--The Communications Act of 1934 (47 U.S.C. 151 et
seq.) is amended--
(1) in title I (47 U.S.C. 151 et seq.), by adding at the
end the following:
``SEC. 14. EXPANSION AND ADOPTION OF BROADBAND SERVICE THROUGH STATE
FUNDING.
``(a) Definitions.--In this section:
``(1) Broadband funding partner.--The term `broadband
funding partner' means an eligible entity that receives funding
for a project under this section.
``(2) Broadband service.--The term `broadband service'--
``(A) means a mass-market retail service by wire or
radio that provides the capability to transmit data to
and receive data from all or substantially all internet
endpoints, including any capabilities that are
incidental to and enable the operation of the
communications service;
``(B) includes any service that is a functional
equivalent of the service described in subparagraph
(A); and
``(C) does not include dial-up internet access
service.
``(3) Eligible entity.--The term `eligible entity' means a
private provider of broadband service, or a public-private
partnership or cooperative (including a subsidiary of a
cooperative), that--
``(A) provides broadband service; and
``(B) has submitted to the Commission, in addition
to any data required to be submitted under section 802,
data regarding the service option described in
subsection (f)(1)(C) that the entity would offer if the
entity were to receive funding under this section.
``(4) Eligible household.--The term `eligible household'
has the meaning given the term in section 904(a) of title IX of
division N of the Consolidated Appropriations Act, 2021 (Public
Law 116-260).
``(5) High cost area.--The term `high cost area' means an
unserved area in which the cost of building out broadband
service is higher, as compared with the average such cost in
the United States (and as determined by the Commission),
because of--
``(A) the remote location of the area;
``(B) the population density of the area;
``(C) the unique topography of the area;
``(D) a high number of eligible households in the
area; or
``(E) any other factor that contributes to the cost
of building out that service.
``(6) Location.--The term `location' has the meaning given
the term by the Commission under rules and guidance that are in
effect, as of the date of enactment of this section.
``(7) Project.--The term `project' means an undertaking by
a broadband funding partner under this section to construct and
deploy infrastructure for the provision of broadband service.
``(8) Unserved area.--The term `unserved area' means an
area--
``(A) that is of a standard size, as established by
the Commission; and
``(B) as determined in accordance with the maps
created under section 802(c)(1), not less than 80
percent of which--
``(i) has no access to broadband service;
or
``(ii) does not have access to reliable
broadband service offered with a download speed
of at least 25 megabits per second and an
upload speed of at least 3 megabits per second.
``(b) Program Established.--
``(1) In general.--Not later than 100 days after the date
of enactment of this section, or the date on which the maps
created under section 802(c)(1) are made public, whichever is
later, the Commission shall establish a program for States to
expand access to broadband service in unserved areas.
``(2) Relationship to universal service.--The program
established under paragraph (1) shall be separate from any
universal service program established under section 254.
``(3) Technical support and assistance.--As part of the
program established under paragraph (1), the Commission, in
collaboration with the Assistant Secretary of Commerce for
Communications and Information, shall provide technical support
and assistance to States to facilitate the establishment of
programs under subsection (c).
``(c) State Program Requirements.--A State seeking funding under
the program established under subsection (b) shall create a program
that--
``(1) implements the requirements of this section;
``(2) does not favor--
``(A) the use of any particular technology; or
``(B) any particular eligible entity or class of
eligible entities;
``(3) encourages all eligible entities, including small
broadband providers, to participate in the program through
streamlined regulatory requirements for all broadband funding
partners;
``(4) takes into account--
``(A) the size and scope of each unserved area
proposed to be served by each project carried out using
the funds;
``(B) the speed of the broadband service provided
by eligible entities seeking funding for projects under
the program; and
``(C) the ability of the eligible entities that
would receive funding for projects under the program to
complete the proposed deployment and provision of
broadband service under those projects in the areas
served by the projects;
``(5) may take into account--
``(A) the speed with which the eligible entities
seeking funding for projects under the program can
complete the proposed deployment and provision of
broadband service to households under those projects,
which may include a review of the topographical effects
on the areas being served by those projects as a result
of the technology to be deployed under those projects;
and
``(B) whether an eligible entity seeking funding
for a project under the program has the ability or
intention to leverage nearby or adjacent broadband
service infrastructure to facilitate the deployment and
provision of broadband service proposed under that
project;
``(6) establishes--
``(A) the size and proportion of the matching funds
to be committed by an eligible entity seeking funding
for a project under the program, which--
``(i) may not be provided from any funds
derived from government grants, loans, or
subsidies; and
``(ii) may not be less than 25 percent of
the amount provided by the State to the
eligible entity with respect to the project,
except that the State may reduce that
threshold, or waive the matching fund
requirement under this subparagraph, if--
``(I) the area proposed to be
served by the project is a high cost
area;
``(II) the applicable eligible
entity or the State can establish that
the reduction or waiver, as applicable,
is necessary to ensure the deployment
of broadband in the area proposed to be
served by the project; and
``(III) the State gives a
preference for other applications
submitted by that eligible entity in
which the eligible entity does not seek
such a reduction or waiver;
``(B) periodic buildout milestones, reporting
requirements, and certification by broadband funding
partners; and
``(C) a maximum buildout timeframe for a broadband
funding partner of 4 years, beginning on the date on
which funding is provided to the broadband funding
partner to undertake a project, except that the State
may extend that timeframe if the broadband funding
partner establishes that the failure to complete the
project within that timeframe is due to--
``(i) delays by third parties, including
governmental entities, in providing necessary
permits, approvals, or access to (or
construction of) poles; or
``(ii) a State or federally declared
disaster;
``(7) contains sufficient notice, transparency,
accountability, and oversight measures to--
``(A) provide the public and broadband funding
partners with notice of the funding provided under this
section; and
``(B) deter waste, fraud, and abuse of program
funds;
``(8) establishes procedures for the recovery of funds, in
whole or in part, from a broadband funding partner if the
broadband funding partner--
``(A) defaults or fails to comply with the buildout
requirements established for the project with respect
to which the funding relates; and
``(B) has not received an extension under paragraph
(6)(C);
``(9) establishes procedures for expedited approval for all
necessary access to (or construction of) poles, dark or lit
fiber, communications towers, State and local rights-of-way
permits, or other approvals in the areas of the State served by
projects under the program;
``(10) provides that broadband funding partners are not
required to be designated as eligible telecommunications
carriers under section 214(e);
``(11) provides that an eligible entity shall grant access
to poles, ducts, conduits, and rights-of-way that the eligible
entity owns or controls within the State at rates, terms, and
conditions regulated by the Commission under, or the State
consistent with, section 224 and the rules of the Commission
(unless application of the rules of the Commission would result
in higher costs for the applicable item), without regard to
whether that section otherwise applies with respect to those
items;
``(12) except as otherwise explicitly provided in this
section, does not require, or include consideration of, the
imposition of any new or additional regulatory obligations on
broadband funding partners beyond those required under
applicable Federal law; and
``(13) maximizes the number of unserved locations proposed
to be served by each project carried out using the funds.
``(d) Distribution of Funds to States.--
``(1) Commission distributions.--
``(A) In general.--Not later than 200 days after
the date of enactment of this section, or the date on
which the maps created under section 802(c)(1) are made
public, whichever is later, the Commission, under the
program established under subsection (b), and in
accordance with the requirements of this section,
shall, with respect to the amounts made available to
carry out this section--
``(i) reserve 10 percent of those amounts
for distributions under subparagraph (B) to
States that have established programs under
subsection (c); and
``(ii) of the amounts not reserved under
clause (i), make distributions under paragraph
(2) to States that have established programs
under subsection (c).
``(B) Distributions for high cost areas.--The
amount of a distribution to a State under this
subparagraph shall be calculated as follows:
``(i) Divide the number of high cost areas
in the State by the total number of high cost
areas in the United States.
``(ii) Multiply the quotient obtained under
clause (i) by the total amount reserved under
subparagraph (A)(i).
``(2) Amount of distributions for project awards.--The
amount of a distribution to a State under paragraph (1) shall
be calculated as follows:
``(A) Divide the number of locations in unserved
areas in the State by the total number of locations in
unserved areas in the United States, as determined in
accordance with the maps created under section
802(c)(1).
``(B) Multiply the quotient obtained under
subparagraph (A) of this paragraph by the amount
described in paragraph (1)(A)(ii).
``(3) State entitlement.--With respect to a State that has
established a program under subsection (c), the State shall
receive a distribution under both of paragraphs (1)(B) and (2)
of this subsection.
``(e) State Use of Program Funds.--
``(1) In general.--Not later than 120 days after the date
on which a State receives funds under subsection (d), and
subject to paragraph (2), the State shall make awards to
eligible entities through the program established by the State
under subsection (c).
``(2) Funds used solely for unserved areas.--A State to
which funds are distributed under subsection (d)--
``(A) may not--
``(i) use any portion of those funds for a
project in any area that is not an unserved
area, except that such a project may deploy
infrastructure that traverses a served area in
order to provide broadband service to an
unserved area; or
``(ii) use more than 5 percent of those
funds to administer the program established by
the State under subsection (c);
``(B) shall--
``(i) before making any awards described in
paragraph (1), consult the maps created under
section 802(c)(1), as updated through the
resolution of any challenges brought under
section 802(b)(5), to create a list of areas
within the State that are unserved areas, which
the State shall make publicly available;
``(ii) from the list created under clause
(i), remove any area in the State that is the
subject of an enforceable commitment by a
broadband service provider to provide broadband
service to the area with minimum speed
commitments described in subclause (III), even
if, in any such area, the broadband service is
not yet available, provided that the broadband
service provider is meeting any applicable
build-out deadlines, including with respect to
an award disbursed under--
``(I) the Rural Digital Opportunity
Fund Phase I 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);
``(II) subpart D of part 54 of
title 47, Code of Federal Regulations,
or any successor regulations;
``(III) any Rural Utilities Service
broadband funding program with a
minimum speed commitment of 25 megabits
per second for downloads and 3 megabits
per second for uploads; or
``(IV) any existing program
established by the State with minimum
speed commitments described in
subclause (III);
``(iii) establish a streamlined process
that allows a broadband service provider, the
State, or a unit of local government within the
State not less than 30 days after the date on
which the list created under clause (i), as
updated under clause (ii), is made publicly
available to bring a challenge regarding
whether an area on that final list is an
unserved area;
``(iv) provide a written notice regarding
how each challenge brought under clause (iii)
was decided, including the reasons for that
decision;
``(v) update the list created under clause
(i), as updated under clause (ii), to reflect
the results of challenges brought under clause
(iii);
``(vi) not later than 10 years after the
date of enactment of this section, return any
unused portion of those funds to the
Commission;
``(vii) not later than 2 years after the
date on which the funds are distributed to the
State, and biennially thereafter, submit to the
Commission a report--
``(I) regarding how the State spent
those funds during the period covered
by the report, which shall include a
description of each award made with
those funds; and
``(II) that contains a
certification that the State has
complied with the requirements of this
section during the period covered by
the report; and
``(viii) match not less than 25 percent of
the amount of those funds, as confirmed by the
Commission in a manner determined by the
Commission; and
``(C) to satisfy the requirement under subparagraph
(B)(viii), may use any manner of implementation that
the State determines appropriate, including by using
funds--
``(i) the source of which is a local
government in the State; or
``(ii)(I) that were provided to the State
under--
``(aa) the Families First
Coronavirus Response Act (Public Law
116-127; 134 Stat. 178);
``(bb) the CARES Act (Public Law
116-136; 134 Stat. 281);
``(cc) the Consolidated
Appropriations Act, 2021 (Public Law
116-260; 134 Stat. 1182);
``(dd) the American Rescue Plan Act
of 2021 (Public Law 117-2; 135 Stat.
4); or
``(ee) any amendment made by an Act
described in any of items (aa) through
(dd); and
``(II) the purpose of which, as described
in the applicable provision of law described in
subclause (I), is for the deployment of
broadband service.
``(f) Project Requirements.--With respect to a project funded
through the program established under subsection (b)--
``(1) the project shall--
``(A) adhere to the same quality-of-service
standards established by the Commission with respect to
the Rural Digital Opportunity Fund set forth in subpart
J of part 54 of title 47, Code of Federal Regulations
(or any successor regulations);
``(B) provide reliable broadband service at a speed
of not less than 100 megabits per second for downloads
and 20 megabits per second for uploads; and
``(C) offer a low-cost broadband service option for
low-income subscribers, as defined by the Commission,
with the price and eligibility for the service option
determined by the applicable broadband funding partner;
and
``(2) the applicable broadband funding partner, in
collaboration with the applicable State, shall carry out public
awareness campaigns in service areas that are designed to
highlight the value and benefits of broadband service in order
to increase the adoption of broadband service by consumers.
``(g) Promoting Broadband Deployment.--Not later than 1 year after
the date on which a State receives funding under this section, the
State shall publish on a publicly available website of the State a
report that analyzes the following:
``(1) The process by which the State, or any local
authority within the State, acts on a new request to access
poles, ducts, conduits, or rights-of-way, which shall include
an analysis of--
``(A) the speed with which the State or local
authority, as applicable, responds to such a request;
and
``(B) the impact that granting such a request not
later than 30 days after the date on which the request
is submitted would have on the speed at which broadband
service is deployed in the State.
``(2) The process by which the State, or any local
authority within the State, acts on a nonemergency request for
authorization to place, construct, or modify facilities with
respect to broadband service that are supported through access
to poles, ducts, conduits, or rights-of-way, which shall
include an analysis of--
``(A) the speed with which the State or local
authority, as applicable, responds to such a request;
and
``(B) the impact that granting such a request not
later than 30 days after the date on which the request
is submitted would have on the speed at which broadband
service is deployed in the State.
``(3) The impact on the deployment of broadband service
within the State of not requiring a permit or other
authorization for emergency work performed in the rights-of-way
if a broadband facility supported through access to poles,
ducts, conduits, dark or lit fiber, or rights-of-way notifies
the State, or the applicable local authority within the State,
regarding the emergency and the associated work.
``(4) The impact on the deployment of broadband service
within the State of requiring the State, or any instrumentality
of the State, whenever the State or instrumentality intends to
modify or alter a pole, duct, conduit, dark or lit fiber, or
right-of-way, or conduct road work in which there will be open
trenches, to provide prior written notification of that action
to any broadband service provider, or other entity, that has
obtained an attachment to a pole, duct, or conduit, or right-
of-way that may be affected, so that the applicable entity may
have a reasonable opportunity to add to or modify its existing
attachment or facilities.
``(h) Guidance.--The Commission may provide guidance to States with
respect to service obligations, procedures, reporting requirements, and
other requirements in carrying out programs established under this
section.
``(i) Rule of Construction.--Nothing in this section may be
construed to permit the Commission to use any data submitted by a
provider of broadband service under this section to issue or establish
additional regulatory requirements with respect to that provider.'';
and
(2) in section 802(c) (47 U.S.C. 642(c))--
(A) in paragraph (1)(A)--
(i) in clause (i), by striking ``and'' at
the end;
(ii) in clause (ii), by adding ``and''
after the semicolon at the end; and
(iii) by adding at the end the following:
``(iii) the areas of the United States in
which options described in section 14(f)(1)(C)
are available;'';
(B) in paragraph (5), by striking ``and'' at the
end;
(C) in paragraph (6)--
(i) in the matter preceding subparagraph
(A), by inserting ``, including on a publicly
available website,'' after ``make public''; and
(ii) in subparagraph (B), by striking the
period at the end and inserting ``; and''; and
(D) by adding at the end the following:
``(7) beginning not later than 18 months after the date of
enactment of the American Broadband Buildout to Eliminate
America's Digital Divide Act of 2021, ensure that the publicly
available website described in paragraph (6)--
``(A) allows a consumer to determine, based on
financial information entered by the consumer, whether
the consumer is eligible--
``(i) to receive a Federal or State subsidy
with respect to broadband internet access
service; or
``(ii) to qualify for a low-income plan
with respect to broadband internet access
service; and
``(B) with respect to a consumer who is eligible
under clause (i) or (ii) of subparagraph (A), contains
information regarding how to apply for the applicable
benefit.''.
(b) Direct Appropriation.--There is appropriated to the Federal
Communications Commission, out of any money in the Treasury not
otherwise appropriated, $40,000,000,000 for fiscal year 2021 to carry
out section 14 of the Communications Act of 1934, as added by
subsection (a)(1), which shall remain available through fiscal year
2030.
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