[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4208 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4208
To authorize annual appropriations for the Affordable Connectivity
Program, to expand the Universal Service Fund to support the Affordable
Connectivity Program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 30, 2024
Mr. Fetterman introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To authorize annual appropriations for the Affordable Connectivity
Program, to expand the Universal Service Fund to support the Affordable
Connectivity Program, 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 ``Promoting Affordable Connectivity
Act of 2024''.
SEC. 2. CLARIFICATION OF RELATIONSHIP TO UNIVERSAL SERVICE
CONTRIBUTIONS; FCC BORROWING AUTHORITY FOR AFFORDABLE
CONNECTIVITY PROGRAM.
Section 904(i) of division N of the Consolidated Appropriations
Act, 2021 (47 U.S.C. 1752(i)) is amended--
(1) by striking paragraph (4);
(2) by redesignating paragraph (5) as paragraph (4); and
(3) by adding at the end the following:
``(5) Borrowing authority.--
``(A) In general.--During the 2-year period
beginning on the date of enactment of the Promoting
Affordable Connectivity Act of 2024, the Commission may
borrow from the Treasury of the United States an amount
not to exceed $25,000,000,000, to be used in the same
manner as amounts in the Affordable Connectivity Fund.
``(B) Reimbursement.--Not later than 8 years after
the date as of which the amendments made by subsections
(a) and (b)(1) of section 3 of the Promoting Affordable
Connectivity Act of 2024 have been implemented, as
determined by the Commission, the Commission shall,
using amounts from the Federal universal service
support mechanisms, reimburse the general fund of the
Treasury for any amounts borrowed under subparagraph
(A) of this paragraph.''.
SEC. 3. EXPANSION OF UNIVERSAL SERVICE FUND TO SUPPORT AFFORDABLE
CONNECTIVITY PROGRAM.
(a) Expansion of Universal Service Fund Contribution Base To
Include Edge Providers and Broadband Providers.--Section 254 of the
Communications Act of 1934 (47 U.S.C. 254) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by inserting ``in a manner
that promotes digital equity (as defined in section
60302 of the Digital Equity Act of 2021 (47 U.S.C.
1721))'' after ``all regions of the Nation''; and
(B) in paragraph (4), by inserting ``, all
providers of edge services, all broadband providers,
and all enterprise broadband service providers'' after
``providers of telecommunications services'';
(2) in subsection (d)--
(A) in the subsection heading, by inserting ``,
Edge Provider, and Broadband Provider'' after
``Telecommunications Carrier'';
(B) by striking ``Every'' and inserting the
following:
``(1) In general.--Every'';
(C) in the first sentence of paragraph (1), as so
designated, by inserting ``, every edge provider, every
broadband provider, and every enterprise broadband
service provider'' after ``Every telecommunications
carrier that provides interstate telecommunications
services''; and
(D) by adding at the end the following:
``(2) Assessments.--In determining contribution assessments
from all applicable carriers and providers for the preservation
and advancement of universal service under paragraph (1), the
Commission shall prioritize assessing greater contributions--
``(A) for edge services with respect to which the
assessment is least likely to be directly passed on as
increased costs to consumers through an explicit fee on
invoices; and
``(B) from edge providers whose annual revenue
(including revenue from any subsidiary edge provider)
is greater than $5,000,000,000.'';
(3) in subsection (f), by adding at the end the following:
``For the purposes of this subsection, broadband internet
access service, enterprise broadband service, and edge services
shall be considered to be inherently interstate services.'';
and
(4) by adding at the end the following:
``(m) Definitions.--For purposes of this section:
``(1) Broadband internet access service.--The term
`broadband internet access service'--
``(A) has the meaning given the term in section
8.1(b) of title 47, Code of Federal Regulations, or any
successor regulation; and
``(B) does not include enterprise broadband
service.
``(2) Broadband provider.--The term `broadband provider'
means a provider of broadband internet access service.
``(3) Edge provider.--The term `edge provider'--
``(A) means an entity whose primary or only
business revenue is derived from providing an edge
service; and
``(B) does not include--
``(i) the Federal Government, a State, a
political subdivision of a State, an Indian
Tribe (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act
(25 U.S.C. 5304)), or any agency thereof;
``(ii) any organization that is described
in subsection (c) of section 501 of the
Internal Revenue Code of 1986 and exempt from
tax under subsection (a) of that section;
``(iii) any dual or concurrent enrollment
program, early childhood education program,
early college high school, educational service
agency, elementary school, or secondary school,
as those terms are defined in section 8101 of
the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801);
``(iv) any area career and technical
education school, as defined in section 3 of
the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2302); or
``(v) any institution of higher education,
as defined in section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002).
``(4) Edge service.--The term `edge service'--
``(A) means a service that--
``(i) requires the user to subscribe or
establish an account in order to--
``(I) access or publish content
that is available publicly; or
``(II) access, post, or publish
content for individuals approved by the
user;
``(ii) allows the user to purchase,
download, or access content, applications, or
services from the edge provider without a
subscription or account;
``(iii) enables the user to initiate a
search query for particular information using
the internet and is capable of returning at
least 1 search result unaffiliated with the
provider of the service;
``(iv) is a cloud computing or digital
advertising service; or
``(v) requires or allows the user to
divulge personally identifiable information of
the user;
``(B) includes a service described in subparagraph
(A) that is provided through a software program,
including a mobile application; and
``(C) does not include an online patient portal
operated by a hospital or other health care provider.
``(5) Enterprise broadband service.--The term `enterprise
broadband service' means any communications product or service,
regardless of regulatory classification, that--
``(A) is primarily offered to business entities to
support or manage business operations;
``(B) is not ordinarily offered to mass market
customers; and
``(C) includes transmission or a combination of
transmission and information processing, whether
facilities-based or resold, including dedicated
internet access, virtual private networks (commonly
known as `VPNs'), wide area networks (commonly known as
`WANs'), multi-protocol label switching-enabled
services, and ethernet services.
``(6) Enterprise broadband service provider.--The term
`enterprise broadband service provider' means a provider of
enterprise broadband service.
``(7) Personally identifiable information.--The term
`personally identifiable information' means information
described in clauses (i) through (vi) of subparagraph (A), or
subparagraph (B), of section 101(41A) of title 11, United
States Code.''.
(b) Funding for Affordable Connectivity Program From Universal
Service Fund.--
(1) Modification of universal service fund.--Section 254(c)
of the Communications Act of 1934 (47 U.S.C. 254(c)) is amended
by adding at the end the following:
``(4) Affordable connectivity program.--The Affordable
Connectivity Program established under section 904(b)(1) of
division N of the Consolidated Appropriations Act, 2021 (47
U.S.C. 1752(b)(1)) shall be supported by the Federal universal
service support mechanisms.''.
(2) Inapplicability of certain requirements.--Section
254(e) of the Communications Act of 1934 (47 U.S.C. 254(e)) is
amended--
(A) by striking ``After the date'' and inserting
the following:
``(1) In general.--After the date''; and
(B) by adding at the end the following:
``(2) Inapplicability to certain providers.--
``(A) In general.--The requirements under paragraph
(1) shall not apply with respect to the participation
of a provider in the Affordable Connectivity Program
established under section 904(b)(1) of division N of
the Consolidated Appropriations Act, 2021 (47 U.S.C.
1752(b)(1)).
``(B) Rule of construction.--Nothing in
subparagraph (A) shall be construed to apply with
respect to the receipt of Federal universal service
support for any purpose other than participation in the
Affordable Connectivity Program.''.
(3) Conforming amendments.--Section 904(b) of division N of
the Consolidated Appropriations Act, 2021 (47 U.S.C. 1752(b))
is amended--
(A) in paragraphs (1), (4), and (5), by inserting
``or the Universal Service Fund under section 254 of
the Communications Act of 1934 (47 U.S.C. 254)'' after
``the Affordable Connectivity Fund established in
subsection (i)'' each place that term appears; and
(B) in paragraph (12), by inserting ``or the
Universal Service Fund under section 254 of the
Communications Act of 1934 (47 U.S.C. 254)'' after
``the Affordable Connectivity Fund'' each place that
term appears.
(c) Regulations; Effective Date.--
(1) Regulations.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act, the Federal
Communications Commission shall promulgate regulations
to implement the amendments made by subsections (a) and
(b)(1).
(B) Staggered implementation.--In promulgating
regulations under subparagraph (A), the Federal
Communications Commission shall ensure that the
amendments made by subsection (a) are implemented not
later than 270 days before the amendment made by
subsection (b)(1) is implemented.
(C) Paperwork reduction act requirements.--A
collection of information conducted or sponsored under
any regulation promulgated under subparagraph (A) shall
not constitute a collection of information for the
purposes of subchapter 1 of chapter 35 of title 44,
United States Code (commonly referred to as the
``Paperwork Reduction Act'').
(2) Effective date.--The amendments made by subsections (a)
and (b) shall take effect on the date of enactment of this Act.
SEC. 4. ENSURING QUICK APPLICATION OF AFFORDABLE CONNECTIVITY BENEFIT
TO USER ACCOUNT.
(a) In General.--Section 904(b) of division N of the Consolidated
Appropriations Act, 2021 (47 U.S.C. 1752(b)) is amended--
(1) by redesignating paragraphs (8) through (15) as
paragraphs (9) through (16), respectively; and
(2) by inserting after paragraph (7) the following:
``(8) Timing of application of affordable connectivity
benefit to account of eligible household.--
``(A) In general.--Not later than the next billing
cycle after the billing cycle in which a participating
provider verifies that a household is an eligible
household under paragraph (2), the participating
provider shall apply the affordable connectivity
benefit to the internet service offering specified by
the eligible household.
``(B) Guidance.--Not later than 18 months after the
date of enactment of the Promoting Affordable
Connectivity Act of 2024, the Commission shall issue
guidance for participating providers to comply with
subparagraph (A).''.
(b) Conforming Amendment.--Paragraph (15) of section 904(b) of
division N of the Consolidated Appropriations Act, 2021 (47 U.S.C.
1752(b)), as so redesignated by subsection (a), is amended by striking
``paragraph (12)'' and inserting ``paragraph (13)''.
SEC. 5. FLEXIBILITY TO MODIFY AFFORDABLE CONNECTIVITY PROGRAM
REQUIREMENTS.
Section 904 of division N of the Consolidated Appropriations Act,
2021 (47 U.S.C. 1752) is amended by adding at the end the following:
``(k) Authority To Revise Program Requirements.--
``(1) In general.--As may be appropriate to improve the
functionality, administrability, or sustainability of the
Affordable Connectivity Program, the Commission may promulgate
regulations to alter or eliminate any requirement for the
program under this section, including a requirement related to
eligibility or benefit reimbursements.
``(2) Paperwork reduction act requirements.--A collection
of information conducted or sponsored under any regulation
promulgated under paragraph (1) shall not constitute a
collection of information for the purposes of subchapter 1 of
chapter 35 of title 44, United States Code (commonly referred
to as the `Paperwork Reduction Act').''.
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