,i #aafth ,,congress #b;d ,session ,h4 ,r4 #gigb ,,in ,,the ,,house ,,of ,,representatives ,august #g1 #bjbj,mr4 ,latta 7for himself and ,mr4 ,o',halleran7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to provide funds to assess the availability1 accelerate the deployment1 and improve the sustainability of advanced communications services and communications infrastructure in rural ,america1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,rural ,connectivity ,advancement ,program ,act of #bjbj4 #b4 ,deposit of spectrum auction proceeds in ,rural ,broadband ,assessment and ,deployment ,fund ,section #cji7;j77#h7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77#h77 is amended-- 7#a7 in subparagraph 7,a71 by striking and 7,g7 and inserting 7,g71 and 7,h72 and 7#b7 by adding at the end the following3 7,h7 ,assessment and deployment set-aside 7i7 ,in general ,notwithstanding subparagraph 7,a71 and except as provided in subparagraphs 7,b71 7,d71 7,e71 7,f71 and 7,g71 #aj percent of the net proceeds from each use of a system of competitive bidding under this subsection completed before ,september #cj1 #bjbb1 shall be deposited in the ,rural ,broadband ,assessment and ,deployment ,fund established under section #c of the ,rural ,connectivity ,advancement ,program ,act of #bjbj4 7ii7 ,net proceeds defined ,for purposes of this subparagraph1 the term net proceeds1 with respect to the use of a system of competitive bidding1 means the proceeds remaining after subtracting all auction-related expenditures1 including-- 7,i7 relocation payments1 including accelerated relocation payments2 7,,ii7 payments to incumbent licensees for the relinquishment of all or a portion of the spectrum usage rights of those licensees2 7,,iii7 costs associated with the reallocation of spectrum1 whether on an exclusive or shared use basis2 7,,iv7 relocation or sharing costs1 including for planning for relocation or sharing2 and 7,v7 bidding credits4 4 #c4 ,direction and use of ,rural ,broadband ,assessment and ,deployment ,fund proceeds 7a7 ,definitions ,in this subsection-- 7#a7 the term ,commission means the ,federal ,communications ,commission2 and 7#b7 the term high-cost programs means-- 7,a7 the program for ,universal ,service ,support for ,high-,cost ,areas set forth under subpart ,d of part #ed of title #dg1 ,code of ,federal ,regulations1 or any successor regulations2 7,b7 the ,rural ,digital ,opportunity ,fund set forth under subpart ,j of part #ed of title #dg1 ,code of ,federal ,regulations1 or any successor regulations2 7,c7 the ,interstate ,common ,line ,support ,mechanism for ,rate-of-,return ,carriers set forth under subpart ,k of part #ed of title #dg1 ,code of ,federal ,regulations1 or any successor regulations2 7,d7 the ,mobility ,fund set forth under subpart ,l of part #ed of title #dg1 ,code of ,federal ,regulations1 or any successor regulations2 7,e7 the ,high ,cost ,loop ,support for ,rate-of-,return ,carriers program set forth under subpart ,m of part #ed of title #dg1 ,code of ,federal ,regulations1 or any successor regulations2 7,f7 the ,uniendo a ,puerto ,rico ,fund and the ,connect ,,usvi ,fund set forth under subpart ,o of part #ed of title #dg1 ,code of ,federal ,regulations1 or any successor regulations2 and 7,g7 the ,rural ,broadband ,experiments1 as established by the ,commission under part #ed of title #dg1 ,code of ,federal ,regulations4 7b7 ,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 ,fund4 7c7 ,borrowing authority 7#a7 ,in general ,beginning on the date on which the ,commission announces the results of an auction under section #cji7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j771 the ,commission may borrow from the ,treasury of the ,united ,states an amount not to exceed the amount that will be deposited in the ,rural ,broadband ,assessment and ,deployment ,fund under paragraph 7#h77;,h7 of that section 7as added by section #b of this ,act7 as a result of that auction4 7#b7 ,reimbursement ,the ,commission shall reimburse the general fund of the ,treasury1 without interest1 for any amounts borrowed under paragraph 7#a7 as funds are deposited into the ,rural ,broadband ,assessment and ,deployment ,fund4 7d7 ,availability of amounts ,any amounts borrowed under subsection 7c77#a7 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 7e74 7e7 ,use of amounts 7#a7 ,establishment of program or programs ,the ,commission shall use the amounts made available under subsection 7d7 to establish #a or more programs that are separate from1 but are coordinated with and complement1 the high-cost programs to address-- 7,a7 gaps that remain in broadband internet access service coverage in high-cost rural areas despite the operations of the high-cost programs2 and 7,b7 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 programs4 7#b7 ,purposes ,in carrying out paragraph 7#a71 the ,commission shall use amounts made available under subsection 7d7 in an efficient and cost-effective manner only-- 7,a7 for the assessment of1 and to provide subsidies in a technology-neutral manner through a competitive process 7subject to weighting preferences for performance quality and other service metrics as the ,commission may find appropriate7 to providers for support of1 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 #be megabits per second and an upload speed of not less than #c megabits per second 7or such higher speed as the ,commission may determine appropriate based upon an evolving definition of universal service72 and 7,b7 to assess1 and provide subsidies to providers to enable providers to sustain1 broadband internet access service in any rural area in which-- 7i7 only one provider of fixed terrestrial broadband internet access service operates2 and 7ii7 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 ,commission4 7#c7 ,tribal considerations ,in distributing amounts under this subsection1 the ,commission shall consider the broadband internet access service needs of residents of ,tribal lands 7as defined in section #ed4djj of title #dg1 ,code of ,federal ,regulations1 or any successor regulation74 7#d7 ,limitations 7,a7 ,prohibition on funding other programs 7i7 ,in general ,the ,commission may not use amounts made available under subsection 7d7 to fund any program that was not established by the ,commission under paragraph 7#a7 of this subsection1 including any program established under section #bed of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7 in effect on the date of enactment of this ,act1 except for using the ,universal ,service ,administrative ,company to administer funding4 7ii7 ,rule of construction ,nothing in clause 7i7 shall be construed to prohibit the ,commission from using amounts made available under subsection 7d7 to supplement the provision of support under the high-cost programs1 as authorized under paragraph 7#a77;,b7 of this subsection4 7,b7 ,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 7#a77;,a7 that1 at a minimum-- 7i7 provide-- 7,i7 a process for challenging any initial determination by the ,commission regarding whether an area is served or unserved2 and 7,,ii7 written public notice on the website of the ,commission of-- 7aa7 how each challenge under subparagraph 7,i7 was decided2 and 7bb7 the reasons of the ,commission for each decision2 7ii7 establish broadband service buildout milestones and require periodic certification by funding recipients to ensure compliance with the broadband service buildout milestones2 7iii7 establish a maximum buildout timeframe of #d years beginning on the date on which funding is provided2 7iv7 establish periodic reporting requirements for funding recipients that identify1 at a minimum1 the nature of the service provided in each area where funding is provided2 7v7 establish standard penalties for noncompliance with the requirements established under this subparagraph and as may be further prescribed by the ,commission2 7vi7 establish procedures for recovery of funds1 in whole or in part1 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 ,commission2 and 7vii7 require a funding recipient to-- 7,i7 offer voice service and broadband internet access service2 and 7,,ii7 permit a consumer to subscribe to one type of service described in subclause 7,i7 or both types4 7,c7 ,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 7#a77;,b7 that1 at a minimum-- 7i7 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 levels2 7ii7 establish standard penalties for noncompliance with the requirements established under this subparagraph and as may be further prescribed by the ,commission2 7iii7 establish procedures for recovery of funds1 in whole or in part1 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 ,commission2 and 7iv7 require a funding recipient to-- 7,i7 offer voice service and broadband internet access service2 and 7,,ii7 permit a consumer to subscribe to one type of service described in subclause 7,i7 or both types4 7f7 ,reports 7#a7 ,auction-specific reports ,not later than #cj days after the date on which the ,commission announces the results of an auction under section #cji7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j771 the ,commission shall publish and submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report on the amount of net proceeds that will be deposited in the ,rural ,broadband ,assessment and ,deployment ,fund under paragraph 7#h77;,h7 of that section 7as added by section #b of this ,act7 as a result of that auction4 7#b7 ,auction proceeds deployment report ,section #cji7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77 is amended by adding at the end the following3 7#ai7 ,report on ,rural ,broadband ,assessment and ,deployment ,fund proceeds ,not later than ,march #a1 #bjba1 and not less frequently than annually thereafter1 the ,commission shall publish and submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report on-- 7,a7 the distribution of amounts made available under section #c7;d7 of the ,rural ,connectivity ,advancement ,program ,act of #bjbj for the preceding year2 and 7,b7 the projected distribution of amounts that will be made available under section #c7;d7 of the ,rural ,connectivity ,advancement ,program ,act of #bjbj for the year after the year in which the report is published and submitted4 4