,,ii  #aafth ,,congress  #b;d ,session  
,s4 #cfdi  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,may #g1       
#bjbj,mr4 ,booker 7for himself1 ,mr4    
,markey1 ,mr4 ,king1 ,mr4 ,wyden1 ,mr4  
,blumenthal1 ,mr4 ,sanders1 and ,mrs4   
,gillibrand7 introduced the following   
bill2 which was read twice and referred 
to the ,committee on ,commerce1         
,science1 and ,transportation  ,a ,,bill
  ,to promote competition1 to preserve  
the ability of local governments to     
provide broadband capability and        
services1 and for other purposes4  #a4  
,short title ,this ,act may be cited as 
the ,community ,broadband ,act of #bjbj4
  #b4 ,definitions ,in this ,act-- 7#a7 
the term advanced telecommunications    
capability has the meaning given the    
term in section #gjf7;d7 of the         
,telecommunications ,act of #aiif 7#dg  
,u4,s4,c4 #acjb7;d772  7#b7 the term    
advanced telecommunications capability  
or services means-- 7,a7 advanced       
telecommunications capability2 or  7,b7 

services using advanced                 
telecommunications capability2  7#c7 the
 term ,indian ,tribe has the meaning    
given the term ,indian tribe in section 
#d of the ,indian ,self-,determination  
and ,education ,assistance ,act 7#be    
,u4,s4,c4 #ecjd72  7#d7 the term public 
provider means-- 7,a7 a ,state or       
political subdivision thereof2  7,b7 any
 agency1 authority1 or instrumentality  
of a ,state or political subdivision    
thereof2  7,c7 an ,indian ,tribe2 or    
7,d7 any entity that is owned by1       
controlled by1 or otherwise affiliated  
with-- 7i7 a ,state or political        
subdivision thereof2  7ii7 an agency1   
authority1 or instrumentality of a      
,state or political subdivision thereof2
 or  7iii7 an ,indian ,tribe2  7#e7 the 
term ,state means each of the several   
,states1 the ,district of ,columbia1 the
 ,commonwealth of ,puerto ,rico1 and any
 other territory or possession of the   
,united ,states2 and  7#f7 the term     
telecommunications service has the      

meaning given the term in section #c of 
the ,communications ,act of #aicd 7#dg  
,u4,s4,c4 #aec74  #c4 ,local government 
provision of telecommunications services
 and advanced telecommunications        
capability and services ,no statute1    
regulation1 or other legal requirement  
of a ,state1 a political subdivision    
thereof1 or an ,indian ,tribe may       
prohibit1 or have the effect of         
prohibiting or substantially inhibiting1
 any public provider from providing     
telecommunications services or advanced 
telecommunications capability or        
services to any person or any public or 
private entity4  #d4 ,safeguards  7a7   
,administration  7#a7 ,in general ,to   
the extent any public provider regulates
 competing providers of                 
telecommunications services or advanced 
telecommunications capability or        
services1 the public provider shall     
apply its ordinances1 rules1 and        
policies1 including those relating to   
the use of public rights-of-way1        

permitting1 performance bonding1 and    
reporting1 without discrimination in    
favor of-- 7,a7 the public provider2 or 
7,b7 any other provider of              
telecommunications services or advanced 
telecommunications capability or        
services that the public provider owns  
or with which the public provider is    
affiliated4  7#b7 ,exemptions ,paragraph
 7#a7 shall not apply-- 7,a7 when a     
public provider provides                
telecommunications services or advanced 
telecommunications capability or        
services other than-- 7i7 to the public2
 or  7ii7 to such classes of users as to
 make the capability or services        
effectively available to the public2 or 
7,b7 during an emergency declared by the
 ,president1 the ,governor of the ,state
 in which the public provider is        
located1 or any other elected local     
official authorized by law to declare a 
state of emergency in the jurisdiction  
in which the public provider is located4
  7b7 ,application of general laws      

,nothing in this ,act shall be construed
 to exempt a public provider that offers
 telecommunications services or advanced
 telecommunications capability or       
services to the public from any ,federal
 communications law or regulation that  
applies to all providers of             
telecommunications services or advanced 
telecommunications capability or        
services to the public4  #e4            
,public-private partnerships encouraged 
,it is the sense of ,congress that a    
public provider that intends to provide 
telecommunications services or advanced 
telecommunications capability or        
services to the public should consider  
the potential benefits of a             
public-private partnership before       
providing the capability or services4   
#f4 ,use of ,federal funds ,if any      
project providing telecommunications    
services or advanced telecommunications 
capability or services under this ,act  
fails due to bankruptcy or is terminated
 by a public provider1 no ,federal funds

 may be provided to the public provider 
specifically to assist the public       
provider in reviving or renewing that   
project1 unless the failure due to      
bankruptcy occurred in a jurisdiction   
that is subject to a declaration by the 
,president of a major disaster1 as      
defined in section #ajb of the ,robert  
,t4 ,stafford ,disaster ,relief and     
,emergency ,assistance ,act 7#db        
,u4,s4,c4 #eabb74