,,ii #aafth ,,congress #b;d ,session ,s4 #daac ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #cj1 #bjbj,mr4 ,bennet introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend the ,communications ,act of #aicd to provide grants to ,states and ,indian ,tribes to deploy affordable1 high-speed broadband to unserved and underserved areas4 #a4 ,short title ,this ,act may be cited as the ,broadband ,reform and ,investment to ,drive ,growth in the ,economy ,act of #bjbj or ,,bridge ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,access to affordable1 reliable broadband is essential to full participation in modern life in the ,united ,states4 7#b7 ,the persistent digital divide in the ,united ,states is a barrier to the economic competitiveness of the ,united ,states and equitable distribution of essential public services1 including health care and education4 7#c7 ,in many communities across the country1 increased competition among broadband providers has the potential to offer consumers more affordable1 high-quality options for broadband service4 7#d7 ,the digital divide disproportionately affects communities of color1 lower-income areas1 and rural areas4 #c4 ,grants for ,state broadband deployment ,title ,i of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 is amended by adding at the end the following3 #ad4 ,grants for ,state broadband deployment 7a7 ,definitions 7#a7 ,areas lacking broadband access ,in this section-- 7,a7 the term unserved area means an area-- 7i7 in which broadband service at a speed of not less than #be megabits per second for downloads and #c megabits per second for uploads is not available2 or 7ii7 that is served by only #a broadband service provider2 7,b7 the term underserved area means an area1 other than an unserved area1 in which broadband service at a speed of not less than #ajj megabits per second for downloads and #ajj megabits per second for uploads is not available2 7,c7 the term other qualifying area means an area1 other than an unserved area or underserved area1 in which gigabit-level broadband service is not available2 and 7,d7 the term eligible area means an unserved area1 underserved area1 or other qualifying area4 7#b7 ,other definitions ,in this section-- 7,a7 the term community anchor institution means an entity such as a school1 library1 hospital or other medical provider1 public safety entity1 institution of higher education1 or community support organization that facilitates greater use of broadband service by vulnerable populations1 including low-income individuals1 unemployed individuals1 and aged individuals2 7,b7 the term gigabit-level broadband service means broadband service with a speed of not less than #a gigabit per second for downloads and #a gigabit per second for uploads2 and 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 #ecjd74 7b7 ,grant authority ,the ,commission shall award grants to ,states and ,indian ,tribes for use in deploying broadband to certain areas in accordance with subsection 7e74 7c7 ,formula 7#a7 ,in general ,of the amounts made available for grants under this section1 the ,commission shall allocate-- 7,a7 #cj1jjj1jjj1jjj to ,states1 of which-- 7i7 #ae1jjj1jjj1jjj shall be allocated based on the proportion that the population of each ,state bears to the population of all ,states2 7ii7 #g1ejj1jjj1jjj shall be allocated based on the proportion that the number of individuals living in rural areas in each ,state1 as determined by the ,bureau of the ,census1 bears to the number of individuals living in rural area in all ,states1 as determined by the ,bureau of the ,census2 and 7iii7 #g1ejj1jjj1jjj shall be allocated based on the proportion that the number of individuals with a household income that is below #aej percent of the ,federal poverty level in each ,state bears to the number of individuals with a household income that is below #aej percent of the ,federal poverty level in all ,states2 and 7,b7 #a1jjj1jjj1jjj to ,indian ,tribes based on the proportion that the population of each ,indian ,tribe bears to the population of all ,indian ,tribes4 7#b7 ,population determination ,for purposes of paragraph 7#a71 the population of-- 7,a7 a ,state or a category of residents of a ,state shall be determined based on the most recent year for which data are available from the ,bureau of the ,census2 and 7,b7 an ,indian ,tribe shall be determined based on data certified by the ,tribal government4 7d7 ,administrative expenses ,a ,state or ,indian ,tribe may use not more than #b percent of grant amounts received under this section for expenses relating to administration of the grant or the use of a competitive bidding mechanism under subsection 7g77#a74 7e7 ,use of funds ,a ,state or ,indian ,tribe may use grant amounts received under this section to award subgrants for the deployment of broadband networks-- 7#a7 to unserved areas2 7#b7 to underserved areas2 7#c7 if the ,state or the territory under the jurisdiction of the ,indian ,tribe1 as applicable1 does not contain any unserved areas or underserved areas1 to other qualifying areas2 or 7#d7 to community anchor institutions that lack access to gigabit-level broadband service4 7f7 ,identification of eligible areas 7#a7 ,initial identification 7,a7 ,in general ,before beginning a competitive bidding mechanism under subsection 7g77#a71 a ,state or ,indian ,tribe shall identify each area in the ,state or the territory under the jurisdiction of the ,indian ,tribe1 as applicable1 that is-- 7i7 an unserved area2 7ii7 an underserved area2 or 7iii7 an other qualifying area2 7,b7 ,use of ,broadband ,map 7i7 ,in general ,except as provided in clause 7ii71 a ,state or ,indian ,tribe shall carry out subparagraph 7,a7 using the map created by the ,commission under section #hjb7;c77#a77;,a74 7ii7 ,transition rule ,during the period before the ,commission creates the map under section #hjb7;c77#a77;,a71 a ,state or ,indian ,tribe1 for purposes of subparagraph 7,a7-- 7,i7 shall determine whether an area is an unserved area1 underserved area1 or other qualifying area in consultation with each community in the area2 and 7,,ii7 may use the broadband map of the ,commission that is then in effect4 7#b7 ,challenge process ,a ,state or ,indian ,tribe shall-- 7,a7 provide public notice of the classification of each area identified under paragraph 7#a77;,a72 7,b7 provide local governments and other broadband service providers the opportunity to challenge-- 7i7 the classification of an area identified under paragraph 7#a77;,a72 or 7ii7 the failure of the ,state or ,indian ,tribe to classify a particular area as an eligible area under paragraph 7#a77;,a72 and 7,c7 not later than #ij days after a challenge is made under subparagraph 7,b71 conduct a transparent and evidence-based process to resolve the challenge4 7#c7 ,final identification2 notification of funding eligibility ,after resolving each challenge under paragraph 7#b71 and not later than #cj days before beginning the competitive bidding mechanism under subsection 7g77#a71 a ,state or ,indian ,tribe shall-- 7,a7 provide public notice of the final classification of each eligible area in the ,state or the territory under the jurisdiction of the ,indian ,tribe1 as applicable2 and 7,b7 make a good faith effort to notify each community within1 and each relevant private entity for1 each eligible area in the ,state or the territory under the jurisdiction of the ,indian ,tribe1 as applicable1 about the opportunity to compete for funding through the competitive bidding mechanism4 7g7 ,subgrants 7#a7 ,competitive bidding ,a ,state or ,indian ,tribe1 in awarding subgrants for the deployment of a broadband network using grant amounts received under this section1 as authorized under subsection 7e7-- 7,a7 shall use a competitive bidding mechanism that-- 7i7 does not exclude cooperatives1 nonprofit organizations1 public-private partnerships1 tribally owned entities1 or local governments2 and 7ii7 consists of up to #c rounds of bidding1 under which-- 7,i7 the first round shall provide funds for broadband deployment to unserved areas2 7,,ii7 the second round shall provide funds 7if still available7 for broadband deployment to underserved areas2 7,,iii7 the third round shall provide funds 7if still available7 for broadband deployment to other qualifying areas2 and 7,,iv7 each round shall consist of #b stages-- 7aa7 the first of which shall be open only to broadband service providers committing to offer at least gigabit-level broadband service2 and 7bb7 the second of which shall be open to any broadband service provider that did not receive funding during the first stage2 7,b7 during each stage of the competitive bidding mechanism under subparagraph 7,a71 shall give priority to an entity that-- 7i7 will provide not less than #a tier of broadband service at a faster speed than the minimum speed required for that stage2 7ii7 will-- 7,i7 begin construction of the broadband network not later than #ahj days after being awarded the subgrant2 and 7,,ii7 deploy the broadband network and begin providing broadband service to each customer that desires broadband service by a date that is earlier than the deadline under paragraph 7#b77;,b72 or 7iii7 in the case of a subgrant awarded by a ,state1 has a letter of endorsement for the project from the local government for each community that the project will serve2 and 7,c7 during the first stage of any round of the competitive bidding mechanism under subparagraph 7,a71 may award a subgrant to an entity to deploy a broadband network to a community anchor institution located in the type of area that is eligible for funding in that round4 7#b7 ,deployment and provision of service requirements ,an entity that deploys a broadband network using a subgrant awarded under paragraph 7#a71 as authorized under subsection 7e71 shall-- 7,a7 in providing broadband service using the network-- 7i7 provide broadband service-- 7,i7 at a speed of not less than-- 7aa7 except as provided in item 7bb71 #ajj megabits per second for downloads and #ajj megabits per second for uploads2 or 7bb7 #a gigabit per second for downloads and #a gigabit per second for uploads in the case of a subgrant awarded during the first stage of any round of competitive bidding under paragraph 7#a71 including such a subgrant awarded for the deployment of a broadband network to a community anchor institution2 and 7,,ii7 with a latency that is sufficiently low to allow real-time1 interactive applications2 7ii7 provide access to broadband service to each customer1 in the area to which the subgrant applies1 that-- 7,i7 lacks broadband service with a speed of-- 7aa7 not less than #be megabits per second for downloads and #c megabits per second for uploads1 in the case of an unserved area2 7bb7 not less than #ajj megabits per second for downloads and #ajj megabits per second for uploads1 in the case of an underserved area2 or 7cc7 not less than #a gigabit per second for downloads and #a gigabit per second for uploads1 in the case of an other qualifying area2 and 7,,ii7 desires broadband service2 and 7iii7 to an eligible area1 offer not less than #a discount subscription option for customers whose family is in poverty 7as determined by the ,bureau of the ,census7 that-- 7,i7 consists of-- 7aa7 prepaid service2 or 7bb7 service at a monthly rate that1 when calculated for a year1 is not more than #a4e percent of the lesser of-- 7,,aa7 the annual median household income for the county in which the customer is located 7as determined by the ,bureau of the ,census72 or 7,,bb7 the annual median household income for the ,united ,states 7as determined by the ,bureau of the ,census72 and 7,,ii7 does not include data caps2 7,b7 deploy the broadband network and begin providing broadband service to each customer that desires broadband service-- 7i7 except as provided in clause 7ii71 not later than #b years after the date on which the entity receives the subgrant2 or 7ii7 in the case of-- 7,i7 a subgrant awarded by an ,indian ,tribe1 if exigencies require additional time1 by a date specified by the ,indian ,tribe that is later than the date required under clause 7i71 which may not be later than #e years after the date on which the entity receives the subgrant2 or 7,,ii7 a subgrant awarded by a ,state1 if a delay in receiving a ,federal1 ,state1 or local permit that is outside the control of the entity makes compliance with the deadline under clause 7i7 impossible1 by a date specified by the ,state that is later than the date required under clause 7i71 which may not be later than #d years after the date on which the entity receives the subgrant2 7,c7 if laying fiber along a roadway1 include interspersed conduit access points at regular intervals2 and 7,d7 if the entity is no longer able to provide broadband service to the area covered by the subgrant at any time1 sell the network capacity at a reasonable1 wholesale rate to #a or more broadband service providers or public sector entities4 7#c7 ,reporting mechanism ,a ,state or ,indian ,tribe that awards a subgrant for the deployment of a broadband network under paragraph 7#a7 shall establish and publicize a mechanism through which a resident of an area in which a broadband network was deployed using the subgrant may report that the resident does not have access to broadband service from the broadband network4 7#d7 ,return of funds ,an entity that receives a subgrant from a ,state or ,indian ,tribe under paragraph 7#a7 and fails to comply with any requirement under this subsection shall return the entire amount of the subgrant to the ,state or ,indian ,tribe4 7#e7 ,reasonable permitting fees ,if an entity that receives a subgrant under paragraph 7#a7 requires access to a right-of-way from a ,state or local government in order to deploy the broadband network1 the ,state or local government may only charge the entity a reasonable fee in an amount that is consistent with the amount of the fee that the ,state or local government charges for utility permits4 7#f7 ,additional ,state or ,tribal requirements 7,a7 ,in general ,subject to subparagraph 7,b71 nothing in this subsection shall be construed to prohibit a ,state or ,indian ,tribe from imposing additional requirements relating to the use of a subgrant awarded under paragraph 7#a71 including by increasing the minimum speed of broadband service that must be provided1 if the requirements or conditions do not conflict with this subsection4 7,b7 ,limitation on matching requirements ,a ,state or ,indian ,tribe may not require a community in which a broadband network is deployed using a subgrant awarded under paragraph 7#a7 to provide matching funds if the median household income of the community is not more than #ge percent of the median household income of the ,state or ,indian ,tribe1 as applicable4 7h7 ,relation to other public funding for broadband deployment ,notwithstanding any other provision of law-- 7#a7 an entity that has received amounts from the ,federal ,government or a ,state or local government for the deployment of a broadband network in an unserved area may receive a subgrant under subsection 7g77#a7 to deploy a broadband network in that unserved area in accordance with this section2 and 7#b7 the receipt of a subgrant under subsection 7g77#a7 by an entity described in paragraph 7#a7 of this subsection shall not affect the eligibility of the entity to receive the amounts from the ,federal ,government or a ,state or local government described in such paragraph 7#a74 7i7 ,supplement not supplant ,grant amounts awarded to a ,state or ,indian ,tribe under this section shall be used to supplement1 and not supplant1 the amounts that the ,state or ,indian ,tribe would otherwise make available for the purposes for which the grant amounts may be used4 7j7 ,sense of ,congress regarding ,federal agency coordination ,it is the sense of ,congress that ,federal agencies responsible for supporting broadband deployment1 including the ,commission1 the ,department of ,commerce1 and the ,department of ,agriculture1 to the extent possible1 should align the goals1 application and reporting processes1 and project requirements with respect to broadband deployment supported by those agencies4 7k7 ,authorization of appropriations ,there are authorized to be appropriated to the ,commission to carry out this section #ca1jjj1jjj1jjj for fiscal year #bjbj1 to remain available through fiscal year #bjbi4 #ae4 ,preemption of ,state and local restrictions on municipal broadband 7a7 ,definitions ,in this section-- 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 thereof1 including an intergovernmental agency1 authority1 or instrumentality2 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 thereof1 including an intergovernmental agency1 authority1 or instrumentality2 or 7iii7 an ,indian ,tribe4 7b7 ,preemption ,no statute1 regulation1 or other legal requirement of a ,state or political subdivision thereof may prohibit1 or have the effect of prohibiting or substantially inhibiting1 any public provider from-- 7#a7 providing telecommunications services or advanced telecommunications capability or services to any person or any public or private entity2 or 7#b7 deploying a network and infrastructure used to provide services1 or capability and services1 described in paragraph 7#a74 4 #d4 ,implementation of ,broadband ,,data ,act 7a7 ,funding 7#a7 ,in general ,there is appropriated1 out of amounts in the ,treasury not otherwise appropriated1 to the ,federal ,communications ,commission #bd1jjj1jjj1 to remain available until ,september #cj1 #bjba1 for implementing title ,,viii of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fda et seq471 as added by the ,broadband ,,data ,act 7,public ,law #aaf-acj74 7#b7 ,emergency designation 7,a7 ,in general ,the amounts provided by this subsection are designated as an emergency requirement pursuant to section #d7;g7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj 7#b ,u4,s4,c4 #icc7;g774 7,b7 ,designation in ,senate ,in the ,senate1 this section is designated as an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah4 7b7 ,deadline for creation of maps ,section #hjb7;c77#a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fdb7;c77#a77 is amended by striking create and inserting create1 not later than #a year after the date of enactment of the ,broadband ,reform and ,investment to ,drive ,growth in the ,economy ,act of #bjbj14