,,ii  #aafth ,,congress  #b;d ,session  
,s4 #dghi  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,october #a1   
#bjbj,mr4 ,cornyn 7for himself and ,mr4 
,manchin7 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 funding to ,states for       
extending broadband service to unserved 
areas in partnership with broadband     
service providers1 and for other        
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,eliminate the      
,digital ,divide ,act of #bjbj4  #b4    
,expansion of broadband access in       
unserved areas  7a7 ,in general ,the    
,communications ,act of #aicd 7#dg      
,u4,s4,c4 #aea et seq47 is amended--    
7#a7 in title ,i 7#dg ,u4,s4,c4 #aea et 
seq471 by adding at the end the         
following3  #ad4 ,expansion and adoption
 of broadband service through ,state    
funding  7a7 ,definitions ,in this      

section3 7#a7 ,broadband funding partner
 ,the term broadband funding partner    
means an eligible entity that receives  
funding for a project under this        
section4  7#b7 ,broadband service ,the  
term broadband service-- 7,a7 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       
endpoints1 including any capabilities   
that are incidental to and enable the   
operation of the communications service2
  7,b7 includes any service that is a   
functional equivalent of the service    
described in subparagraph 7,a72 and     
7,c7 does not include dial-up internet  
access service4  7#c7 ,eligible entity  
,the term eligible entity means a       
private provider of broadband service1  
or a public-private partnership or      
cooperative 7including a subsidiary of a
 cooperative7 that provides broadband   
service1 that has submitted to the      
,commission1 in addition to any data    

required to be submitted under section  
#hjb1 data regarding the service option 
described in subsection 7f77#b7 that the
 entity would offer if the entity were  
to receive funding under this section4  
7#d7 ,high cost area ,the term high cost
 area means an area in which the cost of
 building out broadband service is      
higher1 as compared with the average    
such cost in the ,united ,states 7and as
 determined by the ,commission71 because
 of-- 7,a7 the remote location of the   
area2  7,b7 the scarcity of services in 
the area2  7,c7 the unique topography of
 the area2  7,d7 a high rate of poverty 
in the area2 or  7,e7 any other factor  
that contributes to the cost of building
 out that service4  7#e7 ,location ,the 
term location has the meaning given the 
term by the ,commission under rules and 
guidance that are in effect1 as of the  
date of enactment of this section4  7#f7
 ,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 service4  7#g7   
,unserved area ,the term unserved area  
means an area that1 as determined in    
accordance with the maps created under  
section #hjb7;c77#a7-- 7,a7 has no      
access to broadband service2 or  7,b7   
does not have access to broadband       
service offered-- 7i7 with a download   
speed of at least #be megabits per      
second2 and  7ii7 with an upload speed  
of at least #c megabits per second4  7b7
 ,program established  7#a7 ,in general 
,not later than #ajj days after the date
 of enactment of this section1 the      
,commission shall establish a program   
for ,states to expand access to         
broadband service in unserved areas4    
7#b7 ,relationship to universal service 
,the program established under paragraph
 7#a7 shall be separate from any        
universal service program established   
under section #bed4  7c7 ,state program 
requirements ,a ,state seeking funding  
under the program established under     

subsection 7b7 shall create a program   
that-- 7#a7 implements the requirements 
of this section2  7#b7 does not favor   
the use of any particular technology or 
any particular eligible entity2  7#c7   
encourages small broadband providers to 
participate in the program through      
streamlined regulatory requirements for 
all broadband funding partners2  7#d7   
takes into account-- 7,a7 the size and  
scope of each unserved area1 and the    
number of locations1 proposed to be     
served by each project carried out using
 the funds2 and  7,b7 the speed of the  
broadband service provided by eligible  
entities seeking funding for projects   
under the program2  7#e7 may take into  
account-- 7,a7 the size and proportion  
of the matching funds proposed to be    
committed by the eligible entities      
seeking funding for projects under the  
program1 which may not be provided from 
any funds derived from government       
grants1 loans1 or subsidies2  7,b7 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       
projects2 and  7,c7 whether an eligible 
entity seeking funding for a project    
under the program has the ability to    
leverage nearby or adjacent broadband   
service provided by the eligible entity 
to facilitate the deployment and        
provision of broadband service proposed 
under that project2  7#f7 establishes-- 
7,a7 periodic buildout milestones1      
reporting requirements1 and             
certification by broadband funding      
partners2 and  7,b7 a maximum buildout  
timeframe for a broadband funding       
partner of #c years1 beginning on the   
date on which funding is provided to the
 broadband funding partner to undertake 
a project1 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-- 7i7 delays by

 third parties in providing necessary   
permits1 approvals1 or access to 7or    
construction of7 poles2 or  7ii7 a      
,state or federally declared disaster2  
7#g7 contains sufficient notice1        
transparency1 accountability1 and       
oversight measures to-- 7,a7 provide the
 public and broadband funding partners  
with notice of the funding provided     
under this section2 and  7,b7 deter     
waste1 fraud1 and abuse of program      
funds2  7#h7 establishes procedures for 
the recovery of funds1 in whole or in   
part1 from a broadband funding partner  
if the broadband funding partner-- 7,a7 
defaults or fails to comply with the    
buildout requirements established for   
the project with respect to which the   
funding relates2 and  7,b7 has not      
received an extension under paragraph   
7#f77;,b72  7#i7 establishes procedures 
for broadband funding partners to       
receive expedited approval for all      
necessary access to 7or construction of7
 poles1 ,state and local rights-of-way  

permits1 or other approvals in the areas
 of the ,state served by projects under 
the program2  7#aj7 provides that       
broadband funding partners are not      
required to be designated as eligible   
telecommunications carriers under       
section #bad7;e72  7#aa7 provides that  
an eligible entity shall grant access to
 poles1 ducts1 conduits1 and            
rights-of-way that the eligible entity  
owns or controls within the ,state at   
rates1 terms1 and conditions regulated  
by the ,commission under1 or the ,state 
consistent with1 section #bbd1 without  
regard to whether that section otherwise
 applies with respect to those items2   
and  7#ab7 except as otherwise          
explicitly provided in this section1    
does not require1 or include            
consideration of1 the imposition of any 
new or additional regulatory obligations
 on broadband funding partners beyond   
those required under applicable law4    
7d7 ,distribution of funds to ,states   
7#a7 ,commission distributions  7,a7 ,in

 general ,not later than #bjj days after
 the date of enactment of this section1 
the ,commission1 under the program      
established under subsection 7b71 and in
 accordance with the requirements of    
this section1 shall1 with respect to the
 amounts made available to carry out    
this section-- 7i7 reserve #aj percent  
of those amounts for distributions under
 subparagraph 7,b7 to ,states that have 
established programs under subsection   
7c72 and  7ii7 of the amounts not       
reserved under clause 7i71 make         
distributions under paragraph 7#b7 to   
,states that have established programs  
under subsection 7c74  7,b7             
,distributions for high cost areas ,the 
amount of a distribution to a ,state    
under this subparagraph shall be        
calculated as follows3 7i7 ,divide the  
number of high cost areas in the ,state 
by the total number of high cost areas  
in the ,united ,states4  7ii7 ,multiply 
the quotient obtained under clause 7i7  
by the total amount reserved under      

subparagraph 7,a77i74  7#b7 ,amount of  
distributions for project awards ,the   
amount of a distribution to a ,state    
under paragraph 7#a7 shall be calculated
 as follows3 7,a7 ,divide the number of 
individuals living in unserved areas in 
the ,state by the total number of       
individuals living in unserved areas in 
the ,united ,states1 as determined in   
accordance with the maps created under  
section #hjb7;c77#a74  7,b7 ,multiply   
the quotient obtained under subparagraph
 7,a7 of this paragraph by the amount   
described in paragraph 7#a77;,a77ii74   
7#c7 ,state entitlement ,with respect to
 a ,state that has established a program
 under subsection 7c71 the ,state shall 
receive a distribution under both of    
paragraphs 7#a77;,b7 and 7#b7 of this   
subsection4  7e7 ,state use of program  
funds  7#a7 ,in general ,not later than 
#abj days after the date on which a     
,state receives funds under subsection  
7d71 and subject to paragraph 7#b71 the 
,state shall make awards to eligible    

entities through the program established
 by the ,state under subsection 7c74    
7#b7 ,funds used solely for unserved    
areas ,a ,state to which funds are      
distributed under subsection 7d7-- 7,a7 
may not-- 7i7 use any portion of those  
funds for a project in any area that is 
not an unserved area2 or  7ii7 use more 
than #e percent of those funds to       
administer the program established by   
the ,state under subsection 7c72 and    
7,b7 shall-- 7i7 before making any      
awards described in paragraph 7#a71     
consult the maps created under section  
#hjb7;c77#a71 as updated through the    
resolution of any challenges brought    
under section #hjb7;b77#e71 to create a 
list of areas within the ,state that are
 unserved areas1 which the ,state shall 
make publicly available2  7ii7 from the 
list created under clause 7i71 remove   
any area in the ,state that-- 7,i7 has  
been awarded funding in 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 #cj1 #bjbj 7,,fcc #bj-e72      
7,,ii7 has been awarded funding through 
any ,rural ,utilities ,service broadband
 funding program with a minimum speed   
commitment of #be megabits per second   
for downloads and #c megabits per second
 for uploads2  7,,iii7 has been awarded 
funding through any existing program    
established by the ,state with minimum  
speed commitments described in subclause
 7,,ii72 or  7,,iv7 is the subject of an
 enforceable commitment by a broadband  
provider to serve the area with minimum 
speed commitments described in subclause
 7,,ii71 even if1 in any such areas1 the
 service is not yet available1 provided 
that the broadband provider is meeting  
any applicable build-out deadlines2     
7iii7 establish a streamlined process   
that allows a broadband service         
provider1 the ,state1 or a unit of local
 government within the ,state not less  

than #cj days after the date on which   
the list created under clause 7i71 as   
updated under clause 7ii71 is made      
publicly available to bring a challenge 
regarding whether an area on that final 
list is an unserved area2  7iv7 provide 
a written notice regarding how each     
challenge brought under clause 7iii7 was
 decided1 including the reasons for that
 decision2  7v7 update the list created 
under clause 7i7 to reflect the results 
of challenges brought under clause      
7iii72  7vi7 not later than #aj years   
after the date of enactment of this     
section1 return any unused portion of   
those funds to the ,commission2 and     
7vii7 not later than #b years after the 
date on which the funds are distributed 
to the ,state1 and biennially           
thereafter1 submit to the ,commission a 
report-- 7,i7 regarding how the ,state  
spent those funds during the period     
covered by the report1 which shall      
include a description of each award made
 with those funds2 and  7,,ii7 that     

contains a certification that the ,state
 has complied with the requirements of  
this section during the period covered  
by the report4  7f7 ,project            
requirements ,any project funded through
 the program established under          
subsection 7b7 shall-- 7#a7 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 #ed of title #dg1 ,code of   
,federal ,regulations 7or any successor 
regulations72 and  7#b7 offer a low-cost
 broadband service option for low-income
 subscribers with eligibility for the   
service option determined by the        
applicable broadband funding partner4   
7g7 ,promoting broadband deployment ,not
 later than #a year after the date on   
which a ,state receives funding under   
this section1 the ,state shall publish  
on a publicly available website of the  
,state a report that analyzes the       
following3 7#a7 ,the process by which   

the ,state1 or any local authority      
within the ,state1 acts on a new request
 to access poles1 ducts1 conduits1 or   
rights-of-way1 which shall include an   
analysis of-- 7,a7 the speed with which 
the ,state or local authority1 as       
applicable1 responds to such a request2 
and  7,b7 the impact that granting such 
a request not later than #cj days after 
the date on which the request is        
submitted would have on the speed at    
which broadband service is deployed in  
the ,state4  7#b7 ,the process by which 
the ,state1 or any local authority      
within the ,state1 acts on a            
nonemergency request for authorization  
to place1 construct1 or modify          
facilities with respect to broadband    
service that are supported through      
access to poles1 ducts1 conduits1 or    
rights-of-way1 which shall include an   
analysis of-- 7,a7 the speed with which 
the ,state or local authority1 as       
applicable1 responds to such a request2 
and  7,b7 the impact that granting such 

a request not later than #cj days after 
the date on which the request is        
submitted would have on the speed at    
which broadband service is deployed in  
the ,state4  7#c7 ,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 poles1 ducts1 conduits1 or    
rights-of-way notifies the ,state1 or   
the applicable local authority within   
the ,state1 regarding the emergency and 
the associated work4  7#d7 ,the impact  
on the deployment of broadband service  
within the ,state of requiring the      
,state1 or any instrumentality of the   
,state1 whenever the ,state or          
instrumentality intends to modify or    
alter a pole1 duct1 conduit1 or         
right-of-way1 or conduct road work in   
which there will be open trenches1 to   
provide prior written notification of   
that action to any broadband service    

provider1 or other entity1 that has     
obtained an attachment to a pole1 duct1 
or conduit1 or right-of-way that may be 
affected1 so that the applicable entity 
may have a reasonable opportunity to add
 to or modify its existing attachment or
 facilities4  7h7 ,guidance ,the        
,commission may provide guidance to     
,states with respect to service         
obligations1 procedures1 reporting      
requirements1 and other requirements in 
carrying out programs established under 
this section4  7i7 ,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      
provider4  2 and  7#b7 in section       
#hjb7;c7 7#dg ,u4,s4,c4 #fdb7;c77-- 7,a7
 in paragraph 7#a77;,a7-- 7i7 in clause 
7i71 by striking and at the end2  7ii7  
in clause 7ii71 by adding and after the 
semicolon at the end2 and  7iii7 by     

adding at the end the following3  7iii7 
the areas of the ,united ,states in     
which options described in section      
#ad7;f77#b7 are available2  2  7,b7 in  
paragraph 7#e71 by striking and at the  
end2  7,c7 in paragraph 7#f7-- 7i7 in   
the matter preceding subparagraph 7,a71 
by inserting 1 including on a publicly  
available website after make public2    
7ii7 in subparagraph 7,a71 by striking  
and at the end2 and  7iii7 in           
subparagraph 7,b71 by striking the      
period at the end and inserting 2 and2  
and  7,d7 by adding at the end the      
following3  7#g7 beginning not later    
than #ah months after the date of       
enactment of the ,eliminate the ,digital
 ,divide ,act of #bjbj1 ensure that the 
publicly available website described in 
paragraph 7#f7-- 7,a7 allows a consumer 
to determine1 based on financial        
information entered by the consumer1    
whether the consumer is eligible-- 7i7  
to receive a ,federal or ,state subsidy 
with respect to broadband internet      

access service2 or  7ii7 to qualify for 
a low-income plan with respect to       
broadband internet access service2 and  
7,b7 with respect to a consumer who is  
eligible under clause 7i7 or 7ii7 of    
subparagraph 7,a71 contains information 
regarding how to apply for the          
applicable benefit4  4  7b7 ,direct     
appropriation ,there is appropriated to 
the ,federal ,communications            
,commission1 out of any money in the    
,treasury not otherwise appropriated1   
#aj1jjj1jjj1jjj for fiscal year #bjbj to
 carry out section #ad of the           
,communications ,act of #aicd1 as added 
by subsection 7a77#a71 which shall      
remain available through fiscal year    
#bjbi4