,,ii #aagth ,,congress #ast ,session ,s4 #bjga ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ae1 #bjba ,mr4 ,bennet 7for himself1 ,mr4 ,king1 and ,mr4 ,portman7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to provide grants to ,states1 territories1 ,puerto ,rico1 the ,district of ,columbia1 and eligible ,tribal entities to promote access to affordable1 high-speed broadband and digital equity4 #a4 ,short title ,this ,act may be cited as the ,broadband ,reform and ,investment to ,drive ,growth in the ,economy ,act of #bjba or the ,,bridge ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,access to affordable1 reliable1 and high-speed 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 ,the digital divide disproportionately affects communities of color1 lower-income areas1 and rural areas4 7#d7 ,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#e7 ,the #bjai novel coronavirus pandemic has underscored the critical importance of affordable1 high-speed broadband for individuals1 families1 and communities to be able to work1 learn1 and connect remotely while supporting social distancing4 #c4 ,grants for broadband deployment 7a7 ,definitions 7#a7 ,areas lacking broadband access ,in this section-- 7,a7 the term unserved area means an area that lacks access to broadband service with a speed greater than-- 7i7 #be megabits per second for downloads2 and 7ii7 #c megabits per second for uploads2 7,b7 the term underserved area means an area that-- 7i7 is not an unserved area2 and 7ii7 lacks access to broadband service with a speed of not less than-- 7,i7 #ajj megabits per second for downloads2 and 7,,ii7 #be megabits per second for uploads2 7,c7 the term other qualifying area means an area that-- 7i7 is not an unserved area or underserved area2 and 7ii7 lacks access to gigabit-level broadband service2 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 affordable broadband service plan means a plan under which broadband service is provided at a rate that is determined by the ,commission1 in coordination with the ,assistant ,secretary1 to be affordable for a #d-person household that-- 7i7 includes #b dependents under the age of #ah2 and 7ii7 has an income of #acf percent of the poverty line applicable to a family of the size involved 7as determined under section #fgc7b7 of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb7b7772 7,b7 the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information2 7,c7 the term broadband or broadband service has the meaning given the term broadband internet access service in section #h4a7;b7 of title #dg1 ,code of ,federal ,regulations1 or any successor regulation2 7,d7 the term ,commission means the ,federal ,communications ,commission2 7,e7 the term community anchor institution means an entity such as a school1 library1 health clinic1 hospital or other medical provider1 public safety entity1 institution of higher education1 public housing organization1 or community support organization that facilitates greater use of broadband service by vulnerable populations1 including low-income individuals1 unemployed individuals1 and aged individuals2 7,f7 the term digital equity means the condition in which all individuals and communities have the information technology capacity needed for full participation in the society and economy of the ,united ,states2 7,g7 the term digital inclusion-- 7i7 means the activities that are necessary to ensure that all individuals in the ,united ,states have access to1 and the use of1 affordable information and communications technologies1 such as reliable fixed and wireless broadband service1 internet-enabled devices that meet the needs of the user1 applications and online content designed to enable and encourage self-sufficiency1 participation1 and collaboration2 and 7ii7 includes obtaining access to digital literacy training1 the provision of quality technical support1 and obtaining basic awareness of measures to ensure online privacy and cybersecurity2 7,h7 the term digital literacy means the skills associated with using technology to enable users to find1 evaluate1 organize1 create1 and communicate information2 7,i7 the term eligible community anchor institution means a community anchor institution that lacks access to gigabit-level broadband service2 7,j7 the term eligible entity means a ,state1 a territory1 the ,district of ,columbia1 or an eligible ,tribal entity2 7,k7 the term eligible ,tribal entity means-- 7i7 a ,tribal government2 7ii7 a ,tribal ,college or ,university 7as defined in section #caf7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;c7b7772 7iii7 the ,department of ,hawaiian ,home ,lands on behalf of the ,native ,hawaiian ,community1 including ,native ,hawaiian ,education ,programs2 7iv7 a ,tribal organization2 or 7v7 a ,native ,corporation2 7,l7 the term ,fund means the ,broadband ,access ,fund established under subsection 7b72 7,m7 the term gigabit-level broadband service means broadband service with a speed of not less than-- 7i7 #a gigabit per second for downloads2 and 7ii7 #a gigabit per second for uploads2 7,n7 the term high-cost area means an unserved area in which the ,assistant ,secretary determines that the cost of deploying broadband service is higher than the average cost of deploying broadband service in the ,united ,states because of-- 7i7 the remote location of the area2 7ii7 the population density of the area2 7iii7 the unique topography of the area2 7iv7 a high rate of poverty in the area2 or 7v7 any other factor that contributes to the cost of deploying broadband service2 7,o7 the term ,native ,corporation has the meaning given the term in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb72 7,p7 the term ,native ,hawaiian has the meaning given the term in section #hja of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dbba72 7,q7 the term ,state means any of the #ej ,states2 7,r7 the term subgrantee means an entity that receives grant funds from an eligible entity to carry out activities under subsection 7g72 7,s7 the term territory means the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 the ,republic of the ,marshall ,islands1 the ,federated ,states of ,micronesia1 and the ,republic of ,palau2 and 7,t7 the term ,tribal government means the governing body of any ,indian or ,alaska ,native ,tribe1 band1 nation1 pueblo1 village1 community1 component band1 or component reservation1 individually recognized 7including parenthetically7 in the list published most recently as of the date of enactment of this ,act pursuant to section #dajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca74 7b7 ,broadband ,access ,fund 7#a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,broadband ,access ,fund4 7#b7 ,direct appropriation to fund ,there is appropriated to the ,fund1 out of amounts in the ,treasury not otherwise appropriated1 for the fiscal year ending ,september #cj1 #bjba1 #dj1jjj1jjj1jjj1 to remain available until expended4 7#c7 ,availability of fund ,amounts in the ,fund shall be available to the ,assistant ,secretary to make grants to eligible entities to-- 7,a7 deploy broadband2 and 7,b7 fund efforts that bridge the digital divide1 increase the adoption of broadband1 and facilitate affordable access to broadband4 7c7 ,grants ,from the amounts appropriated under subsection 7b71 the ,assistant ,secretary shall award a grant to each eligible entity that submits an initial proposal or final proposal that the ,assistant ,secretary approves4 7d7 ,allocation 7#a7 ,minimum amounts ,of the amounts appropriated under subsection 7b7-- 7,a7 #ajj1jjj1jjj shall be made available to each ,state2 7,b7 #ge1jjj1jjj shall be made available to each of the ,commonwealth of ,puerto ,rico and the ,district of ,columbia2 7,c7 #ajj1jjj1jjj shall be made available to1 and divided equally among1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 the ,republic of the ,marshall ,islands1 the ,federated ,states of ,micronesia1 and the ,republic of ,palau2 and 7,d7 not less than #e percent shall be made available to eligible ,tribal entities-- 7i7 on an equitable basis2 and 7ii7 of which not less than #c percent shall be made available for the benefit of ,native ,hawaiians4 7#b7 ,remaining amounts 7,a7 ,in general ,amounts remaining after the allocations under paragraph 7#a7 shall be allocated to ,states based on population in accordance with subparagraph 7,b7 of this paragraph4 7,b7 ,allocations ,of the amounts allocated under subparagraph 7,a7-- 7i7 #ej percent shall be allocated among the ,states based on the proportion that the population of each ,state bears to the population of all ,states2 7ii7 #be percent shall be allocated among the ,states 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 #be percent shall be allocated among the ,states based on the proportion that the number of individuals with a household income that is below #aej percent of the poverty line applicable to a family of the size involved 7as determined under section #fgc7b7 of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb7b77 in each ,state bears to the number of such individuals in all ,states4 7,c7 ,population determination ,for purposes of subparagraph 7,b71 the population of 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 ,census4 7#c7 ,reallocation 7,a7 ,failure to submit initial proposal ,if an eligible entity does not submit an initial proposal under subsection 7f77#b7 for amounts allocated to the eligible entity under this subsection by the applicable date under subparagraph 7,a7 of that subsection1 the ,assistant ,secretary shall reallocate the amounts on a competitive basis to-- 7i7 in the case of an eligible entity described in subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#a7 of this subsection1 other eligible entities described in those subparagraphs that have submitted an initial proposal under subsection 7f77#b7 as of that date2 or 7ii7 in the case of an eligible entity described in subparagraph 7,d7 of paragraph 7#a7 of this subsection1 other eligible entities described in that subparagraph that have submitted an initial proposal under subsection 7f77#b7 as of that date4 7,b7 ,failure to submit final proposal ,if an eligible entity does not submit a final proposal under subsection 7f77#c7 for the remainder of the amounts allocated to the eligible entity under this subsection by the applicable date under subparagraph 7,a7 of that subsection1 the ,assistant ,secretary shall reallocate the amounts on a competitive basis to-- 7i7 in the case of an eligible entity described in subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#a7 of this subsection1 other eligible entities described in those subparagraphs that have submitted a final proposal under subsection 7f77#c7 as of that date2 or 7ii7 in the case of an eligible entity described in subparagraph 7,d7 of paragraph 7#a7 of this subsection1 other eligible entities described in that subparagraph that have submitted a final proposal under subsection 7f77#c7 as of that date4 7e7 ,administrative expenses 7#a7 ,assistant ,secretary ,the ,assistant ,secretary may use not more than #b percent of amounts appropriated under subsection 7b7 for administrative purposes1 including the provision of technical assistance to eligible ,tribal entities4 7#b7 ,eligible entities ,an eligible entity may use not more than #b percent of grant funds received under this section for expenses relating 7directly or indirectly7 to administration of the grant4 7f7 ,implementation 7#a7 ,requirements2 outreach ,not later than #abj days after the date of enactment of this ,act1 the ,assistant ,secretary shall-- 7,a7 issue a notice to each eligible entity that-- 7i7 contains the estimated amount available to the eligible entity under this section2 and 7ii7 invites the eligible entity to submit an initial proposal and final proposal for a grant under this section1 in accordance with paragraphs 7#b7 and 7#c72 7,b7 develop and make public a standard1 online application form that an eligible entity may use to submit an initial proposal and final proposal for the grant amounts made available to the eligible entity under this section2 7,c7 outline-- 7i7 the requirements for initial proposals and final proposals for grants under this section2 and 7ii7 the allowed uses of grant funds awarded under this section1 as provided in subsection 7g72 and 7,d7 publish a model-- 7i7 initial proposal that complies with paragraph 7#b77;,a71 including the certification requirements under clause 7i77,,vi7 of that paragraph2 and 7ii7 final proposal that complies with paragraph 7#c77;,a74 7#b7 ,initial proposal 7,a7 ,submission 7i7 ,in general ,during the #ij-;day period beginning on the date on which the ,assistant ,secretary issues the notice under paragraph 7#a71 an eligible entity that wishes to receive a grant under this section shall submit an initial proposal for a grant1 using the online application form developed by the ,assistant ,secretary under subparagraph 7,b7 of that paragraph1 that-- 7,i7 outlines long-term objectives for deploying broadband and closing the digital divide2 7,,ii7 7aa7 identifies1 and outlines steps to support1 local and regional broadband planning processes or ongoing efforts to deploy broadband or close the digital divide2 and 7bb7 describes coordination with local governments1 along with local and regional broadband planning processes2 7,,iii7 identifies existing efforts funded by the ,federal government or a ,state within the jurisdiction of the eligible entity to deploy broadband and close the digital divide2 7,,iv7 includes a plan to competitively award subgrants2 7,v7 identifies1 using data drawn from sources including the map created by the ,commission under section #hjb7;c77#a77;,a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fdb7;c77#a77;,a771 another broadband map of the ,commission that is in effect1 the ,national ,broadband ,availability ,map created by the ,assistant ,secretary1 or ,state-level broadband data-- 7aa7 each unserved area1 underserved area1 or other qualifying area under the jurisdiction of the eligible entity2 and 7bb7 each community anchor institution under the jurisdiction of the eligible entity that is an eligible community anchor institution2 7,,vi7 certifies the intent of the eligible entity to comply with all applicable requirements under this section1 including the reporting requirements under subsection 7j77#a72 and 7,,vii7 includes a description of the challenge process for classification of eligible areas and institutions required under subsection 7i77#b7 that the eligible entity will use4 7ii7 ,eligible ,tribal entities ,in the case of an eligible ,tribal entity1 clause 7i7 shall be applied by substituting #abj-;day period for #ij-;day period4 7iii7 ,local coordination ,to the greatest extent practicable1 a ,state shall coordinate with units of local government within the ,state in submitting an initial proposal under clause 7i74 7,b7 ,single initial proposal ,an eligible entity may submit only #a initial proposal under this paragraph4 7,c7 ,corrections to initial proposal ,the ,assistant ,secretary may accept corrections to the initial proposal of an eligible entity after the initial proposal has been submitted4 7,d7 ,consideration of initial proposal ,not later than #ij days after receipt of an initial proposal for a grant under this paragraph1 the ,assistant ,secretary shall-- 7i7 acknowledge receipt2 7ii7 evaluate whether the use of funds proposed in the initial proposal complies with subsection 7g72 7iii7 if the initial proposal is complete-- 7,i7 disburse to the eligible entity #bj percent of the grant funds that were allocated to the eligible entity under subsection 7d72 or 7,,ii7 at the discretion of the ,assistant ,secretary1 disburse to the eligible entity a higher percentage of the grant funds that were allocated to the eligible entity under subsection 7d72 and 7iv7 if the initial proposal is incomplete1 notify the eligible entity and provide the eligible entity with #cj days to resubmit the initial proposal4 7,e7 ,consideration of resubmitted initial proposal ,not later than #ad days after receipt of a resubmitted initial proposal for a grant under this paragraph1 the ,secretary shall-- 7i7 acknowledge receipt2 7ii7 if the initial proposal is complete-- 7,i7 disburse to the eligible entity #bj percent of the grant funds that were allocated to the eligible entity under subsection 7d72 or 7,,ii7 at the discretion of the ,assistant ,secretary1 disburse to the eligible entity a higher percentage of the grant funds that were allocated to the eligible entity under subsection 7d72 and 7iii7 if the initial proposal is incomplete1 notify the eligible entity and provide the eligible entity with #cj days to resubmit the initial proposal4 7#c7 ,final proposal 7,a7 ,submission 7i7 ,in general ,during the #abj-;day period beginning on the date on which the ,assistant ,secretary disburses grant funds to an eligible entity under subparagraph 7,d7 or 7,e7 of paragraph 7#b71 the eligible entity may submit a final proposal for the remainder of the grant1 using the online application form developed by the ,assistant ,secretary under paragraph 7#a77;,b71 that includes-- 7,i7 spending priorities consistent with the long-term objectives outlined in paragraph 7#b77;,a77i77,i72 7,,ii7 a preliminary budget2 7,,iii7 a detailed plan that specifies how the eligible entity will-- 7aa7 allocate not less than #ej percent of the total grant funds allocated to the eligible entity under subsection 7d7 to the deployment of broadband networks to unserved areas1 including high-cost areas 7if applicable71 or to other eligible uses in areas with above-average poverty1 as required under subsection 7h77#a72 and 7bb7 align the grant funds allocated to the eligible entity under subsection 7d71 where practicable1 with the use of other funds or other assistance that the eligible entity has received to deploy broadband infrastructure from the ,federal ,government1 a ,state1 or a private entity2 7,,iv7 a timeline for implementation2 7,v7 processes for oversight and accountability to ensure the proper use of the grant funds allocated to the eligible entity under subsection 7d72 7,,vi7 a description of coordination with local governments1 along with local and regional broadband planning processes2 and 7,,vii7 a description of efforts to prohibit waste1 fraud1 and abuse through-- 7aa7 the challenge process for classification of eligible areas and institutions required under subsection 7i77#b72 and 7bb7 coordination with other ,federal and ,state broadband programs4 7ii7 ,eligible ,tribal entities ,in the case of an eligible ,tribal entity1 clause 7i7 shall be applied by substituting #aej-;day period for #abj-;day period4 7iii7 ,local coordination ,to the greatest extent practicable1 a ,state shall coordinate with units of local government within the ,state in submitting a final proposal under clause 7i74 7iv7 ,federal coordination ,to ensure efficient and effective use of taxpayer funds1 an eligible entity shall1 to the greatest extent practicable1 align the use of grant funds proposed in the final proposal under clause 7i7 with funds available from other ,federal programs that support broadband deployment and access4 7,b7 ,single final proposal ,an eligible entity may submit only #a final proposal under this paragraph4 7,c7 ,corrections to final proposal ,the ,assistant ,secretary may accept corrections to the final proposal of an eligible entity after the final proposal has been submitted4 7,d7 ,consideration of final proposal ,not later than #ij days after receipt of a final proposal for a grant under this paragraph1 the ,assistant ,secretary shall-- 7i7 acknowledge receipt2 7ii7 evaluate whether the use of funds proposed in the final proposal complies with subsection 7g72 7iii7 if the final proposal is complete1 disburse to the eligible entity the remainder of the grant funds allocated to the eligible entity under subsection 7d72 and 7iv7 if the final proposal is incomplete1 notify the eligible entity and provide the eligible entity with #cj days to resubmit the final proposal4 7,e7 ,consideration of resubmitted final proposal ,not later than #ad days after receipt of a resubmitted final proposal for a grant under this paragraph1 the ,secretary shall-- 7i7 acknowledge receipt2 7ii7 if the final proposal is complete1 disburse to the eligible entity the remainder of the grant funds allocated to the eligible entity under subsection 7d72 and 7iii7 if the final proposal is incomplete1 notify the eligible entity and provide the eligible entity with #cj days to resubmit the final proposal4 7#d7 ,extension ,the ,assistant ,secretary may grant an extension of a deadline under paragraph 7#b7 or 7#c74 7#e7 ,exemption from service standards ,in submitting an initial proposal or final proposal under paragraph 7#b7 or 7#c71 respectively1 an eligible entity may request an exemption from the service standards under subsection 7i77#d77;,a77i77,i7 for the deployment of a broadband network in an area if meeting the standards in that area would be technologically or financially infeasible4 7g7 ,use of funds ,an eligible entity may use grant funds received under this section to-- 7#a7 competitively award subgrants for-- 7,a7 the deployment of broadband networks to eligible areas2 7,b7 connecting eligible community anchor institutions2 7,c7 broadband mapping and planning2 7,d7 distance learning1 including partnering with service providers in existence when the subgrant is awarded1 or purchasing and installing equipment1 to extend broadband service from the campus of a school1 library1 or other community anchor institution to unserved households2 7,e7 telehealth2 7,f7 installing internet and ,wi-,fi infrastructure or providing free or reduced-cost broadband within a multi-family residential building1 with a priority given to a residential building that-- 7i7 has a substantial share of unserved households2 or 7ii7 is in an area in which the percentage of individuals with a household income that is at or below #acf percent of the poverty line applicable to a family of the size involved 7as determined under section #fgc7b7 of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb7b77 is higher than the national percentage of such individuals2 7,g7 affordable broadband programs1 including providing free or reduced-cost broadband service1 that-- 7i7 subject to clause 7ii71 provide broadband service at a speed greater than-- 7,i7 #ej megabits per second for downloads2 and 7,,ii7 #aj megabits per second for uploads2 and 7ii7 make every reasonable effort to prioritize broadband service at faster speeds than the speeds required under clause 7i72 7,h7 digital inclusion1 such as digital literacy and digital equity programs1 including programs to provide affordable internet-capable devices2 7,i7 broadband adoption2 7,j7 initiatives to develop a skilled telecommunications workforce necessary for the deployment of high-speed broadband2 or 7,k7 accelerating the completion of a project1 or enabling a public-private partnership1 to deploy a broadband network to an eligible area that was ongoing as of the date of the award1 if the network meets the requirements under subsection 7i77#d72 and 7#b7 provide technical assistance to local1 regional1 private1 or nonprofit entities to carry out existing efforts to-- 7,a7 deploy broadband or close the digital divide2 or 7,b7 implement the subgrants awarded under paragraph 7#a74 7h7 ,general subgrant requirements 7#a7 ,minimum allocation for unserved areas or areas with substantial poverty ,an eligible entity1 in awarding subgrants using grant funds received under this section1 shall allocate not less than #ej percent of the grant funds received by the eligible entity to-- 7,a7 the deployment of broadband networks to unserved areas1 including high-cost areas 7if applicable72 or 7,b7 other eligible uses in areas in which the percentage of individuals with a household income that is at or below #acf percent of the poverty line applicable to a family of the size involved 7as determined under section #fgc7b7 of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb7b77 is higher than the national percentage of such individuals4 7#b7 ,nonperformance stipulations ,an eligible entity shall stipulate1 in any contract with a subgrantee for the use of grant funds received under this section1 reasonable provisions for recovery of funds for nonperformance4 7i7 ,broadband network deployment 7#a7 ,order of awards2 priority ,an eligible entity1 in awarding subgrants for the deployment of a broadband network using grant funds received under this section1 as authorized under subsection 7g77#a77;,a7-- 7,a7 shall award funding in a manner that-- 7i7 first provides funding for deployment of broadband infrastructure to unserved areas2 7ii7 after providing funding for deployment of broadband infrastructure to areas described in clause 7i71 provides funding for deployment of broadband infrastructure to underserved areas and eligible community anchor institutions2 and 7iii7 after providing funding for deployment of broadband infrastructure to areas and institutions described in clause 7ii71 provides funding to other eligible areas2 7,b7 may not exclude cooperatives1 nonprofit organizations1 public-private partnerships1 private companies1 public or private utilities1 ,tribally owned entities1 or local governments from eligibility for such grant funds2 and 7,c7 shall give priority to an entity that-- 7i7 will provide not less than #a tier of gigabit-level broadband service2 7ii7 will1 subject to a waiver from the ,assistant ,secretary due to unforeseeable1 extenuating circumstances-- 7,i7 begin construction of the broadband network not later than #a year 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#d77;,b72 and 7iii7 in the case of a subgrant awarded by a ,state or territory1 has a letter of endorsement for the project from the local government for each community that the project will serve4 7#b7 ,challenge process for classification of eligible areas and institutions 7,a7 ,challenge process ,after submitting an initial proposal under subsection 7f77#b7 and before allocating grant funds received under this section for the deployment of broadband networks1 an eligible entity shall ensure a transparent1 evidence-based1 and expeditious challenge process under which a unit of local government1 nonprofit organization1 or other broadband service provider can challenge a determination made by the eligible entity in the initial proposal as to whether a particular area or community anchor institution within the jurisdiction of the eligible entity is eligible for the grant funds1 including whether a particular area is an unserved area1 underserved area1 or other qualifying area4 7,b7 ,final identification2 notification of funding eligibility ,after resolving each challenge under subparagraph 7,a71 and not later than #cj days before allocating grant funds received under this section for the deployment of broadband networks1 an eligible entity shall provide public notice of the final classification of each eligible area and eligible community anchor institution within the jurisdiction of the eligible entity4 7,c7 ,consultation with ,,ntia ,an eligible entity shall notify the ,assistant ,secretary of any modification to the initial proposal of the eligible entity submitted under subsection 7f77#b7 that is necessitated by a successful challenge under subparagraph 7,a7 of this paragraph4 7#c7 ,subgrantee non-,federal share of broadband infrastructure deployment costs 7,a7 ,in general 7i7 ,matching requirement ,in allocating grant funds received under this section for deployment of broadband networks1 an eligible entity other than an eligible ,tribal entity shall require a subgrantee to provide a contribution1 derived from non-,federal funds 7or funds from a ,federal regional commission or authority71 of not less than #bj percent of project costs4 7ii7 ,waiver ,the ,assistant ,secretary may reduce or waive the required matching contribution under clause 7i74 7,b7 ,source of match ,a matching contribution under subparagraph 7,a7-- 7i7 may be provided by an eligible entity1 a unit of local government1 a utility company1 a cooperative1 a nonprofit organization1 a for-profit company1 regional planning or governmental organization1 or a ,federal regional commission or authority2 and 7ii7 may include in-kind contributions4 7,c7 ,definition ,for purposes of this paragraph1 the term ,federal regional commission or authority means-- 7i7 the ,appalachian ,regional ,commission2 7ii7 the ,delta ,regional ,authority2 and 7iii7 the ,northern ,border ,regional ,commission4 7#d7 ,deployment and provision of service requirements ,an entity that receives a subgrant under subsection 7g77#a77;,a7 for the deployment of a broadband network shall-- 7,a7 in providing broadband service using the network-- 7i7 provide broadband service-- 7,i7 except as provided in subclause 7,,ii7-- 7aa7 at a speed of not less than #ajj megabits per second for downloads and #ajj megabits per second for uploads2 7bb7 with a latency that is sufficiently low to allow reasonably foreseeable1 real-time1 interactive applications2 and 7cc7 with network outages that do not exceed1 on average1 #dh hours over any #cfe-;day period2 or 7,,ii7 at a speed of not less than #ajj megabits per second for downloads and #be megabits per second for uploads1 if the eligible entity that awarded the subgrant has received an exemption from the ,assistant ,secretary under subsection 7f77#e72 7ii7 provide access to broadband service to each customer that desires broadband service in the area to which the subgrant applies2 and 7iii7 to an eligible area1 offer not less than #a affordable broadband service plan for customers2 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 #c years after the date on which the entity receives the subgrant2 or 7ii7 in the case of-- 7,i7 a subgrant awarded by an eligible ,tribal entity1 if exigencies require additional time1 by a date specified by the eligible ,tribal entity that-- 7aa7 is later than the date required under clause 7i72 and 7bb7 may not be later than #e years after the date on which the entity receives the subgrant2 or 7,,ii7 a subgrant awarded by an eligible entity other than an eligible ,tribal entity1 if a delay in receiving a ,federal1 ,state1 or local permit1 or a delay due to supply chain constraints1 that is outside the control of the subgrantee makes compliance with the deadline under clause 7i7 impossible1 by a date specified by the eligible entity that-- 7aa7 is later than the date required under clause 7i72 and 7bb7 may not be later than #d years after the date on which the entity receives the subgrant2 7,c7 if laying middle-mile fiber or conduit underground or along a roadway1 include interspersed access points at regular intervals2 7,d7 once the network has been deployed1 provide public notice1 online and through other means1 of that fact to the area in which broadband service has been provided and share the public notice with the eligible entity that awarded the subgrant2 and 7,e7 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 on a nondiscriminatory basis to other broadband service providers or public sector entities4 7#e7 ,return of funds ,an entity that receives a subgrant from an eligible entity under subsection 7g77#a77;,a7 and fails to comply with any requirement under this subsection shall return up to the entire amount of the subgrant to the eligible entity1 at the discretion of the eligible entity4 7#f7 ,reasonable permitting fees ,if an entity that receives a subgrant under subsection 7g77#a77;,a7 requires access to a right-of-way1 including for a pole attachment1 from the ,federal ,government or a ,state or local government in order to deploy the broadband network1 the ,federal ,government or ,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 ,federal ,government or ,state or local government charges for utility permits4 7#g7 ,additional requirements imposed by eligible entity ,nothing in this subsection shall be construed to prohibit an eligible entity from imposing additional requirements relating to the use of a subgrant awarded under subsection 7g77#a77;,a7 if the requirements do not conflict with this subsection1 including by-- 7,a7 increasing the minimum speed of broadband service that must be provided2 or 7,b7 imposing penalties on noncompliant subgrantees in addition to the penalty under paragraph 7#e74 7#h7 ,bankruptcy contingency ,an eligible entity that awards a subgrant to an entity under subsection 7g77#a77;,a7 for the deployment of a broadband network shall enter into an agreement with the subgrantee that requires the subgrantee1 in the case of bankruptcy1 to commit to repay the full amount of the subgrant before fulfilling any other financial obligations1 except for salaries1 compensation1 and severance payments for non-executive positions4 7#i7 ,standards ,an eligible entity may not award a subgrant to an entity under subsection 7g77#a77;,a7 for the deployment of a broadband network unless the eligible entity has confirmed that the subgrantee has the financial1 operational1 and technical capacity to meet the buildout obligations of the project4 7j7 ,reporting 7#a7 ,eligible entities 7,a7 ,initial report ,not later than #ahj days after receiving grant funds under this section1 for the sole purposes of providing transparency and providing information to inform future ,federal broadband planning1 an eligible entity shall submit to the ,assistant ,secretary a report describing-- 7i7 the planned use of funds2 7ii7 the process of subgranting2 and 7iii7 the establishment of appropriate mechanisms by the eligible entity to ensure compliance with the eligible uses prescribed under subsection 7g74 7,b7 ,semiannual report ,not later than #a year after receiving grant funds under this section1 and semiannually thereafter until the funds have been expended1 an eligible entity shall submit to the ,assistant ,secretary a report1 with respect to the #f-month period immediately preceding the report date1 that-- 7i7 describes how the eligible entity expended the funds2 and 7ii7 certifies that the eligible entity complied with the requirements of this section and with any additional reporting requirements prescribed by the ,assistant ,secretary1 including-- 7,i7 a description of each service provided with the grant funds2 and 7,,ii7 the number of locations at which broadband service was provided using the grant funds4 7,c7 ,final report ,not later than #a year after an eligible entity has expended all grant funds received under this section1 the eligible entity shall submit to the ,assistant ,secretary a report that-- 7i7 describes how the eligible entity expended the funds2 7ii7 includes each report that the eligible entity received from a subgrantee under paragraph 7#b72 and 7iii7 certifies that the eligible entity complied with the requirements of this section and with any additional reporting requirements prescribed by the ,assistant ,secretary1 including-- 7,i7 a description of each service provided with the grant funds2 and 7,,ii7 the number of locations at which1 and residents for whom1 broadband service was provided using the grant funds4 7,d7 ,provision to ,,fcc and ,,usda ,subject to the sole purposes described in subparagraph 7,a77i71 and subject to subsection 7l71 the ,assistant ,secretary shall enter into a memorandum of understanding with the ,commission and the ,department of ,agriculture under which the ,assistant ,secretary provides the final reports received under subparagraph 7,c7 to the ,commission and the ,department of ,agriculture to be used when determining whether to award funds for the deployment of broadband under any program administered by those agencies4 7#b7 ,subgrantees 7,a7 ,semiannual report ,the recipient of a subgrant from an eligible entity under this section shall submit to the eligible entity a semiannual report for the duration of the subgrant to track the effectiveness of the use of funds provided4 7,b7 ,contents ,each report submitted under subparagraph 7,a7 shall-- 7i7 describe each type of project carried out using the subgrant and the duration of the subgrant2 7ii7 in the case of a broadband infrastructure project-- 7,i7 include a list of addresses or locations that constitute the service area that will be served by the broadband infrastructure to be constructed2 7,,ii7 identify whether each address or location described in subclause 7,i7 is residential1 commercial1 or a community anchor institution2 7,,iii7 describe the types of facilities that have been constructed and installed2 7,,iv7 describe the peak and off-peak actual speeds of the broadband service being offered2 7,v7 describe the maximum advertised speed of the broadband service being offered2 7,,vi7 describe the non-promotional prices1 including any associated fees1 charged for different tiers of broadband service being offered2 7,,vii7 include any other data that would be required to comply with the data and mapping collection standards of the ,commission under section #a4gjjd of title #dg1 ,code of ,federal ,regulations1 or any successor regulation1 for broadband infrastructure projects2 and 7,,viii7 comply with any other reasonable reporting requirements determined by the eligible entity2 and 7iii7 certify that the information in the report is accurate4 7#c7 ,standardization and coordination ,the ,assistant ,secretary and the ,commission shall collaborate to-- 7,a7 standardize and coordinate reporting of locations at which broadband service was provided using grant funds received under this section in accordance with title ,,viii of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fda et seq472 and 7,b7 provide a standardized methodology to recipients of grants and subgrantees under this section for reporting the information described in subparagraph 7,a74 7k7 ,technical assistance to eligible entities ,upon request by an eligible entity1 the ,assistant ,secretary shall provide technical assistance to support identification of eligible areas1 submission of the initial proposal or final proposal1 competitive awarding of subgrants1 and oversight of subgrants under this section to ensure the efficient and effective use of funds4 7l7 ,relation to other public funding ,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 purpose of expanding access to broadband service may receive a subgrant under subsection 7g7 in accordance with this section2 and 7#b7 the receipt of a subgrant under subsection 7g7 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 that paragraph4 7m7 ,supplement not supplant ,grant funds awarded to an eligible entity under this section shall be used to supplement1 and not supplant1 the amounts that the eligible entity would otherwise make available for the purposes for which the grant funds may be used4 7n7 ,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 #d4 ,preemption of ,state and local restrictions on municipal broadband ,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 ,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 in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd72 and 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 #e4 ,report on future of ,universal ,service ,fund 7a7 ,definitions ,in this section-- 7#a7 the term ,commission means the ,federal ,communications ,commission2 and 7#b7 the term universal service goals for broadband means the statutorily mandated goals of universal service for advanced telecommunications capability under section #gjf of the ,telecommunications ,act of #aiif 7#dg ,u4,s4,c4 #acjb74 7b7 ,evaluation ,not later than #cj days after the date of enactment of this ,act1 the ,commission shall commence a proceeding to evaluate the implications of this ,act and the amendments made by this ,act on how the ,commission should achieve the universal service goals for broadband4 7c7 ,report 7#a7 ,in general ,not later than #bgj days after the date of enactment of this ,act1 the ,commission shall submit to ,congress a report on the options of the ,commission for improving its effectiveness in achieving the universal service goals for broadband in light of this ,act and the amendments made by this ,act1 and other legislation that addresses those goals4 7#b7 ,recommendations ,in the report submitted under paragraph 7#a71 the ,commission may make recommendations for ,congress on further actions the ,commission and ,congress could take to improve the ability of the ,commission to achieve the universal service goals for broadband4 7#c7 ,scope of universal service ,in submitting the report under paragraph 7#a71 the ,commission-- 7,a7 may not in any way reduce the congressional mandate to achieve the universal service goals for broadband2 and 7,b7 may provide recommendations for ,congress to expand the universal service goals for broadband1 if the ,commission believes such an expansion is in the public interest4