,,ii #aagth ,,congress #ast ,session ,s4 #bdgc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bf1 #bjba,ms4 ,rosen 7for herself and ,mr4 ,king7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to provide grants for the construction1 improvement1 and acquisition of middle mile infrastructure4 #a4 ,short title ,this ,act may be cited as the ,middle ,mile ,broadband ,deployment ,act4 #b4 ,enabling middle mile broadband infrastructure 7a7 ,definitions ,in this section3 7#a7 ,anchor institution ,the term anchor institution means a school1 library1 medical or healthcare provider1 community college or other institution of higher education1 or other community support organization or entity4 7#b7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 7#c7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#d7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state1 political subdivision of a ,state1 ,tribal government1 technology company1 electric utility1 utility cooperative1 public utility district1 telecommunications company1 telecommunications cooperative1 nonprofit foundation1 nonprofit corporation1 nonprofit institution1 nonprofit association1 regional planning counsel1 ,native entity1 or economic development authority2 or 7,b7 a partnership of #b or more entities described in subparagraph 7,a74 7#e7 ,,fcc fixed broadband map ,the term ,,fcc fixed broadband map means the map created by the ,commission under section #hjb7;c77#a77;,b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fdb7;c77#a77;,b774 7#f7 ,indian ,tribe ,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 #ecjd74 7#g7 ,interconnect ,the term interconnect means the physical linking of #b networks for the mutual exchange of traffic on non-discriminatory terms and conditions4 7#h7 ,internet exchange facility ,the term internet exchange facility means physical infrastructure through which internet service providers and content delivery networks exchange internet traffic between their networks4 7#i7 ,middle mile infrastructure ,the term middle mile infrastructure-- 7,a7 means any broadband infrastructure that does not connect directly to an end-user location1 including an anchor institution2 and 7,b7 includes-- 7i7 leased dark fiber1 interoffice transport1 backhaul1 internet exchange facilities1 carrier-neutral submarine cable landing stations1 undersea cables1 transport connectivity to data centers1 special access transport1 and other similar services2 and 7ii7 wired or private wireless broadband infrastructure1 including microwave capacity1 radio tower access1 and other services or infrastructure for a private wireless broadband network1 such as towers1 fiber1 and microwave links4 7#aj7 ,middle mile grant ,the term middle mile grant means a grant awarded under subsection 7c74 7#aa7 ,native entity ,the term ,native entity means-- 7,a7 an ,indian ,tribe2 7,b7 an ,alaska ,native ,corporation2 7,c7 a ,native ,hawaiian organization 7as defined in section #fbjg of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #geag772 7,d7 the ,department of ,hawaiian ,home ,lands2 and 7,e7 the ,office of ,hawaiian ,affairs4 7#ab7 ,state ,the term ,state has the meaning given the term in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec74 7#ac7 ,submarine cable landing station ,the term submarine cable landing station means a cable landing station1 as that term is used in section #a4gfg7;a77#e7 of title #dg1 ,code of ,federal ,regulations 7or any successor regulation71 that can be utilized to land a submarine cable by an entity that has obtained a license under the first section of the ,act entitled ,an ,act relating to the landing and operation of submarine cables in the ,united ,states1 approved ,may #bg1 #aiba 7#dg ,u4,s4,c4 #cd7 7commonly known as the ,cable ,landing ,licensing ,act74 7#ad7 ,tribal government ,the term ,tribal government means the recognized governing body of any ,indian or ,alaska ,native tribe1 band1 nation1 pueblo1 village1 community1 component band1 or component reservation1 individually identified 7including parenthetically7 in the list published most recently as of the date of enactment of this ,act pursuant to section #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca74 7#ae7 ,trust land ,the term trust land has the meaning given the term in section #cgfe of title #ch1 ,united ,states ,code4 7#af7 ,underserved ,the term underserved1 with respect to an area1 means an area-- 7,a7 that is designated as a ,tribally underserved area through the process described in subsection 7g72 or 7,b7 that-- 7i7 is of a standard size not larger than a census block1 as established by the ,commission2 7ii7 is not an unserved area2 and 7iii7 as determined in accordance with the ,,fcc fixed broadband map1 does not have access to broadband service with-- 7,i7 except as provided in subclause 7,,ii7-- 7aa7 a download speed of not less than #ajj megabits per second2 and 7bb7 an upload speed of not less than #bj megabits per second2 or 7,,ii7 minimum download and upload speeds established as benchmarks by the ,commission for purposes of this ,act after the date of enactment of this ,act1 if those minimum speeds are higher than the minimum speeds required under subclause 7,i74 7#ag7 ,unserved ,the term unserved1 with respect to an area1 means an area-- 7,a7 that is designated as a ,tribally underserved area through the process described in subsection 7g72 or 7,b7 that-- 7i7 is of a standard size not larger than a census block1 as established by the ,commission2 and 7ii7 as determined in accordance with the ,,fcc fixed broadband map1 does not have access to broadband service-- 7,i7 except as provided in subclause 7,,ii7-- 7aa7 a download speed of not less than #be megabits per second2 and 7bb7 an upload speed of not less than #c megabits per second2 or 7,,ii7 minimum download and upload speeds established as benchmarks by the ,commission for purposes of this ,act after the date of enactment of this ,act1 if those minimum speeds are higher than the minimum speeds required under subclause 7,i74 7b7 ,purpose2 sense of ,congress 7#a7 ,purpose ,the purposes of this section are-- 7,a7 to encourage the expansion and extension of middle mile infrastructure to reduce the cost of connecting unserved and underserved areas to the backbone of the internet 7commonly referred to as the last mile72 and 7,b7 to promote broadband connection resiliency through the creation of alternative network connection paths that can be designed to prevent single points of failure on a broadband network4 7#b7 ,sense of ,congress ,it is the sense of ,congress that-- 7,a7 in awarding middle mile grants1 the ,assistant ,secretary should give priority to-- 7i7 projects that leverage existing rights-of-way1 assets1 and infrastructure to minimize financial1 regulatory1 and permitting challenges2 7ii7 projects in which the eligible entity designs the route of the middle mile infrastructure to enable the connection of unserved anchor institutions1 including ,tribal anchor institutions2 and 7iii7 projects that-- 7,i7 improve the redundancy and resiliency of existing middle mile infrastructure1 including those projects that facilitate interconnection with existing infrastructure1 including add_/drop capabilities at existing amplification sites and the ability to add splice cases with adequate fiber slack to build laterals that support future carrier-neutral interconnection facilities and connections to anchor institutions2 and 7,,ii7 reduce regulatory and permitting barriers to promote the construction of new middle mile infrastructure2 and 7,b7 a regulated utility should use funds received from a middle mile grant as a supplement to the core utility capital investment plan of the regulated utility to-- 7i7 facilitate increased broadband resiliency or redundancy of existing middle mile infrastructure2 or 7ii7 provide connectivity to unserved areas and underserved areas within the service territory of the utility and nearby communities4 7c7 ,middle mile grants ,the ,assistant ,secretary shall establish a program under which the ,assistant ,secretary makes grants on a technology-neutral1 competitive basis to eligible entities for the construction1 improvement1 or acquisition of middle mile infrastructure4 7d7 ,applications for grants 7#a7 ,in general ,the ,assistant ,secretary shall establish an application process for middle mile grants in accordance with this subsection4 7#b7 ,evaluation of applications ,in establishing an application process for middle mile grants under paragraph 7#a71 the ,assistant ,secretary shall give priority to an application from an eligible entity that satisfies #b or more of the following conditions3 7,a7 ,the eligible entity adopts fiscally sustainable middle mile strategies4 7,b7 ,the eligible entity commits to offering non-discriminatory interconnect to terrestrial and wireless last mile broadband providers and any other party making a bona fide request4 7,c7 ,the eligible entity identifies specific terrestrial and wireless last mile broadband providers that have-- 7i7 expressed written interest in interconnecting with middle mile infrastructure planned to be deployed by the eligible entity2 and 7ii7 demonstrated sustainable business plans or adequate funding sources with respect to the interconnect described in clause 7i74 7,d7 ,the eligible entity has identified supplemental investments or in-kind support 7such as waived franchise or permitting fees7 that will accelerate the completion of the planned project4 7,e7 ,the eligible entity has demonstrated that the middle mile infrastructure will benefit national security interests of the ,united ,states and the ,department of ,defense4 7#c7 ,grant application competence ,the ,assistant ,secretary shall include in the application process established under paragraph 7#a7 a requirement that an eligible entity provide evidence that the eligible entity is capable of carrying out a proposed project in a competent manner1 including by demonstrating that the eligible entity has the financial1 technical1 and operational capability to carry out the proposed project and operate the resulting middle mile broadband network4 7e7 ,eligibility 7#a7 ,prioritization ,to be eligible to obtain a middle mile grant1 an eligible entity shall agree1 in the application submitted through the process established under subsection 7d71 to prioritize-- 7,a7 connecting middle mile infrastructure to last mile networks that provide or plan to provide broadband service to households in unserved areas2 7,b7 connecting non-contiguous trust lands2 or 7,c7 the offering of wholesale broadband service at reasonable rates on a carrier-neutral basis4 7#b7 ,buildout timeline ,subject to paragraph 7#e71 to be eligible to obtain a middle mile grant1 an eligible entity shall agree1 in the application submitted through the process established under subsection 7d71 to complete buildout of the middle mile infrastructure described in the application by not later than #e years after the date on which amounts from the grant are made available to the eligible entity4 7#c7 ,project eligibility requirements 7,a7 ,capability to support retail broadband service ,a project shall be eligible for a middle mile grant if1 at the time of the application1 the ,assistant ,secretary determines that the proposed middle mile broadband network-- 7i7 will be capable of supporting retail broadband service that meets speed1 latency1 reliability1 consistency in quality of service1 and related criteria1 as the ,assistant ,secretary shall determine2 and 7ii7 will be able to easily scale speeds over time to-- 7,i7 meet the evolving connectivity needs of households1 businesses1 and anchor institutions2 and 7,,ii7 support the deployment of #e;,g1 successor wireless technologies1 and other advanced services4 7,b7 ,mapping data 7i7 ,use of most recent data ,in mapping out gaps in broadband coverage1 an eligible entity that uses a middle mile grant to build out terrestrial or fixed wireless middle mile infrastructure shall use the most recent broadband mapping data available from one of the following sources3 7,i7 ,the ,,fcc fixed broadband map4 7,,ii7 ,the ,state in which the area that will be served by the middle mile infrastructure is located1 or the ,tribal government with jurisdiction over the area that will be served by the middle mile infrastructure 7if applicable74 7,,iii7 ,speed and usage surveys of existing broadband service that-- 7aa7 demonstrate that more than #be percent of the respondents display a broadband service speed that is slower than the speeds required for an area to qualify as unserved2 and 7bb7 are conducted by-- 7,,aa7 the eligible entity2 7,,bb7 the ,state in which the area that will be served by the middle mile infrastructure is located2 or 7,,cc7 the ,tribal government with jurisdiction over the area that will be served by the middle mile infrastructure 7if applicable74 7ii7 ,sharing facility locations 7,i7 ,definition ,in this clause1 the term covered recipient1 with respect to an eligible entity1 means-- 7aa7 the ,assistant ,secretary2 7bb7 the ,commission2 7cc7 the ,tribal government with jurisdiction over the area that will be served by the middle mile infrastructure 7if applicable72 and 7dd7 the ,state broadband office for the ,state in which the area that will be served by the middle mile infrastructure is located4 7,,ii7 ,provision of information ,subject to subclauses 7,,iii7 and 7,,iv71 an eligible entity that constructs1 improves1 or acquires middle mile infrastructure using a middle mile grant shall share with each covered recipient the location of all the middle mile broadband infrastructure4 7,,iii7 ,format ,an eligible entity shall provide the information required under subclause 7,,ii7 to each covered recipient in a uniform format determined by the ,assistant ,secretary4 7,,iv7 ,protection of information 7aa7 ,in general ,the information provided by an eligible entity under subclause 7,,ii7 may only be used for purposes of carrying out the grant program under subsection 7c7 and any reporting related thereto4 7bb7 ,legal defenses 7,,aa7 ,in general ,a covered recipient may not receive information under subclause 7,,ii7 unless the covered recipient agrees in writing to assert all available legal defenses to the disclosure of the information if a person or entity seeks disclosure from the covered recipient under any ,federal1 ,state1 or local public disclosure law4 7,,bb7 ,rule of construction ,nothing in subitem 7,,aa7 is intended to be or shall be construed as a waiver of ,tribal sovereign immunity4 7,c7 ,connection to anchor institutions ,to the extent feasible1 an eligible entity that receives a middle mile grant to build middle mile infrastructure using fiber optic technology shall-- 7i7 ensure that the proposed middle mile broadband network will be capable of providing broadband to an anchor institution at a speed of not less than-- 7,i7 #a gigabit per second for downloads2 and 7,,ii7 #a gigabit per second for uploads to an anchor institution2 and 7ii7 include direct interconnect facilities that will facilitate the provision of broadband service to anchor institutions located within #a1jjj feet of the middle mile infrastructure4 7,d7 ,interconnection and nondiscrimination 7i7 ,in general ,an eligible entity that receives a middle mile grant to build a middle mile project using fiber optic technology shall offer interconnection in perpetuity1 where technically feasible without exceeding current or reasonably anticipated capacity limitations1 on reasonable rates and terms to be negotiated with requesting parties4 7ii7 ,nature of interconnection ,the interconnection required to be offered under clause 7i7 includes both the ability to connect to the public internet and physical interconnection for the exchange of traffic4 7iii7 ,inclusion in application ,an applicant for a middle mile grant shall disclose the applicant's proposed interconnection1 nondiscrimination1 and network management practices in the application submitted through the process established under subsection 7d74 7#d7 ,accountability ,the ,assistant ,secretary shall-- 7,a7 establish sufficient transparency1 accountability1 reporting1 and oversight measures for the grant program established under subsection 7c7 to deter waste1 fraud1 and abuse of program funds2 and 7,b7 establish-- 7i7 buildout requirements for each eligible entity that receives a middle mile grant1 which shall require the completion of a certain percentage of project miles by a certain date2 and 7ii7 penalties1 which may include rescission of funds1 for grantees that do not meet requirements described in clause 7i7 or the deadline under paragraph 7#b74 7#e7 ,extensions 7,a7 ,in general ,at the request of an eligible entity1 the ,assistant ,secretary may extend the buildout deadline under paragraph 7#b7 by not more than #a year if the eligible entity certifies that-- 7i7 the eligible entity has a plan for use of the middle mile grant2 7ii7 the project to build out middle mile infrastructure is underway2 or 7iii7 extenuating circumstances require an extension of time to allow completion of the project to build out middle mile infrastructure4 7,b7 ,effect on interim buildout requirements ,if the ,assistant ,secretary grants an extension under subparagraph 7,a71 the ,assistant ,secretary shall modify any buildout requirements established under paragraph 7#d77;,b77i7 as necessary4 7f7 ,federal share ,the amount of a middle mile grant awarded to an eligible entity may not exceed #gj percent of the total project cost4 7g7 ,special rules for ,tribal governments 7#a7 ,waivers2 alternative requirements ,the ,assistant ,secretary1 in consultation with ,tribal governments and ,native entities1 may waive1 or specify alternative requirements for1 any provision of subsections 7c7 through 7f7 if the ,assistant ,secretary finds that the waiver or alternative requirement is necessary-- 7,a7 for the effective delivery and administration of middle mile grants to ,tribal governments2 or 7,b7 the construction1 improvement1 or acquisition of middle mile infrastructure on trust land4 7#b7 ,tribally unserved areas2 ,tribally underserved areas ,the ,assistant ,secretary1 in consultation with ,tribal governments and ,native entities1 shall develop a process for designating ,tribally unserved areas and ,tribally underserved areas for purposes of this section4 7h7 ,maintenance of standards ,section #fjb of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cbab7 shall apply to any entity that receives assistance1 whether directly or indirectly1 under any program-- 7#a7 that pertains to deploying broadband service2 and 7#b7 for which the ,assistant ,secretary has administrative responsibility as provided by law or by delegation of authority pursuant to law4 7i7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #b1jjj1jjj1jjj for fiscal years #bjbb through #bjbf4