,,ii #aagth ,,congress #ast ,session ,s4 #biaa ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #cj1 #bjba,mr4 ,cornyn 7for himself1 ,mr4 ,manchin1 ,ms4 ,collins1 and ,ms4 ,rosen7 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 ,american ,broadband ,buildout to ,eliminate ,america's ,digital ,divide ,act of #bjba4 #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 cooperative71 that-- 7,a7 provides broadband service2 and 7,b7 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#a77;,c7 that the entity would offer if the entity were to receive funding under this section4 7#d7 ,eligible household ,the term eligible household has the meaning given the term in section #ijd7;a7 of title ,,ix of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj74 7#e7 ,high cost area ,the term high cost area means an unserved 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 population density of the area2 7,c7 the unique topography of the area2 7,d7 a high number of eligible households in the area2 or 7,e7 any other factor that contributes to the cost of building out that service4 7#f7 ,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#g7 ,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#h7 ,unserved area ,the term unserved area means an area-- 7,a7 that is of a standard size1 as established by the ,commission2 and 7,b7 as determined in accordance with the maps created under section #hjb7;c77#a71 not less than #hj percent of which-- 7i7 has no access to broadband service2 or 7ii7 does not have access to reliable broadband service offered with a download speed of at least #be megabits per second and 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 or the date on which the maps created under section #hjb7;c77#a7 are made public1 whichever is later1 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 7#c7 ,technical support and assistance ,as part of the program established under paragraph 7#a71 the ,commission1 in collaboration with the ,assistant ,secretary of ,commerce for ,communications and ,information1 shall provide technical support and assistance to ,states to facilitate the establishment of programs under subsection 7c74 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-- 7,a7 the use of any particular technology2 or 7,b7 any particular eligible entity or class of eligible entities2 7#c7 encourages all eligible entities1 including small broadband providers1 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 area proposed to be served by each project carried out using the funds2 7,b7 the speed of the broadband service provided by eligible entities seeking funding for projects under the program2 and 7,c7 the ability of the eligible entities that would receive funding for projects under the program to complete the proposed deployment and provision of broadband service under those projects in the areas served by the projects2 7#e7 may take into account-- 7,a7 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 projects1 which may include a review of the topographical effects on the areas being served by those projects as a result of the technology to be deployed under those projects2 and 7,b7 whether an eligible entity seeking funding for a project under the program has the ability or intention to leverage nearby or adjacent broadband service infrastructure to facilitate the deployment and provision of broadband service proposed under that project2 7#f7 establishes-- 7,a7 the size and proportion of the matching funds to be committed by an eligible entity seeking funding for a project under the program1 which-- 7i7 may not be provided from any funds derived from government grants1 loans1 or subsidies2 and 7ii7 may not be less than #be percent of the amount provided by the ,state to the eligible entity with respect to the project1 except that the ,state may reduce that threshold1 or waive the matching fund requirement under this subparagraph1 if-- 7,i7 the area proposed to be served by the project is a high cost area2 7,,ii7 the applicable eligible entity or the ,state can establish that the reduction or waiver1 as applicable1 is necessary to ensure the deployment of broadband in the area proposed to be served by the project2 and 7,,iii7 the ,state gives a preference for other applications submitted by that eligible entity in which the eligible entity does not seek such a reduction or waiver2 7,b7 periodic buildout milestones1 reporting requirements1 and certification by broadband funding partners2 and 7,c7 a maximum buildout timeframe for a broadband funding partner of #d 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 parties1 including governmental entities1 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;,c72 7#i7 establishes procedures for expedited approval for all necessary access to 7or construction of7 poles1 dark or lit fiber1 communications towers1 ,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 #bbd and the rules of the ,commission 7unless application of the rules of the ,commission would result in higher costs for the applicable item71 without regard to whether that section otherwise applies with respect to those items2 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 ,federal law2 and 7#ac7 maximizes the number of unserved locations proposed to be served by each project carried out using the funds4 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 or the date on which the maps created under section #hjb7;c77#a7 are made public1 whichever is later1 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 locations in unserved areas in the ,state by the total number of locations 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 area1 except that such a project may deploy infrastructure that traverses a served area in order to provide broadband service to an unserved area2 or 7ii7 use more than #e percent of those funds to administer the program established by the ,state under subsection 7c72 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 is the subject of an enforceable commitment by a broadband service provider to provide broadband service to the area with minimum speed commitments described in subclause 7,,iii71 even if1 in any such area1 the broadband service is not yet available1 provided that the broadband service provider is meeting any applicable build-out deadlines1 including with respect to an award disbursed under-- 7,i7 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 subpart ,d of part #ed of title #dg1 ,code of ,federal ,regulations1 or any successor regulations2 7,,iii7 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 or 7,,iv7 any existing program established by the ,state with minimum speed commitments described in subclause 7,,iii72 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 7i71 as updated under clause 7ii71 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 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 report2 and 7viii7 match not less than #be percent of the amount of those funds1 as confirmed by the ,commission in a manner determined by the ,commission2 and 7,c7 to satisfy the requirement under subparagraph 7,b77viii71 may use any manner of implementation that the ,state determines appropriate1 including by using funds-- 7i7 the source of which is a local government in the ,state2 or 7ii7 7,i7 that were provided to the ,state under-- 7aa7 the ,families ,first ,coronavirus ,response ,act 7,public ,law #aaf-abg2 #acd ,stat4 #agh72 7bb7 the ,,cares ,act 7,public ,law #aaf-acf2 #acd ,stat4 #bha72 7cc7 the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj2 #acd ,stat4 #aahb72 7dd7 the ,american ,rescue ,plan ,act of #bjba 7,public ,law #aag-b2 #ace ,stat4 #d72 or 7ee7 any amendment made by an ,act described in any of items 7aa7 through 7dd72 and 7,,ii7 the purpose of which1 as described in the applicable provision of law described in subclause 7,i71 is for the deployment of broadband service4 7f7 ,project requirements ,with respect to a project funded through the program established under subsection 7b7-- 7#a7 the project 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 7,b7 provide reliable broadband service at a speed of not less than #ajj megabits per second for downloads and #bj megabits per second for uploads2 and 7,c7 offer a low-cost broadband service option for low-income subscribers1 as defined by the ,commission1 with the price and eligibility for the service option determined by the applicable broadband funding partner2 and 7#b7 the applicable broadband funding partner1 in collaboration with the applicable ,state1 shall carry out public awareness campaigns in service areas that are designed to highlight the value and benefits of broadband service in order to increase the adoption of broadband service by consumers4 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 dark or lit fiber1 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 dark or lit fiber1 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#a77;,c7 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 website1 after make public2 and 7ii7 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 ,american ,broadband ,buildout to ,eliminate ,america's ,digital ,divide ,act of #bjba1 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 #dj1jjj1jjj1jjj for fiscal year #bjba to carry out section #ad of the ,communications ,act of #aicd1 as added by subsection 7a77#a71 which shall remain available through fiscal year #bjcj4