,,ii #aagth ,,congress #ast ,session ,s4 #dcf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bd1 #bjba,ms4 ,collins 7for herself and ,ms4 ,rosen7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to provide ,federal matching funding for ,state-level broadband programs4 #a4 ,short title ,this ,act may be cited as the ,american ,broadband ,buildout ,act of #bjba4 #b4 ,definitions ,in this ,act3 7#a7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 7#b7 ,broadband availability maps ,the term broadband availability maps means the maps created by the ,federal ,communications ,commission under section #hjb7;c77#a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fdb7;c77#a774 7#c7 ,broadband internet access service ,the term broadband internet access service-- 7,a7 means 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 service1 but excluding dial-up internet access service2 and 7,b7 includes any service that the ,commission finds to be providing a functional equivalent of the service described in subparagraph 7,a7 or that is used to evade the protections set forth in part #h of title #dg1 ,code of ,federal ,regulations1 or any successor thereto4 7#d7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#e7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state2 or 7,b7 an entity authorized by a ,state to spend funds for a purpose described in section #c or #d4 7#f7 ,last-mile infrastructure ,the term last-mile infrastructure means infrastructure the predominant purpose of which is to provide broadband internet access service to end users or end user devices1 including households1 businesses1 community anchor institutions1 public safety entities1 and critical community facilities4 7#g7 ,overbuilding 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term overbuilding means deploying broadband infrastructure in an area-- 7i7 that already has-- 7,i7 facilities capable of providing standard broadband service2 or 7,,ii7 broadband infrastructure that was built using funds from a ,federal or ,state program that were provided for the express purpose of deploying broadband infrastructure2 7ii7 where ,federal or ,state funding has already been committed for the deployment of facilities capable of providing standard broadband service1 even if such service is not yet available1 provided that the funding recipient is meeting any applicable buildout deadlines2 or 7iii7 with respect to which a broadband internet access service provider has already made enforceable commitments to a ,federal agency or ,state to deploy facilities capable of providing standard broadband service1 even if such service is not yet available1 provided that the broadband internet access service provider is meeting any applicable buildout deadlines4 7,b7 ,interconnect points ,the term overbuilding does not include deploying broadband infrastructure in an area described in subparagraph 7,a7 if the infrastructure is deployed for the purpose of reaching interconnect points of standard broadband service to meet the needs of broadband users in another area that is an unserved area4 7#h7 ,qualifying project ,the term qualifying project means a project-- 7,a7 to construct last-mile infrastructure that will provide broadband internet access service at a speed of not less than #ajj megabits per second for downloads and #aj megabits per second for uploads in an unserved area1 without engaging in overbuilding2 and 7,b7 that is funded by a public-private partnership in which-- 7i7 7,i7 the ,state in which the project is located provides a portion of the funds2 or 7,,ii7 the ,state in which the project is located and another entity1 which may be a political subdivision of the ,state in which the project is located1 together provide not less than #be percent of the funds2 and 7ii7 the private company or electric cooperative that will provide broadband internet access service to customers connected to the last-mile infrastructure provides not less than #be percent of the funds4 7#i7 ,standard broadband service ,the term standard broadband service means broadband internet access service with a speed of not less than-- 7,a7 #be megabits per second for downloads2 and 7,b7 #c megabits per second for uploads4 7#aj7 ,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#aa7 ,unserved area ,the term unserved area means a census block in which standard broadband service is not available to all households according to-- 7,a7 the broadband availability maps2 or 7,b7 if the maps described in subparagraph 7,a7 have not been completed at the time when the relevant grant is being awarded1 any existing broadband availability data of the ,commission1 as well as any relevant data from the ,national ,broadband ,availability ,map produced by the ,assistant ,secretary4 #c4 ,last-mile broadband infrastructure 7a7 ,grants 7#a7 ,in general ,the ,commission shall award grants to eligible entities for qualifying projects4 7#b7 ,advisory role of ,,ntia ,the ,commission shall carry out paragraph 7#a7 in consultation with the ,assistant ,secretary1 including by soliciting and taking into account the advice of the ,assistant ,secretary4 7b7 ,prioritization ,the ,commission shall give priority to qualifying projects in ,states in which1 according to the broadband availability maps-- 7#a7 less than #fh percent of households subscribe to fixed terrestrial broadband internet access service with a speed of not less than-- 7,a7 #aj megabits per second for downloads2 and 7,b7 #a megabit per second for uploads2 and 7#b7 less than #dj4e percent of households subscribe to fixed terrestrial standard broadband service4 7c7 ,high-,cost1 geographically challenged areas ,the ,commission shall ensure that not less than #ae percent of the amounts awarded under this section are used in unserved areas that are high-cost and geographically challenged1 as determined by the ,commission4 7d7 ,population-,based allocation 7#a7 ,in general ,in awarding grants under this section1 the ,commission shall allocate not less than #e1jjj1jjj1jjj among the ,states based on the proportion that the population of each ,state bears to the population of all ,states4 7#b7 ,excess funds ,if the amount allocated for a ,state under paragraph 7#a7 exceeds the allowable ,federal share of the costs of projects of the ,state 7or other eligible entity acting on behalf of the ,state7 that are eligible for funding under this section1 the ,commission shall withhold the excess amount1 which shall revert to the general fund of the ,treasury4 7#c7 ,failure to apply ,if an eligible entity does not apply for a grant under this section by the last day of fiscal year #bjbb1 the amount that would have been awarded to the eligible entity under paragraph 7#a7 shall revert to the general fund of the ,treasury4 #d4 ,public awareness campaigns2 digital literacy programs ,the ,commission shall award grants to eligible entities-- 7#a7 to carry out public awareness campaigns designed to highlight the value and benefits of broadband internet access service1 in order to increase the adoption of broadband internet access service2 and 7#b7 to support digital literacy programs in areas in which a qualifying project that receives funding under section #c is located4 #e4 ,federal share 7a7 ,in general ,the ,federal share of the cost of a project1 campaign1 or program that receives funding under this ,act shall be not more than #ej percent4 7b7 ,use of certain ,federal funds for non-,federal share 7#a7 ,in general ,a ,state may use any amounts described in paragraph 7#b7 for the non-,federal share of the cost of a project1 campaign1 or program that receives funding under this ,act4 7#b7 ,eligible amounts ,the amounts referred to in paragraph 7#a7 are amounts received from-- 7,a7 the ,secretary of ,housing and ,urban ,development under the community development block grant program under title ,i of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja et seq472 7,b7 the ,appalachian ,regional ,commission established under section #adcja7;a7 of title #dj1 ,united ,states ,code2 7,c7 the ,economic ,development ,administration of the ,department of ,commerce2 7,d7 any rural telehealth program of the ,commission2 or 7,e7 the ,northern ,border ,regional ,commission established under section #aecja7;a77#c7 of title #dj1 ,united ,states ,code4 #f4 ,technology neutrality required ,the ,commission shall award grants to eligible entities under this ,act in a manner that does not favor the use of any particular technology4 #g4 ,transparency and accountability 7a7 ,last-,mile broadband infrastructure grants ,for grants awarded under section #c1 the ,commission shall establish transparency and accountability rules under which-- 7#a7 after receiving an application for a grant to carry out a qualifying project in an area1 the ,commission shall determine whether the area is served or unserved using accurate and granular information regarding the availability of broadband internet access service at the sub-census block level2 7#b7 the ,commission shall-- 7,a7 permit a person or entity to challenge an initial determination of the ,commission under paragraph 7#a72 and 7,b7 provide a period of not less than #de days1 after the ,commission makes an initial determination under paragraph 7#a7 with respect to an area1 during which a provider of broadband internet access service may voluntarily submit information concerning the broadband internet access service that the provider offers in the area2 7#c7 the ,commission shall provide the public with notice of-- 7,a7 an initial determination with respect to an area under paragraph 7#a72 7,b7 the final determination of whether an area is served or unserved after the process for challenging the initial determination1 as described in paragraph 7#b71 has concluded2 7,c7 the entities that have applied for a grant2 and 7,d7 the results of any decision regarding a grant application1 including by identifying-- 7i7 each eligible entity that was awarded a grant2 7ii7 the areas that each grantee will serve using the grant funds2 7iii7 the nature of the service that each grantee will provide in each area described in clause 7ii72 and 7iv7 the amount that the ,commission has authorized each grantee to use to carry out a qualifying project in each unserved area2 and 7#d7 the ,commission shall establish-- 7,a7 broadband buildout milestones and periodic certifications that a grantee must submit to demonstrate compliance with the broadband buildout milestones2 7,b7 a maximum buildout timeframe of #e years from the date on which the ,commission first awards a grant to an eligible entity2 7,c7 requirements for grantees to submit to the ,commission and to the broadband office or other applicable authority of the ,state in which the grantee is carrying out the project periodic reports that identify-- 7i7 the nature of the service provided in each unserved area2 and 7ii7 the latitude and longitude coordinates of each location to which the grantee has provided broadband internet access service in each census block2 7,d7 penalties for noncompliance with-- 7i7 the broadband buildout milestones under subparagraph 7,a72 7ii7 the certification requirements under subparagraph 7,a72 and 7iii7 the reporting requirements under subparagraph 7,c72 7,e7 procedures through which the ,commission may recover grant funds1 in whole or in part1 from a grantee if the grantee defaults or does not comply with the requirements under this ,act2 and 7,f7 any additional methods or reporting necessary to reduce waste1 fraud1 and abuse within the grant program4 7b7 ,public awareness and digital literacy grants ,for grants awarded under section #d1 the ,commission shall establish transparency and accountability rules that-- 7#a7 require the ,commission to provide the public with notice of-- 7,a7 the entities that have applied for a grant2 and 7,b7 the results of any decision regarding a grant application1 including by-- 7i7 identifying each eligible entity that was awarded a grant2 7ii7 identifying the areas that each grantee will serve using the grant funds2 7iii7 providing a summary of the projects that each grantee will carry out in each area described in clause 7ii72 and 7iv7 the amount that the ,commission has authorized a grantee to use to carry out a public awareness campaign or support digital literacy programs in each area described in clause 7ii72 and 7#b7 establish-- 7,a7 project milestones and periodic certifications that a grantee must submit to demonstrate compliance with the project milestones2 7,b7 a maximum project completion timeframe of #e years from the date on which the ,commission first awards a grant to an eligible entity2 7,c7 periodic reporting requirements for grantees to demonstrate progress in meeting the project milestones under subparagraph 7,a72 7,d7 penalties for noncompliance with-- 7i7 the project milestones under subparagraph 7,a72 7ii7 the certification requirements under subparagraph 7,a72 and 7iii7 the reporting requirements under subparagraph 7,c72 7,e7 procedures through which the ,commission may recover grant funds1 in whole or in part1 from a grantee if the grantee defaults or does not comply with the requirements under this ,act2 and 7,f7 any additional methods or reporting necessary to reduce waste1 fraud1 and abuse within the grant program4 #h4 ,authorization of appropriations ,there are authorized to be appropriated to the ,commission to carry out this ,act for fiscal year #bjba1 #ae1jjj1jjj1jjj1 to remain available until expended4