,,ii #aagth ,,congress #b;d ,session ,s4 #dgfc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #c1 #bjbb,ms4 ,cantwell 7for herself and ,mrs4 ,capito7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to support the construction of middle mile broadband infrastructure and enhance the electric grid4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,grants to ,rapidly ,invest and ,deploy ,broadband ,act of #bjbb or the ,,grid ,broadband ,act of #bjbb4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,purposes4,sec4 #c4 ,definitions4,sec4 #d4 ,,grid broadband grants4,sec4 #e4 ,grant requirements4,sec4 #f4 ,project eligibility requirements4,sec4 #g4 ,prohibition on use for covered communications equipment or services4,sec4 #h4 ,grantee reporting requirements4,sec4 #i4 ,,ntia reporting requirements4,sec4 #aj4 ,technical support and assistance4,sec4 #aa4 ,staffing4 #b4 ,purposes ,the purposes of this ,act are to-- 7#a7 provide resilient and redundant middle mile fiber optic infrastructure to provide more opportunity for last mile providers to connect to unserved locations and underserved locations in rural and remote areas and urban areas with high-quality1 high-speed broadband2 7#b7 enhance the resilience1 reliability1 and security of the electric grid in order to guarantee delivery of power to critical facilities and electricity-dependent essential services and reduce restoration time following power disturbances2 7#c7 permanently reduce the cost of high-speed broadband across the ,united ,states1 including for low-income households and small businesses2 7#d7 expand interconnections and the communications capacity of the electric grid of the ,united ,states to facilitate deployment of more diverse and distributed generation resources and smart-grid technologies2 7#e7 provide rural and remote areas and urban areas with new economic growth opportunities and ensure equal access to education1 healthcare1 telework1 and e-commerce opportunities2 and 7#f7 leverage assets such as tower facilities1 buildings1 land1 and rights-of-way to lower broadband buildout costs to encourage private-sector companies to expand affordable telecommunication offerings4 #c4 ,definitions ,in this ,act3 7#a7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 7#b7 ,broadband2 broadband service ,the term broadband or broadband service has the meaning given the term broadband internet access service in section #h4a1 title #dg1 ,code of ,federal ,regulations1 or any successor regulation4 7#c7 ,eligible entity ,the term eligible entity means-- 7,a7 an electric grid operator2 7,b7 a transmission owner or operator2 7,c7 a ,transmission ,organization 7as defined in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif772 7,d7 a ,federal power marketing administration2 7,e7 an electric utility owned or operated by a ,native entity2 and 7,f7 a rural or municipal utility4 7#d7 ,,grid broadband grant ,the term ,,grid broadband grant means a grant awarded under section #d4 7#e7 ,interconnection ,the term interconnection means-- 7,a7 the physical linking of #b or more broadband networks for the mutual exchange of traffic on terms and conditions that1 where technically feasible without exceeding current 7as of the time of receipt of a ,,grid broadband grant7 or reasonably anticipated capacity limitations1 are technology-neutral and non-discriminatory2 and 7,b7 the offering of wholesale broadband service at reasonable rates on a carrier-neutral basis4 7#f7 ,last mile broadband infrastructure ,the term last mile broadband infrastructure means broadband infrastructure that-- 7,a7 connects directly to an end-user location2 and 7,b7 is capable of delivering-- 7i7 a speed of not less than #ajj megabits per second for downloads2 7ii7 a speed of not less than #bj megabits per second for uploads2 and 7iii7 latency less than or equal to #ajj milliseconds4 7#g7 ,last mile provider ,the term last mile provider means an entity connecting middle mile infrastructure to last mile networks in order to provide retail broadband service1 including-- 7,a7 an internet service provider2 7,b7 a telecommunications cooperative or other cooperative2 7,c7 a regional planning council2 7,d7 a not-for-profit foundation1 corporation1 institution1 or association2 7,e7 a public power utility or a rural electric cooperative2 7,f7 a ,native entity2 and 7,g7 a municipality1 ,tribal government1 or other local government4 7#h7 ,low-income household ,the term low-income household means a household whose income is not greater than #bjj percent of the ,federal ,poverty ,guidelines for a household of that size4 7#i7 ,middle mile infrastructure ,the term middle mile infrastructure-- 7,a7 means any fiber optic broadband infrastructure that does not connect directly to an end-user location or a retail customer2 and 7,b7 includes leased dark fiber1 interoffice transport1 backhaul1 carrier-neutral internet exchange facilities1 carrier-neutral submarine cable landing stations1 undersea cables1 transport connectivity to data centers1 special access transport1 and other similar services4 7#aj7 ,native entity ,the term ,native entity has the meaning given the term in section #fjdja of the ,infrastructure ,investment and ,jobs ,act 7#dg ,u4,s4,c4 #agda74 7#aa7 ,program ,the term ,program means the ,,grid ,broadband ,facilitation ,program established under section #d4 7#ab7 ,rural and remote area ,the term rural and remote area means a political subdivision of a ,state or an unincorporated area that has a population of not more than #aj1jjj inhabitants4 7#ac7 ,rural or municipal utility ,the term rural or municipal utility means-- 7,a7 a rural electric cooperative2 7,b7 a utility owned by a political subdivision of a ,state1 such as a municipally owned electricity utility2 7,c7 a utility owned by any agency1 authority1 corporation1 or instrumentality of #a or more political subdivisions of a ,state2 7,d7 a not-for-profit entity that is in a partnership with not fewer than #f entities described in subparagraph 7,a71 7,b71 or 7,c72 7,e7 a utility owned by a ,native entity2 and 7,f7 an investor-owned electric utility that sells less than #d1jjj1jjj megawatt hours of electricity per year4 7#ad7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#ae7 ,underserved location ,the term underserved location means a broadband-serviceable location that-- 7,a7 is not an unserved location2 and 7,b7 lacks access to broadband service offered with-- 7i7 a speed of not less than-- 7,i7 #ajj megabits per second for downloads2 and 7,,ii7 #bj megabits per second for uploads2 and 7ii7 a latency and jitter sufficient to support real-time1 interactive applications4 7#af7 ,unserved location ,the term unserved location means a broadband-serviceable location that-- 7,a7 has no access to broadband service2 or 7,b7 lacks access to broadband service offered with-- 7i7 a speed of not less than-- 7,i7 #be megabits per second for downloads2 and 7,,ii7 #c megabits per second for uploads2 and 7ii7 a latency and jitter sufficient to support real-time1 interactive applications4 7#ag7 ,urban area ,the term urban area has the meaning given the term by the ,bureau of the ,census in the notice of final program criteria entitled ,urban ,area ,criteria for the #bjbj ,census-,final ,criteria1 published in the ,federal ,register on ,march #bd1 #bjbb 7#hg ,fed4 ,reg4 #afgjf71 or any successor to that notice4 #d4 ,,grid broadband grants 7a7 ,in general ,the ,assistant ,secretary shall establish a program1 in consultation with the ,secretary1 and subject to subsection 7c71 to be known as the ,,grid ,broadband ,facilitation ,program1 under which the ,assistant ,secretary makes grants to eligible entities to facilitate-- 7#a7 the construction of fiber optic communications infrastructure with sufficient capacity to serve as middle mile infrastructure2 7#b7 the enhancement or expansion of existing 7as of the date of the grant award7 fiber optics communications infrastructure for the purpose of serving as middle mile infrastructure2 7#c7 the use of lit or dark fiber to increase broadband capability or capacity2 or 7#d7 the acquisition or installation of the equipment and other resources necessary for interconnection of middle mile infrastructure with last mile broadband infrastructure to allow for the exchange of internet traffic between networks4 7b7 ,applications for grants 7#a7 ,in general ,the ,assistant ,secretary shall establish an application process for ,,grid broadband grants4 7#b7 ,selection priority ,in selecting projects for which to provide ,,grid broadband grants1 the ,assistant ,secretary shall give priority to projects that meet criteria described in paragraph 7#c74 7#c7 ,priority criteria ,the criteria described in this paragraph are that a project-- 7,a7 leverages existing 7as of the date of the grant award7 rights-of-way1 easements1 assets1 and infrastructure to minimize financial1 regulatory1 and permitting barriers2 7,b7 is located in a ,state or political subdivision of a ,state1 or within a ,tribal jurisdiction1 that allows rights-of-way1 easements1 and cost recovery for constructing and operating middle mile infrastructure by eligible entities2 7,c7 is used to connect or construct middle mile infrastructure on trust land 7as defined in section #cgfe of title #ch1 ,united ,states ,code7 that is owned by1 or held in trust for the benefit of1 as applicable1 a ,native entity2 7,d7 aligns with broadband access goals established by ,states1 ,tribal governments1 and localities2 7,e7 is most likely to expeditiously provide affordable broadband service to areas with unserved locations and underserved locations2 7,f7 is most likely to expeditiously provide affordable broadband service to urban areas that have a demonstrated lack of internet usage and access2 7,g7 has partnerships with last mile providers who commit to provide broadband through their last mile infrastructure that-- 7i7 meets the threshold speeds and capabilities for broadband to no longer declare a location an unserved location or underserved location2 and 7ii7 ensures that the networks built by the project are easily scalable to-- 7,i7 meet the evolving connectivity needs of households and businesses2 and 7,,ii7 support the deployment of #e;,g1 successor wireless technologies1 and other advanced services2 7,h7 helps provide affordable gigabit upload and download speeds to community institutions such as a school1 library1 medical or healthcare provider1 community college or other institution of higher education1 or other community support organization or entity2 7,i7 contributes to broadband resilience and minimizes the occurrence and duration of outages through the creation of alternative network connection paths designed to prevent single points of failure on a broadband network2 7,j7 would accelerate the rate and scope of deployment of #e;,g infrastructure1 successor wireless technologies1 and other advanced services2 7,k7 reduces the natural and man-made threats to the telecommunication and electricity networks of the ,united ,states that are identified in the ,north ,american ,energy ,resilience ,model1 as determined in consultation with the ,secretary2 7,l7 supports the security of the electric grid by installing a private1 closed-loop communications network for grid operators2 7,m7 helps provide monitoring of threats to the electric grid1 including with respect to purposeful physical attacks1 extreme weather impacts1 and wildfire detection2 7,n7 demonstrates the ability to improve critical services to communities such as healthcare1 communications for first responders1 fire1 and safety management1 and seismic early warning systems2 7,o7 enhances the ability to sense and monitor power characteristics in near-real time in order to-- 7i7 optimize electric grid operations2 and 7ii7 manage the integration of more distributed resources and intermittent renewable power sources2 or 7,p7 will provide significant non-,federal matching funds or other monetary or in-kind consideration4 7c7 ,implementation timeline ,not later than #ahj days after the date of enactment of this ,act1 the ,assistant ,secretary shall-- 7#a7 issue a notice inviting eligible entities to submit applications for ,,grid broadband grants1 which shall contain details about how awarding decisions will be made2 and 7#b7 outline-- 7,a7 the requirements for applications for ,,grid broadband grants2 and 7,b7 the allowed uses of ,,grid broadband grant funds4 7d7 ,interconnection and oversight 7#a7 ,interconnection 7,a7 ,in general ,an eligible entity that receives a ,,grid broadband grant shall offer1 for the life of the project1 interconnection directly1 or indirectly through another entity-- 7i7 to any last mile provider making a bona fide request for available capacity pursuant to a sustainable business plan that meets #a or more of the priority criteria described in subsection 7b77#c72 and 7ii7 on reasonable rates and terms to be negotiated with requesting parties4 7,b7 ,nature of interconnection ,the interconnection required to be offered under subparagraph 7,a7 includes-- 7i7 the ability to connect to the public internet2 and 7ii7 physical interconnection for the exchange of traffic with last mile interconnection4 7#b7 ,oversight ,the ,assistant ,secretary shall-- 7,a7 in consultation with the ,secretary1 oversee interconnection agreements between recipients of ,,grid broadband grants and last mile providers seeking to interconnect with-- 7i7 the middle mile infrastructure deployed using ,,grid broadband grants2 and 7ii7 other middle mile infrastructure owned or operated by eligible entities2 and 7,b7 review the interconnection terms and conditions proposed by an eligible entity to ensure that the terms and conditions-- 7i7 provide for reasonable cost recovery by the eligible entity2 and 7ii7 in the case of a recipient of a ,,grid broadband grant that qualifies under subsection 7j7 or 7k7 of section #e-- 7,i7 help decrease the cost for resulting last mile broadband service to consumers2 and 7,,ii7 include affordable options for low-income households4 7e7 ,impact on other ,federal broadband programs ,the use of ,,grid broadband grant funds by an eligible entity1 or partner of an eligible entity1 shall not impact the eligibility of1 or otherwise disadvantage1 the eligible entity or partner with respect to participation in any other ,federal broadband program4 7f7 ,prohibition on overbuilding ,the ,assistant ,secretary shall ensure that ,,grid broadband grant funds are not used to duplicate existing or planned last mile broadband infrastructure4 #e4 ,grant requirements 7a7 ,open competition ,the ,assistant ,secretary shall assess applications for ,,grid broadband grants on a competitive basis4 7b7 ,competence ,the ,assistant ,secretary shall include in the application process established under section #d7;b77#a7 a requirement that an eligible entity can demonstrate that the entity-- 7#a7 is capable of carrying out a proposed project in a competent manner1 including by demonstrating that the entity has the financial1 technical1 and operational capability to-- 7,a7 carry out the proposed project consistent with the proposed milestones and budget2 and 7,b7 ensure the long-term operation and maintenance of the resulting fiber optics facilities1 including middle mile broadband infrastructure2 and 7#b7 has the capability to enter into interconnection agreements with last mile providers to provide broadband service4 7c7 ,network impact assessment ,any applicant for a ,,grid broadband grant shall disclose the applicant's proposed interconnection1 nondiscrimination1 and network management practices4 7d7 ,timeline ,subject to subsection 7e71 to be eligible to obtain a ,,grid broadband grant1 an eligible entity shall agree1 in the application submitted through the process established under section #d7;b77#a71 to complete buildout of the middle mile infrastructure described in the application by not later than #c years after the date on which amounts from the grant are made available to the entity4 7e7 ,interim buildout requirements ,the ,assistant ,secretary shall establish interim buildout requirements with milestones for reporting for each eligible entity that receives a ,,grid broadband grant4 7f7 ,extensions ,at the request of an eligible entity1 the ,assistant ,secretary may extend the buildout deadline under subsection 7d7 and modify any interim buildout requirements established under subsection 7e7 as necessary1 if the eligible entity certifies that-- 7#a7 the project to build out middle mile infrastructure is underway2 and 7#b7 extenuating circumstances require an extension of time to allow completion of the project4 7g7 ,performance ,the ,assistant ,secretary may1 in addition to other authority under applicable law1 and as defined in advance by the ,assistant ,secretary-- 7#a7 deobligate awards to recipients of ,,grid broadband grants that demonstrate an insufficient level of performance1 or wasteful or fraudulent spending2 and 7#b7 competitively award funds deobligated under paragraph 7#a7 to new or existing 7as of the time of the deobligation7 applicants for ,,grid broadband grants consistent with this ,act4 7h7 ,penalties ,the ,assistant ,secretary may1 in addition to other authority under applicable law1 and as defined in advance by the ,assistant ,secretary1 establish a penalty regime1 which may include rescission of funds1 for recipients of ,,grid broadband grants that do not meet the requirements of this ,act4 7i7 ,cost sharing 7#a7 #ej percent match required ,except as provided in paragraphs 7#b7 and 7#c71 an application for a ,,grid broadband grant shall demonstrate the ability to provide supplemental investments or in-kind support valued at not less than #ej percent of the amount of the proposed grant4 7#b7 #bj percent match required ,paragraph 7#a7 shall be applied by substituting #bj percent for #ej percent if the applicant-- 7,a7 is a ,federal power marketing administration2 7,b7 is a ,native entity2 or 7,c7 qualifies under subsection 7j7 or 7k74 7#c7 ,no match required ,paragraph 7#a7 shall not apply if an applicant petitions the ,assistant ,secretary for a waiver and the ,assistant ,secretary determines that the petition demonstrates financial need or meets another public interest4 7j7 ,rural service for unserved locations and underserved locations ,if a recipient of a ,,grid broadband grant is a rural or municipal utility1 or an electric utility owned or operated by a ,native entity1 seeking to provide broadband service that is affordable and accessible to unserved locations and underserved locations in a rural and remote area1 the recipient may use a portion of the grant funds to support construction of last mile broadband infrastructure1 by the recipient or in partnership with a last mile provider1 to meet market demand in that area4 7k7 ,urban service for populations without access ,notwithstanding section #d7;f71 if a recipient of a ,,grid broadband grant is a rural or municipal utility1 or an electric utility owned or operated by a ,native entity1 seeking to provide broadband service that is affordable and accessible to populations in urban areas where it has been shown that cost is a barrier to internet connectivity1 the recipient may use a portion of the grant funds to support construction of last mile broadband infrastructure1 by the recipient or in partnership with a last mile provider1 to meet market demand in that area4 7l7 ,deobligation of awards ,the ,assistant ,secretary-- 7#a7 shall establish appropriate mechanisms to ensure appropriate use of funds made available under this section2 and 7#b7 may1 in addition to other authority under applicable law-- 7,a7 deobligate grant funds awarded to an eligible entity that-- 7i7 is unable to fulfill the requirements of subsection 7b72 or 7ii7 demonstrates an insufficient level of performance1 or wasteful or fraudulent spending1 as defined in advance by the ,assistant ,secretary2 and 7,b7 award grant funds that are deobligated under subparagraph 7,a7 to new or existing applicants consistent with this section4 7m7 ,regulations ,the ,assistant ,secretary may issue such regulations or other guidance1 forms1 instructions1 or publications as may be necessary or appropriate to carry out the programs1 projects1 or activities authorized under this ,act1 including to ensure that such programs1 projects1 or activities are completed in a timely and effective manner4 7n7 ,no regulation of rates permitted ,nothing in this ,act may be construed to authorize the ,assistant ,secretary or the ,national ,telecommunications and ,information ,administration to regulate the rates charged for broadband service4 #f4 ,project eligibility requirements ,an eligible entity may not receive a ,,grid broadband grant unless1 at the time of the application for the grant1 the ,assistant ,secretary1 in consultation with the ,secretary1 determines that-- 7#a7 the project would improve national security by-- 7,a7 helping harden the electric grid of the ,united ,states against cyberattacks and other threats2 and 7,b7 reducing the likelihood of electricity outages at ,federal properties dedicated to national security2 and 7#b7 the proposed middle mile infrastructure will be capable of supporting the provision of broadband service by a last mile provider1 either directly or indirectly through terrestrial or wireless service4 #g4 ,prohibition on use for covered communications equipment or services ,an eligible entity or partner of an eligible entity may not use ,,grid broadband grant funds to purchase or support any covered communications equipment or service1 as defined in section #i of the ,secure and ,trusted ,communications ,networks ,act of #bjai 7#dg ,u4,s4,c4 #afjh74 #h4 ,grantee reporting requirements 7a7 ,in general ,an eligible entity that receives a ,,grid broadband grant shall submit to the ,assistant ,secretary a biannual report for the life of the project1 in a format specified by the ,assistant ,secretary1 that-- 7#a7 describes the entity's-- 7,a7 use of the grant and progress in fulfilling the objectives for which the grant funds were awarded1 including meeting any requirements established by the ,assistant ,secretary under section #e7l72 and 7,b7 interconnection agreements with last mile providers1 including how those agreements are-- 7i7 increasing the availability of high-speed1 high-quality broadband in unserved locations and underserved locations2 7ii7 ensuring compliance with section #d7;d77#a77;,a7 7relating to open access72 and 7iii7 making broadband service more affordable for consumers2 and 7#b7 includes any other information required by the ,assistant ,secretary4 7b7 ,publication ,the ,assistant ,secretary shall make each report submitted under subsection 7a7 available to the public4 #i4 ,,ntia reporting requirements 7a7 ,public disclosure ,the ,assistant ,secretary shall create and maintain a fully searchable online database that contains-- 7#a7 a list of each eligible entity that has applied for a ,,grid broadband grant and any last mile provider with which the entity has partnered or has proposed to partner2 7#b7 a description of each application described in paragraph 7#a72 7#c7 the status of each application described in paragraph 7#a72 7#d7 the name of each eligible entity that has received a ,,grid broadband grant2 7#e7 the purpose for which an eligible entity described in paragraph 7#d7 received the grant2 7#f7 each biannual report submitted by an eligible entity under section #h7;a72 and 7#g7 any other information necessary to allow the public to understand and monitor ,,grid broadband grants awarded by the ,assistant ,secretary4 7b7 ,protection of certain information ,the ,assistant ,secretary may not include in the database created under subsection 7a7 any-- 7#a7 proprietary information2 7#b7 information the disclosure of which the ,assistant ,secretary1 in consultation with the ,secretary1 determines would pose a threat to national security2 or 7#c7 information relating ,native ,american natural1 cultural1 and historical resources identified as confidential by a ,native entity1 which shall also be exempt from the disclosure requirements under section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act74 7c7 ,monitoring ,the ,assistant ,secretary shall set up sufficient mechanisms to monitor the progress of projects funded by ,,grid broadband grants1 including audits and on-site investigations4 7d7 ,internet disclosure ,the ,assistant ,secretary shall1 on the searchable database created under section #fjajb7;g77#c77;,c7 of the ,infrastructure ,investment and ,jobs ,act 7#dg ,u4,s4,c4 #agjb7;g77#c77;,c771 provide information sufficient to allow the public to understand and monitor projects funded by ,,grid broadband grants4 #aj4 ,technical support and assistance 7a7 ,program assistance ,as part of the ,program1 the ,assistant ,secretary1 in consultation with the ,secretary1 shall provide technical support and assistance to eligible entities to facilitate their participation in the ,program4 7b7 ,technical experts ,the ,assistant ,secretary1 in consultation with the ,secretary1 shall convene a committee of technical experts to advise the ,assistant ,secretary on the development and implementation of the ,program4 #aa4 ,staffing ,the ,assistant ,secretary may appoint1 without regard to the provisions of subchapter ,i of chapter #cc of title #e1 ,united ,states ,code 7other than sections #ccjc and #ccbh of that subchapter71 qualified candidates to any position necessary to administer the ,program4