[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 240 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 240

To promote competition, to preserve the ability of local governments to 
   provide broadband capability and services, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 22, 2015

Mr. Booker (for himself, Mr. Markey, and Mrs. McCaskill) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To promote competition, to preserve the ability of local governments to 
   provide broadband capability and services, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community Broadband Act of 2015''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``advanced telecommunications capability'' has 
        the meaning given the term in section 706(d)(1) of the 
        Telecommunications Act of 1996 (47 U.S.C. 1302(d)(1));
            (2) the term ``advanced telecommunications capability or 
        services'' means--
                    (A) advanced telecommunications capability; or
                    (B) services using advanced telecommunications 
                capability;
            (3) the term ``Indian tribe'' has the meaning given the 
        term in section 4(e) of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b(e));
            (4) the term ``public provider'' means--
                    (A) a State or political subdivision thereof;
                    (B) any agency, authority, or instrumentality of a 
                State or political subdivision thereof;
                    (C) an Indian tribe; or
                    (D) any entity that is owned by, controlled by, or 
                otherwise affiliated with--
                            (i) a State or political subdivision 
                        thereof;
                            (ii) an agency, authority, or 
                        instrumentality of a State or political 
                        subdivision thereof; or
                            (iii) an Indian tribe; and
            (5) the term ``telecommunications service'' has the meaning 
        given the term in section 3 of the Communications Act of 1934 
        (47 U.S.C. 153).

SEC. 3. LOCAL GOVERNMENT PROVISION OF TELECOMMUNICATIONS SERVICE AND 
              ADVANCED TELECOMMUNICATIONS CAPABILITY AND SERVICES.

    No statute, regulation, or other legal requirement of a State or 
local government may prohibit, or have the effect of prohibiting or 
substantially inhibiting, any public provider from providing 
telecommunications service or advanced telecommunications capability or 
services to any person or any public or private entity.

SEC. 4. SAFEGUARDS.

    (a) Administration.--To the extent any public provider regulates 
competing providers of telecommunications services or advanced 
telecommunications capability or services, the public provider shall 
apply its ordinances, rules, and policies, including those relating to 
the use of public rights-of-way, permitting, performance bonding, and 
reporting, without discrimination in favor of--
            (1) the public provider; or
            (2) any other provider of telecommunications service or 
        advanced telecommunications capability or services that the 
        public provider owns or with which the public provider is 
        affiliated.
    (b) Application of General Laws.--Nothing in this Act exempts a 
public provider that offers telecommunications service or advanced 
telecommunications capability or services to the public from any 
Federal communications law or regulation that applies to all providers 
of telecommunications services or advanced telecommunications 
capability or services to the public.

SEC. 5. PUBLIC-PRIVATE PARTNERSHIPS ENCOURAGED.

    Each public provider that intends to provide telecommunications 
service or advanced telecommunications capability or services to the 
public is encouraged to consider the potential benefits of a public-
private partnership before providing the capability or services.

SEC. 6. PUBLIC INPUT AND PRIVATE SECTOR OPPORTUNITY TO BID.

    (a) Notice and Opportunity To Be Heard.--Before a public provider 
may provide telecommunications service or advanced telecommunications 
capability or services to the public, either directly or through a 
public-private partnership, the public provider shall--
            (1) publish notice of its intention to do so;
            (2) generally describe the capability or services to be 
        provided and the proposed coverage area for the capability or 
        services;
            (3) identify any special capabilities or services to be 
        provided in low-income areas or other demographically or 
        geographically defined areas;
            (4) provide local citizens and private-sector entities with 
        an opportunity to be heard on the costs and benefits of the 
        project and potential alternatives to the project, including 
        any bids under paragraph (5); and
            (5) provide private-sector entities with an opportunity to 
        bid to provide the capability or services during the 30-day 
        period beginning on the date on which the notice required under 
        paragraph (1) is published.
    (b) Application to Existing Projects and Pending Proposals.--
Subsection (a) shall not apply to--
            (1) any contract or other arrangement under which a public 
        provider is providing telecommunications service or advanced 
        telecommunications capability or services to the public as of 
        the date of enactment of this Act; or
            (2) any public provider proposal to provide 
        telecommunications service or advanced telecommunications 
        capability or services to the public that, as of the date of 
        enactment of this Act--
                    (A) is in the request-for-proposals process;
                    (B) is in the process of being built; or
                    (C) has been approved by referendum.

SEC. 7. EXEMPTIONS.

    The requirements under sections 4 and 6 shall not apply--
            (1) when a public provider provides telecommunications 
        service or advanced telecommunications capability or services 
        other than to the public or to such classes of users as to make 
        the capability or services effectively available to the public; 
        or
            (2) during an emergency declared by the President, the 
        Governor of the State in which the public provider is located, 
        or any other elected local official authorized by law to 
        declare a state of emergency in the jurisdiction in which the 
        public provider is located.

SEC. 8. USE OF FEDERAL FUNDS.

    If any project providing telecommunications service or advanced 
telecommunications capability or services under this Act fails due to 
bankruptcy or is terminated by a public provider, no Federal funds may 
be provided to the public provider specifically to assist the public 
provider in reviving or renewing that project, unless the failure due 
to bankruptcy occurred in a jurisdiction that is subject to a 
declaration by the President of a major disaster, as defined in section 
102 of the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5122).
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