[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5969 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 5969

  To prohibit the use of Federal funds for the provision of broadband 
  service in any State that has in effect a law, regulation, or other 
requirement that prohibits, limits, places conditions on, or regulates 
the provision of broadband service by public, cooperative, or nonprofit 
                          broadband providers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 24, 2018

  Mr. Pocan introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To prohibit the use of Federal funds for the provision of broadband 
  service in any State that has in effect a law, regulation, or other 
requirement that prohibits, limits, places conditions on, or regulates 
the provision of broadband service by public, cooperative, or nonprofit 
                          broadband providers.

    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 ``Speed Up Broadband Access Act of 
2018''.

SEC. 2. PROHIBITION ON FEDERAL FUNDS FOR BROADBAND IN STATES THAT LIMIT 
              PUBLIC, CO-OP, OR NONPROFIT BROADBAND PROVIDERS.

    (a) In General.--No Federal funds may be used for the provision of 
broadband service in any State that has in effect a law, regulation, or 
other requirement having the force or effect of law that prohibits, 
limits, places conditions on, or regulates the provision of broadband 
service--
            (1) by a political subdivision of such State (or an agency 
        or instrumentality of such subdivision) to residents of such 
        political subdivision; or
            (2) by any nonprofit organization, or any person who is 
        cooperatively organized, to residents of such State.
    (b) Availability of Federal Funds for Public, Co-Op, and Nonprofit 
Broadband Providers.--Subsection (a) shall not apply to the use of 
Federal funds for the provision of broadband service by an entity 
described in paragraph (1) or (2) of subsection (a).
    (c) Treatment of Generally Applicable State Laws.--For purposes of 
subsection (a), a law, regulation, or other requirement having the 
force or effect of law that applies generally to the provision of 
broadband service in a State, including by private, for-profit 
providers, shall not be considered to prohibit, limit, place conditions 
on, or regulate the provision of broadband service by an entity 
described in paragraph (1) or (2) of such subsection.
    (d) Definitions.--In this section:
            (1) Broadband service.--The term ``broadband service'' 
        means advanced telecommunications capability (as defined in 
        section 706 of the Telecommunications Act of 1996 (47 U.S.C. 
        1302)).
            (2) Federal funds.--The term ``Federal funds'' means any 
        grant, loan, loan guarantee, or other form of financial support 
        that is provided by the Federal Government.
            (3) Nonprofit organization.--The term ``nonprofit 
        organization'' means any corporation or association, however 
        organized, no part of the net earnings of which inures to the 
        benefit of any private shareholder or individual.
            (4) State.--The term ``State'' means each of the several 
        States, the District of Columbia, and each commonwealth, 
        territory, or possession of the United States.
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