[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6456 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 6456

 To establish a grant program that provides grants to expand broadband 
                                service.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 7, 2020

   Mr. Wittman (for himself and Mr. Johnson of Ohio) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
 To establish a grant program that provides grants to expand broadband 
                                service.

    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 ``Serving Rural America Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Broadband service.--The term ``broadband service'' has 
        the same meaning as Broadband internet access service in 
        section 8.1(b) of the rules of the Federal Communications 
        Commission (47 C.F.R. 8.1(b)).
            (2) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (3) Eligible broadband project.--The term ``eligible 
        broadband project'' means a project proposed by an eligible 
        partnership to provide, to a proposed service area, that is 
        identified as unserved pursuant to section 3, subsection 
        (c)(4), a retail fixed terrestrial broadband service of a 
        capability determined by the Commission and that meets at least 
        the minimum acceptable level for such service as established by 
        the Secretary of Agriculture pursuant to section 601(e) of the 
        Rural Electrification Act of 1936.
            (4) Eligible partnership.--The term ``eligible 
        partnership'' means a partnership--
                    (A) that includes--
                            (i) at least 1 political subdivision of a 
                        State or a federally recognized Indian Tribe 
                        (such as a city, county, wireless authority, or 
                        planning district commission); and
                            (ii) at least 1 internet service provider 
                        who provides retail fixed terrestrial broadband 
                        service and is unaffiliated with the political 
                        subdivision of a State; and
                    (B) where the political subdivision or federally 
                recognized Indian Tribe uses an open and transparent 
                process and applies criteria that does not discriminate 
                against any entity to select the internet service 
                provider as a partner or impose any requirement on such 
                entity other than an agreement to meet the project 
                requirements as described in section 3(j).

SEC. 3. BROADBAND GRANT PROGRAM.

    (a) Program Established.--Not later than 1 year after the date of 
enactment of this Act, the Federal Communications Commission shall 
establish a program that provides grants, from amounts made available 
to carry out this Act, to eligible partnerships for eligible broadband 
projects.
    (b) Applications.--To be eligible to receive a grant under 
subsection (a), an eligible partnership shall submit an application at 
such time, in such manner, and containing such information as the 
Commission may require, including--
            (1) a description of the eligible broadband project 
        (including the proposed broadband speed(s) and proposed cost) 
        that such eligible partnership intends to undertake if awarded 
        a grant under this Act (in this Act referred to as the 
        ``proposed broadband project''); and
            (2) a description of the proposed service area to be served 
        by the proposed broadband project (in this Act referred to as 
        the ``proposed service area'').
    (c) Selection.--
            (1) In general.--The Commission shall award grants to 
        eligible partnerships for eligible broadband projects on a 
        competitively and technologically neutral basis.
            (2) Priority.--In awarding grants under subsection (a), the 
        Commission shall give priority to applications for proposed 
        broadband projects designed to provide the maximum level of 
        broadband service in terms of peak speed, consistent speed, 
        latency, reliability, and upgradability to the greatest 
        proportion of households in a proposed service area.
            (3) Nondiscrimination.--In awarding grants under subsection 
        (a), the Commission--
                    (A) shall not discriminate against eligible 
                partnerships that have not previously received a grant 
                under this section; and
                    (B) shall not require grant recipients to be 
                designated as eligible telecommunications carriers 
                pursuant to section 214 of the Communications Act of 
                1934.
            (4) Identification of unserved communities.--
                    (A) In general.--For the purpose of awarding grants 
                under subsection (a), the Commission shall find a 
                proposed service area to be unserved and eligible to 
                receive a grant if--
                            (i) fixed terrestrial broadband service 
                        capacity, including any planned capacity or any 
                        capacity under construction in accordance with 
                        applicable deadlines imposed by a State or 
                        political subdivision, is not available within 
                        the proposed service area at 25 megabits per 
                        second downstream transmission capacity and 3 
                        megabits per second upstream transmission 
                        capacity or greater; and
                            (ii) any Federal, State, or local 
                        government agency is not already providing 
                        financial support in that area to a broadband 
                        service provider (including the internet 
                        service provider applicant or any affiliate 
                        thereof) to deploy and offer broadband service 
                        capacity to locations in such area.
                    (B) Finding.--In making a finding under 
                subparagraph (A), the Commission shall--
                            (i) use available data on broadband 
                        coverage (including the universal service 
                        funding) authorizations overseen by the 
                        Commission and confer with and obtain data from 
                        the Rural Utilities Service with respect to 
                        existing service capacity in the proposed 
                        service area;
                            (ii) review any other mapping data that is 
                        relevant to service capacity validation, as 
                        determined by the Commission;
                            (iii) provide reasonable opportunities, as 
                        described in subsection (d)(2) for input and 
                        presentation of data with respect to existing 
                        or already-planned service availability by 
                        providers and other stakeholders including--
                                    (I) analysis of third-party 
                                datasets;
                                    (II) data collected through crowd 
                                sourcing of public input regarding 
                                mapping accuracy of proposed service 
                                area; and
                                    (III) site specific testing where 
                                mapping data is contested as incorrect; 
                                and
                            (iv) post on the Commission's website and 
                        publish in the Federal Register the proposed 
                        service area and provide the public a period of 
                        at least 45 days after Federal Register 
                        publication to submit comments, including with 
                        information that the Commission shall keep 
                        confidential upon request of the commenting 
                        party, to the Commission on the proposed 
                        service area.
    (d) Ineligible Uses of Grant Funds.--The Commission shall not award 
a grant, or other assistance for the deployment of broadband-capable 
infrastructure by a service provider that would be used to provide 
retail fixed terrestrial broadband service and that would overbuild or 
otherwise duplicate broadband-capable infrastructure that another 
service provider is using to provide retail fixed terrestrial broadband 
service in that same area as identified consistent with subsection 
(c)(4), except that any other proposed area covered by the same 
application as the ineligible area and that is identified as unserved 
consistent with subsection (c)(4) shall remain eligible for a grant or 
other such assistance.
    (e) Public Notice.--The Commission shall establish a process 
through which, before the Commission awards a grant to such eligible 
partnership, members of the public and or any service provider--
            (1) are notified that the Commission is considering 
        awarding a grant to an eligible partnership for a proposed 
        broadband project;
            (2) are notified they may participate in a challenge 
        process to address claims about the eligibility of the area for 
        a grant based upon existing or already-planned provision of 
        retail fixed terrestrial broadband services; and
            (3) have an opportunity to inform the Commission that such 
        proposed broadband project would duplicate existing broadband 
        service in the proposed project area.
    (f) Broadband Build-Out Data and Reporting.--
            (1) In general.--The Commission shall establish broadband 
        build-out, reporting, and accountability requirements.
            (2) Build-out data.--Any eligible partnership that receives 
        a grant under this Act shall provide to the Commission 
        complete, reliable, and precise information in a format 
        specified by the Commission that indicates the location of new 
        broadband service the eligible partnership is providing through 
        the eligible broadband project.
            (3) Date.--The information described in subsection (f)(2) 
        shall be provided to the Commission not later than 90 days 
        after the earlier of--
                    (A) the date of completion of any eligible 
                broadband project milestones established by the 
                Commission; or
                    (B) the date of completion of the eligible 
                broadband project.
    (g) Federal Contribution.--The amount of any grant provided to an 
eligible partnership under this Act may not exceed 75 percent of the 
total proposed cost of the eligible broadband project.
    (h) Technical Assistance.--
            (1) In general.--The Commission may provide technical 
        assistance and training to any eligible partnership applying 
        for a grant under this Act.
            (2) Funding.--Not more than 5 percent of amounts 
        appropriated to carry out this Act for a fiscal year may be 
        used for technical assistance and training.
            (3) Coordination.--When providing technical assistance and 
        training to an eligible partnership, the Commission shall 
        coordinate with any State official responsible for broadband 
        expansion in the State containing the proposed service area.
    (i) Relation to Other Federal Broadband Programs.--
            (1) Universal service fund.--The Commission shall 
        coordinate to ensure that any grants made under this Act 
        complement and do not conflict with the high-cost universal 
        service support provided under section 254 of the 
        Communications Act of 1934 (47 U.S.C. 254).
            (2) Rural utilities service.--The Commission shall 
        coordinate with the Secretary of Agriculture to ensure that any 
        grants made under this Act complement and do not conflict with 
        loans and grants provided by the Department of Agriculture 
        under title VI of the Rural Electrification Act of 1936 (7 
        U.S.C. 950bb et seq.), including the Broadband Grants, Loans, 
        and Loan Guarantees program and the Community Connect Programs, 
        and the ReConnect Program.
    (j) Project Requirements.--Any project funded through the program 
shall meet the following requirements:
            (1) The project shall offer broadband service with a 
        download speed of at least 100 megabits per second, an upload 
        speed of at least 20 megabits per second, and a latency 
        sufficient to real time applications.
            (2) For any project that involves underground fiber-optic 
        cable along a roadway, the project shall include consistent 
        conduit access points, as defined by the Commission.
            (3) The project shall incorporate best management 
        practices, as defined by the Commission, for buildout and 
        maintenance.
            (4) The network shall be capable of, and the provider shall 
        offer to any broadband customer in the proposed service area, 
        fixed terrestrial voice service that includes the ability to 
        dial 911 without a mandate for the user to subscribe to 
        broadband as well.
    (k) Exceptions.--The Commission shall grant an exception to project 
broadband speed requirements in section 3(j) as deemed necessary to 
allow participation by eligible partnerships in Alaska.
    (l) Dates and Rulemaking.--
            (1) Rulemaking.--Not later than 120 days after the 
        enactment of the ``Serving Rural America Act'', the Commission 
        shall announce a Notice of Proposed Rulemaking in the Federal 
        Register, that establishes--
                    (A) requirements of this section, in addition to 
                requirements of subsections (a), (b), (c), (d), (e), 
                (f), (g), (h), (i) and (j);
                    (B) notice requirements for which entities have 
                applied to bid for funding;
                    (C) the results of the grant program, including 
                identifying funding recipients, the service area the 
                project will service, the type of service the recipient 
                will provide, and the amount of funding the recipient 
                will receive;
                    (D) broadband buildout milestones; and
                    (E) annual certification from award recipients that 
                identifies speed of service provided in each service 
                area of a project to ensure compliance with the 
                broadband buildout milestones established under 
                subparagraph (D).
            (2) Funding opportunity announcement.--Not later than 1 
        year after the enactment of this Act, the Commission shall 
        announce a Funding Opportunity Announcement in the Federal 
        Register.

SEC. 4. INFORMATION SHARING.

    (a) Information Sharing With Federal Communications Commission and 
Rural Utilities Service.--The Commission shall share with the Rural 
Utilities Service information received pursuant to subsections (f)(2) 
and (k)(1)(E).
    (b) National Broadband Map.--The Commission shall incorporate 
build-out data received pursuant to subsections (f)(2) and (k)(1)(E) 
into the National Broadband Map.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

     There is authorized to be appropriated to carry out this Act 
$100,000,000 for each of the first 5 fiscal years after the date of 
enactment of this Act.

SEC. 6. FCC REPORT TO CONGRESS.

    FCC shall report to Congress annually on the progress of the 
program based on broadband build-out data provided by grant 
participants and data as reflected by the National Broadband Map.
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