[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7447 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 7447

To direct the Federal Communications Commission to take certain actions 
 to accelerate the Rural Digital Opportunity Fund Phase I auction, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 1, 2020

Mr. Clyburn (for himself, Mr. Upton, Ms. Kelly of Illinois, Mrs. Hayes, 
     Mr. Suozzi, Mr. Cox of California, Mrs. Bustos, Mr. Reed, Mr. 
Balderson, Mr. Thompson of Mississippi, Mr. Rice of South Carolina, Mr. 
  Duncan, Mr. Norman, Ms. Spanberger, Mr. Trone, Mr. Wilson of South 
 Carolina, Mr. Palazzo, Mr. Wright, and Mr. Gottheimer) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
To direct the Federal Communications Commission to take certain actions 
 to accelerate the Rural Digital Opportunity Fund Phase I auction, 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. ACCELERATION OF RURAL DIGITAL OPPORTUNITY FUND PHASE I 
              AUCTION.

    (a) In General.--With respect to the Rural Digital Opportunity Fund 
Phase I auction (in this section referred to as the ``auction'') 
provided for in the Report and Order in the matter of Rural Digital 
Opportunity Fund and Connect America Fund adopted by the Commission on 
January 30, 2020 (FCC 20-5), the Commission shall modify the framework 
for the auction adopted in such Report and Order as follows:
            (1) The Commission shall accept long-form applications 
        before the auction, during the period that begins not earlier 
        than the date that is 30 days after the date on which the 
        Commission begins accepting short-form applications and ends on 
        September 15, 2020, from such applicants as are willing to 
        commit to the schedule described in paragraph (3)(C) for 
        deployment of networks capable of providing gigabit broadband 
        internet access service.
            (2) If the long-form applications accepted pursuant to 
        paragraph (1) indicate that, for any census block or census 
        block group that, as of July 31, 2020, was identified on the 
        List of Eligible Areas maintained by the Commission, there is 
        only 1 qualified applicant willing to commit to provide gigabit 
        broadband internet access service pursuant to the schedule 
        described in paragraph (3)(C), the Commission shall, not later 
        than the earlier of October 15, 2020, or 14 days before the 
        start of the auction--
                    (A) award to such applicant Rural Digital 
                Opportunity Fund Phase I support for such census block 
                or census block group, at 100 percent of the reserve 
                price (in this paragraph referred to as the ``award'');
                    (B) remove such census block or census block group 
                from the auction; and
                    (C) reduce the budget for the auction by 50 percent 
                of the amount of the award and reduce the budget for 
                the Rural Digital Opportunity Fund Phase II auction 
                provided for in such Report and Order by 50 percent of 
                the amount of the award.
            (3) The Commission shall require an applicant submitting a 
        long-form application pursuant to paragraph (1), in order for 
        such application to be considered complete--
                    (A) to demonstrate project readiness by providing a 
                network design for a fiber optic cable or hybrid fiber 
                optic and coaxial cable network (which may include 
                other technology used in conjunction with the foregoing 
                solely on an ancillary basis) to be deployed to provide 
                gigabit broadband internet access service to locations 
                in each census block or census block group covered by 
                the application, except that an applicant that has 
                offered gigabit broadband internet access service 
                (despite consumer equipment limitations) for at least 2 
                years before the date on which the application is 
                submitted shall be presumed to have demonstrated 
                project readiness;
                    (B) to demonstrate financial stability by providing 
                a letter of commitment from a bank or other 
                documentation to establish that sufficient credit would 
                be available to such applicant if such applicant 
                becomes a winning bidder and is awarded support; and
                    (C) to commit to--
                            (i) begin construction not later than 6 
                        months following funding authorization; and
                            (ii) begin to make service available in at 
                        least one awarded census block not later than 1 
                        year following funding authorization.
            (4) A recipient of an award of support under paragraph 
        (2)(A) shall have a reasonable opportunity, of not less than 90 
        days after the date on which such award of support is made, to 
        cure any deficiencies in a long-form application submitted 
        pursuant to paragraph (1).
            (5) If a recipient of an award of support under paragraph 
        (2)(A) for a census block or census block group fails to meet 
        the deployment schedule to which the recipient committed under 
        paragraph (3)(C), the Commission shall revoke such award of 
        support and include such census block or census block group for 
        competitive bidding in the Rural Digital Opportunity Fund Phase 
        II auction provided for in such Report and Order, unless such 
        deployment schedule is extended by the Commission for good 
        cause, due to extenuating circumstances outside the control of 
        the recipient and the Commission finds that the recipient is 
        making good faith efforts to overcome such circumstances.
            (6) Notwithstanding any other provision of law, the 
        Commission shall not require any short-form or long-form 
        applicant to be designated as an eligible telecommunications 
        carrier under section 214(e) of the Communications Act of 1934 
        (47 U.S.C. 214(e)) in order to receive Rural Digital 
        Opportunity Fund Phase I or Phase II support.
    (b) Definitions.--In this section:
            (1) Broadband internet access service.--The term 
        ``broadband internet access service'' has the meaning given 
        such term in section 8.1(b) of title 47, Code of Federal 
        Regulations (or any successor regulation).
            (2) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (3) Gigabit broadband internet access service.--The term 
        ``gigabit broadband internet access service'' means broadband 
        internet access service with a downstream speed of at least 1 
        gigabit per second.

SEC. 2. ENSURING THE FCC CREATES ACCURATE SERVICE MAPS.

    (a) Authorization of Appropriations.--Title VIII of the 
Communications Act of 1934 (47 U.S.C. 641 et seq.) is amended by adding 
at the end the following:

``SEC. 807. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to the Commission to carry 
out this title--
            ``(1) $25,000,000 for fiscal year 2020; and
            ``(2) $9,000,000 for each of the fiscal years 2021 through 
        2027.''.
    (b) Deadline for Creation of Maps.--Section 802(c)(1) of the 
Communications Act of 1934 (47 U.S.C. 642(c)(1)) is amended by striking 
``create'' and inserting ``create, not later than October 1, 2020''.
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