[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4113 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4113

To amend the Communications Act of 1934 to provide grants to States and 
 Indian Tribes to deploy affordable, high-speed broadband to unserved 
                         and underserved areas.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 30, 2020

  Mr. Bennet introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To amend the Communications Act of 1934 to provide grants to States and 
 Indian Tribes to deploy affordable, high-speed broadband to unserved 
                         and underserved areas.

    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 ``Broadband Reform and Investment to 
Drive Growth in the Economy Act of 2020'' or ``BRIDGE Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Access to affordable, reliable broadband is essential 
        to full participation in modern life in the United States.
            (2) The persistent ``digital divide'' in the United States 
        is a barrier to the economic competitiveness of the United 
        States and equitable distribution of essential public services, 
        including health care and education.
            (3) In many communities across the country, increased 
        competition among broadband providers has the potential to 
        offer consumers more affordable, high-quality options for 
        broadband service.
            (4) The digital divide disproportionately affects 
        communities of color, lower-income areas, and rural areas.

SEC. 3. GRANTS FOR STATE BROADBAND DEPLOYMENT.

    Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) 
is amended by adding at the end the following:

``SEC. 14. GRANTS FOR STATE BROADBAND DEPLOYMENT.

    ``(a) Definitions.--
            ``(1) Areas lacking broadband access.--In this section--
                    ``(A) the term `unserved area' means an area--
                            ``(i) in which broadband service at a speed 
                        of not less than 25 megabits per second for 
                        downloads and 3 megabits per second for uploads 
                        is not available; or
                            ``(ii) that is served by only 1 broadband 
                        service provider;
                    ``(B) the term `underserved area' means an area, 
                other than an unserved area, in which broadband service 
                at a speed of not less than 100 megabits per second for 
                downloads and 100 megabits per second for uploads is 
                not available;
                    ``(C) the term `other qualifying area' means an 
                area, other than an unserved area or underserved area, 
                in which gigabit-level broadband service is not 
                available; and
                    ``(D) the term `eligible area' means an unserved 
                area, underserved area, or other qualifying area.
            ``(2) Other definitions.--In this section--
                    ``(A) the term `community anchor institution' means 
                an entity such as a school, library, hospital or other 
                medical provider, public safety entity, institution of 
                higher education, or community support organization 
                that facilitates greater use of broadband service by 
                vulnerable populations, including low-income 
                individuals, unemployed individuals, and aged 
                individuals;
                    ``(B) the term `gigabit-level broadband service' 
                means broadband service with a speed of not less than 1 
                gigabit per second for downloads and 1 gigabit per 
                second for uploads; and
                    ``(C) the term `Indian Tribe' has the meaning given 
                the term `Indian tribe' in section 4 of the Indian 
                Self-Determination and Education Assistance Act (25 
                U.S.C. 5304).
    ``(b) Grant Authority.--The Commission shall award grants to States 
and Indian Tribes for use in deploying broadband to certain areas in 
accordance with subsection (e).
    ``(c) Formula.--
            ``(1) In general.--Of the amounts made available for grants 
        under this section, the Commission shall allocate--
                    ``(A) $30,000,000,000 to States, of which--
                            ``(i) $15,000,000,000 shall be allocated 
                        based on the proportion that the population of 
                        each State bears to the population of all 
                        States;
                            ``(ii) $7,500,000,000 shall be allocated 
                        based on the proportion that the number of 
                        individuals living in rural areas in each 
                        State, as determined by the Bureau of the 
                        Census, bears to the number of individuals 
                        living in rural area in all States, as 
                        determined by the Bureau of the Census; and
                            ``(iii) $7,500,000,000 shall be allocated 
                        based on the proportion that the number of 
                        individuals with a household income that is 
                        below 150 percent of the Federal poverty level 
                        in each State bears to the number of 
                        individuals with a household income that is 
                        below 150 percent of the Federal poverty level 
                        in all States; and
                    ``(B) $1,000,000,000 to Indian Tribes based on the 
                proportion that the population of each Indian Tribe 
                bears to the population of all Indian Tribes.
            ``(2) Population determination.--For purposes of paragraph 
        (1), the population of--
                    ``(A) a State or a category of residents of a State 
                shall be determined based on the most recent year for 
                which data are available from the Bureau of the Census; 
                and
                    ``(B) an Indian Tribe shall be determined based on 
                data certified by the Tribal government.
    ``(d) Administrative Expenses.-- A State or Indian Tribe may use 
not more than 2 percent of grant amounts received under this section 
for expenses relating to administration of the grant or the use of a 
competitive bidding mechanism under subsection (g)(1).
    ``(e) Use of Funds.--A State or Indian Tribe may use grant amounts 
received under this section to award subgrants for the deployment of 
broadband networks--
            ``(1) to unserved areas;
            ``(2) to underserved areas;
            ``(3) if the State or the territory under the jurisdiction 
        of the Indian Tribe, as applicable, does not contain any 
        unserved areas or underserved areas, to other qualifying areas; 
        or
            ``(4) to community anchor institutions that lack access to 
        gigabit-level broadband service.
    ``(f) Identification of Eligible Areas.--
            ``(1) Initial identification.--
                    ``(A) In general.--Before beginning a competitive 
                bidding mechanism under subsection (g)(1), a State or 
                Indian Tribe shall identify each area in the State or 
                the territory under the jurisdiction of the Indian 
                Tribe, as applicable, that is--
                            ``(i) an unserved area;
                            ``(ii) an underserved area; or
                            ``(iii) an other qualifying area;
                    ``(B) Use of broadband map.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), a State or Indian Tribe shall 
                        carry out subparagraph (A) using the map 
                        created by the Commission under section 
                        802(c)(1)(A).
                            ``(ii) Transition rule.--During the period 
                        before the Commission creates the map under 
                        section 802(c)(1)(A), a State or Indian Tribe, 
                        for purposes of subparagraph (A)--
                                    ``(I) shall determine whether an 
                                area is an unserved area, underserved 
                                area, or other qualifying area in 
                                consultation with each community in the 
                                area; and
                                    ``(II) may use the broadband map of 
                                the Commission that is then in effect.
            ``(2) Challenge process.--A State or Indian Tribe shall--
                    ``(A) provide public notice of the classification 
                of each area identified under paragraph (1)(A);
                    ``(B) provide local governments and other broadband 
                service providers the opportunity to challenge--
                            ``(i) the classification of an area 
                        identified under paragraph (1)(A); or
                            ``(ii) the failure of the State or Indian 
                        Tribe to classify a particular area as an 
                        eligible area under paragraph (1)(A); and
                    ``(C) not later than 90 days after a challenge is 
                made under subparagraph (B), conduct a transparent and 
                evidence-based process to resolve the challenge.
            ``(3) Final identification; notification of funding 
        eligibility.--After resolving each challenge under paragraph 
        (2), and not later than 30 days before beginning the 
        competitive bidding mechanism under subsection (g)(1), a State 
        or Indian Tribe shall--
                    ``(A) provide public notice of the final 
                classification of each eligible area in the State or 
                the territory under the jurisdiction of the Indian 
                Tribe, as applicable; and
                    ``(B) make a good faith effort to notify each 
                community within, and each relevant private entity for, 
                each eligible area in the State or the territory under 
                the jurisdiction of the Indian Tribe, as applicable, 
                about the opportunity to compete for funding through 
                the competitive bidding mechanism.
    ``(g) Subgrants.--
            ``(1) Competitive bidding.--A State or Indian Tribe, in 
        awarding subgrants for the deployment of a broadband network 
        using grant amounts received under this section, as authorized 
        under subsection (e)--
                    ``(A) shall use a competitive bidding mechanism 
                that--
                            ``(i) does not exclude cooperatives, 
                        nonprofit organizations, public-private 
                        partnerships, tribally owned entities, or local 
                        governments; and
                            ``(ii) consists of up to 3 rounds of 
                        bidding, under which--
                                    ``(I) the first round shall provide 
                                funds for broadband deployment to 
                                unserved areas;
                                    ``(II) the second round shall 
                                provide funds (if still available) for 
                                broadband deployment to underserved 
                                areas;
                                    ``(III) the third round shall 
                                provide funds (if still available) for 
                                broadband deployment to other 
                                qualifying areas; and
                                    ``(IV) each round shall consist of 
                                2 stages--
                                            ``(aa) the first of which 
                                        shall be open only to broadband 
                                        service providers committing to 
                                        offer at least gigabit-level 
                                        broadband service; and
                                            ``(bb) the second of which 
                                        shall be open to any broadband 
                                        service provider that did not 
                                        receive funding during the 
                                        first stage;
                    ``(B) during each stage of the competitive bidding 
                mechanism under subparagraph (A), shall give priority 
                to an entity that--
                            ``(i) will provide not less than 1 tier of 
                        broadband service at a faster speed than the 
                        minimum speed required for that stage;
                            ``(ii) will--
                                    ``(I) begin construction of the 
                                broadband network not later than 180 
                                days after being awarded the subgrant; 
                                and
                                    ``(II) deploy the broadband network 
                                and begin providing broadband service 
                                to each customer that desires broadband 
                                service by a date that is earlier than 
                                the deadline under paragraph (2)(B); or
                            ``(iii) in the case of a subgrant awarded 
                        by a State, has a letter of endorsement for the 
                        project from the local government for each 
                        community that the project will serve; and
                    ``(C) during the first stage of any round of the 
                competitive bidding mechanism under subparagraph (A), 
                may award a subgrant to an entity to deploy a broadband 
                network to a community anchor institution located in 
                the type of area that is eligible for funding in that 
                round.
            ``(2) Deployment and provision of service requirements.--An 
        entity that deploys a broadband network using a subgrant 
        awarded under paragraph (1), as authorized under subsection 
        (e), shall--
                    ``(A) in providing broadband service using the 
                network--
                            ``(i) provide broadband service--
                                    ``(I) at a speed of not less than--
                                            ``(aa) except as provided 
                                        in item (bb), 100 megabits per 
                                        second for downloads and 100 
                                        megabits per second for 
                                        uploads; or
                                            ``(bb) 1 gigabit per second 
                                        for downloads and 1 gigabit per 
                                        second for uploads in the case 
                                        of a subgrant awarded during 
                                        the first stage of any round of 
                                        competitive bidding under 
                                        paragraph (1), including such a 
                                        subgrant awarded for the 
                                        deployment of a broadband 
                                        network to a community anchor 
                                        institution; and
                                    ``(II) with a latency that is 
                                sufficiently low to allow real-time, 
                                interactive applications;
                            ``(ii) provide access to broadband service 
                        to each customer, in the area to which the 
                        subgrant applies, that--
                                    ``(I) lacks broadband service with 
                                a speed of--
                                            ``(aa) not less than 25 
                                        megabits per second for 
                                        downloads and 3 megabits per 
                                        second for uploads, in the case 
                                        of an unserved area;
                                            ``(bb) not less than 100 
                                        megabits per second for 
                                        downloads and 100 megabits per 
                                        second for uploads, in the case 
                                        of an underserved area; or
                                            ``(cc) not less than 1 
                                        gigabit per second for 
                                        downloads and 1 gigabit per 
                                        second for uploads, in the case 
                                        of an other qualifying area; 
                                        and
                                    ``(II) desires broadband service; 
                                and
                            ``(iii) to an eligible area, offer not less 
                        than 1 discount subscription option for 
                        customers whose family is in poverty (as 
                        determined by the Bureau of the Census) that--
                                    ``(I) consists of--
                                            ``(aa) prepaid service; or
                                            ``(bb) service at a monthly 
                                        rate that, when calculated for 
                                        a year, is not more than 1.5 
                                        percent of the lesser of--

                                                    ``(AA) the annual 
                                                median household income 
                                                for the county in which 
                                                the customer is located 
                                                (as determined by the 
                                                Bureau of the Census); 
                                                or

                                                    ``(BB) the annual 
                                                median household income 
                                                for the United States 
                                                (as determined by the 
                                                Bureau of the Census); 
                                                and

                                    ``(II) does not include data caps;
                    ``(B) deploy the broadband network and begin 
                providing broadband service to each customer that 
                desires broadband service--
                            ``(i) except as provided in clause (ii), 
                        not later than 2 years after the date on which 
                        the entity receives the subgrant; or
                            ``(ii) in the case of--
                                    ``(I) a subgrant awarded by an 
                                Indian Tribe, if exigencies require 
                                additional time, by a date specified by 
                                the Indian Tribe that is later than the 
                                date required under clause (i), which 
                                may not be later than 5 years after the 
                                date on which the entity receives the 
                                subgrant; or
                                    ``(II) a subgrant awarded by a 
                                State, if a delay in receiving a 
                                Federal, State, or local permit that is 
                                outside the control of the entity makes 
                                compliance with the deadline under 
                                clause (i) impossible, by a date 
                                specified by the State that is later 
                                than the date required under clause 
                                (i), which may not be later than 4 
                                years after the date on which the 
                                entity receives the subgrant;
                    ``(C) if laying fiber along a roadway, include 
                interspersed conduit access points at regular 
                intervals; and
                    ``(D) if the entity is no longer able to provide 
                broadband service to the area covered by the subgrant 
                at any time, sell the network capacity at a reasonable, 
                wholesale rate to 1 or more broadband service providers 
                or public sector entities.
            ``(3) Reporting mechanism.--A State or Indian Tribe that 
        awards a subgrant for the deployment of a broadband network 
        under paragraph (1) shall establish and publicize a mechanism 
        through which a resident of an area in which a broadband 
        network was deployed using the subgrant may report that the 
        resident does not have access to broadband service from the 
        broadband network.
            ``(4) Return of funds.--An entity that receives a subgrant 
        from a State or Indian Tribe under paragraph (1) and fails to 
        comply with any requirement under this subsection shall return 
        the entire amount of the subgrant to the State or Indian Tribe.
            ``(5) Reasonable permitting fees.--If an entity that 
        receives a subgrant under paragraph (1) requires access to a 
        right-of-way from a State or local government in order to 
        deploy the broadband network, the State or local government may 
        only charge the entity a reasonable fee in an amount that is 
        consistent with the amount of the fee that the State or local 
        government charges for utility permits.
            ``(6) Additional state or tribal requirements.--
                    ``(A) In general.--Subject to subparagraph (B), 
                nothing in this subsection shall be construed to 
                prohibit a State or Indian Tribe from imposing 
                additional requirements relating to the use of a 
                subgrant awarded under paragraph (1), including by 
                increasing the minimum speed of broadband service that 
                must be provided, if the requirements or conditions do 
                not conflict with this subsection.
                    ``(B) Limitation on matching requirements.--A State 
                or Indian Tribe may not require a community in which a 
                broadband network is deployed using a subgrant awarded 
                under paragraph (1) to provide matching funds if the 
                median household income of the community is not more 
                than 75 percent of the median household income of the 
                State or Indian Tribe, as applicable.
    ``(h) Relation to Other Public Funding for Broadband Deployment.--
Notwithstanding any other provision of law--
            ``(1) an entity that has received amounts from the Federal 
        Government or a State or local government for the deployment of 
        a broadband network in an unserved area may receive a subgrant 
        under subsection (g)(1) to deploy a broadband network in that 
        unserved area in accordance with this section; and
            ``(2) the receipt of a subgrant under subsection (g)(1) by 
        an entity described in paragraph (1) of this subsection shall 
        not affect the eligibility of the entity to receive the amounts 
        from the Federal Government or a State or local government 
        described in such paragraph (1).
    ``(i) Supplement Not Supplant.--Grant amounts awarded to a State or 
Indian Tribe under this section shall be used to supplement, and not 
supplant, the amounts that the State or Indian Tribe would otherwise 
make available for the purposes for which the grant amounts may be 
used.
    ``(j) Sense of Congress Regarding Federal Agency Coordination.--It 
is the sense of Congress that Federal agencies responsible for 
supporting broadband deployment, including the Commission, the 
Department of Commerce, and the Department of Agriculture, to the 
extent possible, should align the goals, application and reporting 
processes, and project requirements with respect to broadband 
deployment supported by those agencies.
    ``(k) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commission to carry out this section 
$31,000,000,000 for fiscal year 2020, to remain available through 
fiscal year 2029.

``SEC. 15. PREEMPTION OF STATE AND LOCAL RESTRICTIONS ON MUNICIPAL 
              BROADBAND.

    ``(a) Definitions.--In this section--
            ``(1) the term `advanced telecommunications capability' has 
        the meaning given the term in section 706(d) of the 
        Telecommunications Act of 1996 (47 U.S.C. 1302(d));
            ``(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 `Indian tribe' in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304);
            ``(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, including an 
                intergovernmental agency, authority, or 
                instrumentality;
                    ``(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, including an 
                        intergovernmental agency, authority, or 
                        instrumentality; or
                            ``(iii) an Indian Tribe.
    ``(b) Preemption.--No statute, regulation, or other legal 
requirement of a State or political subdivision thereof may prohibit, 
or have the effect of prohibiting or substantially inhibiting, any 
public provider from--
            ``(1) providing telecommunications services or advanced 
        telecommunications capability or services to any person or any 
        public or private entity; or
            ``(2) deploying a network and infrastructure used to 
        provide services, or capability and services, described in 
        paragraph (1).''.

SEC. 4. IMPLEMENTATION OF BROADBAND DATA ACT.

    (a) Funding.--
            (1) In general.--There is appropriated, out of amounts in 
        the Treasury not otherwise appropriated, to the Federal 
        Communications Commission $24,000,000, to remain available 
        until September 30, 2021, for implementing title VIII of the 
        Communications Act of 1934 (47 U.S.C. 641 et seq.), as added by 
        the Broadband DATA Act (Public Law 116-130).
            (2) Emergency designation.--
                    (A) In general.--The amounts provided by this 
                subsection are designated as an emergency requirement 
                pursuant to section 4(g) of the Statutory Pay-As-You-Go 
                Act of 2010 (2 U.S.C. 933(g)).
                    (B) Designation in senate.--In the Senate, this 
                section is designated as an emergency requirement 
                pursuant to section 4112(a) of H. Con. Res. 71 (115th 
                Congress), the concurrent resolution on the budget for 
                fiscal year 2018.
    (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 1 year after the date 
of enactment of the Broadband Reform and Investment to Drive Growth in 
the Economy Act of 2020,''.
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