[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4201 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4201

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 SENATE OF THE UNITED STATES

                              July 2, 2020

  Mr. Portman (for himself, Mr. Brown, Mr. Bennet, Mr. Braun, and Mr. 
Jones) introduced the following bill; which was read twice and referred 
       to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 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) Definitions.--In this section:
            (1) Broadband internet access service.--The term 
        ``broadband internet access service'' has the meaning given the 
        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) Covered report and order.--The term ``covered report 
        and order'' means 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).
            (4) Gigabit broadband internet access service.--The term 
        ``gigabit broadband internet access service'' means broadband 
        internet access service with a downstream speed of not less 
        than 1 gigabit per second.
            (5) Phase i auction; phase ii auction.--The terms ``Phase I 
        auction'' and ``Phase II auction'' mean the Rural Digital 
        Opportunity Fund Phase I auction and the Rural Digital 
        Opportunity Fund Phase II auction, respectively, provided for 
        in the covered Report and Order.
            (6) Phase i support; phase ii support.--The terms ``Phase I 
        support'' and ``Phase II support'' mean support awarded under 
        the Phase I auction or Phase II auction, respectively.
    (b) Modification of Auction Framework.--
            (1) In general.--The Commission shall modify the framework 
        for the Phase I auction adopted in the covered report and order 
        in accordance with this subsection.
            (2) Long-form applications.--Before the Phase I auction, 
        during a period beginning not earlier than the date that is 30 
        days after the date on which the Commission begins accepting 
        short-form applications and ending on September 15, 2020, the 
        Commission shall accept long-form applications from applicants 
        that are willing to commit to the schedule described in 
        paragraph (4)(C) for deployment of networks capable of 
        providing gigabit broadband internet access service.
            (3) Areas with only one willing and qualified applicant.--
        If the long-form applications accepted under paragraph (2) 
        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 in accordance with the schedule 
        described in paragraph (4)(C), the Commission shall, not later 
        than the earlier of October 15, 2020, or 14 days before the 
        start of the Phase I auction--
                    (A) award to the applicant Phase I support for that 
                census block or census block group, at 100 percent of 
                the reserve price (in this paragraph referred to as the 
                ``award'');
                    (B) remove the census block or census block group 
                from the Phase I auction; and
                    (C) reduce the budget for--
                            (i) the Phase I auction by 50 percent of 
                        the amount of the award; and
                            (ii) the Phase II auction by 50 percent of 
                        the amount of the award.
            (4) Required demonstrations and commitment.--The Commission 
        shall require an applicant that submits a long-form application 
        under paragraph (2), in order for the 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 not less 
                than 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 the applicant if the applicant becomes 
                a winning bidder and is awarded support; and
                    (C) to commit to--
                            (i) begin construction not later than 180 
                        days after the date on which the Commission 
                        authorizes funding for the applicant; and
                            (ii) begin to make gigabit broadband 
                        internet access service available in not less 
                        than 1 awarded census block not later than 1 
                        year after the date on which the Commission 
                        authorizes funding for the applicant.
            (5) Opportunity to cure deficiencies.--A recipient of an 
        award of support under paragraph (3)(A) shall have a reasonable 
        opportunity, of not less than 90 days after the date on which 
        the award of support is made, to cure any deficiencies in a 
        long-form application submitted under paragraph (2).
            (6) Revocation of award.--
                    (A) In general.--Subject to subparagraph (B), if a 
                recipient of an award of support under paragraph (3)(A) 
                for a census block or census block group fails to meet 
                the deployment schedule to which the recipient 
                committed under paragraph (4)(C), the Commission shall 
                revoke the award of support and include that census 
                block or census block group for competitive bidding in 
                the Phase II auction.
                    (B) Extension.--The Commission may extend the 
                deployment schedule to which a recipient committed 
                under paragraph (4)(C) for good cause, due to 
                extenuating circumstances outside the control of the 
                recipient, if the Commission finds that the recipient 
                is making good faith efforts to overcome those 
                circumstances.
            (7) Eligible telecommunications carrier designation not 
        required.--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 Phase I support or Phase 
        II support.

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 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, in the 
matter preceding subparagraph (A), by striking ``create'' and inserting 
``create, not later than October 1, 2020''.
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