[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3654 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 3654

   To expand access to electromagnetic spectrum for the provision of 
       broadband service in rural areas, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 1, 2021

Mr. Cawthorn (for himself and Mr. Kelly of Mississippi) introduced the 
   following bill; which was referred to the Committee on Energy and 
Commerce, and in addition to the Committee on Agriculture, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
   To expand access to electromagnetic spectrum for the provision of 
       broadband service in rural areas, 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. SHORT TITLE.

    This Act may be cited as the ``Rural Opportunities for Broadband in 
Underserved Settlements and Towns Act'' or the ``ROBUST Act''.

SEC. 2. ACCESS TO ELECTROMAGNETIC SPECTRUM FOR PROVISION OF BROADBAND 
              SERVICE IN RURAL AREAS.

    (a) Evaluation of Spectrum Use.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Commission shall conduct an 
        evaluation of all covered licenses that are in effect as of the 
        date of the enactment of this Act in order to determine whether 
        spectrum usage rights under such licenses are unutilized or 
        underutilized in rural areas.
            (2) Effect of infrastructure deployment on determination.--
        In conducting the evaluation under paragraph (1), the 
        Commission may not determine that spectrum usage rights are 
        unutilized or underutilized if--
                    (A) in the case of a license that contains terms 
                regarding when the licensee is required to deploy 
                infrastructure or to begin utilizing such spectrum 
                usage rights, the licensee is in compliance with such 
                terms; or
                    (B) in the case of a license that does not contain 
                such terms--
                            (i) the licensee is, at the time when the 
                        Commission conducts the evaluation, in the 
                        process of deploying infrastructure to utilize 
                        such spectrum usage rights; and
                            (ii) after the deployment is complete, the 
                        spectrum usage rights will not be unutilized or 
                        underutilized.
            (3) Recommendation to lease unutilized or underutilized 
        spectrum usage rights.--If the Commission determines in the 
        evaluation conducted under paragraph (1) that any spectrum 
        usage rights under a covered license are unutilized or 
        underutilized in a rural area, the Commission shall, not later 
        than 90 days after completing such evaluation, issue a 
        recommendation to the licensee that the licensee lease such 
        unutilized or underutilized spectrum usage rights to other 
        entities for the provision of broadband service in such area, 
        in accordance with subpart X of part 1 of title 47, Code of 
        Federal Regulations (or any successor regulation).
    (b) Sense of Congress on Reduction of License Sizes.--It is the 
sense of Congress that, in issuing any covered license (except for a 
renewal of such a license), the Commission should ensure that the 
geographic area in which such license permits the use of spectrum is as 
small as feasible, as determined by the Commission.
    (c) Definitions.--In this section:
            (1) Broadband service.--The term ``broadband service'' 
        means broadband internet access service (as defined 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 license.--The term ``covered license'' means a 
        license for the use of electromagnetic spectrum issued by the 
        Commission under the Communications Act of 1934 (47 U.S.C. 151 
        et seq.)--
                    (A) under the terms of which a licensee may use 
                such spectrum for the provision of broadband service, 
                regardless of whether such terms expressly refer to the 
                provision of broadband service; and
                    (B) any part of the geographic scope of which 
                includes a rural area, in whole or in part.
            (4) Rural area.--The term ``rural area'' means a county 
        with a population density of fewer than 100 individuals per 
        square mile.

SEC. 3. ELIGIBILITY AND PERFORMANCE REQUIREMENTS UNDER THE BROADBAND 
              RECONNECT PROGRAM.

    In carrying out the broadband loan and grant pilot program 
authorized under section 779 of division A of the Consolidated 
Appropriations Act, 2018 (Public Law 115-141; 132 Stat. 399) (commonly 
known as the ``Broadband ReConnect Program'', ``ReConnect Program'', or 
``Rural eConnectivity Pilot Program''), the Secretary of Agriculture 
shall--
            (1) with respect to any award receiving grant assistance 
        under the program, give the highest priority to those projects 
        providing a download speed of at least 25 megabits per second 
        and an upload speed of at least 3 megabits per second;
            (2) have a licensed engineer or otherwise qualified person 
        available to provide guidance to any new applicant for 
        assistance from the program; and
            (3) use a portion of the amounts made available for the 
        program to cover the costs incurred by applicants for a loan 
        under the program to prepare required preliminary engineering 
        reports.
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