[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2473 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 2473

To provide grants for the construction, improvement, and acquisition of 
                      middle mile infrastructure.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 26, 2021

  Ms. Rosen (for herself and Mr. King) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To provide grants for the construction, improvement, and acquisition of 
                      middle mile infrastructure.

    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 ``Middle Mile Broadband Deployment 
Act''.

SEC. 2. ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURE.

    (a) Definitions.--In this section:
            (1) Anchor institution.--The term ``anchor institution'' 
        means a school, library, medical or healthcare provider, 
        community college or other institution of higher education, or 
        other community support organization or entity.
            (2) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Commerce for Communications 
        and Information.
            (3) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (4) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State, political subdivision of a State, 
                Tribal government, technology company, electric 
                utility, utility cooperative, public utility district, 
                telecommunications company, telecommunications 
                cooperative, nonprofit foundation, nonprofit 
                corporation, nonprofit institution, nonprofit 
                association, regional planning counsel, Native entity, 
                or economic development authority; or
                    (B) a partnership of 2 or more entities described 
                in subparagraph (A).
            (5) FCC fixed broadband map.--The term ``FCC fixed 
        broadband map'' means the map created by the Commission under 
        section 802(c)(1)(B) of the Communications Act of 1934 (47 
        U.S.C. 642(c)(1)(B)).
            (6) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (7) Interconnect.--The term ``interconnect'' means the 
        physical linking of 2 networks for the mutual exchange of 
        traffic on non-discriminatory terms and conditions.
            (8) Internet exchange facility.--The term ``internet 
        exchange facility'' means physical infrastructure through which 
        internet service providers and content delivery networks 
        exchange internet traffic between their networks.
            (9) Middle mile infrastructure.--The term ``middle mile 
        infrastructure''--
                    (A) means any broadband infrastructure that does 
                not connect directly to an end-user location, including 
                an anchor institution; and
                    (B) includes--
                            (i) leased dark fiber, interoffice 
                        transport, backhaul, internet exchange 
                        facilities, carrier-neutral submarine cable 
                        landing stations, undersea cables, transport 
                        connectivity to data centers, special access 
                        transport, and other similar services; and
                            (ii) wired or private wireless broadband 
                        infrastructure, including microwave capacity, 
                        radio tower access, and other services or 
                        infrastructure for a private wireless broadband 
                        network, such as towers, fiber, and microwave 
                        links.
            (10) Middle mile grant.--The term ``middle mile grant'' 
        means a grant awarded under subsection (c).
            (11) Native entity.--The term ``Native entity'' means--
                    (A) an Indian Tribe;
                    (B) an Alaska Native Corporation;
                    (C) a Native Hawaiian organization (as defined in 
                section 6207 of the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 7517));
                    (D) the Department of Hawaiian Home Lands; and
                    (E) the Office of Hawaiian Affairs.
            (12) State.--The term ``State'' has the meaning given the 
        term in section 3 of the Communications Act of 1934 (47 U.S.C. 
        153).
            (13) Submarine cable landing station.--The term ``submarine 
        cable landing station'' means a cable landing station, as that 
        term is used in section 1.767(a)(5) of title 47, Code of 
        Federal Regulations (or any successor regulation), that can be 
        utilized to land a submarine cable by an entity that has 
        obtained a license under the first section of the Act entitled 
        ``An Act relating to the landing and operation of submarine 
        cables in the United States'', approved May 27, 1921 (47 U.S.C. 
        34) (commonly known as the ``Cable Landing Licensing Act'').
            (14) Tribal government.--The term ``Tribal government'' 
        means the recognized governing body of any Indian or Alaska 
        Native tribe, band, nation, pueblo, village, community, 
        component band, or component reservation, individually 
        identified (including parenthetically) in the list published 
        most recently as of the date of enactment of this Act pursuant 
        to section 104 of the Federally Recognized Indian Tribe List 
        Act of 1994 (25 U.S.C. 5131).
            (15) Trust land.--The term ``trust land'' has the meaning 
        given the term in section 3765 of title 38, United States Code.
            (16) Underserved.--The term ``underserved'', with respect 
        to an area, means an area--
                    (A) that is designated as a Tribally underserved 
                area through the process described in subsection (g); 
                or
                    (B) that--
                            (i) is of a standard size not larger than a 
                        census block, as established by the Commission;
                            (ii) is not an unserved area; and
                            (iii) as determined in accordance with the 
                        FCC fixed broadband map, does not have access 
                        to broadband service with--
                                    (I) except as provided in subclause 
                                (II)--
                                            (aa) a download speed of 
                                        not less than 100 megabits per 
                                        second; and
                                            (bb) an upload speed of not 
                                        less than 20 megabits per 
                                        second; or
                                    (II) minimum download and upload 
                                speeds established as benchmarks by the 
                                Commission for purposes of this Act 
                                after the date of enactment of this 
                                Act, if those minimum speeds are higher 
                                than the minimum speeds required under 
                                subclause (I).
            (17) Unserved.--The term ``unserved'', with respect to an 
        area, means an area--
                    (A) that is designated as a Tribally underserved 
                area through the process described in subsection (g); 
                or
                    (B) that--
                            (i) is of a standard size not larger than a 
                        census block, as established by the Commission; 
                        and
                            (ii) as determined in accordance with the 
                        FCC fixed broadband map, does not have access 
                        to broadband service--
                                    (I) except as provided in subclause 
                                (II)--
                                            (aa) a download speed of 
                                        not less than 25 megabits per 
                                        second; and
                                            (bb) an upload speed of not 
                                        less than 3 megabits per 
                                        second; or
                                    (II) minimum download and upload 
                                speeds established as benchmarks by the 
                                Commission for purposes of this Act 
                                after the date of enactment of this 
                                Act, if those minimum speeds are higher 
                                than the minimum speeds required under 
                                subclause (I).
    (b) Purpose; Sense of Congress.--
            (1) Purpose.--The purposes of this section are--
                    (A) to encourage the expansion and extension of 
                middle mile infrastructure to reduce the cost of 
                connecting unserved and underserved areas to the 
                backbone of the internet (commonly referred to as the 
                ``last mile''); and
                    (B) to promote broadband connection resiliency 
                through the creation of alternative network connection 
                paths that can be designed to prevent single points of 
                failure on a broadband network.
            (2) Sense of congress.--It is the sense of Congress that--
                    (A) in awarding middle mile grants, the Assistant 
                Secretary should give priority to--
                            (i) projects that leverage existing rights-
                        of-way, assets, and infrastructure to minimize 
                        financial, regulatory, and permitting 
                        challenges;
                            (ii) projects in which the eligible entity 
                        designs the route of the middle mile 
                        infrastructure to enable the connection of 
                        unserved anchor institutions, including Tribal 
                        anchor institutions; and
                            (iii) projects that--
                                    (I) improve the redundancy and 
                                resiliency of existing middle mile 
                                infrastructure, including those 
                                projects that facilitate 
                                interconnection with existing 
                                infrastructure, including add/drop 
                                capabilities at existing amplification 
                                sites and the ability to add splice 
                                cases with adequate fiber slack to 
                                build laterals that support future 
                                carrier-neutral interconnection 
                                facilities and connections to anchor 
                                institutions; and
                                    (II) reduce regulatory and 
                                permitting barriers to promote the 
                                construction of new middle mile 
                                infrastructure; and
                    (B) a regulated utility should use funds received 
                from a middle mile grant as a supplement to the core 
                utility capital investment plan of the regulated 
                utility to--
                            (i) facilitate increased broadband 
                        resiliency or redundancy of existing middle 
                        mile infrastructure; or
                            (ii) provide connectivity to unserved areas 
                        and underserved areas within the service 
                        territory of the utility and nearby 
                        communities.
    (c) Middle Mile Grants.--The Assistant Secretary shall establish a 
program under which the Assistant Secretary makes grants on a 
technology-neutral, competitive basis to eligible entities for the 
construction, improvement, or acquisition of middle mile 
infrastructure.
    (d) Applications for Grants.--
            (1) In general.--The Assistant Secretary shall establish an 
        application process for middle mile grants in accordance with 
        this subsection.
            (2) Evaluation of applications.--In establishing an 
        application process for middle mile grants under paragraph (1), 
        the Assistant Secretary shall give priority to an application 
        from an eligible entity that satisfies 2 or more of the 
        following conditions:
                    (A) The eligible entity adopts fiscally sustainable 
                middle mile strategies.
                    (B) The eligible entity commits to offering non-
                discriminatory interconnect to terrestrial and wireless 
                last mile broadband providers and any other party 
                making a bona fide request.
                    (C) The eligible entity identifies specific 
                terrestrial and wireless last mile broadband providers 
                that have--
                            (i) expressed written interest in 
                        interconnecting with middle mile infrastructure 
                        planned to be deployed by the eligible entity; 
                        and
                            (ii) demonstrated sustainable business 
                        plans or adequate funding sources with respect 
                        to the interconnect described in clause (i).
                    (D) The eligible entity has identified supplemental 
                investments or in-kind support (such as waived 
                franchise or permitting fees) that will accelerate the 
                completion of the planned project.
                    (E) The eligible entity has demonstrated that the 
                middle mile infrastructure will benefit national 
                security interests of the United States and the 
                Department of Defense.
            (3) Grant application competence.--The Assistant Secretary 
        shall include in the application process established under 
        paragraph (1) a requirement that an eligible entity provide 
        evidence that the eligible entity is capable of carrying out a 
        proposed project in a competent manner, including by 
        demonstrating that the eligible entity has the financial, 
        technical, and operational capability to carry out the proposed 
        project and operate the resulting middle mile broadband 
        network.
    (e) Eligibility.--
            (1) Prioritization.--To be eligible to obtain a middle mile 
        grant, an eligible entity shall agree, in the application 
        submitted through the process established under subsection (d), 
        to prioritize--
                    (A) connecting middle mile infrastructure to last 
                mile networks that provide or plan to provide broadband 
                service to households in unserved areas;
                    (B) connecting non-contiguous trust lands; or
                    (C) the offering of wholesale broadband service at 
                reasonable rates on a carrier-neutral basis.
            (2) Buildout timeline.--Subject to paragraph (5), to be 
        eligible to obtain a middle mile grant, an eligible entity 
        shall agree, in the application submitted through the process 
        established under subsection (d), to complete buildout of the 
        middle mile infrastructure described in the application by not 
        later than 5 years after the date on which amounts from the 
        grant are made available to the eligible entity.
            (3) Project eligibility requirements.--
                    (A) Capability to support retail broadband 
                service.--A project shall be eligible for a middle mile 
                grant if, at the time of the application, the Assistant 
                Secretary determines that the proposed middle mile 
                broadband network--
                            (i) will be capable of supporting retail 
                        broadband service that meets speed, latency, 
                        reliability, consistency in quality of service, 
                        and related criteria, as the Assistant 
                        Secretary shall determine; and
                            (ii) will be able to easily scale speeds 
                        over time to--
                                    (I) meet the evolving connectivity 
                                needs of households, businesses, and 
                                anchor institutions; and
                                    (II) support the deployment of 5G, 
                                successor wireless technologies, and 
                                other advanced services.
                    (B) Mapping data.--
                            (i) Use of most recent data.--In mapping 
                        out gaps in broadband coverage, an eligible 
                        entity that uses a middle mile grant to build 
                        out terrestrial or fixed wireless middle mile 
                        infrastructure shall use the most recent 
                        broadband mapping data available from one of 
                        the following sources:
                                    (I) The FCC fixed broadband map.
                                    (II) The State in which the area 
                                that will be served by the middle mile 
                                infrastructure is located, or the 
                                Tribal government with jurisdiction 
                                over the area that will be served by 
                                the middle mile infrastructure (if 
                                applicable).
                                    (III) Speed and usage surveys of 
                                existing broadband service that--
                                            (aa) demonstrate that more 
                                        than 25 percent of the 
                                        respondents display a broadband 
                                        service speed that is slower 
                                        than the speeds required for an 
                                        area to qualify as unserved; 
                                        and
                                            (bb) are conducted by--

                                                    (AA) the eligible 
                                                entity;

                                                    (BB) the State in 
                                                which the area that 
                                                will be served by the 
                                                middle mile 
                                                infrastructure is 
                                                located; or

                                                    (CC) the Tribal 
                                                government with 
                                                jurisdiction over the 
                                                area that will be 
                                                served by the middle 
                                                mile infrastructure (if 
                                                applicable).

                            (ii) Sharing facility locations.--
                                    (I) Definition.--In this clause, 
                                the term ``covered recipient'', with 
                                respect to an eligible entity, means--
                                            (aa) the Assistant 
                                        Secretary;
                                            (bb) the Commission;
                                            (cc) the Tribal government 
                                        with jurisdiction over the area 
                                        that will be served by the 
                                        middle mile infrastructure (if 
                                        applicable); and
                                            (dd) the State broadband 
                                        office for the State in which 
                                        the area that will be served by 
                                        the middle mile infrastructure 
                                        is located.
                                    (II) Provision of information.--
                                Subject to subclauses (III) and (IV), 
                                an eligible entity that constructs, 
                                improves, or acquires middle mile 
                                infrastructure using a middle mile 
                                grant shall share with each covered 
                                recipient the location of all the 
                                middle mile broadband infrastructure.
                                    (III) Format.--An eligible entity 
                                shall provide the information required 
                                under subclause (II) to each covered 
                                recipient in a uniform format 
                                determined by the Assistant Secretary.
                                    (IV) Protection of information.--
                                            (aa) In general.--The 
                                        information provided by an 
                                        eligible entity under subclause 
                                        (II) may only be used for 
                                        purposes of carrying out the 
                                        grant program under subsection 
                                        (c) and any reporting related 
                                        thereto.
                                            (bb) Legal defenses.--

                                                    (AA) In general.--A 
                                                covered recipient may 
                                                not receive information 
                                                under subclause (II) 
                                                unless the covered 
                                                recipient agrees in 
                                                writing to assert all 
                                                available legal 
                                                defenses to the 
                                                disclosure of the 
                                                information if a person 
                                                or entity seeks 
                                                disclosure from the 
                                                covered recipient under 
                                                any Federal, State, or 
                                                local public disclosure 
                                                law.

                                                    (BB) Rule of 
                                                construction.--Nothing 
                                                in subitem (AA) is 
                                                intended to be or shall 
                                                be construed as a 
                                                waiver of Tribal 
                                                sovereign immunity.

                    (C) Connection to anchor institutions.--To the 
                extent feasible, an eligible entity that receives a 
                middle mile grant to build middle mile infrastructure 
                using fiber optic technology shall--
                            (i) ensure that the proposed middle mile 
                        broadband network will be capable of providing 
                        broadband to an anchor institution at a speed 
                        of not less than--
                                    (I) 1 gigabit per second for 
                                downloads; and
                                    (II) 1 gigabit per second for 
                                uploads to an anchor institution; and
                            (ii) include direct interconnect facilities 
                        that will facilitate the provision of broadband 
                        service to anchor institutions located within 
                        1,000 feet of the middle mile infrastructure.
                    (D) Interconnection and nondiscrimination.--
                            (i) In general.--An eligible entity that 
                        receives a middle mile grant to build a middle 
                        mile project using fiber optic technology shall 
                        offer interconnection in perpetuity, where 
                        technically feasible without exceeding current 
                        or reasonably anticipated capacity limitations, 
                        on reasonable rates and terms to be negotiated 
                        with requesting parties.
                            (ii) Nature of interconnection.--The 
                        interconnection required to be offered under 
                        clause (i) includes both the ability to connect 
                        to the public internet and physical 
                        interconnection for the exchange of traffic.
                            (iii) Inclusion in application.--An 
                        applicant for a middle mile grant shall 
                        disclose the applicant's proposed 
                        interconnection, nondiscrimination, and network 
                        management practices in the application 
                        submitted through the process established under 
                        subsection (d).
            (4) Accountability.--The Assistant Secretary shall--
                    (A) establish sufficient transparency, 
                accountability, reporting, and oversight measures for 
                the grant program established under subsection (c) to 
                deter waste, fraud, and abuse of program funds; and
                    (B) establish--
                            (i) buildout requirements for each eligible 
                        entity that receives a middle mile grant, which 
                        shall require the completion of a certain 
                        percentage of project miles by a certain date; 
                        and
                            (ii) penalties, which may include 
                        rescission of funds, for grantees that do not 
                        meet requirements described in clause (i) or 
                        the deadline under paragraph (2).
            (5) Extensions.--
                    (A) In general.--At the request of an eligible 
                entity, the Assistant Secretary may extend the buildout 
                deadline under paragraph (2) by not more than 1 year if 
                the eligible entity certifies that--
                            (i) the eligible entity has a plan for use 
                        of the middle mile grant;
                            (ii) the project to build out middle mile 
                        infrastructure is underway; or
                            (iii) extenuating circumstances require an 
                        extension of time to allow completion of the 
                        project to build out middle mile 
                        infrastructure.
                    (B) Effect on interim buildout requirements.--If 
                the Assistant Secretary grants an extension under 
                subparagraph (A), the Assistant Secretary shall modify 
                any buildout requirements established under paragraph 
                (4)(B)(i) as necessary.
    (f) Federal Share.--The amount of a middle mile grant awarded to an 
eligible entity may not exceed 70 percent of the total project cost.
    (g) Special Rules for Tribal Governments.--
            (1) Waivers; alternative requirements.--The Assistant 
        Secretary, in consultation with Tribal governments and Native 
        entities, may waive, or specify alternative requirements for, 
        any provision of subsections (c) through (f) if the Assistant 
        Secretary finds that the waiver or alternative requirement is 
        necessary--
                    (A) for the effective delivery and administration 
                of middle mile grants to Tribal governments; or
                    (B) the construction, improvement, or acquisition 
                of middle mile infrastructure on trust land.
            (2) Tribally unserved areas; tribally underserved areas.--
        The Assistant Secretary, in consultation with Tribal 
        governments and Native entities, shall develop a process for 
        designating Tribally unserved areas and Tribally underserved 
        areas for purposes of this section.
    (h) Maintenance of Standards.--Section 602 of the Public Works and 
Economic Development Act of 1965 (42 U.S.C. 3212) shall apply to any 
entity that receives assistance, whether directly or indirectly, under 
any program--
            (1) that pertains to deploying broadband service; and
            (2) for which the Assistant Secretary has administrative 
        responsibility as provided by law or by delegation of authority 
        pursuant to law.
    (i) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,000,000,000 for fiscal years 
2022 through 2026.
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