[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2911 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 2911

 To amend the Communications Act of 1934 to provide funding to States 
 for extending broadband service to unserved areas in partnership with 
          broadband service providers, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 30, 2021

   Mr. Cornyn (for himself, Mr. Manchin, Ms. Collins, and Ms. Rosen) 
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 funding to States 
 for extending broadband service to unserved areas in partnership with 
          broadband service providers, 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 ``American Broadband Buildout to 
Eliminate America's Digital Divide Act of 2021''.

SEC. 2. EXPANSION OF BROADBAND ACCESS IN UNSERVED AREAS.

    (a) In General.--The Communications Act of 1934 (47 U.S.C. 151 et 
seq.) is amended--
            (1) in title I (47 U.S.C. 151 et seq.), by adding at the 
        end the following:

``SEC. 14. EXPANSION AND ADOPTION OF BROADBAND SERVICE THROUGH STATE 
              FUNDING.

    ``(a) Definitions.--In this section:
            ``(1) Broadband funding partner.--The term `broadband 
        funding partner' means an eligible entity that receives funding 
        for a project under this section.
            ``(2) Broadband service.--The term `broadband service'--
                    ``(A) means a mass-market retail service by wire or 
                radio that provides the capability to transmit data to 
                and receive data from all or substantially all internet 
                endpoints, including any capabilities that are 
                incidental to and enable the operation of the 
                communications service;
                    ``(B) includes any service that is a functional 
                equivalent of the service described in subparagraph 
                (A); and
                    ``(C) does not include dial-up internet access 
                service.
            ``(3) Eligible entity.--The term `eligible entity' means a 
        private provider of broadband service, or a public-private 
        partnership or cooperative (including a subsidiary of a 
        cooperative), that--
                    ``(A) provides broadband service; and
                    ``(B) has submitted to the Commission, in addition 
                to any data required to be submitted under section 802, 
                data regarding the service option described in 
                subsection (f)(1)(C) that the entity would offer if the 
                entity were to receive funding under this section.
            ``(4) Eligible household.--The term `eligible household' 
        has the meaning given the term in section 904(a) of title IX of 
        division N of the Consolidated Appropriations Act, 2021 (Public 
        Law 116-260).
            ``(5) High cost area.--The term `high cost area' means an 
        unserved area in which the cost of building out broadband 
        service is higher, as compared with the average such cost in 
        the United States (and as determined by the Commission), 
        because of--
                    ``(A) the remote location of the area;
                    ``(B) the population density of the area;
                    ``(C) the unique topography of the area;
                    ``(D) a high number of eligible households in the 
                area; or
                    ``(E) any other factor that contributes to the cost 
                of building out that service.
            ``(6) Location.--The term `location' has the meaning given 
        the term by the Commission under rules and guidance that are in 
        effect, as of the date of enactment of this section.
            ``(7) Project.--The term `project' means an undertaking by 
        a broadband funding partner under this section to construct and 
        deploy infrastructure for the provision of broadband service.
            ``(8) Unserved area.--The term `unserved area' means an 
        area--
                    ``(A) that is of a standard size, as established by 
                the Commission; and
                    ``(B) as determined in accordance with the maps 
                created under section 802(c)(1), not less than 80 
                percent of which--
                            ``(i) has no access to broadband service; 
                        or
                            ``(ii) does not have access to reliable 
                        broadband service offered with a download speed 
                        of at least 25 megabits per second and an 
                        upload speed of at least 3 megabits per second.
    ``(b) Program Established.--
            ``(1) In general.--Not later than 100 days after the date 
        of enactment of this section, or the date on which the maps 
        created under section 802(c)(1) are made public, whichever is 
        later, the Commission shall establish a program for States to 
        expand access to broadband service in unserved areas.
            ``(2) Relationship to universal service.--The program 
        established under paragraph (1) shall be separate from any 
        universal service program established under section 254.
            ``(3) Technical support and assistance.--As part of the 
        program established under paragraph (1), the Commission, in 
        collaboration with the Assistant Secretary of Commerce for 
        Communications and Information, shall provide technical support 
        and assistance to States to facilitate the establishment of 
        programs under subsection (c).
    ``(c) State Program Requirements.--A State seeking funding under 
the program established under subsection (b) shall create a program 
that--
            ``(1) implements the requirements of this section;
            ``(2) does not favor--
                    ``(A) the use of any particular technology; or
                    ``(B) any particular eligible entity or class of 
                eligible entities;
            ``(3) encourages all eligible entities, including small 
        broadband providers, to participate in the program through 
        streamlined regulatory requirements for all broadband funding 
        partners;
            ``(4) takes into account--
                    ``(A) the size and scope of each unserved area 
                proposed to be served by each project carried out using 
                the funds;
                    ``(B) the speed of the broadband service provided 
                by eligible entities seeking funding for projects under 
                the program; and
                    ``(C) the ability of the eligible entities that 
                would receive funding for projects under the program to 
                complete the proposed deployment and provision of 
                broadband service under those projects in the areas 
                served by the projects;
            ``(5) may take into account--
                    ``(A) the speed with which the eligible entities 
                seeking funding for projects under the program can 
                complete the proposed deployment and provision of 
                broadband service to households under those projects, 
                which may include a review of the topographical effects 
                on the areas being served by those projects as a result 
                of the technology to be deployed under those projects; 
                and
                    ``(B) whether an eligible entity seeking funding 
                for a project under the program has the ability or 
                intention to leverage nearby or adjacent broadband 
                service infrastructure to facilitate the deployment and 
                provision of broadband service proposed under that 
                project;
            ``(6) establishes--
                    ``(A) the size and proportion of the matching funds 
                to be committed by an eligible entity seeking funding 
                for a project under the program, which--
                            ``(i) may not be provided from any funds 
                        derived from government grants, loans, or 
                        subsidies; and
                            ``(ii) may not be less than 25 percent of 
                        the amount provided by the State to the 
                        eligible entity with respect to the project, 
                        except that the State may reduce that 
                        threshold, or waive the matching fund 
                        requirement under this subparagraph, if--
                                    ``(I) the area proposed to be 
                                served by the project is a high cost 
                                area;
                                    ``(II) the applicable eligible 
                                entity or the State can establish that 
                                the reduction or waiver, as applicable, 
                                is necessary to ensure the deployment 
                                of broadband in the area proposed to be 
                                served by the project; and
                                    ``(III) the State gives a 
                                preference for other applications 
                                submitted by that eligible entity in 
                                which the eligible entity does not seek 
                                such a reduction or waiver;
                    ``(B) periodic buildout milestones, reporting 
                requirements, and certification by broadband funding 
                partners; and
                    ``(C) a maximum buildout timeframe for a broadband 
                funding partner of 4 years, beginning on the date on 
                which funding is provided to the broadband funding 
                partner to undertake a project, except that the State 
                may extend that timeframe if the broadband funding 
                partner establishes that the failure to complete the 
                project within that timeframe is due to--
                            ``(i) delays by third parties, including 
                        governmental entities, in providing necessary 
                        permits, approvals, or access to (or 
                        construction of) poles; or
                            ``(ii) a State or federally declared 
                        disaster;
            ``(7) contains sufficient notice, transparency, 
        accountability, and oversight measures to--
                    ``(A) provide the public and broadband funding 
                partners with notice of the funding provided under this 
                section; and
                    ``(B) deter waste, fraud, and abuse of program 
                funds;
            ``(8) establishes procedures for the recovery of funds, in 
        whole or in part, from a broadband funding partner if the 
        broadband funding partner--
                    ``(A) defaults or fails to comply with the buildout 
                requirements established for the project with respect 
                to which the funding relates; and
                    ``(B) has not received an extension under paragraph 
                (6)(C);
            ``(9) establishes procedures for expedited approval for all 
        necessary access to (or construction of) poles, dark or lit 
        fiber, communications towers, State and local rights-of-way 
        permits, or other approvals in the areas of the State served by 
        projects under the program;
            ``(10) provides that broadband funding partners are not 
        required to be designated as eligible telecommunications 
        carriers under section 214(e);
            ``(11) provides that an eligible entity shall grant access 
        to poles, ducts, conduits, and rights-of-way that the eligible 
        entity owns or controls within the State at rates, terms, and 
        conditions regulated by the Commission under, or the State 
        consistent with, section 224 and the rules of the Commission 
        (unless application of the rules of the Commission would result 
        in higher costs for the applicable item), without regard to 
        whether that section otherwise applies with respect to those 
        items;
            ``(12) except as otherwise explicitly provided in this 
        section, does not require, or include consideration of, the 
        imposition of any new or additional regulatory obligations on 
        broadband funding partners beyond those required under 
        applicable Federal law; and
            ``(13) maximizes the number of unserved locations proposed 
        to be served by each project carried out using the funds.
    ``(d) Distribution of Funds to States.--
            ``(1) Commission distributions.--
                    ``(A) In general.--Not later than 200 days after 
                the date of enactment of this section, or the date on 
                which the maps created under section 802(c)(1) are made 
                public, whichever is later, the Commission, under the 
                program established under subsection (b), and in 
                accordance with the requirements of this section, 
                shall, with respect to the amounts made available to 
                carry out this section--
                            ``(i) reserve 10 percent of those amounts 
                        for distributions under subparagraph (B) to 
                        States that have established programs under 
                        subsection (c); and
                            ``(ii) of the amounts not reserved under 
                        clause (i), make distributions under paragraph 
                        (2) to States that have established programs 
                        under subsection (c).
                    ``(B) Distributions for high cost areas.--The 
                amount of a distribution to a State under this 
                subparagraph shall be calculated as follows:
                            ``(i) Divide the number of high cost areas 
                        in the State by the total number of high cost 
                        areas in the United States.
                            ``(ii) Multiply the quotient obtained under 
                        clause (i) by the total amount reserved under 
                        subparagraph (A)(i).
            ``(2) Amount of distributions for project awards.--The 
        amount of a distribution to a State under paragraph (1) shall 
        be calculated as follows:
                    ``(A) Divide the number of locations in unserved 
                areas in the State by the total number of locations in 
                unserved areas in the United States, as determined in 
                accordance with the maps created under section 
                802(c)(1).
                    ``(B) Multiply the quotient obtained under 
                subparagraph (A) of this paragraph by the amount 
                described in paragraph (1)(A)(ii).
            ``(3) State entitlement.--With respect to a State that has 
        established a program under subsection (c), the State shall 
        receive a distribution under both of paragraphs (1)(B) and (2) 
        of this subsection.
    ``(e) State Use of Program Funds.--
            ``(1) In general.--Not later than 120 days after the date 
        on which a State receives funds under subsection (d), and 
        subject to paragraph (2), the State shall make awards to 
        eligible entities through the program established by the State 
        under subsection (c).
            ``(2) Funds used solely for unserved areas.--A State to 
        which funds are distributed under subsection (d)--
                    ``(A) may not--
                            ``(i) use any portion of those funds for a 
                        project in any area that is not an unserved 
                        area, except that such a project may deploy 
                        infrastructure that traverses a served area in 
                        order to provide broadband service to an 
                        unserved area; or
                            ``(ii) use more than 5 percent of those 
                        funds to administer the program established by 
                        the State under subsection (c);
                    ``(B) shall--
                            ``(i) before making any awards described in 
                        paragraph (1), consult the maps created under 
                        section 802(c)(1), as updated through the 
                        resolution of any challenges brought under 
                        section 802(b)(5), to create a list of areas 
                        within the State that are unserved areas, which 
                        the State shall make publicly available;
                            ``(ii) from the list created under clause 
                        (i), remove any area in the State that is the 
                        subject of an enforceable commitment by a 
                        broadband service provider to provide broadband 
                        service to the area with minimum speed 
                        commitments described in subclause (III), even 
                        if, in any such area, the broadband service is 
                        not yet available, provided that the broadband 
                        service provider is meeting any applicable 
                        build-out deadlines, including with respect to 
                        an award disbursed under--
                                    ``(I) the Rural Digital Opportunity 
                                Fund Phase I 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);
                                    ``(II) subpart D of part 54 of 
                                title 47, Code of Federal Regulations, 
                                or any successor regulations;
                                    ``(III) any Rural Utilities Service 
                                broadband funding program with a 
                                minimum speed commitment of 25 megabits 
                                per second for downloads and 3 megabits 
                                per second for uploads; or
                                    ``(IV) any existing program 
                                established by the State with minimum 
                                speed commitments described in 
                                subclause (III);
                            ``(iii) establish a streamlined process 
                        that allows a broadband service provider, the 
                        State, or a unit of local government within the 
                        State not less than 30 days after the date on 
                        which the list created under clause (i), as 
                        updated under clause (ii), is made publicly 
                        available to bring a challenge regarding 
                        whether an area on that final list is an 
                        unserved area;
                            ``(iv) provide a written notice regarding 
                        how each challenge brought under clause (iii) 
                        was decided, including the reasons for that 
                        decision;
                            ``(v) update the list created under clause 
                        (i), as updated under clause (ii), to reflect 
                        the results of challenges brought under clause 
                        (iii);
                            ``(vi) not later than 10 years after the 
                        date of enactment of this section, return any 
                        unused portion of those funds to the 
                        Commission;
                            ``(vii) not later than 2 years after the 
                        date on which the funds are distributed to the 
                        State, and biennially thereafter, submit to the 
                        Commission a report--
                                    ``(I) regarding how the State spent 
                                those funds during the period covered 
                                by the report, which shall include a 
                                description of each award made with 
                                those funds; and
                                    ``(II) that contains a 
                                certification that the State has 
                                complied with the requirements of this 
                                section during the period covered by 
                                the report; and
                            ``(viii) match not less than 25 percent of 
                        the amount of those funds, as confirmed by the 
                        Commission in a manner determined by the 
                        Commission; and
                    ``(C) to satisfy the requirement under subparagraph 
                (B)(viii), may use any manner of implementation that 
                the State determines appropriate, including by using 
                funds--
                            ``(i) the source of which is a local 
                        government in the State; or
                            ``(ii)(I) that were provided to the State 
                        under--
                                    ``(aa) the Families First 
                                Coronavirus Response Act (Public Law 
                                116-127; 134 Stat. 178);
                                    ``(bb) the CARES Act (Public Law 
                                116-136; 134 Stat. 281);
                                    ``(cc) the Consolidated 
                                Appropriations Act, 2021 (Public Law 
                                116-260; 134 Stat. 1182);
                                    ``(dd) the American Rescue Plan Act 
                                of 2021 (Public Law 117-2; 135 Stat. 
                                4); or
                                    ``(ee) any amendment made by an Act 
                                described in any of items (aa) through 
                                (dd); and
                            ``(II) the purpose of which, as described 
                        in the applicable provision of law described in 
                        subclause (I), is for the deployment of 
                        broadband service.
    ``(f) Project Requirements.--With respect to a project funded 
through the program established under subsection (b)--
            ``(1) the project shall--
                    ``(A) adhere to the same quality-of-service 
                standards established by the Commission with respect to 
                the Rural Digital Opportunity Fund set forth in subpart 
                J of part 54 of title 47, Code of Federal Regulations 
                (or any successor regulations);
                    ``(B) provide reliable broadband service at a speed 
                of not less than 100 megabits per second for downloads 
                and 20 megabits per second for uploads; and
                    ``(C) offer a low-cost broadband service option for 
                low-income subscribers, as defined by the Commission, 
                with the price and eligibility for the service option 
                determined by the applicable broadband funding partner; 
                and
            ``(2) the applicable broadband funding partner, in 
        collaboration with the applicable State, shall carry out public 
        awareness campaigns in service areas that are designed to 
        highlight the value and benefits of broadband service in order 
        to increase the adoption of broadband service by consumers.
    ``(g) Promoting Broadband Deployment.--Not later than 1 year after 
the date on which a State receives funding under this section, the 
State shall publish on a publicly available website of the State a 
report that analyzes the following:
            ``(1) The process by which the State, or any local 
        authority within the State, acts on a new request to access 
        poles, ducts, conduits, or rights-of-way, which shall include 
        an analysis of--
                    ``(A) the speed with which the State or local 
                authority, as applicable, responds to such a request; 
                and
                    ``(B) the impact that granting such a request not 
                later than 30 days after the date on which the request 
                is submitted would have on the speed at which broadband 
                service is deployed in the State.
            ``(2) The process by which the State, or any local 
        authority within the State, acts on a nonemergency request for 
        authorization to place, construct, or modify facilities with 
        respect to broadband service that are supported through access 
        to poles, ducts, conduits, or rights-of-way, which shall 
        include an analysis of--
                    ``(A) the speed with which the State or local 
                authority, as applicable, responds to such a request; 
                and
                    ``(B) the impact that granting such a request not 
                later than 30 days after the date on which the request 
                is submitted would have on the speed at which broadband 
                service is deployed in the State.
            ``(3) The impact on the deployment of broadband service 
        within the State of not requiring a permit or other 
        authorization for emergency work performed in the rights-of-way 
        if a broadband facility supported through access to poles, 
        ducts, conduits, dark or lit fiber, or rights-of-way notifies 
        the State, or the applicable local authority within the State, 
        regarding the emergency and the associated work.
            ``(4) The impact on the deployment of broadband service 
        within the State of requiring the State, or any instrumentality 
        of the State, whenever the State or instrumentality intends to 
        modify or alter a pole, duct, conduit, dark or lit fiber, or 
        right-of-way, or conduct road work in which there will be open 
        trenches, to provide prior written notification of that action 
        to any broadband service provider, or other entity, that has 
        obtained an attachment to a pole, duct, or conduit, or right-
        of-way that may be affected, so that the applicable entity may 
        have a reasonable opportunity to add to or modify its existing 
        attachment or facilities.
    ``(h) Guidance.--The Commission may provide guidance to States with 
respect to service obligations, procedures, reporting requirements, and 
other requirements in carrying out programs established under this 
section.
    ``(i) Rule of Construction.--Nothing in this section may be 
construed to permit the Commission to use any data submitted by a 
provider of broadband service under this section to issue or establish 
additional regulatory requirements with respect to that provider.''; 
and
            (2) in section 802(c) (47 U.S.C. 642(c))--
                    (A) in paragraph (1)(A)--
                            (i) in clause (i), by striking ``and'' at 
                        the end;
                            (ii) in clause (ii), by adding ``and'' 
                        after the semicolon at the end; and
                            (iii) by adding at the end the following:
                            ``(iii) the areas of the United States in 
                        which options described in section 14(f)(1)(C) 
                        are available;'';
                    (B) in paragraph (5), by striking ``and'' at the 
                end;
                    (C) in paragraph (6)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``, including on a publicly 
                        available website,'' after ``make public''; and
                            (ii) in subparagraph (B), by striking the 
                        period at the end and inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(7) beginning not later than 18 months after the date of 
        enactment of the American Broadband Buildout to Eliminate 
        America's Digital Divide Act of 2021, ensure that the publicly 
        available website described in paragraph (6)--
                    ``(A) allows a consumer to determine, based on 
                financial information entered by the consumer, whether 
                the consumer is eligible--
                            ``(i) to receive a Federal or State subsidy 
                        with respect to broadband internet access 
                        service; or
                            ``(ii) to qualify for a low-income plan 
                        with respect to broadband internet access 
                        service; and
                    ``(B) with respect to a consumer who is eligible 
                under clause (i) or (ii) of subparagraph (A), contains 
                information regarding how to apply for the applicable 
                benefit.''.
    (b) Direct Appropriation.--There is appropriated to the Federal 
Communications Commission, out of any money in the Treasury not 
otherwise appropriated, $40,000,000,000 for fiscal year 2021 to carry 
out section 14 of the Communications Act of 1934, as added by 
subsection (a)(1), which shall remain available through fiscal year 
2030.
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