[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 275 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                 S. 275

To require the Federal Communications Commission to establish a vetting 
  process for prospective applicants for high-cost universal service 
                            program funding.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 7, 2023

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

_______________________________________________________________________

                                 A BILL


 
To require the Federal Communications Commission to establish a vetting 
  process for prospective applicants for high-cost universal service 
                            program funding.

    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 Broadband Protection Act of 
2023''.

SEC. 2. VETTING PROCESS FOR PROSPECTIVE HIGH-COST UNIVERSAL SERVICE 
              FUND APPLICANTS.

    (a) Definitions.--In this section--
            (1) the term ``Commission'' means the Federal 
        Communications Commission;
            (2) the term ``covered funding'' means high-cost universal 
        service program funding provided through a competitive award 
        process for the deployment of a broadband-capable network and 
        the provision of supported services over the network; and
            (3) the term ``new covered funding award'' means an award 
        of covered funding that is made based on an application 
        submitted to the Commission on or after the date on which rules 
        are promulgated under subsection (b).
    (b) FCC Rulemaking.--Not later than 180 days after the date of 
enactment of this Act, the Commission shall initiate a rulemaking 
proceeding to establish a vetting process for applicants for, and other 
recipients of, a new covered funding award.
    (c) Contents.--In promulgating rules under subsection (b), the 
Commission shall provide that--
            (1) an applicant for a new covered funding award shall 
        include in the initial application a proposal containing 
        sufficient detail and documentation for the Commission to 
        ascertain that the applicant possesses the technical 
        capability, and has a reasonable plan, to deploy the proposed 
        network and deliver services with the relevant performance 
        characteristics defined by the Commission and as pledged by the 
        applicant;
            (2) the proposal described in paragraph (1) shall include 
        sufficient detail and supporting documentation for the 
        Commission to reasonably ascertain whether the applicant and 
        the technology that the applicant plans to use would have the 
        ability to perform as required given the characteristics of the 
        locations to be served; and
            (3) the Commission shall evaluate a proposal described in 
        paragraph (1) against reasonable and well-established technical 
        standards, including the technical standards adopted by the 
        Commission in orders of the Commission relating to modernizing 
        the FCC Form 477 Data Program (WC Docket No. 11-10) (or orders 
        of the Commission relating to modernizing any successor 
        collection) for purposes of entities that must report broadband 
        availability coverage.
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