[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4930 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4930

    To address defaults with respect to awards made under broadband 
programs carried out by the Federal Communications Commission, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2024

  Mr. Hawley introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
    To address defaults with respect to awards made under broadband 
programs carried out by the Federal Communications Commission, 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 ``Broadband Fairness Act''.

SEC. 2. POLICY.

    It is the policy of the United States that, with respect to an 
award made under a broadband program carried out by the Federal 
Communications Commission, the award should serve the State in which 
the funds comprising the award were intended to be expended.

SEC. 3. DEFAULTS IN FCC BROADBAND PROGRAMS.

    (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) Broadband program.--The term ``broadband program'' 
        means any program administered by the Commission that is 
        directly or indirectly intended to increase the deployment of, 
        access to, the affordability of, or the adoption of broadband 
        internet access service.
            (3) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (4) Default.--The term ``default'' means, with respect to 
        an award under a broadband program, that the recipient of the 
        award--
                    (A) fails to timely file a Long-Form Application 
                with respect to the award;
                    (B) fails to meet the document submission deadlines 
                established by the Commission with respect to the 
                award;
                    (C) is found by the Commission to be ineligible or 
                unqualified to receive the award; or
                    (D) is otherwise disqualified by the Commission for 
                any reason before the authorization of support under 
                the award.
            (5) 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).
            (6) State.--The term ``State''--
                    (A) has the meaning given the term in section 3 of 
                the Communications Act of 1934 (47 U.S.C. 153); and
                    (B) includes an Indian Tribe.
            (7) State government.--The term ``State government'' or 
        ``government of a State''--
                    (A) means the government of a State; and
                    (B) with respect to an Indian Tribe, means the 
                Tribal government with respect to that Indian Tribe.
    (b) Effect of Default.--Notwithstanding any other provision of law 
or regulation, upon a default with respect to an award under a 
broadband program, the following shall apply:
            (1) The geographic region proposed to be served by the 
        award shall be eligible to receive support under--
                    (A) other broadband programs; and
                    (B) any program administered by any Federal agency 
                other than the Commission that is directly or 
                indirectly intended to increase the deployment of, 
                access to, the affordability of, or the adoption of 
                broadband internet access service.
            (2)(A) Any amount of the award that is forfeited after the 
        default shall not be deposited in the Treasury of the United 
        States and instead shall be made available by the Commission to 
        the government of the State that was the subject of the award 
        (or the activities under the award) so that such State 
        government is able, to the maximum extent practicable, to 
        provide the benefits that were proposed to be provided under 
        the award.
            (B) If multiple States were the subject of the award (or 
        the activities under the award), the Commission shall make 
        available amounts under subparagraph (A) to the government of 
        each such State in the same proportion, as calculated by the 
        Commission, that the award (or the activities under the award) 
        would have been made available if the award had been carried 
        out.
            (3) With respect to benefits provided by a State government 
        under paragraph (2)--
                    (A) any minimum speed requirements that were 
                applicable with respect to the original award shall 
                remain in effect with respect to the benefits provided 
                by the State government under that paragraph; and
                    (B) the State government, if necessary, may 
                supplement the amounts made available to the State 
                government under that paragraph with funds of the State 
                government.
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