[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 98 Enrolled Bill (ENR)]
S.98
One Hundred Nineteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Saturday,
the third day of January, two thousand and twenty six
An Act
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
2025''.
SEC. 2. VETTING PROCESS FOR PROSPECTIVE HIGH-COST UNIVERSAL SERVICE
FUND APPLICANTS.
Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is
amended by adding at the end the following:
``(m) Vetting of High-Cost Fund Recipients.--
``(1) Definitions.--In this subsection--
``(A) the term `covered funding' means any new offer of
high-cost universal service program funding, including funding
provided through a reverse competitive bidding mechanism
provided under this section, for the deployment of a broadband-
capable network and the provision of supported services over
the network; and
``(B) 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 paragraph (2).
``(2) Commission rulemaking.--Not later than 180 days after the
date of enactment of this subsection, the Commission shall initiate
a rulemaking proceeding to establish a vetting process for
applicants for, and other recipients of, a new covered funding
award.
``(3) Contents.--
``(A) In general.--In promulgating rules under paragraph
(2), the Commission shall provide that, consistent with
principles of technology neutrality, the Commission will only
award covered funding to applicants that can demonstrate that
they meet the qualifications in subparagraph (B).
``(B) Qualifications described.--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, financial, and operational capabilities, and has a
reasonable business plan, to deploy the proposed network and
deliver services with the relevant performance characteristics
and requirements defined by the Commission and as pledged by
the applicant.
``(C) Evaluation of proposal.--The Commission shall
evaluate a proposal described in subparagraph (B) against--
``(i) reasonable and well-established technical,
financial, and operational standards, including the
technical standards adopted by the Commission in orders of
the Commission relating to Establishing the Digital
Opportunity Data Collection (WC Docket No. 19-195) (or
orders of the Commission relating to modernizing any
successor collection) for purposes of entities that must
report broadband availability coverage; and
``(ii) the applicant's history of complying with
requirements in Commission and other government broadband
deployment funding programs.
``(D) Penalties for pre-authorization defaults.--In
adopting rules for any new covered funding award, the
Commission shall set a penalty for pre-authorization defaults
of at least $9,000 per violation and may not limit the base
forfeiture to an amount less than 30 percent of the applicant's
total support, unless the Commission demonstrates the need for
lower penalties in a particular instance.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.