[Congressional Record Volume 167, Number 137 (Monday, August 2, 2021)]
[Senate]
[Pages S5617-S5618]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2216. Mr. THUNE submitted an amendment intended to be proposed to
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself,
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr.
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R.
3684, to authorize funds for Federal-aid highways, highway safety
programs, and transit programs, and for other purposes; which was
ordered to lie on the table; as follows:
Strike section 60102 and insert the following:
SEC. 60102. RURAL CONNECTIVITY ADVANCEMENT PROGRAM.
(a) Short Title.--This section may be cited as the ``Rural
Connectivity Advancement Program Act of 2021''.
(b) Deposit of Spectrum Auction Proceeds in Rural Broadband
Assessment and Deployment Fund.--Section 309(j)(8) of the
Communications Act of 1934 (47 U.S.C. 309(j)(8)) is amended--
(1) in subparagraph (A), by striking ``and (G)'' and
inserting ``(G), and (H)''; and
(2) by adding at the end the following:
``(H) Certain proceeds designated for rural broadband
assessment and deployment fund.--
``(i) Assessment and deployment set-aside.--Notwithstanding
subparagraph (A), and except as provided in subparagraphs
(B), (D), (E), (F), and (G), 10 percent of the net proceeds
from each use of a system of competitive bidding under this
subsection that is mandated by an Act of Congress and that
begins on or after the date of enactment of the Rural
Connectivity Advancement Program Act of 2021 shall be
deposited in the Rural Broadband Assessment and Deployment
Fund established under subsection (c) of that Act.
``(ii) Definition.--For purposes of this subparagraph, the
term `net proceeds', with respect to the use of a system of
competitive bidding, means the proceeds remaining after
subtracting all auction-related expenditures, including--
``(I) relocation payments, including accelerated relocation
payments;
``(II) payments to incumbent licensees for the
relinquishment of all or a portion of the spectrum usage
rights of those licensees;
``(III) costs associated with the reallocation of spectrum,
whether on an exclusive or shared use basis;
``(IV) relocation or sharing costs, including for planning
for relocation or sharing; and
``(V) bidding credits.''.
(c) Direction and Use of Rural Broadband Assessment and
Deployment Fund Proceeds.--
(1) Definitions.--In this subsection--
(A) the term ``Commission'' means the Federal
Communications Commission;
(B) the term ``high-cost programs'' means--
(i) the program for Universal Service Support for High-Cost
Areas set forth under subpart D of part 54 of title 47, Code
of Federal Regulations, or any successor regulations;
(ii) the Rural Digital Opportunity Fund set forth under
subpart J of part 54 of title 47, Code of Federal
Regulations, or any successor regulations;
(iii) the Interstate Common Line Support Mechanism for
Rate-of-Return Carriers set forth under subpart K of part 54
of title 47, Code of Federal Regulations, or any successor
regulations;
(iv) the Mobility Fund set forth under subpart L of part 54
of title 47, Code of Federal Regulations, or any successor
regulations;
(v) the High Cost Loop Support for Rate-of-Return Carriers
program set forth under subpart M of part 54 of title 47,
Code of Federal Regulations, or any successor regulations;
(vi) the Uniendo a Puerto Rico Fund and the Connect USVI
Fund set forth under subpart O of part 54 of title 47, Code
of Federal Regulations, or any successor regulations; and
(vii) the Rural Broadband Experiments, as established by
the Commission under part 54 of title 47, Code of Federal
Regulations;
(C) the term ``net proceeds'' has the meaning given the
term in subparagraph (H) of section 309(j)(8) of the
Communications Act of 1934 (47 U.S.C. 309(j)(8)), as added by
subsection (b); and
(D) the term ``Rural Broadband Assessment and Deployment
Fund'' means the fund established under paragraph (2).
(2) Establishment of fund.--There is established in the
Treasury of the United States a fund to be known as the
``Rural Broadband Assessment and Deployment Fund''.
(3) Borrowing authority.--
(A) In general.--With respect to any auction described in
subparagraph (H)(i) of section 309(j)(8) of the
Communications Act of 1934 (47 U.S.C. 309(j)(8)), as added by
subsection (b), on or after the date on which the Commission
makes a final determination of the amount of net proceeds
that will be deposited in the Rural Broadband Assessment and
Deployment Fund under such subparagraph (H)(i) as a result of
that auction, the Commission may borrow not more than that
amount from the Treasury of the United States.
(B) Reimbursement.--The Commission shall reimburse the
general fund of the Treasury, without interest, for any
amounts borrowed under subparagraph (A) as funds are
deposited into the Rural Broadband Assessment and Deployment
Fund.
(4) Availability of amounts.--Any amounts borrowed under
paragraph (3)(A) and any amounts in the Rural Broadband
Assessment and Deployment Fund that are not necessary for
reimbursement of the general fund of the Treasury for such
borrowed amounts shall be available to the Commission for use
in accordance with paragraph (5).
(5) Use of amounts.--
(A) Establishment of program or programs.--The Commission
shall use the amounts made available under paragraph (4) to
establish 1 or more programs that are separate from, but are
coordinated with and complement, the high-cost programs to
address--
(i) gaps that remain in broadband internet access service
coverage in high-cost rural areas despite the operations of
the high-cost programs; and
(ii) shortfalls in sufficient funding of the high-cost
programs that could adversely affect the sustainability of
services or reasonable comparability of rates that are
supported by those programs.
(B) Purposes.--In carrying out subparagraph (A), the
Commission shall use amounts made available under paragraph
(4) in an efficient and cost-effective manner only--
(i) for the assessment of, and to provide subsidies in a
technology-neutral manner through a competitive process
(subject to weighting preferences for performance quality and
other service metrics as the Commission may find appropriate)
to providers for support of, deployment of broadband-capable
infrastructure in high-cost rural areas that the Commission
determines are unserved by fixed terrestrial broadband
internet access service at a download speed of not less than
25 megabits per second and an upload speed of not less than 3
megabits per second (or such higher speed as the Commission
may determine appropriate based upon an evolving definition
of universal service); and
(ii) to assess, and provide subsidies to providers to
enable providers to sustain, broadband internet access
service in any rural area in which--
(I) not more than 1 provider of fixed terrestrial broadband
internet access service operates; and
(II) the high-cost nature of the area precludes the
offering of voice service and broadband internet access
service at rates and performance levels available in urban
areas as determined by the Urban Rate Survey conducted by the
Commission.
(C) Tribal considerations.--In distributing amounts under
this paragraph, the Commission shall consider the broadband
internet access service needs of residents of Tribal lands
(as defined in section 54.400 of title 47, Code of Federal
Regulations, or any successor regulation).
(D) Limitations.--
(i) Prohibition on funding other programs.--
(I) In general.--The Commission may not use amounts made
available under paragraph (4) to fund any program that was
not established by the Commission under subparagraph (A) of
this paragraph, including any program established under
section 254 of the Communications Act of 1934 (47 U.S.C. 254)
in effect on the date of enactment of this Act, except for
using the Universal Service Administrative Company to
administer funding.
(II) Rule of construction.--Nothing in subclause (I) shall
be construed to prohibit the Commission from using amounts
made available under paragraph (4) to supplement the
provision of support under the high-cost programs, as
authorized under subparagraph (A)(ii) of this paragraph.
[[Page S5618]]
(ii) Transparency and accountability for addressing gaps in
coverage.--The Commission shall establish transparency and
accountability requirements for amounts made available for
the purpose set forth in subparagraph (A)(i) that, at a
minimum--
(I) provide--
(aa) a process for challenging any initial determination by
the Commission regarding whether an area is served or
unserved; and
(bb) written public notice on the website of the Commission
of--
(AA) how each challenge under item (aa) was decided; and
(BB) the reasons of the Commission for each decision;
(II) establish broadband service buildout milestones and
require periodic certification by funding recipients to
ensure compliance with the broadband service buildout
milestones;
(III) establish a maximum buildout timeframe of 4 years
beginning on the date on which funding is provided to a
funding recipient;
(IV) establish periodic reporting requirements for funding
recipients that identify, at a minimum, the speed of, and
technology used for, the service provided in each area where
funding is provided;
(V) establish standard penalties for noncompliance with the
requirements established under this clause and as may be
further prescribed by the Commission;
(VI) establish procedures for recovery of funds, in whole
or in part, from funding recipients in the event of default
or noncompliance with the requirements established under this
clause and as may be further prescribed by the Commission;
and
(VII) require a funding recipient to--
(aa) offer voice service and broadband internet access
service; and
(bb) permit a consumer to subscribe to one type of service
described in item (aa) or both types.
(iii) Transparency and accountability for addressing
shortfalls in funding.--The Commission shall establish
transparency and accountability requirements for amounts made
available for the purpose set forth in subparagraph (A)(ii)
that, at a minimum--
(I) establish periodic reporting and certification
requirements for funding recipients to ensure that the
funding results in the offering of voice service and
broadband internet access service at reasonably comparable
rates and performance levels;
(II) establish standard penalties for noncompliance with
the requirements established under this clause and as may be
further prescribed by the Commission;
(III) establish procedures for recovery of funds, in whole
or in part, from funding recipients in the event of default
or noncompliance with the requirements established under this
clause and as may be further prescribed by the Commission;
and
(IV) require a funding recipient to--
(aa) offer voice service and broadband internet access
service; and
(bb) permit a consumer to subscribe to one type of service
described in item (aa) or both types.
(6) Reports.--
(A) Annual auction proceeds deployment report.--Not later
than 270 days after the date of enactment of this Act, and
not less frequently than annually thereafter until all
amounts have been distributed, the Commission shall publish
and submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report on the
distribution of amounts made available under paragraph (4).
(B) Auction-specific deposit reports.--Not later than 30
days after the date on which the Commission announces the
results of an auction described in subparagraph (H)(i) of
section 309(j)(8) of the Communications Act of 1934 (47
U.S.C. 309(j)(8)), as added by subsection (b), the Commission
shall publish and submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Energy and Commerce of the House of Representatives a
report that estimates the amount of net proceeds that will be
deposited in the Rural Broadband Assessment and Deployment
Fund under that subparagraph as a result of that auction.
(7) Authorization of appropriations.--There is authorized
to be appropriated to the Rural Broadband Assessment and
Deployment Fund $42,450,000,000.
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