CHAPTER 16 —BROADBAND ACCESS
SUBCHAPTER I—BROADBAND GRANTS FOR STATES, DISTRICT OF COLUMBIA, PUERTO RICO, AND TERRITORIES
SUBCHAPTER II—DIGITAL EQUITY ACT OF 2021
SUBCHAPTER III—ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURE
SUBCHAPTER IV—BROADBAND AFFORDABILITY
SUBCHAPTER I—BROADBAND GRANTS FOR STATES, DISTRICT OF COLUMBIA, PUERTO RICO, AND TERRITORIES
§1701. Findings
Congress finds the following:
(1) Access to affordable, reliable, high-speed broadband is essential to full participation in modern life in the United States.
(2) The persistent "digital divide" in the United States is a barrier to the economic competitiveness of the United States and equitable distribution of essential public services, including health care and education.
(3) The digital divide disproportionately affects communities of color, lower-income areas, and rural areas, and the benefits of broadband should be broadly enjoyed by all.
(4) In many communities across the country, increased competition among broadband providers has the potential to offer consumers more affordable, high-quality options for broadband service.
(5) The 2019 novel coronavirus pandemic has underscored the critical importance of affordable, high-speed broadband for individuals, families, and communities to be able to work, learn, and connect remotely while supporting social distancing.
(
Statutory Notes and Related Subsidiaries
Short Title
§1702. Grants for broadband deployment
(a) Definitions
(1) Areas, locations, and institutions lacking broadband access
In this section:
(A) Unserved location
The term "unserved location" means a broadband-serviceable location, as determined in accordance with the broadband DATA maps, that—
(i) has no access to broadband service; or
(ii) lacks access to reliable broadband service offered with—
(I) a speed of not less than—
(aa) 25 megabits per second for downloads; and
(bb) 3 megabits per second for uploads; and
(II) a latency sufficient to support real-time, interactive applications.
(B) Unserved service project
The term "unserved service project" means a project in which not less than 80 percent of broadband-serviceable locations served by the project are unserved locations.
(C) Underserved location
The term "underserved location" means a location—
(i) that is not an unserved location; and
(ii) as determined in accordance with the broadband DATA maps, lacks access to reliable broadband service offered with—
(I) a speed of not less than—
(aa) 100 megabits per second for downloads; and
(bb) 20 megabits per second for uploads; and
(II) a latency sufficient to support real-time, interactive applications.
(D) Underserved service project
The term "underserved service project" means a project in which not less than 80 percent of broadband-serviceable locations served by the project are unserved locations or underserved locations.
(E) Eligible community anchor institution
The term "eligible community anchor institution" means a community anchor institution that lacks access to gigabit-level broadband service.
(2) Other definitions
In this section:
(A) Assistant Secretary
The term "Assistant Secretary" means the Assistant Secretary of Commerce for Communications and Information.
(B) Broadband; broadband service
The term "broadband" or "broadband service" has the meaning given the term "broadband internet access service" in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation.
(C) Broadband DATA maps
The term "broadband DATA maps" means the maps created under section 802(c)(1) of the Communications Act of 1934 (
(D) Commission
The term "Commission" means the Federal Communications Commission.
(E) Community anchor institution
The term "community anchor institution" means an entity such as a school, library, health clinic, health center, hospital or other medical provider, public safety entity, institution of higher education, public housing organization, or community support organization that facilitates greater use of broadband service by vulnerable populations, including low-income individuals, unemployed individuals, and aged individuals.
(F) Eligible entity
The term "eligible entity" means a State.
(G) High-cost area
(i) In general
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 cost of building out broadband service in unserved areas in the United States (as determined by the Assistant Secretary, in consultation with the Commission), incorporating factors that include—
(I) the remote location of the area;
(II) the lack of population density of the area;
(III) the unique topography of the area;
(IV) a high rate of poverty in the area; or
(V) any other factor identified by the Assistant Secretary, in consultation with the Commission, that contributes to the higher cost of deploying broadband service in the area.
(ii) Unserved area
For purposes of clause (i), the term "unserved area" means an area in which not less than 80 percent of broadband-serviceable locations are unserved locations.
(H) Location; broadband-serviceable location
The terms "location" and "broadband-serviceable location" have the meanings given those terms by the Commission under rules and guidance that are in effect, as of November 15, 2021.
(I) Priority broadband project
The term "priority broadband project" means a project designed to—
(i) provide broadband service that meets speed, latency, reliability, consistency in quality of service, and related criteria as the Assistant Secretary shall determine; and
(ii) ensure that the network built by the project can easily scale speeds over time to—
(I) meet the evolving connectivity needs of households and businesses; and
(II) support the deployment of 5G, successor wireless technologies, and other advanced services.
(J) Program
The term "Program" means the Broadband Equity, Access, and Deployment Program established under subsection (b)(1).
(K) Project
The term "project" means an undertaking by a subgrantee under this section to construct and deploy infrastructure for the provision of broadband service.
(L) Reliable broadband service
The term "reliable broadband service" means broadband service that meets performance criteria for service availability, adaptability to changing end-user requirements, length of serviceable life, or other criteria, other than upload and download speeds, as determined by the Assistant Secretary in coordination with the Commission.
(M) State
The term "State" has the meaning given the term in
(N) Subgrantee
The term "subgrantee" means an entity that receives grant funds from an eligible entity to carry out activities under subsection (f).
(b) Broadband Equity, Access, and Deployment Program
(1) Establishment
Not later than 180 days after November 15, 2021, the Assistant Secretary shall establish a grant program, to be known as the "Broadband Equity, Access, and Deployment Program", under which the Assistant Secretary makes grants to eligible entities, in accordance with this section, to bridge the digital divide.
(2) Authorization of appropriations
There is authorized to be appropriated to the Assistant Secretary to carry out the Program $42,450,000,000.
(3) Obligation timeline
The Assistant Secretary shall obligate all amounts appropriated pursuant to paragraph (2) in an expedient manner after the Assistant Secretary issues the notice of funding opportunity under subsection (e)(1).
(4) Technical support and assistance
(A) Program assistance
As part of the Program, the Assistant Secretary, in consultation with the Commission, shall provide technical support and assistance to eligible entities to facilitate their participation in the Program, including by assisting eligible entities with—
(i) the development of grant applications under the Program;
(ii) the development of plans and procedures for distribution of funds under the Program; and
(iii) other technical support as determined by the Assistant Secretary.
(B) General assistance
The Assistant Secretary shall provide technical and other assistance to eligible entities—
(i) to support the expansion of broadband, with priority for—
(I) expansion in rural areas; and
(II) eligible entities that consistently rank below most other eligible entities with respect to broadband access and deployment; and
(ii) regarding cybersecurity resources and programs available through Federal agencies, including the Election Assistance Commission, the Cybersecurity and Infrastructure Security Agency, the Federal Trade Commission, and the National Institute of Standards and Technology.
(c) Allocation
(1) Allocation for high-cost areas
(A) In general
On or after the date on which the broadband DATA maps are made public, the Assistant Secretary shall allocate to eligible entities, in accordance with subparagraph (B) of this paragraph, 10 percent of the amount appropriated pursuant to subsection (b)(2).
(B) Formula
The Assistant Secretary shall calculate the amount allocated to an eligible entity under subparagraph (A) by—
(i) dividing the number of unserved locations in high-cost areas in the eligible entity by the total number of unserved locations in high-cost areas in the United States; and
(ii) multiplying the quotient obtained under clause (i) by the amount made available under subparagraph (A).
(2) Minimum initial allocation
Of the amount appropriated pursuant to subsection (b)(2)—
(A) except as provided in subparagraph (B) of this paragraph, $100,000,000 shall be allocated to each State; and
(B) $100,000,000 shall be allocated to, and divided equally among, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(3) Allocation of remaining amounts
(A) In general
On or after the date on which the broadband DATA maps are made public, of the amount appropriated pursuant to subsection (b)(2), the Assistant Secretary shall allocate to eligible entities, in accordance with subparagraph (B) of this paragraph, the amount remaining after compliance with paragraphs (1) and (2) of this subsection.
(B) Allocation
The amount allocated to an eligible entity under subparagraph (B) shall be calculated by—
(i) dividing the number of unserved locations in the eligible entity by the total number of unserved locations in the United States; and
(ii) multiplying the quotient obtained under clause (i) by the amount made available under subparagraph (A).
(4) Availability conditioned on approval of applications
The availability of amounts allocated under paragraph (1), (2), or (3) to an eligible entity shall be subject to approval by the Assistant Secretary of the letter of intent, initial proposal, or final proposal of the eligible entity, as applicable, under subsection (e).
(5) Contingency procedures
(A) Definition
In this paragraph, the term "covered application" means a letter of intent, initial proposal, or final proposal under this section.
(B) Political subdivisions and consortia
(i) Application failures
The Assistant Secretary, in carrying out the Program, shall provide that if an eligible entity fails to submit a covered application by the applicable deadline, or a covered application submitted by an eligible entity is not approved by the applicable deadline, a political subdivision or consortium of political subdivisions of the eligible entity may submit the applicable type of covered application in place of the eligible entity.
(ii) Treatment of political subdivision or consortium as eligible entity
In the case of a political subdivision or consortium of political subdivisions that submits a covered application under clause (i) that is approved by the Assistant Secretary—
(I) except as provided in subclause (II) of this clause, any reference in this section to an eligible entity shall be deemed to refer to the political subdivision or consortium; and
(II) any reference in this section to an eligible entity in a geographic sense shall be deemed to refer to the eligible entity in whose place the political subdivision or consortium submitted the covered application.
(C) Reallocation to other eligible entities
(i) Application failures
The Assistant Secretary, in carrying out the Program, shall provide that if an eligible entity fails to submit a covered application by the applicable deadline, or a covered application submitted by an eligible entity is not approved by the applicable deadline, as provided in subparagraph (A)), and no political subdivision or consortium of political subdivisions of the eligible entity submits a covered application by the applicable deadline, or no covered application submitted by such a political subdivision or consortium is approved by the applicable deadline, as provided in subparagraph (B), the Assistant Secretary—
(I) shall reallocate the amounts that would have been available to the eligible entity pursuant to that type of covered application to other eligible entities that submitted that type of covered application by the applicable deadline; and
(II) shall reallocate the amounts described in subclause (I) of this clause in accordance with the formula under paragraph (3).
(ii) Failure to use full allocation
The Assistant Secretary, in carrying out the Program, shall provide that if an eligible entity fails to use the full amount allocated to the eligible entity under this subsection by the applicable deadline, the Assistant Secretary—
(I) shall reallocate the unused amounts to other eligible entities with approved final proposals; and
(II) shall reallocate the amounts described in subclause (I) in accordance with the formula under paragraph (3).
(d) Administrative expenses
(1) Assistant Secretary
The Assistant Secretary may use not more than 2 percent of amounts appropriated pursuant to subsection (b) for administrative purposes.
(2) Eligible entities
(A) Pre-deployment planning
An eligible entity may use not more than 5 percent of the amount allocated to the eligible entity under subsection (c)(2) for the planning and pre-deployment activities under subsection (e)(1)(C).
(B) Administration
An eligible entity may use not more than 2 percent of the grant amounts made available to the eligible entity under subsection (e) for expenses relating (directly or indirectly) to administration of the grant.
(e) Implementation
(1) Initial Program deployment and planning
(A) Notice of funding opportunity; process
Not later than 180 days after November 15, 2021, the Assistant Secretary shall—
(i) issue a notice of funding opportunity for the Program that—
(I) notifies eligible entities of—
(aa) the establishment of the Program; and
(bb) the amount of the minimum initial allocation to each eligible entity under subsection (c)(2);
(II) invites eligible entities to submit letters of intent under subparagraph (B) in order to—
(aa) participate in the Program; and
(bb) receive funding for planning and pre-deployment activities under subparagraph (C);
(III) contains details about the Program, including an outline of the requirements for—
(aa) applications for grants under the Program, which shall consist of letters of intent, initial proposals, and final proposals; and
(bb) allowed uses of grant amounts awarded under this section, as provided in subsection (f); and
(IV) includes any other information determined relevant by the Assistant Secretary;
(ii) establish a process, in accordance with subparagraph (C), through which to provide funding to eligible entities for planning and pre-deployment activities;
(iii) develop and make public a standard online application form that an eligible entity may use to submit an initial proposal and final proposal for the grant amounts allocated to the eligible entity under subsection (c);
(iv) publish a template—
(I) initial proposal that complies with paragraph (3)(A); and
(II) final proposal that complies with paragraph (4)(A); and
(v) in consultation with the Commission, establish standards for how an eligible entity shall assess the capabilities and capacities of a prospective subgrantee under subsection (g)(2)(A).
(B) Letter of intent
(i) In general
An eligible entity that wishes to participate in the Program shall file a letter of intent to participate in the Program consistent with this subparagraph.
(ii) Form and contents
The Assistant Secretary may establish the form and contents required for a letter of intent under this subparagraph, which contents may include—
(I) details of—
(aa) the existing broadband program or office of the eligible entity, including—
(AA) activities that the program or office currently conducts;
(BB) the number of rounds of broadband deployment grants that the eligible entity has awarded, if applicable;
(CC) whether the eligible entity has an eligible entity-wide plan and goal for availability of broadband, and any relevant deadlines, as applicable; and
(DD) the amount of funding that the eligible entity has available for broadband deployment or other broadband-related activities, including data collection and local planning, and the sources of that funding, including whether the funds are from the eligible entity or from the Federal Government under the American Rescue Plan Act of 2021 (
(bb) the number of full-time employees and part-time employees of the eligible entity who will assist in administering amounts received under the Program and the duties assigned to those employees;
(cc) relevant contracted support; and
(dd) the goals of the eligible entity for the use of amounts received under the Program, the process that the eligible entity will use to distribute those amounts to subgrantees, the timeline for awarding subgrants, and oversight and reporting requirements that the eligible entity will impose on subgrantees;
(II) the identification of known barriers or challenges to developing and administering a program to administer grants received under the Program, if applicable;
(III) the identification of the additional capacity needed by the eligible entity to implement the requirements under this section, such as—
(aa) enhancing the capacity of the broadband program or office of the eligible entity by receiving technical assistance from Federal entities or other partners, hiring additional employees, or obtaining support from contracted entities; or
(bb) acquiring additional programmatic information or data, such as through surveys or asset inventories;
(IV) an explanation of how the needs described in subclause (III) were identified and how funds may be used to address those needs, including target areas;
(V) details of any relevant partners, such as organizations that may inform broadband deployment and adoption planning; and
(VI) any other information determined relevant by the Assistant Secretary.
(C) Planning funds
(i) In general
The Assistant Secretary shall establish a process through which an eligible entity, in submitting a letter of intent under subparagraph (B), may request access to not more than 5 percent of the amount allocated to the eligible entity under subsection (c)(2) for use consistent with this subparagraph.
(ii) Funding availability
If the Assistant Secretary approves a request from an eligible entity under clause (i), the Assistant Secretary shall make available to the eligible entity an amount, as determined appropriate by the Assistant Secretary, that is not more than 5 percent of the amount allocated to the eligible entity under subsection (c)(2).
(iii) Eligible use
The Assistant Secretary shall determine the allowable uses of amounts made available under clause (ii), which may include—
(I) research and data collection, including initial identification of unserved locations and underserved locations;
(II) the development of a preliminary budget for pre-planning activities;
(III) publications, outreach, and communications support;
(IV) providing technical assistance, including through workshops and events;
(V) training for employees of the broadband program or office of the eligible entity or employees of political subdivisions of the eligible entity, and related staffing capacity or consulting or contracted support; and
(VI) with respect to an office that oversees broadband programs and broadband deployment in an eligible entity, establishing, operating, or increasing the capacity of such a broadband office.
(D) Action plan
(i) In general
An eligible entity that receives funding from the Assistant Secretary under subparagraph (C) shall submit to the Assistant Secretary a 5-year action plan, which shall—
(I) be informed by collaboration with local and regional entities; and
(II) detail—
(aa) investment priorities and associated costs;
(bb) alignment of planned spending with economic development, telehealth, and related connectivity efforts.
(ii) Requirements of action plans
The Assistant Secretary shall establish requirements for the 5-year action plan submitted by an eligible entity under clause (i), which may include requirements to—
(I) address local and regional needs in the eligible entity with respect to broadband service;
(II) propose solutions for the deployment of affordable broadband service in the eligible entity;
(III) include localized data with respect to the deployment of broadband service in the eligible entity, including by identifying locations that should be prioritized for Federal support with respect to that deployment;
(IV) ascertain how best to serve unserved locations in the eligible entity, whether through the establishment of cooperatives or public-private partnerships;
(V) identify the technical assistance that would be necessary to carry out the plan; and
(VI) assess the amount of time it would take to build out universal broadband service in the eligible entity.
(2) Notice of available amounts; invitation to submit initial and final proposals
On or after the date on which the broadband DATA maps are made public, the Assistant Secretary, in coordination with the Commission, shall issue a notice to each eligible entity that—
(A) contains the estimated amount available to the eligible entity under subsection (c); and
(B) invites the eligible entity to submit an initial proposal and final proposal for a grant under this section, in accordance with paragraphs (3) and (4) of this subsection.
(3) Initial proposal
(A) Submission
(i) In general
After the Assistant Secretary issues the notice under paragraph (2), an eligible entity that wishes to receive a grant under this section shall submit an initial proposal for a grant, using the online application form developed by the Assistant Secretary under paragraph (1)(A)(iii), that—
(I) outlines long-term objectives for deploying broadband, closing the digital divide, and enhancing economic growth and job creation, including—
(aa) information developed by the eligible entity as part of the action plan submitted under paragraph (1)(D), if applicable; and
(bb) information from any comparable strategic plan otherwise developed by the eligible entity, if applicable;
(II)(aa) identifies, and outlines steps to support, local and regional broadband planning processes or ongoing efforts to deploy broadband or close the digital divide; and
(bb) describes coordination with local governments, along with local and regional broadband planning processes;
(III) identifies existing efforts funded by the Federal Government or a State within the jurisdiction of the eligible entity to deploy broadband and close the digital divide;
(IV) includes a plan to competitively award subgrants to ensure timely deployment of broadband;
(V) identifies—
(aa) each unserved location or underserved location under the jurisdiction of the eligible entity; and
(bb) each community anchor institution under the jurisdiction of the eligible entity that is an eligible community anchor institution; and
(VI) certifies the intent of the eligible entity to comply with all applicable requirements under this section, including the reporting requirements under subsection (j)(1).
(ii) Local coordination
(I) In general
The Assistant Secretary shall establish local coordination requirements for eligible entities to follow, to the greatest extent practicable.
(II) Requirements
The local coordination requirements established under subclause (I) shall include, at minimum, an opportunity for political subdivisions of an eligible entity to—
(aa) submit plans for consideration by the eligible entity; and
(bb) comment on the initial proposal of the eligible entity before the initial proposal is submitted to the Assistant Secretary.
(B) Single initial proposal
An eligible entity may submit only 1 initial proposal under this paragraph.
(C) Corrections to initial proposal
The Assistant Secretary may accept corrections to the initial proposal of an eligible entity after the initial proposal has been submitted.
(D) Consideration of initial proposal
After receipt of an initial proposal for a grant under this paragraph, the Assistant Secretary—
(i) shall acknowledge receipt;
(ii) if the initial proposal is complete—
(I) shall determine whether the use of funds proposed in the initial proposal—
(aa) complies with subsection (f);
(bb) is in the public interest; and
(cc) effectuates the purposes of this Act;
(II) shall approve or disapprove the initial proposal based on the determinations under subclause (I); and
(III) if the Assistant Secretary approves the initial proposal under clause (ii)(II), shall make available to the eligible entity—
(aa) 20 percent of the grant funds that were allocated to the eligible entity under subsection (c); or
(bb) a higher percentage of the grant funds that were allocated to the eligible entity under subsection (c), at the discretion of the Assistant Secretary; and
(iii) if the initial proposal is incomplete, or is disapproved under clause (ii)(II), shall notify the eligible entity and provide the eligible entity with an opportunity to resubmit the initial proposal.
(E) Consideration of resubmitted initial proposal
After receipt of a resubmitted initial proposal for a grant under this paragraph, the Assistant Secretary—
(i) shall acknowledge receipt;
(ii) if the initial proposal is complete—
(I) shall determine whether the use of funds proposed in the initial proposal—
(aa) complies with subsection (f);
(bb) is in the public interest; and
(cc) effectuates the purposes of this Act;
(II) shall approve or disapprove the initial proposal based on the determinations under subclause (I); and
(III) if the Assistant Secretary approves the initial proposal under clause (ii)(II), shall make available to the eligible entity—
(aa) 20 percent of the grant funds that were allocated to the eligible entity under subsection (c); or
(bb) a higher percentage of the grant funds that were allocated to the eligible entity under subsection (c), at the discretion of the Assistant Secretary; and
(iii) if the initial proposal is incomplete, or is disapproved under clause (ii)(II), shall notify the eligible entity and provide the eligible entity with an opportunity to resubmit the initial proposal.
(4) Final proposal
(A) Submission
(i) In general
After the Assistant Secretary approvals 1 the initial proposal of an eligible entity under paragraph (3), the eligible entity may submit a final proposal for the remainder of the amount allocated to the eligible entity under subsection (c), using the online application form developed by the Assistant Secretary under paragraph (1)(A)(iii), that includes—
(I) a detailed plan that specifies how the eligible entity will—
(aa) allocate grant funds for the deployment of broadband networks to unserved locations and underserved locations, in accordance with subsection (h)(1)(A)(i); and
(bb) align the grant funds allocated to the eligible entity under subsection (c), where practicable, with the use of other funds that the eligible entity receives from the Federal Government, a State, or a private entity for related purposes;
(II) a timeline for implementation;
(III) processes for oversight and accountability to ensure the proper use of the grant funds allocated to the eligible entity under subsection (c); and
(IV) a description of coordination with local governments, along with local and regional broadband planning processes.
(ii) Local coordination
(I) In general
The Assistant Secretary shall establish local coordination requirements for eligible entities to follow, to the greatest extent practicable.
(II) Requirements
The local coordination requirements established under subclause (I) shall include, at minimum, an opportunity for political subdivisions of an eligible entity to—
(aa) submit plans for consideration by the eligible entity; and
(bb) comment on the final proposal of the eligible entity before the final proposal is submitted to the Assistant Secretary.
(iii) Federal coordination
To ensure efficient and effective use of taxpayer funds, an eligible entity shall, to the greatest extent practicable, align the use of grant funds proposed in the final proposal under clause (i) with funds available from other Federal programs that support broadband deployment and access.
(B) Single final proposal
An eligible entity may submit only 1 final proposal under this paragraph.
(C) Corrections to final proposal
The Assistant Secretary may accept corrections to the final proposal of an eligible entity after the final proposal has been submitted.
(D) Consideration of final proposal
After receipt of a final proposal for a grant under this paragraph, the Assistant Secretary—
(i) shall acknowledge receipt;
(ii) if the final proposal is complete—
(I) shall determine whether the use of funds proposed in the final proposal—
(aa) complies with subsection (f);
(bb) is in the public interest; and
(cc) effectuates the purposes of this Act;
(II) shall approve or disapprove the final proposal based on the determinations under subclause (I); and
(III) if the Assistant Secretary approves the final proposal under clause (ii)(II), shall make available to the eligible entity the remainder of the grant funds allocated to the eligible entity under subsection (c); and
(iii) if the final proposal is incomplete, or is disapproved under clause (ii)(II), shall notify the eligible entity and provide the eligible entity with an opportunity to resubmit the final proposal.
(E) Consideration of resubmitted final proposal
After receipt of a resubmitted final proposal for a grant under this paragraph, the Assistant Secretary—
(i) shall acknowledge receipt;
(ii) if the final proposal is complete—
(I) shall determine whether the use of funds proposed in the final proposal—
(aa) complies with subsection (f);
(bb) is in the public interest; and
(cc) effectuates the purposes of this Act;
(II) shall approve or disapprove the final proposal based on the determinations under subclause (I); and
(III) if the Assistant Secretary approves the final proposal under clause (ii)(II), shall make available to the eligible entity the remainder of the grant funds allocated to the eligible entity under subsection (c); and
(iii) if the final proposal is incomplete, or is disapproved under clause (ii)(II), shall notify the eligible entity and provide the eligible entity with an opportunity to resubmit the final proposal.
(f) Use of funds
An eligible entity may use grant funds received under this section to competitively award subgrants for—
(1) unserved service projects and underserved service projects;
(2) connecting eligible community anchor institutions;
(3) data collection, broadband mapping, and planning;
(4) installing internet and Wi-Fi infrastructure or providing reduced-cost broadband within a multi-family residential building, with priority given to a residential building that—
(A) has a substantial share of unserved households; or
(B) is in a location in which the percentage of individuals with a household income that is at or below 150 percent of the poverty line applicable to a family of the size involved (as determined under
(5) broadband adoption, including programs to provide affordable internet-capable devices; and
(6) any use determined necessary by the Assistant Secretary to facilitate the goals of the Program.
(g) General Program requirements
(1) Subgrantee obligations
A subgrantee, in carrying out activities using amounts received from an eligible entity under this section—
(A) shall adhere to quality-of-service standards, as established by the Assistant Secretary;
(B) shall comply with prudent cybersecurity and supply chain risk management practices, as specified by the Assistant Secretary, in consultation with the Director of the National Institute of Standards and Technology and the Commission;
(C) shall incorporate best practices, as defined by the Assistant Secretary, for ensuring reliability and resilience of broadband infrastructure; and
(D) may not use the amounts to purchase or support—
(i) any covered communications equipment or service, as defined in
(ii) fiber optic cable and optical transmission equipment manufactured in the People's Republic of China, except that the Assistant Secretary may waive the application of this clause with respect to a project if the eligible entity that awards a subgrant for the project shows that such application would unreasonably increase the cost of the project.
(2) Eligible entity obligations
In distributing funds to subgrantees under this section, an eligible entity shall—
(A) ensure that any prospective subgrantee—
(i) is capable of carrying out activities funded by the subgrant in a competent manner in compliance with all applicable Federal, State, and local laws;
(ii) has the financial and managerial capacity to meet—
(I) the commitments of the subgrantee under the subgrant;
(II) the requirements of the Program; and
(III) such requirements as may be further prescribed by the Assistant Secretary; and
(iii) has the technical and operational capability to provide the services promised in the subgrant in the manner contemplated by the subgrant award;
(B) stipulate, in any contract with a subgrantee for the use of such funds, reasonable provisions for recovery of funds for nonperformance; and
(C)(i) distribute the funds in an equitable and non-discriminatory manner; and
(ii) ensure, through a stipulation in any contract with a subgrantee for the use of such funds, that each subgrantee uses the funds in an equitable and nondiscriminatory manner.
(3) Deobligation of awards; internet disclosure
The Assistant Secretary—
(A) shall establish, in coordination with relevant Federal and State partners, appropriate mechanisms to ensure appropriate use of funds made available under this section;
(B) may, in addition to other authority under applicable law—
(i) deobligate grant funds awarded to an eligible entity that—
(I) violates paragraph (2); or
(II) demonstrates an insufficient level of performance, or wasteful or fraudulent spending, as defined in advance by the Assistant Secretary; and
(ii) award grant funds that are deobligated under clause (i) to new or existing applicants consistent with this section; and
(C) shall create and maintain a fully searchable database, accessible on the internet at no cost to the public, that contains information sufficient to allow the public to understand and monitor grants and subgrants awarded under the Program.
(h) Broadband network deployment
(1) Order of awards; priority
(A) In general
An eligible entity, in awarding subgrants for the deployment of a broadband network using grant funds received under this section, as authorized under subsection (f)(1)—
(i) shall award funding in a manner that—
(I) prioritizes unserved service projects;
(II) after certifying to the Assistant Secretary that the eligible entity will ensure coverage of broadband service to all unserved locations within the eligible entity, prioritizes underserved service projects; and
(III) after prioritizing underserved service projects, provides funding to connect eligible community anchor institutions;
(ii) in providing funding under subclauses (I), (II), and (III) of clause (i), shall prioritize funding for deployment of broadband infrastructure for priority broadband projects;
(iii) may not exclude cooperatives, nonprofit organizations, public-private partnerships, private companies, public or private utilities, public utility districts, or local governments from eligibility for such grant funds; and
(iv) shall give priority to projects based on—
(I) deployment of a broadband network to persistent poverty counties or high-poverty areas;
(II) the speeds of the proposed broadband service;
(III) the expediency with which a project can be completed; and
(IV) a demonstrated record of and plans to be in compliance with Federal labor and employment laws.
(B) Authority of Assistant Secretary
The Assistant Secretary may provide additional guidance on the prioritization of subgrants awarded for the deployment of a broadband network using grant funds received under this section.
(2) Challenge process
(A) In general
After submitting an initial proposal under subsection (e)(3) and before allocating grant funds received under this section for the deployment of broadband networks, an eligible entity shall ensure a transparent, evidence-based, and expeditious challenge process under which a unit of local government, nonprofit organization, or other broadband service provider can challenge a determination made by the eligible entity in the initial proposal as to whether a particular location or community anchor institution within the jurisdiction of the eligible entity is eligible for the grant funds, including whether a particular location is unserved or underserved.
(B) Final identification; notification of funding eligibility
After resolving each challenge under subparagraph (A), and not later than 60 days before allocating grant funds received under this section for the deployment of broadband networks, an eligible entity shall provide public notice of the final classification of each unserved location, underserved location, or eligible community anchor institution within the jurisdiction of the eligible entity.
(C) Consultation with NTIA
An eligible entity shall notify the Assistant Secretary of any modification to the initial proposal of the eligible entity submitted under subsection (e)(3) that is necessitated by a successful challenge under subparagraph (A) of this paragraph.
(D) NTIA authority
The Assistant Secretary—
(i) may modify the challenge process required under subparagraph (A) as necessary; and
(ii) may reverse the determination of an eligible entity with respect to the eligibility of a particular location or community anchor institution for grant funds under this section.
(E) Expediting broadband data collection activities
(i), (ii) Omitted
(iii) Implementation
The Commission shall implement the amendments made by this subparagraph as soon as possible after November 15, 2021.
(3) Non-Federal share of broadband infrastructure deployment costs
(A) In general
(i) Matching requirement
In allocating grant funds received under this section for deployment of broadband networks, an eligible entity shall provide, or require a subgrantee to provide, a contribution, derived from non-Federal funds (or funds from a Federal regional commission or authority), except in high-cost areas or as otherwise provided by this Act, of not less than 25 percent of project costs.
(ii) Waiver
Upon request by an eligible entity or a subgrantee, the Assistant Secretary may reduce or waive the required matching contribution under clause (i).
(B) Source of match
A matching contribution under subparagraph (A)—
(i) may be provided by an eligible entity, a unit of local government, a utility company, a cooperative, a nonprofit organization, a for-profit company, regional planning or governmental organization, a Federal regional commission or authority, or any combination thereof;
(ii) may include in-kind contributions; and
(iii) may include funds that were provided to an eligible entity or a subgrantee—
(I) under—
(aa) the Families First Coronavirus Response Act (
(bb) the CARES Act (
(cc) the Consolidated Appropriations Act, 2021 (
(dd) the American Rescue Plan Act of 2021 (
(ee) any amendment made by an Act described in any of items (aa) through (dd); and
(II) for the purpose of deployment of broadband service, as described in the applicable provision of law described in subclause (I).
(C) Definition
For purposes of this paragraph, the term "Federal regional commission or authority" means—
(i) the Appalachian Regional Commission;
(ii) the Delta Regional Authority;
(iii) the Denali Commission; and
(iv) the Northern Border Regional Commission.
(4) Deployment and provision of service requirements
An entity that receives a subgrant under subsection (f)(1) for the deployment of a broadband network—
(A) in providing broadband service using the network—
(i) shall provide broadband service—
(I) at a speed of not less than 100 megabits per second for downloads and 20 megabits per second for uploads;
(II) with a latency that is sufficiently low to allow reasonably foreseeable, real-time, interactive applications; and
(III) with network outages that do not exceed, on average, 48 hours over any 365-day period; and
(ii) shall provide access to broadband service to each customer served by the project that desires broadband service;
(B) shall offer not less than 1 low-cost broadband service option for eligible subscribers, as those terms are defined in paragraph (5) of this subsection;
(C) shall deploy the broadband network and begin providing broadband service to each customer that desires broadband service not later than 4 years after the date on which the entity receives the subgrant, except that an eligible entity may extend the deadline under this subparagraph if—
(i) the eligible entity has a plan for use of the grant funds;
(ii) the construction project is underway; or
(iii) extenuating circumstances require an extension of time to allow the project to be completed;
(D) for any project that involves laying fiber optic cables or conduit underground or along a roadway, shall include interspersed conduit access points at regular and short intervals;
(E) may use the subgrant to deploy broadband infrastructure in or through any area required to reach interconnection points or otherwise to ensure the technical feasibility and financial sustainability of a project providing broadband service to an unserved location, underserved location, or eligible community anchor institution;
(F) once the network has been deployed, shall provide public notice, online and through other means, of that fact to the locations and areas to which broadband service has been provided and share the public notice with the eligible entity that awarded the subgrant;
(G) 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; and
(H) if the entity is no longer able to provide broadband service to the locations covered by the subgrant at any time, shall sell the network capacity at a reasonable, wholesale rate on a nondiscriminatory basis to other broadband service providers or public sector entities.
(5) Low-cost broadband service option
(A) Definitions
In this paragraph—
(i) the term "eligible subscriber" shall have the meaning given the term by the Assistant Secretary for purposes of this paragraph; and
(ii) the term "low-cost broadband service option" shall be defined by an eligible entity for subgrantees of the eligible entity in accordance with subparagraph (B).
(B) Defining "low-cost broadband service option"
(i) Proposal
An eligible entity shall submit to the Assistant Secretary for approval, in the final proposal of the eligible entity submitted under subsection (e)(4), a proposed definition of "low-cost broadband service option" that shall apply to subgrantees of the eligible entity for purposes of the requirement under paragraph (4)(B) of this subsection.
(ii) Consultation
An eligible entity shall consult with the Assistant Secretary and prospective subgrantees regarding a proposed definition of "low-cost broadband service option" before submitting the proposed definition to the Assistant Secretary under clause (i).
(iii) Approval of Assistant Secretary
(I) In general
A proposed definition of "low-cost broadband service option" submitted by an eligible entity under clause (i) shall not take effect until the Assistant Secretary approves the final proposal of the eligible entity submitted under subsection (e)(4), including approval of the proposed definition of "low-cost broadband service option".
(II) Resubmission
If the Assistant Secretary does not approve a proposed definition of "low-cost broadband service option" submitted by an eligible entity under clause (i), the Assistant Secretary shall—
(aa) notify the eligible entity and provide the eligible entity with an opportunity to resubmit the final proposal, as provided in subsection (e)(4), with an improved definition of "low-cost broadband service option"; and
(bb) provide the eligible entity with instructions on how to cure the defects in the proposed definition.
(iv) Public disclosure
After the Assistant Secretary approves the final proposal of an eligible entity under subsection (e)(4), and before the Assistant Secretary disburses any funds to the eligible entity based on that approval, the Assistant Secretary shall publicly disclose the eligible entity's definition of "low-cost broadband service option".
(C) Nonperformance
The Assistant Secretary shall develop procedures under which the Assistant Secretary or an eligible entity may—
(i) evaluate the compliance of a subgrantee with the requirement under paragraph (4)(B); and
(ii) take corrective action, including recoupment of funds from the subgrantee, for noncompliance with the requirement under paragraph (4)(B).
(D) No regulation of rates permitted
Nothing in this subchapter may be construed to authorize the Assistant Secretary or the National Telecommunications and Information Administration to regulate the rates charged for broadband service.
(E) Guidance
The Assistant Secretary may issue guidance to eligible entities to carry out the purposes of this paragraph.
(6) Return of funds
An entity that receives a subgrant from an eligible entity under subsection (f) and fails to comply with any requirement under this subsection shall return up to the entire amount of the subgrant to the eligible entity, at the discretion of the eligible entity or the Assistant Secretary.
(i) Regulations
The Assistant Secretary may issue such regulations or other guidance, forms, instructions, and publications as may be necessary or appropriate to carry out the programs, projects, or activities authorized under this section, including to ensure that those programs, projects, or activities are completed in a timely and effective manner.
(j) Reporting
(1) Eligible entities
(A) Initial report
Not later than 90 days after receiving grant funds under this section, for the sole purposes of providing transparency and providing information to inform future Federal broadband planning, an eligible entity shall submit to the Assistant Secretary a report that—
(i) describes the planned and actual use of funds;
(ii) describes the planned and actual process of subgranting;
(iii) identifies the establishment of appropriate mechanisms by the eligible entity to ensure that all subgrantees of the eligible entity comply with the eligible uses prescribed under subsection (f); and
(iv) includes any other information required by the Assistant Secretary.
(B) Semiannual report
Not later than 1 year after receiving grant funds under this section, and semiannually thereafter until the funds have been expended, an eligible entity shall submit to the Assistant Secretary a report, with respect to the 6-month period immediately preceding the report date, that—
(i) describes how the eligible entity expended the grant funds;
(ii) describes each service provided with the grant funds;
(iii) describes the number of locations at which broadband service was made available using the grant funds, and the number of those locations at which broadband service was utilized; and
(iv) certifies that the eligible entity complied with the requirements of this section and with any additional reporting requirements prescribed by the Assistant Secretary.
(C) Final report
Not later than 1 year after an eligible entity has expended all grant funds received under this section, the eligible entity shall submit to the Assistant Secretary a report that—
(i) describes how the eligible entity expended the funds;
(ii) describes each service provided with the grant funds;
(iii) describes the number of locations at which broadband service was made available using the grant funds, and the number of those locations at which broadband service was utilized;
(iv) includes each report that the eligible entity received from a subgrantee under paragraph (2); and
(v) certifies that the eligible entity complied with the requirements of this section and with any additional reporting requirements prescribed by the Assistant Secretary.
(D) Provision to FCC and USDA
Subject to section 904(b)(2) of division FF of the Consolidated Appropriations Act, 2021 (
(E) Federal agency reporting requirement
(i) Definitions
In this subparagraph, the terms "agency" and "Federal broadband support program" have the meanings given those terms in section 903 of division FF of the Consolidated Appropriations Act, 2021 (
(ii) Requirement
An agency that offers a Federal broadband support program shall provide data to the Assistant Secretary, in a manner and format prescribed by the Assistant Secretary, to promote coordination of efforts to track construction and use of broadband infrastructure.
(2) Subgrantees
(A) Semiannual report
The recipient of a subgrant from an eligible entity under this section shall submit to the eligible entity a semiannual report for the duration of the subgrant to track the effectiveness of the use of funds provided.
(B) Contents
Each report submitted under subparagraph (A) shall—
(i) describe each type of project carried out using the subgrant and the duration of the subgrant;
(ii) in the case of a broadband infrastructure project—
(I) include a list of addresses or locations that constitute the service locations that will be served by the broadband infrastructure to be constructed;
(II) identify whether each address or location described in subclause (I) is residential, commercial, or a community anchor institution;
(III) describe the types of facilities that have been constructed and installed;
(IV) describe the peak and off-peak actual speeds of the broadband service being offered;
(V) describe the maximum advertised speed of the broadband service being offered;
(VI) describe the non-promotional prices, including any associated fees, charged for different tiers of broadband service being offered;
(VII) include any other data that would be required to comply with the data and mapping collection standards of the Commission under section 1.7004 of title 47, Code of Federal Regulations, or any successor regulation, for broadband infrastructure projects; and
(VIII) comply with any other reasonable reporting requirements determined by the eligible entity or the Assistant Secretary; and
(iii) certify that the information in the report is accurate.
(3) Standardization and coordination
The Assistant Secretary and the Commission shall collaborate to—
(A) standardize and coordinate reporting of locations at which broadband service was provided using grant funds received under this section in accordance with title VIII of the Communications Act of 1934 (
(B) provide a standardized methodology to recipients of grants and subgrantees under this section for reporting the information described in subparagraph (A).
(4) Information on broadband subsidies and low-income plans
(A) Establishment of website
Not later than 2 years after November 15, 2021, the Assistant Secretary, in consultation with the Commission, shall establish a publicly available website that—
(i) 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 service; or
(II) for a low-income plan with respect to broadband service; and
(ii) contains information regarding how to apply for the applicable benefit described in clause (i).
(B) Provision of data
A Federal entity, State entity receiving Federal funds, or provider of broadband service that offers a subsidy or low-income plan, as applicable, with respect to broadband service shall provide data to the Assistant Secretary in a manner and format as established by the Assistant Secretary as necessary for the Assistant Secretary to carry out subparagraph (A).
(k) Relation to other public funding
Notwithstanding any other provision of law—
(1) an entity that has received amounts from the Federal Government or a State or local government for the purpose of expanding access to broadband service may receive a subgrant under subsection (f) in accordance with this section; and
(2) the receipt of a subgrant under subsection (f) by an entity described in paragraph (1) of this subsection shall not affect the eligibility of the entity to receive the amounts from the Federal Government or a State or local government described in that paragraph.
(l) Supplement not supplant
Grant funds awarded to an eligible entity under this section shall be used to supplement, and not supplant, the amounts that the eligible entity would otherwise make available for the purposes for which the grant funds may be used.
(m) Sense of Congress regarding Federal agency coordination
It is the sense of Congress that Federal agencies responsible for supporting broadband deployment, including the Commission, the Department of Commerce, and the Department of Agriculture, to the extent possible, should align the goals, application and reporting processes, and project requirements with respect to broadband deployment supported by those agencies.
(n) Judicial review
(1) In general
The United States District Court for the District of Columbia shall have exclusive jurisdiction to review a decision of the Assistant Secretary made under this section.
(2) Standard of review
In carrying out any review described in paragraph (1), the court shall affirm the decision of the Assistant Secretary unless—
(A) the decision was procured by corruption, fraud, or undue means;
(B) there was actual partiality or corruption in the Assistant Secretary; or
(C) the Assistant Secretary was guilty of—
(i) misconduct in refusing to review the administrative record; or
(ii) any other misbehavior by which the rights of any party have been prejudiced.
(o) Exemption from certain laws
Any action taken or decision made by the Assistant Secretary under this section shall be exempt from the requirements of—
(1)
(2)
(3)
(
Editorial Notes
References in Text
The American Rescue Plan Act of 2021, referred to in subsecs. (e)(1)(B)(ii)(I)(aa)(DD), (h)(3)(B)(iii)(I)(dd), is
This Act, referred to in subsecs. (e)(3)(D)(ii)(I)(cc), (E)(ii)(I)(cc), (4)(D)(ii)(I)(cc), (E)(ii)(I)(cc), and (h)(3)(A)(i), means div. F of
For the amendments made by this subparagraph, referred to in subsec. (h)(2)(E)(iii), see Codification note below.
The Families First Coronavirus Response Act, referred to in subsec. (h)(3)(B)(iii)(I)(aa), is
The CARES Act, referred to in subsec. (h)(3)(B)(iii)(I)(bb), also known as the Coronavirus Aid, Relief, and Economic Security Act, is
The Consolidated Appropriations Act, 2021, referred to in subsec. (h)(3)(B)(iii)(I)(cc), is
This subchapter, referred to in subsec. (h)(5)(D), was in the original "this title", meaning title I of div. F of
The Communications Act of 1934, referred to in subsec. (j)(3)(A), is act June 19, 1934, ch. 652,
Codification
Section is comprised of section 60102 of
Statutory Notes and Related Subsidiaries
Definition of "This Act"
For definition of "this Act" as used in this section, see section 2 of
1 So in original. Probably should be "approves".
§1703. Broadband DATA maps
(a) Definition
In this section, the term "Commission" means the Federal Communications Commission.
(b) Provision of information
A broadband provider shall provide the Commission with any information, in the format, type, or specification requested by the Commission, necessary to augment the collection of data by the Commission under—
(1) title VIII of the Communications Act of 1934 (
(2) the Form 477 data collection program.
(c) Notice of initial broadband DATA collection filing deadline
The Commission—
(1) shall provide notice to broadband providers not later than 60 days before the initial deadline for submission of data under section 802(a)(1)(A) of the Communications Act of 1934 (
(2) notwithstanding any prior decision of the Commission to the contrary, shall not be required to provide notice not later than 6 months before the initial deadline described in paragraph (1).
(
Editorial Notes
References in Text
The Communications Act of 1934, referred to in subsec. (b)(1), is act June 19, 1934, ch. 652,
Codification
Section is comprised of section 60103 of
§1704. Broadband Deployment Locations Map
(a) Definitions
In this section:
(1) Broadband infrastructure
The term "broadband infrastructure" means any cables, fiber optics, wiring, or other permanent (integral to the structure) infrastructure, including wireless infrastructure, that—
(A) is capable of providing access to internet connections in individual locations; and
(B) is an advanced telecommunications capability, as defined in
(2) Commission
The term "Commission" means the Federal Communications Commission.
(3) Deployment Locations Map
The term "Deployment Locations Map" means the mapping tool required to be established under subsection (b).
(b) Establishment of Deployment Locations Map
Not later than 18 months after November 15, 2021, the Commission shall, in consultation with all relevant Federal agencies, establish an online mapping tool to provide a locations overview of the overall geographic footprint of each broadband infrastructure deployment project funded by the Federal Government.
(c) Requirements
The Deployment Locations Map shall be—
(1) the centralized, authoritative source of information on funding made available by the Federal Government for broadband infrastructure deployment in the United States; and
(2) made publicly available on the website of the Commission.
(d) Functions
In establishing the Deployment Locations Map, the Commission shall ensure that the Deployment Locations Map—
(1) compiles data related to Federal funding for broadband infrastructure deployment provided by the Commission, the National Telecommunications and Information Administration, the Department of Agriculture, the Department of Health and Human Services, the Department of the Treasury, the Department of Housing and Urban Development, the Institute of Museum and Library Sciences, and any other Federal agency that provides such data relating to broadband infrastructure deployment funding to the Commission, including funding under—
(A) this Act;
(B) the Coronavirus Aid, Relief, and Economic Security Act (
(C) the Consolidated Appropriations Act, 2021 (
(D) American Rescue Plan Act of 2021 (
(E) any Federal amounts appropriated or any Federal program authorized after November 15, 2021, to fund broadband infrastructure deployment;
(2) contains data, with respect to each broadband infrastructure deployment program, relating to—
(A) the Federal agency of jurisdiction;
(B) the program title; and
(C) the network type, including wired, terrestrial fixed, wireless, mobile, and satellite broadband infrastructure deployment;
(3) allows users to manipulate the Deployment Locations Map to identify, search, and filter broadband infrastructure deployment projects by—
(A) company name;
(B) duration timeline, including the dates of a project's beginning and ending, or anticipated beginning or ending date;
(C) total number of locations to which a project makes service available; and
(D) relevant download and upload speeds; and
(4) incorporates broadband service availability data as depicted in the Broadband Map created under
(e) Periodic updates
(1) In general
The Commission shall, in consultation with relevant Federal agencies, ensure the Deployment Locations Map is maintained and up to date on a periodic basis, but not less frequently than once every 180 days.
(2) Other Federal agencies
Each Federal agency providing funding for broadband infrastructure deployment shall report relevant data to the Commission on a periodic basis.
(f) No effect on programmatic missions
Nothing in this section shall be construed to affect the programmatic missions of Federal agencies providing funding for broadband infrastructure development.
(g) Nonduplication
The requirements in this section shall be consistent with and avoid duplication with the provisions of section 903 of division FF of the Consolidated Appropriations Act, 2021 (
(h) Funding
Of the amounts appropriated to carry out this division under this Act, $10,000,000 shall be made available to carry out this section.
(
Editorial Notes
References in Text
This Act, referred to in subsecs. (d)(1)(A) and (h), means div. F of
The Coronavirus Aid, Relief, and Economic Security Act, referred to in subsec. (d)(1)(B), also known as the CARES Act, is
The Consolidated Appropriations Act, 2021, referred to in subsec. (d)(1)(C), is
The American Rescue Plan Act of 2021, referred to in subsec. (d)(1)(D), is
Statutory Notes and Related Subsidiaries
Definitions
For definition of "this Act" as used in this section, see section 2 of
§1705. Grants for broadband connectivity
(a) Definitions
In this section:
(1) Assistant Secretary
The term "Assistant Secretary" means the Assistant Secretary of Commerce for Communications and Information.
(2) Broadband or broadband service.—
The term "broadband" or "broadband service" has the meaning given the term "broadband internet access service" in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation.
(3) Commission
The term "Commission" means the Federal Communications Commission.
(4) Covered broadband project
The term "covered broadband project" means a competitively and technologically neutral project for the deployment of fixed broadband service that provides qualifying broadband service in an eligible service area.
(5) Covered partnership
The term "covered partnership" means a partnership between—
(A) a State, or 1 or more political subdivisions of a State; and
(B) a provider of fixed broadband service.
(6) Department
The term "Department" means the Department of Commerce.
(7) Eligible service area
The term "eligible service area" means a census block in which broadband service is not available at 1 or more households or businesses in the census block, as determined by the Assistant Secretary on the basis of—
(A) the maps created under section 802(c)(1) of the Communications Act of 1934 (
(B) if the maps described in subparagraph (A) are not available, the most recent information available to the Assistant Secretary, including information provided by the Commission.
(8) Eligible entity
The term "eligible entity" means—
(A) a Tribal Government;
(B) a Tribal College or University;
(C) the Department of Hawaiian Home Lands on behalf of the Native Hawaiian Community, including Native Hawaiian Education Programs;
(D) a Tribal organization; or
(E) a Native Corporation.
(9) Native Corporation
The term "Native Corporation" has the meaning given the term in
(10) Native Hawaiian
The term "Native Hawaiian" has the meaning given the term in
(11) Qualifying broadband service
The term "qualifying broadband service" means broadband service with—
(A) a download speed of not less than 25 megabits per second;
(B) an upload speed of not less than 3 megabits per second; and
(C) a latency sufficient to support real-time, interactive applications.
(12) Tribal Government
The term "Tribal Government" means the governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually recognized (including parenthetically) in the list published most recently as of December 27, 2020, pursuant to
(13) Tribal land
The term "Tribal land" means—
(A) any land located within the boundaries of—
(i) an Indian reservation, pueblo, or rancheria; or
(ii) a former reservation within Oklahoma;
(B) any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held—
(i) in trust by the United States for the benefit of an Indian Tribe or an individual Indian;
(ii) by an Indian Tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or
(iii) by a dependent Indian community;
(C) any land located within a region established pursuant to
(D) Hawaiian Home Lands, as defined in
(E) those areas or communities designated by the Assistant Secretary of Indian Affairs of the Department of the Interior that are near, adjacent, or contiguous to reservations where financial assistance and social service programs are provided to Indians because of their status as Indians.
(14) Unserved
The term "unserved", with respect to a household, means—
(A) the household lacks access to qualifying broadband service; and
(B) no broadband provider has been selected to receive, or is otherwise receiving, Federal or State funding subject to enforceable build out commitments to deploy qualifying broadband service in the specific area where the household is located by dates certain, even if such service is not yet available, provided that the Federal or State agency providing the funding has not deemed the service provider to be in default of its buildout obligations under the applicable Federal or State program.
(b) Direct appropriation
There is appropriated to the Assistant Secretary, out of amounts in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2021, to remain available until expended—
(1) $1,000,000,000 for grants under subsection (c); and
(2) $300,000,000 for grants under subsection (d).
(c) Tribal Broadband Connectivity Program
(1) Tribal broadband connectivity grants
The Assistant Secretary shall use the funds made available under subsection (b)(1) to implement a program to make grants to eligible entities to expand access to and adoption of—
(A) broadband service on Tribal land; or
(B) remote learning, telework, or telehealth resources.
(2) Grants
From the amounts appropriated under subsection (b)(1), the Assistant Secretary shall award a grant to each eligible entity that submits an application that the Assistant Secretary approves after consultation with the Commission to prevent duplication of funding.
(3) Allocations
(A) Equitable distribution
The amounts appropriated under subsection (b)(1) shall be made available to eligible entities on an equitable basis, and not less than 3 percent of those amounts shall be made available for the benefit of Native Hawaiians.
(B) Administrative expenses of Assistant Secretary
The Assistant Secretary may use not more than 2 percent of amounts appropriated under subsection (b)(1) for administrative purposes, including the provision of technical assistance to Tribal Governments to help those Governments take advantage of the program established under this subsection.
(4) Use of grant funds
(A) Commitment deadline
(i) In general
Not later than 18 months after receiving an allocation of funds pursuant to a specific grant award under this subsection, an eligible entity shall commit the funds in accordance with the approved application of the entity.
(ii) Reversion of funds
Any grant funds not committed by an eligible entity by the deadline under clause (i) shall be made available to other eligible entities for the purposes provided in this subsection.
(B) Expenditure deadline
(i) In general
Not later than 4 years after receiving an allocation of funds pursuant to a specific grant award under this subsection, an eligible entity shall expend the grant funds.
(ii) Extensions for infrastructure projects
The Assistant Secretary may extend the period under clause (i) for an eligible entity that proposes to use the grant funds for construction of broadband infrastructure if the eligible entity certifies that—
(I) the eligible entity has a plan for use of the grant funds;
(II) the construction project is underway; or
(III) extenuating circumstances require an extension of time to allow the project to be completed.
(iii) Extensions for other projects
The Assistant Secretary may, for good cause shown, extend the period under clause (i) for an eligible entity that proposes to use the grant funds for an eligible use other than construction of broadband infrastructure, based on a detailed showing by the eligible entity of the need for an extension.
(iv) Reversion of funds
Any grant funds not expended by an eligible entity by the deadline under clause (i) shall be made available to other eligible entities for the purposes provided in this subsection.
(C) Multiple grant awards
If the Assistant Secretary awards multiple grants to an eligible entity under this subsection, the deadlines under subparagraphs (A) and (B) shall apply individually to each grant award.
(5) Eligible uses
An eligible entity may use grant funds made available under this subsection for—
(A) broadband infrastructure deployment, including support for the establishment of carrier-neutral submarine cable landing stations;
(B) affordable broadband programs, including—
(i) providing free or reduced-cost broadband service; and
(ii) preventing disconnection of existing broadband service;
(C) distance learning;
(D) telehealth;
(E) digital inclusion efforts; and
(F) broadband adoption activities.
(6) Administrative expenses of eligible entities
(A) In general
Except as provided in subparagraph (B), an eligible entity may use not more than 2 percent of grant funds received under this subsection for administrative purposes.
(B) Broadband infrastructure projects
An eligible entity that proposes to use grant funds for the construction of broadband infrastructure may use an amount of the grant funds equal to not more than 2.5 percent of the total project cost for planning, feasibility, and sustainability studies related to the project.
(7) Subgrantees
(A) In general
An eligible entity may enter into a contract with a subgrantee, including a non-Tribal entity, as part of its use of grant funds pursuant to this subsection.
(B) Requirements
An eligible entity that enters into a contract with a subgrantee for use of grant funds received under this subsection shall—
(i) before entering into the contract, after a reasonable investigation, make a determination that the subgrantee—
(I) is capable of carrying out the project for which grant funds will be provided in a competent manner in compliance with all applicable laws;
(II) has the financial capacity to meet the obligations of the project and the requirements of this subsection; and
(III) has the technical and operational capability to carry out the project; and
(ii) stipulate in the contract reasonable provisions for recovery of funds for nonperformance.
(8) Broadband infrastructure deployment
In using grant funds received under this subsection for new construction of broadband infrastructure, an eligible entity shall prioritize projects that deploy broadband infrastructure to unserved households.
(d) Broadband infrastructure program
(1) Broadband infrastructure deployment grants
The Assistant Secretary shall use the funds made available under subsection (b)(2) to implement a program under which the Assistant Secretary makes grants on a competitive basis to covered partnerships for covered broadband projects.
(2) Mapping
(A) Data from commission
Not less frequently than annually, the Commission shall, through the process established under section 802(b)(7)) 1 of the Communications Act of 1934 (
(B) Use by Assistant Secretary
The Assistant Secretary shall rely on the data provided under subparagraph (A) in carrying out this subsection to the greatest extent practicable.
(3) Eligibility requirements
To be eligible for a grant under this subsection, a covered partnership shall submit an application at such time, in such manner, and containing such information as the Assistant Secretary may require, which application shall, at a minimum, include a description of—
(A) the covered partnership;
(B) the covered broadband project to be funded by the grant, including—
(i) the speed or speeds at which the covered partnership plans to offer broadband service; and
(ii) the cost of the project;
(C) the area to be served by the covered broadband project (in this paragraph referred to as the "proposed service area");
(D) any support provided to the provider of broadband service that is part of the covered partnership through—
(i) any grant, loan, or loan guarantee provided by a State to the provider of broadband service for the deployment of broadband service in the proposed service area;
(ii) any grant, loan, or loan guarantee with respect to the proposed service area provided by the Secretary of Agriculture—
(I) under title VI of the Rural Electrification Act of 1936 (
(aa) any program to provide grants, loans, or loan guarantees under sections 601 through 603 of that Act (
(bb) the Community Connect Grant Program established under section 604 of that Act (
(II) the broadband loan and grant pilot program known as the "Rural eConnectivity Pilot Program" or the "ReConnect Program" authorized under section 779 of division A of the Consolidated Appropriations Act, 2018 (
(iii) any high-cost universal service support provided under section 254 of the Communications Act of 1934 (
(iv) any grant provided under
(v) amounts made available for the Education Stabilization Fund under the heading "DEPARTMENT OF EDUCATION" in title VIII of division B of the CARES Act (
(vi) any other grant, loan, or loan guarantee provided by the Federal Government for the provision of broadband service.
(4) Priority
In awarding grants under this subsection, the Assistant Secretary shall give priority to applications for covered broadband projects as follows, in decreasing order of priority:
(A) Covered broadband projects designed to provide broadband service to the greatest number of households in an eligible service area.
(B) Covered broadband projects designed to provide broadband service in an eligible service area that is wholly within any area other than—
(i) a county, city, or town that has a population of more than 50,000 inhabitants; and
(ii) the urbanized area contiguous and adjacent to a city or town described in clause (i).
(C) Covered broadband projects that are the most cost-effective, prioritizing such projects in areas that are the most rural.
(D) Covered broadband projects designed to provide broadband service with a download speed of not less than 100 megabits per second and an upload speed of not less than 20 megabits per second.
(E) Any other covered broadband project that meets the requirements of this subsection.
(5) Expenditure deadline
(A) In general
Not later than 1 year after receiving grant funds under this subsection, a covered partnership shall expend the grant funds.
(B) Extensions
The Assistant Secretary may extend the period under subparagraph (A) for a covered partnership that proposes to use the grant funds for construction of broadband infrastructure if the covered partnership certifies that—
(i) the covered partnership has a plan for use of the grant funds;
(ii) the construction project is underway; or
(iii) extenuating circumstances require an extension of time to allow the project to be completed.
(C) Reversion of funds
Any grant funds not expended by an covered partnership by the deadline under subparagraph (A) shall be made available to other covered partnerships for the purposes provided in this subsection.
(6) Grant conditions
(A) Prohibitions
As a condition of receiving a grant under this subsection, the Assistant Secretary shall prohibit a provider of broadband service that is part of a covered partnership receiving the grant—
(i) from using the grant amounts to repay, or make any other payment relating to, a loan made by any public or private lender;
(ii) from using grant amounts as collateral for a loan made by any public or private lender; and
(iii) from using more than $50,000 of the grant amounts to pay for the preparation of the grant.
(B) Nondiscrimination
The Assistant Secretary may not require a provider of broadband service that is part of a covered partnership to be designated as an eligible telecommunications carrier pursuant to section 214(e) of the Communications Act of 1934 (
(e) Implementation
(1) Requirements; outreach
Not earlier than 30 days, and not later than 60 days, after December 27, 2020, the Assistant Secretary shall—
(A) issue a notice inviting eligible entities and covered partnerships to submit applications for grants under this section, which shall contain details about how awarding decisions will be made; and
(B) outline—
(i) the requirements for applications for grants under this section; and
(ii) the allowed uses of grant funds awarded under this section.
(2) Applications
(A) Submission
During the 90-day period beginning on the date on which the Assistant Secretary issues the notice under paragraph (1), an eligible entity or covered partnership may submit an application for a grant under this section.
(B) Processing
(i) In general
Not later than 90 days after receiving an application under subparagraph (A), the Assistant Secretary shall approve or deny the application.
(ii) Denial
The Assistant Secretary may deny an application submitted under subparagraph (A) only if—
(I) the Assistant Secretary provides the applicant an opportunity to cure any defects in the application; and
(II) after receiving the opportunity under subclause (I), the applicant still fails to meet the requirements of this section.
(C) Single application
An eligible entity or covered partnership may submit only 1 application under this paragraph.
(D) Proposed use of funds
An application submitted by an eligible entity or a covered partnership under this paragraph shall describe each proposed use of grant funds.
(E) Allocation of funds
Not later than 14 days after approving an application for a grant under this paragraph, the Assistant Secretary shall allocate the grant funds to the eligible entity or covered partnership.
(F) Treatment of unallocated funds
(i) In general
If an eligible entity or covered partnership does not submit an application by the deadline under subparagraph (A), or the Assistant Secretary does not approve an application submitted by an eligible entity or a covered partnership under that subparagraph, the Assistant Secretary shall make the amounts allocated for, as applicable—
(I) the eligible entity under subsection (c) available to other eligible entities on an equitable basis; or
(II) the covered partnership under subsection (d) to other covered partnerships.
(ii) Second process
The Assistant Secretary shall initiate a second notice and application process described in this subsection to reallocate any funds made available to other eligible entities or covered partnerships under clause (i).
(3) Transparency, accountability, and oversight required
In implementing this section, the Assistant Secretary shall adopt measures, including audit requirements, to—
(A) ensure sufficient transparency, accountability, and oversight to provide the public with information regarding the award and use of grant funds under this section;
(B) ensure that a recipient of a grant under this section uses the grant funds in compliance with the requirements of this section and the overall purpose of the applicable grant program under this section; and
(C) deter waste, fraud, and abuse of grant funds.
(4) Prohibition on use for covered communications equipment or services
An eligible entity or covered partnership may not use grant funds received under this section to purchase or support any covered communications equipment or service (as defined in
(5) Unauthorized use of funds
To the extent that the Assistant Secretary or the Inspector General of the Department determines that an eligible entity or covered partnership has expended grant funds received under this section in violation of this section, the Assistant Secretary shall recover the amount of funds that were so expended.
(6) Additional appropriations for Tribal Broadband Connectivity Program
(A) Definition
In this paragraph, the term "initial round of funding"—
(i) means the allocation under paragraph (2)(E) of funds appropriated under subsection (b)(1); and
(ii) does not include any reallocation of funds under paragraph (2)(F).
(B) New funding
If Congress appropriates additional funds for grants under subsection (c) after the date of enactment of this Act, the Assistant Secretary—
(i) may use a portion of the funds to fully fund any grants under that subsection for which the Assistant Secretary received an application and which the Assistant Secretary did not fully fund during the initial round of funding; and
(ii) shall allocate any remaining funds through subsequent funding rounds consistent with the requirements of this section, except as provided in subparagraph (C) of this paragraph.
(C) Exceptions
If Congress appropriates additional funds for grants under subsection (c) after the date of enactment of this Act—
(i) the Assistant Secretary shall not be required to issue an additional notice under paragraph (1) of this subsection, but shall inform eligible entities that additional funding has been made available for grants under subsection (c) and describe the changes made to the Tribal Broadband Connectivity Program under that subsection by section 60201 of the Infrastructure Investment and Jobs Act;
(ii) the requirement under paragraph (2)(C) of this subsection shall be applied individually to each round of funding for grants under subsection (c);
(iii) paragraph (2)(A) of this subsection shall be applied by substituting "180-day period beginning on the date on which the Assistant Secretary informs eligible entities that additional funding has been made available for grants under subsection (c)" for "90-day period beginning on the date on which the Assistant Secretary issues the notice under paragraph (1)"; and
(iv) notwithstanding paragraph (2)(F) of this subsection, in the case of funds appropriated under subsection (b)(1) that were not allocated during the initial round of funding, the Assistant Secretary may elect to allocate the funds during any subsequent round of funding for grants under subsection (c).
(f) Reporting
(1) Eligible entities and covered partnerships
(A) Annual report
Not later than 1 year after receiving grant funds under this section, and annually thereafter until the funds have been expended, an eligible entity or covered partnership shall submit to the Assistant Secretary a report, with respect to the 1-year period immediately preceding the report date, that—
(i) describes how the eligible entity or covered partnership expended the funds;
(ii) certifies that the eligible entity or covered partnership complied with the requirements of this section and with any additional reporting requirements prescribed by the Assistant Secretary, including—
(I) a description of each service provided with the grant funds; and
(II) the number of locations or geographic areas at which broadband service was provided using the grant funds; and
(iii) identifies each subgrantee that received a subgrant from the eligible entity or covered partnership and a description of the specific project for which grant funds were provided.
(B) Provision of information to FCC and USDA
The Assistant Secretary shall provide the information collected under subparagraph (A) to the Commission and the Department of Agriculture to be used when determining whether to award funds for the deployment of broadband under any program administered by those agencies.
(C) Transmission of reports to Congress
Not later than 5 days after receiving a report from an eligible entity under subparagraph (A), the Assistant Secretary shall transmit the report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives.
(2) Inspector General and GAO
Not later than 6 months after the date on which the first grant is awarded under this section, and every 6 months thereafter until all of the grant funds awarded under this section are expended, the Inspector General of the Department and the Comptroller General of the United States shall each 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 reviews the grants awarded under this section during the preceding 6-month period. Each such report shall include recommendations to address waste, fraud, and abuse, if any.
(g) Impact on other Federal broadband programs
The use of grant funds received under this section by an eligible entity, covered partnership, or subgrantee shall not impact the eligibility of, or otherwise disadvantage, the eligible entity, covered partnership, or subgrantee with respect to participation in any other Federal broadband program.
(
Editorial Notes
References in Text
The Communications Act of 1934, referred to in subsec. (d)(2)(A), is act June 19, 1934, ch. 652,
The Rural Electrification Act of 1936, referred to in subsec. (d)(3)(D)(ii)(I), is act May 20, 1936, ch. 432,
Section 779 of division A of the Consolidated Appropriations Act, 2018, referred to in subsec. (d)(3)(D)(ii)(II), is section 779 of
The date of enactment of this Act, referred to in subsec. (e)(6)(B), (C), probably means the date of enactment of
Section 60201 of the Infrastructure Investment and Jobs Act, referred to in subsec. (e)(6)(C)(i), is section 60201 of
Codification
Section was formerly set out as a note under
Amendments
2021—Subsec. (c)(1)(B).
Subsec. (c)(4)(A)(i).
Subsec. (c)(4)(A)(ii).
Subsec. (c)(4)(B)(i).
Subsec. (c)(4)(B)(iii), (iv).
Subsec. (c)(4)(C).
Subsec. (c)(6).
Subsec. (e)(6).
1 So in original. The second closing parenthesis probably should not appear.
SUBCHAPTER II—DIGITAL EQUITY ACT OF 2021
§1721. Definitions
In this subchapter:
(1) Adoption of broadband
The term "adoption of broadband" means the process by which an individual obtains daily access to the internet—
(A) at a speed, quality, and capacity—
(i) that is necessary for the individual to accomplish common tasks; and
(ii) such that the access qualifies as an advanced telecommunications capability;
(B) with the digital skills that are necessary for the individual to participate online; and
(C) on a—
(i) personal device; and
(ii) secure and convenient network.
(2) Advanced telecommunications capability
The term "advanced telecommunications capability" has the meaning given the term in
(3) Aging individual
The term "aging individual" has the meaning given the term "older individual" in
(4) Appropriate committees of Congress
The term "appropriate committees of Congress" means—
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Commerce, Science, and Transportation of the Senate;
(C) the Committee on Appropriations of the House of Representatives; and
(D) the Committee on Energy and Commerce of the House of Representatives.
(5) Assistant Secretary
The term "Assistant Secretary" means the Assistant Secretary of Commerce for Communications and Information.
(6) Community anchor institution
The term "community anchor institution" means a public school, a public or multi-family housing authority, a library, a medical or healthcare provider, a community college or other institution of higher education, a State library agency, and any other nonprofit or governmental community support organization.
(7) Covered household
The term "covered household" means a household, the income of which for the most recently completed year is not more than 150 percent of an amount equal to the poverty level, as determined by using criteria of poverty established by the Bureau of the Census.
(8) Covered populations
The term "covered populations" means—
(A) individuals who live in covered households;
(B) aging individuals;
(C) incarcerated individuals, other than individuals who are incarcerated in a Federal correctional facility;
(D) veterans;
(E) individuals with disabilities;
(F) individuals with a language barrier, including individuals who—
(i) are English learners; and
(ii) have low levels of literacy;
(G) individuals who are members of a racial or ethnic minority group; and
(H) individuals who primarily reside in a rural area.
(9) Covered programs
The term "covered programs" means the State Digital Equity Capacity Grant Program established under
(10) Digital equity
The term "digital equity" means the condition in which individuals and communities have the information technology capacity that is needed for full participation in the society and economy of the United States.
(11) Digital inclusion
The term "digital inclusion"—
(A) means the activities that are necessary to ensure that all individuals in the United States have access to, and the use of, affordable information and communication technologies, such as—
(i) reliable fixed and wireless broadband internet service;
(ii) internet-enabled devices that meet the needs of the user; and
(iii) applications and online content designed to enable and encourage self-sufficiency, participation, and collaboration; and
(B) includes—
(i) obtaining access to digital literacy training;
(ii) the provision of quality technical support; and
(iii) obtaining basic awareness of measures to ensure online privacy and cybersecurity.
(12) Digital literacy
The term "digital literacy" means the skills associated with using technology to enable users to find, evaluate, organize, create, and communicate information.
(13) Disability
The term "disability" has the meaning given the term in
(14) Eligible State
The term "eligible State" means—
(A) with respect to planning grants made available under section 60304(c)(3), a State with respect to which the Assistant Secretary has approved an application submitted to the Assistant Secretary under
(B) with respect to capacity grants awarded under
(15) Gender identity
The term "gender identity" has the meaning given the term in
(16) Indian Tribe
The term "Indian Tribe" has the meaning given the term in
(17) Institution of higher education
The term "institution of higher education"—
(A) has the meaning given the term in
(B) includes a postsecondary vocational institution.
(18) Local educational agency
The term "local educational agency" has the meaning given the term in
(19) Postsecondary vocational institution
The term "postsecondary vocational institution" has the meaning given the term in
(20) Rural area
The term "rural area" has the meaning given the term in
(21) State
The term "State" means—
(A) any State of the United States;
(B) the District of Columbia; and
(C) the Commonwealth of Puerto Rico.
(22) Veteran
The term "veteran" has the meaning given the term in
(23) Workforce development program
The term "workforce development program" has the meaning given the term in
(
Statutory Notes and Related Subsidiaries
Short Title
For short title of this subchapter as the "Digital Equity Act of 2021", see section 60301 of
§1722. Sense of Congress
It is the sense of Congress that—
(1) a broadband connection and digital literacy are increasingly critical to how individuals—
(A) participate in the society, economy, and civic institutions of the United States; and
(B) access health care and essential services, obtain education, and build careers;
(2) digital exclusion—
(A) carries a high societal and economic cost;
(B) materially harms the opportunity of an individual with respect to the economic success, educational achievement, positive health outcomes, social inclusion, and civic engagement of that individual; and
(C) exacerbates existing wealth and income gaps, especially those experienced by covered populations;
(3) achieving digital equity for all people of the United States requires additional and sustained investment and research efforts;
(4) the Federal Government, as well as State, tribal, territorial, and local governments, have made social, legal, and economic obligations that necessarily extend to how the citizens and residents of those governments access and use the internet; and
(5) achieving digital equity is a matter of social and economic justice and is worth pursuing.
(
§1723. State Digital Equity Capacity Grant Program
(a) Establishment; purpose
(1) In general
The Assistant Secretary shall establish in the Department of Commerce the State Digital Equity Capacity Grant Program (referred to in this section as the "Program")—
(A) the purpose of which is to promote the achievement of digital equity, support digital inclusion activities, and build capacity for efforts by States relating to the adoption of broadband by residents of those States;
(B) through which the Assistant Secretary shall make grants to States in accordance with the requirements of this section; and
(C) which shall ensure that States have the capacity to promote the achievement of digital equity and support digital inclusion activities.
(2) Consultation with other Federal agencies; no conflict
In establishing the Program under paragraph (1), the Assistant Secretary shall—
(A) consult with—
(i) the Secretary of Agriculture;
(ii) the Secretary of Housing and Urban Development;
(iii) the Secretary of Education;
(iv) the Secretary of Labor;
(v) the Secretary of Health and Human Services;
(vi) the Secretary of Veterans Affairs;
(vii) the Secretary of the Interior;
(viii) the Federal Communications Commission;
(ix) the Federal Trade Commission;
(x) the Director of the Institute of Museum and Library Services;
(xi) the Administrator of the Small Business Administration;
(xii) the Federal Co-Chair of the Appalachian Regional Commission; and
(xiii) the head of any other agency that the Assistant Secretary determines to be appropriate; and
(B) ensure that the Program complements and enhances, and does not conflict with, other Federal broadband initiatives and programs.
(b) Administering entity
(1) Selection; function
The governor (or equivalent official) of a State that wishes to be awarded a grant under this section shall, from among entities that are eligible under paragraph (2), select an administering entity for that State, which shall—
(A) serve as the recipient of, and administering agent for, any grant awarded to the State under this section;
(B) develop, implement, and oversee the State Digital Equity Plan for the State described in subsection (c);
(C) make subgrants to any entity described in subsection (c)(1)(D) that is located in the State in support of—
(i) the State Digital Equity Plan for the State; and
(ii) digital inclusion activities in the State generally; and
(D) serve as—
(i) an advocate for digital equity policy and digital inclusion activities; and
(ii) a repository of best practice materials regarding the policies and activities described in clause (i).
(2) Eligible entities
Any of the following entities may serve as the administering entity for a State for the purposes of this section if the entity has demonstrated a capacity to administer the Program on a statewide level:
(A) The State, a political subdivision, agency, or instrumentality of the State, an Indian Tribe located in the State, an Alaska Native entity located in the State, or a Native Hawaiian organization located in the State.
(B) A foundation, corporation, institution, association, or coalition that is—
(i) a not-for-profit entity;
(ii) providing services in the State; and
(iii) not a school.
(C) A community anchor institution, other than a school, that is located in the State.
(D) A local educational agency that is located in the State.
(E) An entity located in the State that carries out a workforce development program.
(F) An agency of the State that is responsible for administering or supervising adult education and literacy activities in the State.
(G) A public or multi-family housing authority that is located in the State.
(H) A partnership between any of the entities described in subparagraphs (A) through (G).
(c) State Digital Equity Plan
(1) Development; contents
A State that wishes to be awarded a grant under subsection (d) shall develop a State Digital Equity Plan for the State, which shall include—
(A) the identification of the barriers to digital equity faced by covered populations in the State;
(B) measurable objectives for documenting and promoting, among each group described in subparagraphs (A) through (H) of
(i) the availability of, and affordability of access to, fixed and wireless broadband technology;
(ii) the online accessibility and inclusivity of public resources and services;
(iii) digital literacy;
(iv) awareness of, and the use of, measures to secure the online privacy of, and cybersecurity with respect to, an individual; and
(v) the availability and affordability of consumer devices and technical support for those devices;
(C) an assessment of how the objectives described in subparagraph (B) will impact and interact with the State's—
(i) economic and workforce development goals, plans, and outcomes;
(ii) educational outcomes;
(iii) health outcomes;
(iv) civic and social engagement; and
(v) delivery of other essential services;
(D) in order to achieve the objectives described in subparagraph (B), a description of how the State plans to collaborate with key stakeholders in the State, which may include—
(i) community anchor institutions;
(ii) county and municipal governments;
(iii) local educational agencies;
(iv) where applicable, Indian Tribes, Alaska Native entities, or Native Hawaiian organizations;
(v) nonprofit organizations;
(vi) organizations that represent—
(I) individuals with disabilities, including organizations that represent children with disabilities;
(II) aging individuals;
(III) individuals with language barriers, including—
(aa) individuals who are English learners; and
(bb) individuals who have low levels of literacy;
(IV) veterans; and
(V) individuals in that State who are incarcerated in facilities other than Federal correctional facilities;
(vii) civil rights organizations;
(viii) entities that carry out workforce development programs;
(ix) agencies of the State that are responsible for administering or supervising adult education and literacy activities in the State;
(x) public housing authorities in the State; and
(xi) a partnership between any of the entities described in clauses (i) through (x); and
(E) a list of organizations with which the administering entity for the State collaborated in developing and implementing the Plan.
(2) Public availability
(A) In general
The administering entity for a State shall make the State Digital Equity Plan of the State available for public comment for a period of not less than 30 days before the date on which the State submits an application to the Assistant Secretary under subsection (d)(2).
(B) Consideration of comments received
The administering entity for a State shall, with respect to an application submitted to the Assistant Secretary under subsection (d)(2)—
(i) before submitting the application—
(I) consider all comments received during the comment period described in subparagraph (A) with respect to the application (referred to in this subparagraph as the "comment period"); and
(II) make any changes to the plan that the administering entity determines to be worthwhile; and
(ii) when submitting the application—
(I) describe any changes pursued by the administering entity in response to comments received during the comment period; and
(II) include a written response to each comment received during the comment period.
(3) Planning grants
(A) In general
Beginning in the first fiscal year that begins after November 15, 2021, the Assistant Secretary shall, in accordance with the requirements of this paragraph, award planning grants to States for the purpose of developing the State Digital Equity Plans of those States under this subsection.
(B) Eligibility
In order to be awarded a planning grant under this paragraph, a State—
(i) shall submit to the Assistant Secretary an application under subparagraph (C); and
(ii) may not have been awarded, at any time, a planning grant under this paragraph.
(C) Application
A State that wishes to be awarded a planning grant under this paragraph shall, not later than 60 days after the date on which the notice of funding availability with respect to the grant is released, submit to the Assistant Secretary an application, in a format to be determined by the Assistant Secretary, that contains the following materials:
(i) A description of the entity selected to serve as the administering entity for the State, as described in subsection (b).
(ii) A certification from the State that, not later than 1 year after the date on which the Assistant Secretary awards the planning grant to the State, the administering entity for that State shall develop a State Digital Equity Plan under this subsection, which—
(I) the administering entity shall submit to the Assistant Secretary; and
(II) shall comply with the requirements of this subsection, including the requirement under paragraph (2)(B).
(iii) The assurances required under subsection (e).
(D) Awards
(i) Amount of grant
A planning grant awarded to an eligible State under this paragraph shall be determined according to the formula under subsection (d)(3)(A)(i).
(ii) Duration
(I) In general
Except as provided in subclause (II), with respect to a planning grant awarded to an eligible State under this paragraph, the State shall expend the grant funds during the 1-year period beginning on the date on which the State is awarded the grant funds.
(II) Exception
The Assistant Secretary may grant an extension of not longer than 180 days with respect to the requirement under subclause (I).
(iii) Challenge mechanism
The Assistant Secretary shall ensure that any eligible State to which a planning grant is awarded under this paragraph may appeal or otherwise challenge in a timely fashion the amount of the grant awarded to the State, as determined under clause (i).
(E) Use of funds
An eligible State to which a planning grant is awarded under this paragraph shall, through the administering entity for that State, use the grant funds only for the following purposes:
(i) To develop the State Digital Equity Plan of the State under this subsection.
(ii)(I) Subject to subclause (II), to make subgrants to any of the entities described in paragraph (1)(D) to assist in the development of the State Digital Equity Plan of the State under this subsection.
(II) If the administering entity for a State makes a subgrant described in subclause (I), the administering entity shall, with respect to the subgrant, provide to the State the assurances required under subsection (e).
(d) State capacity grants
(1) In general
Beginning not later than 2 years after the date on which the Assistant Secretary begins awarding planning grants under subsection (c)(3), the Assistant Secretary shall each year award grants to eligible States to support—
(A) the implementation of the State Digital Equity Plans of those States; and
(B) digital inclusion activities in those States.
(2) Application
A State that wishes to be awarded a grant under this subsection shall, not later than 60 days after the date on which the notice of funding availability with respect to the grant is released, submit to the Assistant Secretary an application, in a format to be determined by the Assistant Secretary, that contains the following materials:
(A) A description of the entity selected to serve as the administering entity for the State, as described in subsection (b).
(B) The State Digital Equity Plan of that State, as described in subsection (c).
(C) A certification that the State, acting through the administering entity for the State, shall—
(i) implement the State Digital Equity Plan of the State; and
(ii) make grants in a manner that is consistent with the aims of the Plan described in clause (i).
(D) The assurances required under subsection (e).
(E) In the case of a State to which the Assistant Secretary has previously awarded a grant under this subsection, any amendments to the State Digital Equity Plan of that State, as compared with the State Digital Equity Plan of the State previously submitted.
(3) Awards
(A) Amount of grant
(i) Formula
Subject to clauses (ii), (iii), and (iv), the Assistant Secretary shall calculate the amount of a grant awarded to an eligible State under this subsection in accordance with the following criteria, using the best available data for all States for the fiscal year in which the grant is awarded:
(I) 50 percent of the total grant amount shall be based on the population of the eligible State in proportion to the total population of all eligible States.
(II) 25 percent of the total grant amount shall be based on the number of individuals in the eligible State who are members of covered populations in proportion to the total number of individuals in all eligible States who are members of covered populations.
(III) 25 percent of the total grant amount shall be based on the comparative lack of availability and adoption of broadband in the eligible State in proportion to the lack of availability and adoption of broadband of all eligible States, which shall be determined according to data collected from—
(aa) the annual inquiry of the Federal Communications Commission conducted under
(bb) the American Community Survey or, if necessary, other data collected by the Bureau of the Census;
(cc) the NTIA Internet Use Survey, which is administered as the Computer and Internet Use Supplement to the Current Population Survey of the Bureau of the Census; and
(dd) any other source that the Assistant Secretary, after appropriate notice and opportunity for public comment, determines to be appropriate.
(ii) Minimum award
The amount of a grant awarded to an eligible State under this subsection in a fiscal year shall be not less than 0.5 percent of the total amount made available to award grants to eligible States for that fiscal year.
(iii) Additional amounts
If, after awarding planning grants to States under subsection (c)(3) and capacity grants to eligible States under this subsection in a fiscal year, there are amounts remaining to carry out this section, the Assistant Secretary shall distribute those amounts—
(I) to eligible States to which the Assistant Secretary has awarded grants under this subsection for that fiscal year; and
(II) in accordance with the formula described in clause (i).
(iv) Data unavailable
If, in a fiscal year, the Commonwealth of Puerto Rico (referred to in this clause as "Puerto Rico") is an eligible State and specific data for Puerto Rico is unavailable for a factor described in subclause (I), (II), or (II) of clause (i), the Assistant Secretary shall use the median data point with respect to that factor among all eligible States and assign it to Puerto Rico for the purposes of making any calculation under that clause for that fiscal year.
(B) Duration
With respect to a grant awarded to an eligible State under this subsection, the eligible State shall expend the grant funds during the 5-year period beginning on the date on which the eligible State is awarded the grant funds.
(C) Challenge mechanism
The Assistant Secretary shall ensure that any eligible State to which a grant is awarded under this subsection may appeal or otherwise challenge in a timely fashion the amount of the grant awarded to the State, as determined under subparagraph (A).
(D) Use of funds
The administering entity for an eligible State to which a grant is awarded under this subsection shall use the grant amounts for the following purposes:
(i)(I) Subject to subclause (II), to update or maintain the State Digital Equity Plan of the State.
(II) An administering entity for an eligible State to which a grant is awarded under this subsection may use not more than 20 percent of the amount of the grant for the purpose described in subclause (I).
(ii) To implement the State Digital Equity Plan of the State.
(iii)(I) Subject to subclause (II), to award a grant to any entity that is described in
(aa) assist in the implementation of the State Digital Equity Plan of the State;
(bb) pursue digital inclusion activities in the State consistent with the State Digital Equity Plan of the State; and
(cc) report to the State regarding the digital inclusion activities of the entity.
(II) Before an administering entity for an eligible State may award a grant under subclause (I), the administering entity shall require the entity to which the grant is awarded to certify that—
(aa) the entity shall carry out the activities required under items (aa), (bb), and (cc) of that subclause;
(bb) the receipt of the grant shall not result in unjust enrichment of the entity; and
(cc) the entity shall cooperate with any evaluation—
(AA) of any program that relates to a grant awarded to the entity; and
(BB) that is carried out by or for the administering entity, the Assistant Secretary, or another Federal official.
(iv)(I) Subject to subclause (II), to evaluate the efficacy of the efforts funded by grants made under clause (iii).
(II) An administering entity for an eligible State to which a grant is awarded under this subsection may use not more than 5 percent of the amount of the grant for a purpose described in subclause (I).
(v)(I) Subject to subclause (II), for the administrative costs incurred in carrying out the activities described in clauses (i) through (iv).
(II) An administering entity for an eligible State to which a grant is awarded under this subsection may use not more than 3 percent of the amount of the grant for a purpose described in subclause (I).
(e) Assurances
When applying for a grant under this section, a State shall include in the application for that grant assurances that—
(1) if an entity described in
(A) the covered recipient shall use the grant funds in accordance with any applicable statute, regulation, and application procedure;
(B) the administering entity for that State shall adopt and use proper methods of administering any grant that the covered recipient is awarded, including by—
(i) enforcing any obligation imposed under law on any agency, institution, organization, or other entity that is responsible for carrying out the program to which the grant relates;
(ii) correcting any deficiency in the operation of a program to which the grant relates, as identified through an audit or another monitoring or evaluation procedure; and
(iii) adopting written procedures for the receipt and resolution of complaints alleging a violation of law with respect to a program to which the grant relates; and
(C) the administering entity for that State shall cooperate in carrying out any evaluation—
(i) of any program that relates to a grant awarded to the covered recipient; and
(ii) that is carried out by or for the Assistant Secretary or another Federal official;
(2) the administering entity for that State shall—
(A) use fiscal control and fund accounting procedures that ensure the proper disbursement of, and accounting for, any Federal funds that the State is awarded under this section;
(B) submit to the Assistant Secretary any reports that may be necessary to enable the Assistant Secretary to perform the duties of the Assistant Secretary under this section;
(C) maintain any records and provide any information to the Assistant Secretary, including those records, that the Assistant Secretary determines is necessary to enable the Assistant Secretary to perform the duties of the Assistant Secretary under this section; and
(D) with respect to any significant proposed change or amendment to the State Digital Equity Plan for the State, make the change or amendment available for public comment in accordance with subsection (c)(2); and
(3) the State, before submitting to the Assistant Secretary the State Digital Equity Plan of the State, has complied with the requirements of subsection (c)(2).
(f) Termination of grant
(1) In general
The Assistant Secretary shall terminate a grant awarded to an eligible State under this section if, after notice to the State and opportunity for a hearing, the Assistant Secretary—
(A) presents to the State a rationale and supporting information that clearly demonstrates that—
(i) the grant funds are not contributing to the development or execution of the State Digital Equity Plan of the State, as applicable; and
(ii) the State is not upholding assurances made by the State to the Assistant Secretary under subsection (e); and
(B) determines that the grant is no longer necessary to achieve the original purpose for which Assistant Secretary awarded the grant.
(2) Redistribution
If the Assistant Secretary, in a fiscal year, terminates a grant under paragraph (1), the Assistant Secretary shall redistribute the unspent grant amounts—
(A) to eligible States to which the Assistant Secretary has awarded grants under subsection (d) for that fiscal year; and
(B) in accordance with the formula described in subsection (d)(3)(A)(i).
(g) Reporting and information requirements; internet disclosure
The Assistant Secretary—
(1) shall—
(A) require any entity to which a grant, including a subgrant, is awarded under this section to publicly report, for each year during the period described in subsection (c)(3)(D)(ii) or (d)(3)(B), as applicable, with respect to the grant, and in a format specified by the Assistant Secretary, on—
(i) the use of that grant by the entity;
(ii) the progress of the entity towards fulfilling the objectives for which the grant was awarded; and
(iii) the implementation of the State Digital Equity Plan of the State;
(B) establish appropriate mechanisms to ensure that each eligible State to which a grant is awarded under this section—
(i) uses the grant amounts in an appropriate manner; and
(ii) complies with all terms with respect to the use of the grant amounts; and
(C) create and maintain a fully searchable database, which shall be accessible on the internet at no cost to the public, that contains, at a minimum—
(i) the application of each State that has applied for a grant under this section;
(ii) the status of each application described in clause (i);
(iii) each report submitted by an entity under subparagraph (A);
(iv) a record of public comments made regarding the State Digital Equity Plan of a State, as well as any written responses to or actions taken as a result of those comments; and
(v) any other information that is sufficient to allow the public to understand and monitor grants awarded under this section; and
(2) may establish additional reporting and information requirements for any recipient of a grant under this section.
(h) Supplement not supplant
A grant or subgrant awarded under this section shall supplement, not supplant, other Federal or State funds that have been made available to carry out activities described in this section.
(i) Set asides
From amounts made available in a fiscal year to carry out the Program, the Assistant Secretary shall reserve—
(1) not more than 5 percent for the implementation and administration of the Program, which shall include—
(A) providing technical support and assistance, including ensuring consistency in data reporting;
(B) providing assistance to—
(i) States, or administering entities for States, to prepare the applications of those States; and
(ii) administering entities with respect to grants awarded under this section; and
(C) developing the report required under
(2) not less than 5 percent to award grants to, or enter into contracts or cooperative agreements with, Indian Tribes, Alaska Native entities, and Native Hawaiian organizations to allow those tribes, entities, and organizations to carry out the activities described in this section; and
(3) not less than 1 percent to award grants to, or enter into contracts or cooperative agreements with, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States that is not a State to enable those entities to carry out the activities described in this section.
(j) Rules
The Assistant Secretary may prescribe such rules as may be necessary to carry out this section.
(k) Authorization of appropriations
There are authorized to be appropriated—
(1) $60,000,000 for the award of grants under subsection (c)(3), which shall remain available until expended;
(2) for the award of grants under subsection (d)—
(A) $240,000,000 for fiscal year 2022; and
(B) $300,000,000 for each of fiscal years 2023 through 2026; and
(3) such sums as may be necessary to carry out this section for each fiscal year after the end of the 5-fiscal year period described in paragraph (2).
(
§1724. Digital Equity Competitive Grant Program
(a) Establishment
(1) In general
Not later than 30 days after the date on which the Assistant Secretary begins awarding grants under
(2) Consultation; no conflict
In establishing the Program under paragraph (1), the Assistant Secretary—
(A) may consult a State with respect to—
(i) the identification of groups described in subparagraphs (A) through (H) of
(ii) the allocation of grant funds within that State for projects in or affecting the State; and
(B) shall—
(i) consult with—
(I) the Secretary of Agriculture;
(II) the Secretary of Housing and Urban Development;
(III) the Secretary of Education;
(IV) the Secretary of Labor;
(V) the Secretary of Health and Human Services;
(VI) the Secretary of Veterans Affairs;
(VII) the Secretary of the Interior;
(VIII) the Federal Communications Commission;
(IX) the Federal Trade Commission;
(X) the Director of the Institute of Museum and Library Services;
(XI) the Administrator of the Small Business Administration;
(XII) the Federal Co-Chair of the Appalachian Regional Commission; and
(XIII) the head of any other agency that the Assistant Secretary determines to be appropriate; and
(ii) ensure that the Program complements and enhances, and does not conflict with, other Federal broadband initiatives and programs.
(b) Eligibility
The Assistant Secretary may award a grant under the Program to any of the following entities if the entity is not serving, and has not served, as the administering entity for a State under
(1) A political subdivision, agency, or instrumentality of a State, including an agency of a State that is responsible for administering or supervising adult education and literacy activities, or for providing public housing, in the State.
(2) An Indian Tribe, an Alaska Native entity, or a Native Hawaiian organization.
(3) A foundation, corporation, institution, or association that is—
(A) a not-for-profit entity; and
(B) not a school.
(4) A community anchor institution.
(5) A local educational agency.
(6) An entity that carries out a workforce development program.
(7) A partnership between any of the entities described in paragraphs (1) through (6).
(8) A partnership between—
(A) an entity described in any of paragraphs (1) through (6); and
(B) an entity that—
(i) the Assistant Secretary, by rule, determines to be in the public interest; and
(ii) is not a school.
(c) Application
An entity that wishes to be awarded a grant under the Program shall submit to the Assistant Secretary an application—
(1) at such time, in such form, and containing such information as the Assistant Secretary may require; and
(2) that—
(A) provides a detailed explanation of how the entity will use any grant amounts awarded under the Program to carry out the purposes of the Program in an efficient and expeditious manner;
(B) identifies the period in which the applicant will expend the grant funds awarded under the Program;
(C) includes—
(i) a justification for the amount of the grant that the applicant is requesting; and
(ii) for each fiscal year in which the applicant will expend the grant funds, a budget for the activities that the grant funds will support;
(D) demonstrates to the satisfaction of the Assistant Secretary that the entity—
(i) is capable of carrying out—
(I) the project or function to which the application relates; and
(II) the activities described in subsection (h)—
(aa) in a competent manner; and
(bb) in compliance with all applicable Federal, State, and local laws; and
(ii) if the applicant is an entity described in subsection (b)(1), shall appropriate or otherwise unconditionally obligate from non-Federal sources funds that are necessary to meet the requirements of subsection (e);
(E) discloses to the Assistant Secretary the source and amount of other Federal, State, or outside funding sources from which the entity receives, or has applied for, funding for activities or projects to which the application relates; and
(F) provides—
(i) the assurances that are required under subsection (f); and
(ii) an assurance that the entity shall follow such additional procedures as the Assistant Secretary may require to ensure that grant funds are used and accounted for in an appropriate manner.
(d) Award of grants
(1) Factors considered in award of grants
In deciding whether to award a grant under the Program, the Assistant Secretary shall, to the extent practicable, consider—
(A) whether an application shall, if approved—
(i) increase internet access and the adoption of broadband among covered populations to be served by the applicant; and
(ii) not result in unjust enrichment;
(B) the comparative geographic diversity of the application in relation to other eligible applications; and
(C) the extent to which an application may duplicate or conflict with another program.
(2) Use of funds
(A) In general
In addition to the activities required under subparagraph (B), an entity to which the Assistant Secretary awards a grant under the Program shall use the grant amounts to support not less than 1 of the following activities:
(i) To develop and implement digital inclusion activities that benefit covered populations.
(ii) To facilitate the adoption of broadband by covered populations in order to provide educational and employment opportunities to those populations.
(iii) To implement, consistent with the purposes of this subchapter—
(I) training programs for covered populations that cover basic, advanced, and applied skills; or
(II) other workforce development programs.
(iv) To make available equipment, instrumentation, networking capability, hardware and software, or digital network technology for broadband services to covered populations at low or no cost.
(v) To construct, upgrade, expend, or operate new or existing public access computing centers for covered populations through community anchor institutions.
(vi) To undertake any other project and activity that the Assistant Secretary finds to be consistent with the purposes for which the Program is established.
(B) Evaluation
(i) In general
An entity to which the Assistant Secretary awards a grant under the Program shall use not more than 10 percent of the grant amounts to measure and evaluate the activities supported with the grant amounts.
(ii) Submission to Assistant Secretary
An entity to which the Assistant Secretary awards a grant under the Program shall submit to the Assistant Secretary each measurement and evaluation performed under clause (i)—
(I) in a manner specified by the Assistant Secretary;
(II) not later than 15 months after the date on which the entity is awarded the grant amounts; and
(III) annually after the submission described in subclause (II) for any year in which the entity expends grant amounts.
(C) Administrative costs
An entity to which the Assistant Secretary awards a grant under the Program may use not more than 10 percent of the amount of the grant for administrative costs in carrying out any of the activities described in subparagraph (A).
(D) Time limitations
With respect to a grant awarded to an entity under the Program, the entity—
(i) except as provided in clause (ii), shall expend the grant amounts during the 4-year period beginning on the date on which the entity is awarded the grant amounts; and
(ii) during the 1-year period beginning on the date that is 4 years after the date on which the entity is awarded the grant amounts, may continue to measure and evaluate the activities supported with the grant amounts, as required under subparagraph (B).
(e) Federal share
(1) In general
Except as provided in paragraph (2), the Federal share of any project for which the Assistant Secretary awards a grant under the Program may not exceed 90 percent.
(2) Exception
The Assistant Secretary may grant a waiver with respect to the limitation on the Federal share of a project described in paragraph (1) if—
(A) the applicant with respect to the project petitions the Assistant Secretary for the waiver; and
(B) the Assistant Secretary determines that the petition described in subparagraph (A) demonstrates financial need.
(f) Assurances
When applying for a grant under this section, an entity shall include in the application for that grant assurances that the entity shall—
(1) use any grant funds that the entity is awarded—
(A) in accordance with any applicable statute, regulation, and application procedure; and
(B) to the extent required under applicable law;
(2) adopt and use proper methods of administering any grant that the entity is awarded, including by—
(A) enforcing any obligation imposed under law on any agency, institution, organization, or other entity that is responsible for carrying out a program to which the grant relates;
(B) correcting any deficiency in the operation of a program to which the grant relates, as identified through an audit or another monitoring or evaluation procedure; and
(C) adopting written procedures for the receipt and resolution of complaints alleging a violation of law with respect to a program to which the grant relates;
(3) cooperate with respect to any evaluation—
(A) of any program that relates to a grant awarded to the entity; and
(B) that is carried out by or for the Assistant Secretary or another Federal official;
(4) use fiscal control and fund accounting procedures that ensure the proper disbursement of, and accounting for, any Federal funds that the entity is awarded under the Program;
(5) submit to the Assistant Secretary any reports that may be necessary to enable the Assistant Secretary to perform the duties of the Assistant Secretary under the Program; and
(6) maintain any records and provide any information to the Assistant Secretary, including those records, that the Assistant Secretary determines is necessary to enable the Assistant Secretary to perform the duties of the Assistant Secretary under the Program.
(g) Deobligation or termination of grant
In addition to other authority under applicable law, the Assistant Secretary may—
(1) deobligate or terminate a grant awarded to an entity under this section if, after notice to the entity and opportunity for a hearing, the Assistant Secretary—
(A) presents to the entity a rationale and supporting information that clearly demonstrates that—
(i) the grant funds are not being used in a manner that is consistent with the application with respect to the grant submitted by the entity under subsection (c); and
(ii) the entity is not upholding assurances made by the entity to the Assistant Secretary under subsection (f); and
(B) determines that the grant is no longer necessary to achieve the original purpose for which Assistant 1 Secretary awarded the grant; and
(2) with respect to any grant funds that the Assistant Secretary deobligates or terminates under paragraph (1), competitively award the grant funds to another applicant, consistent with the requirements of this section.
(h) Reporting and information requirements; internet disclosure
The Assistant Secretary—
(1) shall—
(A) require any entity to which the Assistant Secretary awards a grant under the Program to, for each year during the period described in subsection (d)(2)(D) with respect to the grant, submit to the Assistant Secretary a report, in a format specified by the Assistant Secretary, regarding—
(i) the amount of the grant;
(ii) the use by the entity of the grant amounts; and
(iii) the progress of the entity towards fulfilling the objectives for which the grant was awarded;
(B) establish mechanisms to ensure appropriate use of, and compliance with respect to all terms regarding, grant funds awarded under the Program;
(C) create and maintain a fully searchable database, which shall be accessible on the internet at no cost to the public, that contains, at a minimum—
(i) a list of each entity that has applied for a grant under the Program;
(ii) a description of each application described in clause (i), including the proposed purpose of each grant described in that clause;
(iii) the status of each application described in clause (i), including whether the Assistant Secretary has awarded a grant with respect to the application and, if so, the amount of the grant;
(iv) each report submitted by an entity under subparagraph (A); and
(v) any other information that is sufficient to allow the public to understand and monitor grants awarded under the Program; and
(D) ensure that any entity with respect to which an award is deobligated or terminated under subsection (g) may, in a timely manner, appeal or otherwise challenge that deobligation or termination, as applicable; and
(2) may establish additional reporting and information requirements for any recipient of a grant under the Program.
(i) Supplement not supplant
A grant awarded to an entity under the Program shall supplement, not supplant, other Federal or State funds that have been made available to the entity to carry out activities described in this section.
(j) Set asides
From amounts made available in a fiscal year to carry out the Program, the Assistant Secretary shall reserve—
(1) 5 percent for the implementation and administration of the Program, which shall include—
(A) providing technical support and assistance, including ensuring consistency in data reporting;
(B) providing assistance to entities to prepare the applications of those entities with respect to grants awarded under this section;
(C) developing the report required under
(D) conducting outreach to entities that may be eligible to be awarded a grant under the Program regarding opportunities to apply for such a grant;
(2) 5 percent to award grants to, or enter into contracts or cooperative agreements with, Indian Tribes, Alaska Native entities, and Native Hawaiian organizations to allow those tribes, entities, and organizations to carry out the activities described in this section; and
(3) 1 percent to award grants to, or enter into contracts or cooperative agreements with, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States that is not a State to enable those entities to carry out the activities described in this section.
(k) Rules
The Assistant Secretary may prescribe such rules as may be necessary to carry out this section.
(l) Authorization of appropriations
There are authorized to be appropriated to carry out this section—
(1) $250,000,000 for each of the first 5 fiscal years in which funds are made available to carry out this section; and
(2) such sums as may be necessary for each fiscal year after the end of the 5-fiscal year period described in paragraph (1).
(
1 So in original. Probably should be preceded by "the".
§1725. Policy research, data collection, analysis and modeling, evaluation, and dissemination
(a) Reporting requirements
(1) In general
Not later than 1 year after the date on which the Assistant Secretary begins awarding grants under
(A) submit to the appropriate committees of Congress a report that documents, for the year covered by the report—
(i) the findings of each evaluation conducted under subparagraph (B);
(ii) a list of each grant awarded under each covered program, which shall include—
(I) the amount of each such grant;
(II) the recipient of each such grant; and
(III) the purpose for which each such grant was awarded;
(iii) any deobligation, termination, or modification of a grant awarded under the covered programs, which shall include a description of the subsequent usage of any funds to which such an action applies; and
(iv) each challenge made by an applicant for, or a recipient of, a grant under the covered programs and the outcome of each such challenge; and
(B) conduct evaluations of the activities carried out under the covered programs, which shall include an evaluation of—
(i) whether eligible States to which grants are awarded under the program established under
(I) abiding by the assurances made by those States under subsection (e) of that section;
(II) meeting, or have met, the stated goals of the Digital Equity Plans developed by the States under subsection (c) of that section;
(III) satisfying the requirements imposed by the Assistant Secretary on those States under subsection (g) of that section; and
(IV) in compliance with any other rules, requirements, or regulations promulgated by the Assistant Secretary in implementing that program; and
(ii) whether entities to which grants are awarded under the program established under
(I) abiding by the assurances made by those entities under subsection (f) of that section;
(II) meeting, or have met, the stated goals of those entities with respect to the use of the grant amounts;
(III) satisfying the requirements imposed by the Assistant Secretary on those States under subsection (h) of that section; and
(IV) in compliance with any other rules, requirements, or regulations promulgated by the Assistant Secretary in implementing that program.
(2) Public availability
The Assistant Secretary shall make each report submitted under paragraph (1)(A) publicly available in an online format that—
(A) facilitates access and ease of use;
(B) is searchable; and
(C) is accessible—
(i) to individuals with disabilities; and
(ii) in languages other than English.
(b) Authority to contract and enter into other arrangements
The Assistant Secretary may award grants and enter into contracts, cooperative agreements, and other arrangements with Federal agencies, public and private organizations, and other entities with expertise that the Assistant Secretary determines appropriate in order to—
(1) evaluate the impact and efficacy of activities supported by grants awarded under the covered programs; and
(2) develop, catalog, disseminate, and promote the exchange of best practices, both with respect to and independent of the covered programs, in order to achieve digital equity.
(c) Consultation and public engagement
In carrying out subsection (a), and to further the objectives described in paragraphs (1) and (2) of subsection (b), the Assistant Secretary shall conduct ongoing collaboration and consult with—
(1) the Secretary of Agriculture;
(2) the Secretary of Housing and Urban Development;
(3) the Secretary of Education;
(4) the Secretary of Labor;
(5) the Secretary of Health and Human Services;
(6) the Secretary of Veterans Affairs;
(7) the Secretary of the Interior;
(8) the Federal Communications Commission;
(9) the Federal Trade Commission;
(10) the Director of the Institute of Museum and Library Services;
(11) the Administrator of the Small Business Administration;
(12) the Federal Co-Chair of the Appalachian Regional Commission;
(13) State agencies and governors of States (or equivalent officials);
(14) entities serving as administering entities for States under
(15) national, State, tribal, and local organizations that provide digital inclusion, digital equity, or digital literacy services;
(16) researchers, academics, and philanthropic organizations; and
(17) other agencies, organizations (including international organizations), entities (including entities with expertise in the fields of data collection, analysis and modeling, and evaluation), and community stakeholders, as determined appropriate by the Assistant Secretary.
(d) Technical support and assistance
The Assistant Secretary shall provide technical support and assistance, assistance to entities to prepare the applications of those entities with respect to grants awarded under the covered programs, and other resources, to the extent practicable, to ensure consistency in data reporting and to meet the objectives of this section.
(e) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this section, which shall remain available until expended.
(
§1726. General provisions
(a) Nondiscrimination
(1) In general
No individual in the United States may, on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, age, or disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that is funded in whole or in part with funds made available to carry out this subchapter.
(2) Enforcement
The Assistant Secretary shall effectuate paragraph (1) with respect to any program or activity described in that paragraph by issuing regulations and taking actions consistent with
(3) Judicial review
Judicial review of an action taken by the Assistant Secretary under paragraph (2) shall be available to the extent provided in
(b) Technological neutrality
The Assistant Secretary shall, to the extent practicable, carry out this subchapter in a technologically neutral manner.
(c) Audit and oversight
Beginning in the first fiscal year in which amounts are made available to carry out an activity authorized under this subchapter, and in each of the 4 fiscal years thereafter, there is authorized to be appropriated to the Office of Inspector General for the Department of Commerce $1,000,000 for audits and oversight of funds made available to carry out this subchapter, which shall remain available until expended.
(
SUBCHAPTER III—ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURE
§1741. Enabling middle mile broadband infrastructure
(a) Definitions
In this section:
(1) Anchor institution
The term "anchor institution" means a school, library, medical or healthcare provider, community college or other institution of higher education, or other community support organization or entity.
(2) Assistant Secretary
The term "Assistant Secretary" means the Assistant Secretary of Commerce for Communications and Information.
(3) Commission
The term "Commission" means the Federal Communications Commission.
(4) Eligible entity
The term "eligible entity" means—
(A) a State, political subdivision of a State, Tribal government, technology company, electric utility, utility cooperative, public utility district, telecommunications company, telecommunications cooperative, nonprofit foundation, nonprofit corporation, nonprofit institution, nonprofit association, regional planning counsel, Native entity, or economic development authority; or
(B) a partnership of 2 or more entities described in subparagraph (A).
(5) FCC fixed broadband map
The term "FCC fixed broadband map" means the map created by the Commission under
(6) Indian Tribe
The term "Indian Tribe" has the meaning given the term in
(7) Interconnect
The term "interconnect" means the physical linking of 2 networks for the mutual exchange of traffic on non-discriminatory terms and conditions.
(8) Internet exchange facility
The term "internet exchange facility" means physical infrastructure through which internet service providers and content delivery networks exchange internet traffic between their networks.
(9) Middle mile infrastructure
The term "middle mile infrastructure"—
(A) means any broadband infrastructure that does not connect directly to an end-user location, including an anchor institution; and
(B) includes—
(i) leased dark fiber, interoffice transport, backhaul, carrier-neutral internet exchange facilities, carrier-neutral submarine cable landing stations, undersea cables, transport connectivity to data centers, special access transport, and other similar services; and
(ii) wired or private wireless broadband infrastructure, including microwave capacity, radio tower access, and other services or infrastructure for a private wireless broadband network, such as towers, fiber, and microwave links.
(10) Middle mile grant
The term "middle mile grant" means a grant awarded under subsection (c).
(11) Native entity
The term "Native entity" means—
(A) an Indian Tribe;
(B) an Alaska Native Corporation;
(C) a Native Hawaiian organization (as defined in
(D) the Department of Hawaiian Home Lands; and
(E) the Office of Hawaiian Affairs.
(12) State
The term "State" has the meaning given the term in
(13) Submarine cable landing station
The term "submarine cable landing station" means a cable landing station, as that term is used in section 1.767(a)(5) of title 47, Code of Federal Regulations (or any successor regulation), that can be utilized to land a submarine cable by an entity that has obtained a license under the first section of the Act entitled "An Act relating to the landing and operation of submarine cables in the United States", approved May 27, 1921 (
(14) Tribal government
The term "Tribal government" means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of November 15, 2021, pursuant to
(15) Trust land
The term "trust land" has the meaning given the term in
(16) Underserved
The term "underserved", with respect to an area, means an area—
(A) that is designated as a Tribally underserved area through the process described in subsection (g); or
(B) that—
(i) is of a standard size not larger than a census block, as established by the Commission;
(ii) is not an unserved area; and
(iii) as determined in accordance with the FCC fixed broadband map, does not have access to broadband service with—
(I) except as provided in subclause (II)—
(aa) a download speed of not less than 100 megabits per second; and
(bb) an upload speed of not less than 20 megabits per second; or
(II) minimum download and upload speeds established as benchmarks by the Commission for purposes of this Act after November 15, 2021, if those minimum speeds are higher than the minimum speeds required under subclause (I).
(17) Unserved
The term "unserved", with respect to an area, means an area—
(A) that is designated as a Tribally underserved area through the process described in subsection (g); or
(B) that—
(i) is of a standard size not larger than a census block, as established by the Commission; and
(ii) as determined in accordance with the FCC fixed broadband map, does not have access to broadband service with—
(I) except as provided in subclause (II)—
(aa) a download speed of not less than 25 megabits per second; and
(bb) an upload speed of not less than 3 megabits per second; or
(II) minimum download and upload speeds established as benchmarks by the Commission for purposes of this Act after November 15, 2021, if those minimum speeds are higher than the minimum speeds required under subclause (I).
(b) Purpose; sense of Congress
(1) Purpose
The purposes of this section are—
(A) to encourage the expansion and extension of middle mile infrastructure to reduce the cost of connecting unserved and underserved areas to the backbone of the internet (commonly referred to as the "last mile"); and
(B) to promote broadband connection resiliency through the creation of alternative network connection paths that can be designed to prevent single points of failure on a broadband network.
(2) Sense of Congress
It is the sense of Congress that—
(A) in awarding middle mile grants, the Assistant Secretary should give priority to—
(i) projects that leverage existing rights-of-way, assets, and infrastructure to minimize financial, regulatory, and permitting challenges;
(ii) projects in which the eligible entity designs the route of the middle mile infrastructure to enable the connection of unserved anchor institutions, including Tribal anchor institutions; and
(iii) projects that facilitate the development of carrier-neutral interconnection facilities; and
(iv) projects that—
(I) improve the redundancy and resiliency of existing middle mile infrastructure; and
(II) reduce regulatory and permitting barriers to promote the construction of new middle mile infrastructure; and
(B) a regulated utility should use funds received from a middle mile grant as a supplement to the core utility capital investment plan of the regulated utility to—
(i) facilitate increased broadband resiliency or redundancy of existing middle mile infrastructure; or
(ii) provide connectivity to unserved areas and underserved areas within the service territory of the utility and nearby communities.
(c) Middle mile grants
The Assistant Secretary shall establish a program under which the Assistant Secretary makes grants on a technology-neutral, competitive basis to eligible entities for the construction, improvement, or acquisition of middle mile infrastructure.
(d) Applications for grants
(1) In general
The Assistant Secretary shall establish an application process for middle mile grants in accordance with this subsection.
(2) Evaluation of applications
In establishing an application process for middle mile grants under paragraph (1), the Assistant Secretary shall give priority to an application from an eligible entity that satisfies 2 or more of the following conditions:
(A) The eligible entity adopts fiscally sustainable middle mile strategies.
(B) The eligible entity commits to offering non-discriminatory interconnect to terrestrial and wireless last mile broadband providers and any other party making a bona fide request.
(C) The eligible entity identifies specific terrestrial and wireless last mile broadband providers that have—
(i) expressed written interest in interconnecting with middle mile infrastructure planned to be deployed by the eligible entity; and
(ii) demonstrated sustainable business plans or adequate funding sources with respect to the interconnect described in clause (i).
(D) The eligible entity has identified supplemental investments or in-kind support (such as waived franchise or permitting fees) that will accelerate the completion of the planned project.
(E) The eligible entity has demonstrated that the middle mile infrastructure will benefit national security interests of the United States and the Department of Defense.
(3) Grant application competence
The Assistant Secretary shall include in the application process established under paragraph (1) a requirement that an eligible entity provide evidence that the eligible entity is capable of carrying out a proposed project in a competent manner, including by demonstrating that the eligible entity has the financial, technical, and operational capability to carry out the proposed project and operate the resulting middle mile broadband network.
(e) Eligibility
(1) Prioritization
To be eligible to obtain a middle mile grant, an eligible entity shall agree, in the application submitted through the process established under subsection (d), to prioritize—
(A) connecting middle mile infrastructure to last mile networks that provide or plan to provide broadband service to households in unserved areas;
(B) connecting non-contiguous trust lands; or
(C) the offering of wholesale broadband service at reasonable rates on a carrier-neutral basis.
(2) Buildout timeline
Subject to paragraph (5), to be eligible to obtain a middle mile grant, an eligible entity shall agree, in the application submitted through the process established under subsection (d), to complete buildout of the middle mile infrastructure described in the application by not later than 5 years after the date on which amounts from the grant are made available to the eligible entity.
(3) Project eligibility requirements
(A) Capability to support retail broadband service
A project shall be eligible for a middle mile grant if, at the time of the application, the Assistant Secretary determines that the proposed middle mile broadband network will be capable of supporting retail broadband service.
(B) Mapping data
(i) Use of most recent data
In mapping out gaps in broadband coverage, an eligible entity that uses a middle mile grant to build out terrestrial or fixed wireless middle mile infrastructure shall use the most recent broadband mapping data available from one of the following sources:
(I) The FCC fixed broadband map.
(II) The State in which the area that will be served by the middle mile infrastructure is located, or the Tribal government with jurisdiction over the area that will be served by the middle mile infrastructure (if applicable).
(III) Speed and usage surveys of existing broadband service that—
(aa) demonstrate that more than 25 percent of the respondents display a broadband service speed that is slower than the speeds required for an area to qualify as unserved; and
(bb) are conducted by—
(AA) the eligible entity;
(BB) the State in which the area that will be served by the middle mile infrastructure is located; or
(CC) the Tribal government with jurisdiction over the area that will be served by the middle mile infrastructure (if applicable).
(ii) Sharing facility locations
(I) Definition
In this clause, the term "covered recipient", with respect to an eligible entity, means—
(aa) the Assistant Secretary;
(bb) the Commission;
(cc) the Tribal government with jurisdiction over the area that will be served by the middle mile infrastructure (if applicable); and
(dd) the State broadband office for the State in which the area that will be served by the middle mile infrastructure is located.
(II) Provision of information
Subject to subclauses (III) and (IV), an eligible entity that constructs, improves, or acquires middle mile infrastructure using a middle mile grant shall share with each covered recipient the location of all the middle mile broadband infrastructure.
(III) Format
An eligible entity shall provide the information required under subclause (II) to each covered recipient in a uniform format determined by the Assistant Secretary.
(IV) Protection of information
(aa) In general
The information provided by an eligible entity under subclause (II) may only be used for purposes of carrying out the grant program under subsection (c) and any reporting related thereto.
(bb) Legal defenses
(AA) In general
A covered recipient may not receive information under subclause (II) unless the covered recipient agrees in writing to assert all available legal defenses to the disclosure of the information if a person or entity seeks disclosure from the covered recipient under any Federal, State, or local public disclosure law.
(BB) Rule of construction
Nothing in subitem (AA) is intended to be or shall be construed as a waiver of Tribal sovereign immunity.
(C) Connection to anchor institutions
To the extent feasible, an eligible entity that receives a middle mile grant to build middle mile infrastructure using fiber optic technology shall—
(i) ensure that the proposed middle mile broadband network will be capable of providing broadband to an anchor institution at a speed of not less than—
(I) 1 gigabit per second for downloads; and
(II) 1 gigabit per second for uploads to an anchor institution; and
(ii) include direct interconnect facilities that will facilitate the provision of broadband service to anchor institutions located within 1,000 feet of the middle mile infrastructure.
(D) Interconnection and nondiscrimination
(i) In general
An eligible entity that receives a middle mile grant to build a middle mile project using fiber optic technology shall offer interconnection in perpetuity, where technically feasible without exceeding current or reasonably anticipated capacity limitations, on reasonable rates and terms to be negotiated with requesting parties.
(ii) Nature of interconnection
The interconnection required to be offered under clause (i) includes both the ability to connect to the public internet and physical interconnection for the exchange of traffic.
(iii) Inclusion in application
An applicant for a middle mile grant shall disclose the applicant's proposed interconnection, nondiscrimination, and network management practices in the application submitted through the process established under subsection (d).
(4) Accountability
The Assistant Secretary shall—
(A) establish sufficient transparency, accountability, reporting, and oversight measures for the grant program established under subsection (c) to deter waste, fraud, and abuse of program funds; and
(B) establish—
(i) buildout requirements for each eligible entity that receives a middle mile grant, which shall require the completion of a certain percentage of project miles by a certain date; and
(ii) penalties, which may include rescission of funds, for grantees that do not meet requirements described in clause (i) or the deadline under paragraph (2).
(5) Extensions
(A) In general
At the request of an eligible entity, the Assistant Secretary may extend the buildout deadline under paragraph (2) by not more than 1 year if the eligible entity certifies that—
(i) the eligible entity has a plan for use of the middle mile grant;
(ii) the project to build out middle mile infrastructure is underway; or
(iii) extenuating circumstances require an extension of time to allow completion of the project to build out middle mile infrastructure.
(B) Effect on interim buildout requirements
If the Assistant Secretary grants an extension under subparagraph (A), the Assistant Secretary shall modify any buildout requirements established under paragraph (4)(B)(i) as necessary.
(f) Federal share
The amount of a middle mile grant awarded to an eligible entity may not exceed 70 percent of the total project cost.
(g) Special rules for Tribal governments
(1) Waivers; alternative requirements
The Assistant Secretary, in consultation with Tribal governments and Native entities, may waive, or specify alternative requirements for, any provision of subsections (c) through (f) if the Assistant Secretary finds that the waiver or alternative requirement is necessary—
(A) for the effective delivery and administration of middle mile grants to Tribal governments; or
(B) the construction, improvement, or acquisition of middle mile infrastructure on trust land.
(2) Tribally unserved areas; tribally underserved areas
The Assistant Secretary, in consultation with Tribal governments and Native entities, shall develop a process for designating Tribally unserved areas and Tribally underserved areas for purposes of this section.
(h) Authorization of appropriations
There is authorized to be appropriated to carry out this section $1,000,000,000 for fiscal years 2022 through 2026.
(
Editorial Notes
References in Text
This Act, referred to in subsec. (a)(16)(B)(iii)(II), (17)(B)(ii)(II), means div. F of
Statutory Notes and Related Subsidiaries
Definitions
For definition of "this Act" as used in this section, see section 2 of
SUBCHAPTER IV—BROADBAND AFFORDABILITY
§1751. Definitions
In this subchapter—
(1) 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; and
(2) the term "Commission" means the Federal Communications Commission.
(
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original, "this title", meaning title V of div. F of
§1752. Benefit for broadband service
(a) Definitions
In this section:
(1) Broadband internet access service
The term "broadband internet access service" has the meaning given such term in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation.
(2) Broadband provider
The term "broadband provider" means a provider of broadband internet access service.
(3) Commission
The term "Commission" means the Federal Communications Commission.
(4) Connected device
The term "connected device" means a laptop or desktop computer or a tablet.
(5) Designated as an eligible telecommunications carrier
The term "designated as an eligible telecommunications carrier", with respect to a broadband provider, means the broadband provider is designated as an eligible telecommunications carrier under section 214(e) of the Communications Act of 1934 (
(6) Eligible household
The term "eligible household" means, regardless of whether the household or any member of the household receives support under subpart E of part 54 of title 47, Code of Federal Regulations (or any successor regulation), and regardless of whether any member of the household has any past or present arrearages with a broadband provider, a household in which—
(A) at least one member of the household meets the qualifications in subsection (a) or (b) of section 54.409 of title 47, Code of Federal Regulations (or any successor regulation) except that such subsection (a), including for purposes of such subsection (b), shall be applied by substituting "200 percent" for "135 percent";
(B) at least one member of the household has applied for and been approved to receive benefits under the free and reduced price lunch program under the Richard B. Russell National School Lunch Act (
(C) at least one member of the household has received a Federal Pell Grant under
(D) at least one member of the household meets the eligibility criteria for a participating provider's existing low-income program, subject to the requirements of subsection (a)(2)(B) and any other eligibility requirements the Commission may consider necessary for the public interest; or
(E) at least one member of the household receives assistance through the special supplemental nutritional program for women, infants, and children established by
(7) Affordable connectivity benefit
(A) In general
Subject to subparagraph (B), the term "affordable connectivity benefit" means a monthly discount for an eligible household applied to the actual amount charged to such household, in an amount equal to such amount charged, but not more than $30, or, if an internet service offering is provided to an eligible household on Tribal land, not more than $75.
(B) High-cost areas
The Commission shall, by regulation, establish a mechanism by which a participating provider in a high-cost area (as defined in
(8) Internet service offering
The term "internet service offering" means, with respect to a broadband provider, broadband internet access service provided by such provider to a household.
(9) National Lifeline Accountability Database
The term "National Lifeline Accountability Database" has the meaning given such term in section 54.400 of title 47, Code of Federal Regulations (or any successor regulation).
(10) National Verifier
The term "National Verifier" has the meaning given such term in section 54.400 of title 47, Code of Federal Regulations, or any successor regulation.
(11) Participating provider
The term "participating provider" means a broadband provider that—
(A)(i) is designated as an eligible telecommunications carrier; or
(ii) meets requirements established by the Commission for participation in the Affordable Connectivity Program and is approved by the Commission under subsection (d)(2); and
(B) elects to participate in the Affordable Connectivity Program.
(b) Affordable Connectivity Program
(1) Establishment
The Commission shall establish a program, to be known as the "Affordable Connectivity Program", under which the Commission shall, in accordance with this section, reimburse, using funds from the Affordable Connectivity Fund established in subsection (i), a participating provider for an affordable connectivity benefit, or an affordable connectivity benefit and a connected device, provided to an eligible household.
(2) Verification of eligibility
To verify whether a household is an eligible household, a participating provider shall—
(A) use the National Verifier or National Lifeline Accountability Database;
(B) rely upon an alternative verification process of the participating provider, if—
(i) the participating provider submits information as required by the Commission regarding the alternative verification process prior to seeking reimbursement; and
(ii) not later than 7 days after receiving the information required under clause (i), the Commission—
(I) determines that the alternative verification process will be sufficient to avoid waste, fraud, and abuse; and
(II) notifies the participating provider of the determination under subclause (I); or
(C) rely on a school to verify the eligibility of a household based on the participation of the household in the free and reduced price lunch program or the school breakfast program described in subsection (a)(6)(B).
(3) Use of National Verifier and National Lifeline Accountability Database
The Commission shall—
(A) expedite the ability of all participating providers to access the National Verifier and National Lifeline Accountability Database for purposes of determining whether a household is an eligible household, without regard to whether a participating provider is designated as an eligible telecommunications carrier; and
(B) ensure that the National Verifier and National Lifeline Accountability Database approve an eligible household to receive the affordable connectivity benefit not later than 2 days after the date of the submission of information necessary to determine if such household is an eligible household.
(4) Reimbursement
From the Affordable Connectivity Fund established in subsection (i), the Commission shall reimburse a participating provider in an amount equal to the affordable connectivity benefit with respect to an eligible household that receives such benefit from such participating provider.
(5) Reimbursement for connected device
A participating provider that, in addition to providing the affordable connectivity benefit to an eligible household, supplies such household with a connected device may be reimbursed up to $100 from the Affordable Connectivity Fund established in subsection (i) for such connected device, if the charge to such eligible household is more than $10 but less than $50 for such connected device, except that a participating provider may receive reimbursement for no more than 1 connected device per eligible household.
(6) Certification required
To receive a reimbursement under paragraph (4) or (5), a participating provider shall certify to the Commission the following:
(A) That each eligible household for which the participating provider is seeking reimbursement for providing an internet service offering discounted by the affordable connectivity benefit—
(i) will not be required to pay an early termination fee if such eligible household elects to enter into a contract to receive such internet service offering if such household later terminates such contract;
(ii) was not, after December 27, 2020, subject to a mandatory waiting period for such internet service offering based on having previously received broadband internet access service from such participating provider; and
(iii) will otherwise be subject to the participating provider's generally applicable terms and conditions as applied to other customers.
(B) That each eligible household for which the participating provider is seeking reimbursement for supplying such household with a connected device has not been and will not be charged $10 or less or $50 or more for such device.
(C) A description of the process used by the participating provider to verify that a household is an eligible household, if the provider elects an alternative verification process under paragraph (2)(B), and that such verification process was designed to avoid waste, fraud, and abuse.
(7) Requirement to allow customers to apply affordable connectivity benefit to any internet service offering
(A) In general
A participating provider—
(i) shall allow an eligible household to apply the affordable connectivity benefit to any internet service offering of the participating provider at the same terms available to households that are not eligible households; and
(ii) may not require the eligible household to submit to a credit check in order to apply the affordable connectivity benefit to an internet service offering of the participating provider.
(B) Nonpayment
Nothing in subparagraph (A) shall prevent a participating provider from terminating the provision of broadband internet access service to a subscriber after 90 days of nonpayment.
(8) Public awareness
A participating provider, in collaboration with the applicable State agencies, public interest groups, and non-profit organizations, in order to increase the adoption of broadband internet access service by consumers, shall carry out public awareness campaigns in service areas that are designed to highlight—
(A) the value and benefits of broadband internet access service; and
(B) the existence of the Affordable Connectivity Program.
(9) Oversight
The Commission—
(A) shall establish a dedicated complaint process for consumers who participate in the Affordable Connectivity Program to file complaints about the compliance of participating providers with, including with respect to the quality of service received under, the Program;
(B) shall require a participating provider to supply information about the existence of the complaint process described in subparagraph (A) to subscribers who participate in the Affordable Connectivity Program;
(C)(i) shall act expeditiously to investigate potential violations of and enforce compliance with this section, including under clause (ii) of this subparagraph; and
(ii) in enforcing compliance with this section, may impose forfeiture penalties under section 503 of the Communications Act of 1934 (
(D) shall regularly issue public reports about complaints regarding the compliance of participating providers with the Affordable Connectivity Program.
(10) Information on Affordable Connectivity Program
(A) Participating providers
When a customer subscribes to, or renews a subscription to, an internet service offering of a participating provider, the participating provider shall notify the customer about the existence of the Affordable Connectivity Program and how to enroll in the Program.
(B) Federal agencies
The Commission shall collaborate with relevant Federal agencies, including to ensure relevant Federal agencies update their System of Records Notices, to ensure that a household that participates in any program that qualifies the household for the Affordable Connectivity Program is provided information about the Program, including how to enroll in the Program.
(C) Commission outreach
(i) In general
The Commission may conduct outreach efforts to encourage eligible households to enroll in the Affordable Connectivity Program.
(ii) Activities
In carrying out clause (i), the Commission may—
(I) facilitate consumer research;
(II) conduct focus groups;
(III) engage in paid media campaigns;
(IV) provide grants to outreach partners; and
(V) provide an orderly transition for participating providers and consumers from the Emergency Broadband Benefit Program established under paragraph (1) (as that paragraph was in effect on the day before November 15, 2021) to the Affordable Connectivity Program.
(11) Consumer protection issues
(A) In general
The Commission shall, after providing notice and opportunity for comment in accordance with
(i) inappropriate upselling or downselling by a participating provider;
(ii) inappropriate requirements that a consumer opt in to an extended service contract as a condition of participating in the Affordable Connectivity Program;
(iii) inappropriate restrictions on the ability of a consumer to switch internet service offerings or otherwise apply support from the Affordable Connectivity Program to a different internet service offering with a participating provider;
(iv) inappropriate restrictions on the ability of a consumer to switch participating providers, other than a requirement that the customer return any customer premises equipment provided by a participating provider; and
(v) similar restrictions that amount to unjust and unreasonable acts or practices that undermine the purpose, intent, or integrity of the Affordable Connectivity Program.
(B) Exceptions
In complying with this paragraph, the Commission may take advantage of the exceptions set forth in subsections (e) and (f).
(12) Audit requirements
The Commission shall adopt audit requirements to ensure that participating providers are in compliance with the requirements of this section and to prevent waste, fraud, and abuse in the Affordable Connectivity Program. A finding of waste, fraud, or abuse or an improper payment (as such term is defined in section 2(d) of the Improper Payments Information Act of 2002 (
(A) The name of the participating provider.
(B) The amount of funding made available from the Affordable Connectivity Fund to the participating provider.
(C) The amount of funding determined to be an improper payment to a participating provider.
(D) A description of to what extent funding made available from the Affordable Connectivity Fund that was an improper payment was used for a reimbursement for a connected device or a reimbursement for an internet service offering.
(E) Whether, in the case of a connected device, such device, or the value thereof, has been recovered.
(F) Whether any funding from the Affordable Connectivity Fund was made available to a participating provider for an affordable connectivity benefit for a person outside the eligible household.
(G) Whether any funding from the Affordable Connectivity Fund was made available to reimburse a participating provider for an affordable connectivity benefit made available to an eligible household in which all members of such household necessary to satisfy the eligibility requirements described in subsection (a)(6) were deceased.
(13) Random audit required
Not later than 1 year after December 27, 2020, the Inspector General of the Commission shall conduct an audit of a representative sample of participating providers receiving reimbursements under the Affordable Connectivity Program.
(14) Notification of audit findings
Not later than 7 days after a finding made by the Commission under the requirements of paragraph (12), the Commission shall notify the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate with any information described in such paragraph that the Commission has obtained.
(15) Expiration of Program
At the conclusion of the Affordable Connectivity Program, any participating eligible households shall be subject to a participating provider's generally applicable terms and conditions.
(c) Regulations required
(1) In general
Not later than 60 days after December 27, 2020, the Commission shall promulgate regulations to implement this section.
(2) Comment periods
As part of the rulemaking under paragraph (1), the Commission shall—
(A) provide a 20-day public comment period that begins not later than 5 days after December 27, 2020;
(B) provide a 20-day public reply comment period that immediately follows the period under subparagraph (A); and
(C) during the comment periods under subparagraphs (A) and (B), seek comment on—
(i) the provision of assistance from the Affordable Connectivity Fund established in subsection (i) consistent with this section; and
(ii) other related matters.
(d) Eligibility of providers
(1) Relation to eligible telecommunications carrier designation
The Commission may not require a broadband provider to be designated as an eligible telecommunications carrier in order to be a participating provider.
(2) Expedited approval process
(A) In general
The Commission shall establish an expedited process by which the Commission approves as participating providers broadband providers that are not designated as eligible telecommunications carriers and elect to participate in the Affordable Connectivity Program.
(B) Exception
Notwithstanding subparagraph (A), the Commission shall automatically approve as a participating provider a broadband provider that has an established program as of April 1, 2020, that is widely available and offers internet service offerings to eligible households and maintains verification processes that are sufficient to avoid fraud, waste, and abuse.
(e) Rule of construction
Nothing in this section shall affect the collection, distribution, or administration of the Lifeline Assistance Program governed by the rules set forth in subpart E of part 54 of title 47, Code of Federal Regulations (or any successor regulation).
(f) Part 54 regulations
Nothing in this section shall be construed to prevent the Commission from providing that the regulations in part 54 of title 47, Code of Federal Regulations, or any successor regulation, shall apply in whole or in part to the Affordable Connectivity Program, shall not apply in whole or in part to such Program, or shall be modified in whole or in part for purposes of application to such Program.
(g) Enforcement
A violation of this section or a regulation promulgated under this section shall be treated as a violation of the Communications Act of 1934 (
(h) Exemptions
(1) Certain rulemaking requirements
(2) Paperwork Reduction Act requirements
A collection of information conducted or sponsored under the regulations required by subsection (c) shall not constitute a collection of information for the purposes of subchapter I of
(i) Affordable Connectivity Fund
(1) Establishment
There is established in the Treasury of the United States a fund to be known as the Affordable Connectivity Fund.
(2) Appropriation
There is appropriated to the Affordable Connectivity Fund, out of any money in the Treasury not otherwise appropriated, $3,200,000,000 for fiscal year 2021, to remain available until expended.
(3) Use of funds
Amounts in the Affordable Connectivity Fund shall be available to the Commission for reimbursements to participating providers under this section, and the Commission may use not more than 2 percent of such amounts to administer the Affordable Connectivity Program.
(4) Relationship to universal service contributions
Reimbursements provided under this section shall be provided from amounts made available under this subsection and not from contributions under section 254(d) of the Communications Act of 1934 (
(5) Use of Universal Service Administrative Company permitted
The Commission shall have the authority to avail itself of the services of the Universal Service Administrative Company to implement the Affordable Connectivity Program, including developing and processing reimbursements and distributing funds to participating providers.
(j) Safe harbor
The Commission may not enforce a violation of this section under section 501, 502, or 503 of the Communications Act of 1934 (
(
Editorial Notes
References in Text
The Richard B. Russell National School Lunch Act, referred to in subsec. (a)(6)(B), is act June 4, 1946, ch. 281,
Section 2(d) of the Improper Payments Information Act of 2002, referred to in subsec. (b)(12), is section 2(d) of
The Communications Act of 1934, referred to in subsec. (g), is act June 19, 1934, ch. 652,
Codification
Section was formerly set out as a note under
Amendments
2021—
Subsec. (a)(6)(A).
Subsec. (a)(6)(C).
Subsec. (a)(6)(D).
Subsec. (a)(6)(E).
Subsec. (a)(7).
Subsec. (a)(8).
Subsec. (a)(9) to (11).
Subsec. (a)(12), (13).
Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(4).
Subsec. (b)(5).
Subsec. (b)(6)(A).
"(I) for such offering, if the standard rate for such offering is less than or equal to the amount of the affordable connectivity benefit for such household; or
"(II) more for such offering than the difference between the standard rate for such offering and the amount of the affordable connectivity benefit for such household;".
Subsec. (b)(6)(B) to (D).
Subsec. (b)(7) to (15).
Subsec. (i).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Eligibility for the Affordable Connectivity Benefit; Transition; Certification
"(2)
"(3)
"(4)
Broadband Transparency Rules
"(1)
"(2)
"(3)
"(A) the Commission refers to the activity in the rules issued under paragraph (1);
"(B) the activity meets the requirements of this subsection; and
"(C) the Commission discloses the activity to the public.
"(4)
"(A)
"(B)
"(i) shall define the term 'personally identifiable information', for purposes of subparagraph (A) through notice and comment rulemaking; and
"(ii) may not make any data available to the public under subparagraph (A) before completing the rulemaking under clause (i) of this subparagraph."
[For definition of "broadband internet access service" as used in section 60502(c) of
Guidance
Coordination
"(1) not later than 60 days after the date of enactment of this Act [Nov. 15, 2021], enter into a memorandum of understanding with the Universal Service Administrative Company to provide for the expeditious sharing of data through the National Verifier (as that term is defined in section 54.400 of title 47, Code of Federal Regulations, or any successor regulation), or any successor system, for the purposes of verifying consumer eligibility for the program established under section 904 of division N of the Consolidated Appropriations Act, 2021 (
"(2) not later than 90 days after the date of enactment of this Act, begin to share data under the memorandum of understanding described in paragraph (1) for the purposes described in that paragraph."
1 See References in Text note below.
§1753. Adoption of consumer broadband labels
(a) Final rule
Not later than 1 year after November 15, 2021, the Commission shall promulgate regulations to require the display of broadband consumer labels, as described in the Public Notice of the Commission issued on April 4, 2016 (DA 16–357), to disclose to consumers information regarding broadband internet access service plans.
(b) Introductory rate information
(1) In general
The broadband consumer label required under subsection (a) shall also include information regarding whether the offered price is an introductory rate and, if so, the price the consumer will be required to pay following the introductory period.
(2) Use in broadband data collection
The Commission shall rely on the price information displayed on the broadband consumer label required under subsection (a) for any collection of data relating to the price and subscription rates of each covered broadband internet access service under section 60502(c).
(c) Hearings
In issuing the final rule under subsection (a), the Commission shall conduct a series of public hearings to assess, at the time of the proceeding—
(1) how consumers evaluate broadband internet access service plans; and
(2) whether disclosures to consumers of information regarding broadband internet access service plans, including the disclosures required under section 8.1 of title 47, Code of Federal Regulations, are available, effective, and sufficient.
(
Editorial Notes
References in Text
Section 60502(c), referred to in subsec. (b)(2), is section 60502(c) of
§1754. Digital discrimination
(a) Statement of policy
It is the policy of the United States that, insofar as technically and economically feasible—
(1) subscribers should benefit from equal access to broadband internet access service within the service area of a provider of such service;
(2) the term "equal access", for purposes of this section, means the equal opportunity to subscribe to an offered service that provides comparable speeds, capacities, latency, and other quality of service metrics in a given area, for comparable terms and conditions; and
(3) the Commission should take steps to ensure that all people of the United States benefit from equal access to broadband internet access service.
(b) Adoption of rules
Not later than 2 years after November 15, 2021, the Commission shall adopt final rules to facilitate equal access to broadband internet access service, taking into account the issues of technical and economic feasibility presented by that objective, including—
(1) preventing digital discrimination of access based on income level, race, ethnicity, color, religion, or national origin; and
(2) identifying necessary steps for the Commissions to take to eliminate discrimination described in paragraph (1).
(c) Federal policies
The Commission and the Attorney General shall ensure that Federal policies promote equal access to robust broadband internet access service by prohibiting deployment discrimination based on—
(1) the income level of an area;
(2) the predominant race or ethnicity composition of an area; or
(3) other factors the Commission determines to be relevant based on the findings in the record developed from the rulemaking under subsection (b).
(d) Model State and local policies
The Commission shall develop model policies and best practices that can be adopted by States and localities to ensure that broadband internet access service providers do not engage in digital discrimination.
(e) Complaints
The Commission shall revise its public complaint process to accept complaints from consumers or other members of the public that relate to digital discrimination.
(