H. R. 3684-754 Division F BroadbandH. R. 3684—754
DIVISION F—BROADBAND
TITLE I—BROADBAND GRANTS FOR
STATES, DISTRICT OF COLUMBIA,
PUERTO RICO, AND TERRITORIES
SEC. 60101. 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.
SEC. 60102. 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—
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(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 gigabitlevel
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 (47 U.S.C.
642(c)(1)).
(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 lowincome
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,
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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 the
date of enactment of this Act.
(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 section 158 of the National Telecommunications
and Information Administration Organization Act (47
U.S.C. 942), except that that definition shall be applied
by striking ‘‘, and any other territory or possession of
the United States’’.
(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 the
date of enactment of this Act, 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.