Grants for broadband deployment

In this section: The term “unserved location” means a broadband-serviceable location, as determined in accordance with the broadband DATA maps, that— lacks access to reliable broadband service offered with— a speed of not less than— 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. The term “underserved location” means a location— as determined in accordance with the broadband DATA maps, lacks access to reliable broadband service offered with— a speed of not less than— 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. The term “eligible community anchor institution” means a community anchor institution that lacks access to gigabit-level broadband service. In this section: The term “Assistant Secretary” means the Assistant Secretary of Commerce for Communications and Information. 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. 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)). The term “Commission” means the Federal Communications Commission. 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. The term “eligible entity” means a State. 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— 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. 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. The term “priority broadband project” means a project designed to— ensure that the network built by the project can easily scale speeds over time to— The term “Program” means the Broadband Equity, Access, and Deployment Program established under subsection (b)(1). The term “project” means an undertaking by a subgrantee under this section to construct and deploy infrastructure for the provision of 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. The term “State” has the meaning given the term in section 942 of this title, except that that definition shall be applied by striking “, and any other territory or possession of the United States”. The term “subgrantee” means an entity that receives grant funds from an eligible entity to carry out activities under subsection (f). 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. There is authorized to be appropriated to the Assistant Secretary to carry out the Program $42,450,000,000. 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). 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— The Assistant Secretary shall provide technical and other assistance to eligible entities— to support the expansion of broadband, with priority for— 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). The Assistant Secretary shall calculate the amount allocated to an eligible entity under subparagraph (A) by— Of the amount appropriated pursuant to subsection (b)(2)— 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. The amount allocated to an eligible entity under subparagraph (B) shall be calculated by— 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). In this paragraph, the term “covered application” means a letter of intent, initial proposal, or final proposal under this section. 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. 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— 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— 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— The Assistant Secretary may use not more than 2 percent of amounts appropriated pursuant to subsection (b) for administrative purposes. 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). 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. Not later than 180 days after November 15, 2021, the Assistant Secretary shall— issue a notice of funding opportunity for the Program that— notifies eligible entities of— invites eligible entities to submit letters of intent under subparagraph (B) in order to— contains details about the Program, including an outline of the requirements for— publish a template— 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. The Assistant Secretary may establish the form and contents required for a letter of intent under this subparagraph, which contents may include— details of— the existing broadband program or office of the eligible entity, including— the identification of the additional capacity needed by the eligible entity to implement the requirements under this section, such as— 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. 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). The Assistant Secretary shall determine the allowable uses of amounts made available under clause (ii), which may include— 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— detail— 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— 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— 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— outlines long-term objectives for deploying broadband, closing the digital divide, and enhancing economic growth and job creation, including— identifies— The Assistant Secretary shall establish local coordination requirements for eligible entities to follow, to the greatest extent practicable. The local coordination requirements established under subclause (I) shall include, at minimum, an opportunity for political subdivisions of an eligible entity to— An eligible entity may submit only 1 initial proposal under this paragraph. The Assistant Secretary may accept corrections to the initial proposal of an eligible entity after the initial proposal has been submitted. After receipt of an initial proposal for a grant under this paragraph, the Assistant Secretary— if the initial proposal is complete— shall determine whether the use of funds proposed in the initial proposal— if the Assistant Secretary approves the initial proposal under clause (ii)(II), shall make available to the eligible entity— After receipt of a resubmitted initial proposal for a grant under this paragraph, the Assistant Secretary— if the initial proposal is complete— shall determine whether the use of funds proposed in the initial proposal— if the Assistant Secretary approves the initial proposal under clause (ii)(II), shall make available to the eligible entity— After the Assistant Secretary approvals 11 So in original. Probably should be “approves”. 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— a detailed plan that specifies how the eligible entity will— The Assistant Secretary shall establish local coordination requirements for eligible entities to follow, to the greatest extent practicable. The local coordination requirements established under subclause (I) shall include, at minimum, an opportunity for political subdivisions of an eligible entity to— 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. An eligible entity may submit only 1 final proposal under this paragraph. The Assistant Secretary may accept corrections to the final proposal of an eligible entity after the final proposal has been submitted. After receipt of a final proposal for a grant under this paragraph, the Assistant Secretary— if the final proposal is complete— shall determine whether the use of funds proposed in the final proposal— After receipt of a resubmitted final proposal for a grant under this paragraph, the Assistant Secretary— if the final proposal is complete— shall determine whether the use of funds proposed in the final proposal— An eligible entity may use grant funds received under this section to competitively award subgrants for— 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 subgrantee, in carrying out activities using amounts received from an eligible entity under this section— may not use the amounts to purchase or support— In distributing funds to subgrantees under this section, an eligible entity shall— ensure that any prospective subgrantee— has the financial and managerial capacity to meet— The Assistant Secretary— may, in addition to other authority under applicable law— deobligate grant funds awarded to an eligible entity that— 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)— shall award funding in a manner that— shall give priority to projects based on— 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. 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. 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. 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. The Assistant Secretary— The Commission shall implement the amendments made by this subparagraph as soon as possible after November 15, 2021. 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. Upon request by an eligible entity or a subgrantee, the Assistant Secretary may reduce or waive the required matching contribution under clause (i). A matching contribution under subparagraph (A)— may include funds that were provided to an eligible entity or a subgrantee— under— For purposes of this paragraph, the term “Federal regional commission or authority” means— An entity that receives a subgrant under subsection (f)(1) for the deployment of a broadband network— in providing broadband service using the network— shall provide broadband service— 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— In this paragraph— 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. 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). 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”. 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— 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”. The Assistant Secretary shall develop procedures under which the Assistant Secretary or an eligible entity may— 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. The Assistant Secretary may issue guidance to eligible entities to carry out the purposes of this paragraph. 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. 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. 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— 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— 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— Subject to section 904(b)(2) of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116–260) [47 U.S.C. 1308(b)(2)] (relating to an interagency agreement), the Assistant Secretary shall coordinate with the Commission and the Department of Agriculture, including providing the final reports received under subparagraph (C) 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. 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 (Public Law 116–260) [47 U.S.C. 1307] (also known as the “ACCESS BROADBAND Act”). 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. 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. Each report submitted under subparagraph (A) shall— in the case of a broadband infrastructure project— The Assistant Secretary and the Commission shall collaborate to— Not later than 2 years after November 15, 2021, the Assistant Secretary, in consultation with the Commission, shall establish a publicly available website that— allows a consumer to determine, based on financial information entered by the consumer, whether the consumer is eligible— 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). Notwithstanding any other provision of law— 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. 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. 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. In carrying out any review described in paragraph (1), the court shall affirm the decision of the Assistant Secretary unless— the Assistant Secretary was guilty of— Any action taken or decision made by the Assistant Secretary under this section shall be exempt from the requirements of—