Enabling middle mile broadband infrastructure

In this section: 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. The term “Assistant Secretary” means the Assistant Secretary of Commerce for Communications and Information. The term “Commission” means the Federal Communications Commission. The term “eligible entity” means— The term “FCC fixed broadband map” means the map created by the Commission under section 642(c)(1)(B) of this title. The term “Indian Tribe” has the meaning given the term in section 5304 of title 25. The term “interconnect” means the physical linking of 2 networks for the mutual exchange of traffic on non-discriminatory terms and conditions. The term “internet exchange facility” means physical infrastructure through which internet service providers and content delivery networks exchange internet traffic between their networks. The term “middle mile infrastructure”— includes— The term “middle mile grant” means a grant awarded under subsection (c). The term “Native entity” means— The term “State” has the meaning given the term in section 153 of this title. 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 (47 U.S.C. 34) (commonly known as the “Cable Landing Licensing Act”). 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 section 5131 of title 25. The term “trust land” has the meaning given the term in section 3765 of title 38. The term “underserved”, with respect to an area, means an area— that— as determined in accordance with the FCC fixed broadband map, does not have access to broadband service with— except as provided in subclause (II)— The term “unserved”, with respect to an area, means an area— that— as determined in accordance with the FCC fixed broadband map, does not have access to broadband service with— except as provided in subclause (II)— The purposes of this section are— It is the sense of Congress that— in awarding middle mile grants, the Assistant Secretary should give priority to— projects that— 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— 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. The Assistant Secretary shall establish an application process for middle mile grants in accordance with this subsection. 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: The eligible entity identifies specific terrestrial and wireless last mile broadband providers that have— 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. 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— 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. 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. 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: Speed and usage surveys of existing broadband service that— are conducted by— In this clause, the term “covered recipient”, with respect to an eligible entity, means— 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. An eligible entity shall provide the information required under subclause (II) to each covered recipient in a uniform format determined by the Assistant Secretary. 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. 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. Nothing in subitem (AA) is intended to be or shall be construed as a waiver of Tribal sovereign immunity. To the extent feasible, an eligible entity that receives a middle mile grant to build middle mile infrastructure using fiber optic technology shall— 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— 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. 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. 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). The Assistant Secretary shall— establish— 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— 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. The amount of a middle mile grant awarded to an eligible entity may not exceed 70 percent of the total project cost. 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— 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. There is authorized to be appropriated to carry out this section $1,000,000,000 for fiscal years 2022 through 2026.