47 USC 1702 - Grants for broadband deployment

Collapse to view only § 1702. Grants for broadband deployment

§ 1701. Findings
§ 1702. Grants for broadband deployment
§ 1703. Broadband DATA maps
§ 1704. Broadband Deployment Locations Map
§ 1705. Grants for broadband connectivity

§ 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.

(Pub. L. 117–58, div. F, title I, § 60101, Nov. 15, 2021, 135 Stat. 1182.)

§ 1702. Grants for broadband deployment

(a) Definitions

(1) Areas, locations, and institutions lacking broadband accessIn this section:

(A) Unserved locationThe 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

(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

(E) Eligible community anchor institution

(2) Other definitionsIn this section:

(A) Assistant Secretary

(B) Broadband; broadband service

(D) Commission

(E) Community anchor institution

(F) Eligible entity

(G) High-cost area

(i) In generalThe 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

(H) Location; broadband-serviceable location

(I) Priority broadband projectThe 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

(K) Project

(L) Reliable broadband service

(M) State

(N) Subgrantee

(b) Broadband Equity, Access, and Deployment Program

(1) Establishment

(2) Authorization of appropriations

(3) Obligation timeline

(4) Technical support and assistance

(A) Program assistanceAs 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 assistanceThe 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.

(1) Allocation for high-cost areas

(A) In general

(B) FormulaThe 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 allocationOf 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

(B) AllocationThe 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

(5) Contingency procedures

(A) Definition

(B) Political subdivisions and consortia

(i) Application failures

(ii) Treatment of political subdivision or consortium as eligible entityIn 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.

(i) Application failuresThe 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 allocationThe 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

(2) Eligible entities

(A) Pre-deployment planning

(B) Administration

(e) Implementation

(1) Initial Program deployment and planning

(A) Notice of funding opportunity; processNot 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

(ii) Form and contentsThe 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 (Public Law 117–2);(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.

(i) In general

(ii) Funding availability

(iii) Eligible useThe 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 generalAn 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 plansThe 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 proposalsOn 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 generalAfter 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(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

(D) Consideration of initial proposalAfter 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 proposalAfter receipt of a resubmitted initial proposal for a grant under this paragraph, the Assistant Secretary—

(i) shall acknowledge receipt;

(4) Final proposal

(A) Submission

(i) In generalAfter the Assistant Secretary approvals 1

1 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—(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(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

(B) Single final proposal

(D) Consideration of final proposalAfter 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 proposalAfter receipt of a resubmitted final proposal for a grant under this paragraph, the Assistant Secretary—

(i) shall acknowledge receipt;

(f) Use of fundsAn 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 section 9902(2) of title 42) is higher than the national percentage of such individuals;

(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 obligationsA 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 section 1608 of this title; or

(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 obligationsIn 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 disclosureThe 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 generalAn 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

(2) Challenge process

(A) In general

(B) Final identification; notification of funding eligibility

(D) NTIA authorityThe 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

(3) Non-Federal share of broadband infrastructure deployment costs

(A) In general

(i) Matching requirement

(ii) Waiver

(B) Source of matchA 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 (Public Law 116–127; 134 Stat. 178);(bb) the CARES Act (Public Law 116–136; 134 Stat. 281);(cc) the Consolidated Appropriations Act, 2021 (Public Law 116–260; 134 Stat. 1182);(dd) the American Rescue Plan Act of 2021 (Public Law 117–2; 135 Stat. 4); or(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).

(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 requirementsAn 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) DefinitionsIn 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

(ii) Consultation

(iii) Approval of Assistant Secretary(I) In general(II) ResubmissionIf 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

(C) NonperformanceThe 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

(E) Guidance

(6) Return of funds

(i) Regulations

(j) Reporting

(1) Eligible entities

(A) Initial reportNot 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 reportNot 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 reportNot 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

(E) Federal agency reporting requirement

(i) Definitions

(ii) Requirement

(2) Subgrantees

(A) Semiannual report

(B) ContentsEach 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 coordinationThe 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 (47 U.S.C. 641 et seq.); and

(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 websiteNot 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

(k) Relation to other public fundingNotwithstanding 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

(m) Sense of Congress regarding Federal agency coordination

(n) Judicial review

(1) In general

(2) Standard of reviewIn 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

(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 lawsAny action taken or decision made by the Assistant Secretary under this section shall be exempt from the requirements of—

(1)section 3506 of title 44 (commonly referred to as the “Paperwork Reduction Act”);

(2) chapter 5 or 7 of title 5 (commonly referred to as the “Administrative Procedures Act”); and

(3) chapter 6 of title 5 (commonly referred to as the “Regulatory Flexibility Act”).

(Pub. L. 117–58, div. F, title I, § 60102, Nov. 15, 2021, 135 Stat. 1182.)

§ 1703. Broadband DATA maps

(a) Definition

(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 (47 U.S.C. 641 et seq.); or

(2) the Form 477 data collection program.

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 (47 U.S.C. 642(a)(1)(A)); and

(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).

(Pub. L. 117–58, div. F, title I, § 60103, Nov. 15, 2021, 135 Stat. 1205.)

§ 1704. Broadband Deployment Locations Map

(a) DefinitionsIn this section:

(1) Broadband infrastructureThe 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 section 1302(d) of this title.

(2) Commission

(3) Deployment Locations Map

(b) Establishment of Deployment Locations Map

(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) FunctionsIn 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 (Public Law 116–136);

(D) American Rescue Plan Act of 2021 (Public Law 117–2); or

(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;

(D) relevant download and upload speeds; and

(4) incorporates broadband service availability data as depicted in the Broadband Map created under section 642(c)(1) of this title.

(e) Periodic updates

(1) In general

(2) Other Federal agencies

(f) No effect on programmatic missions

(g) Nonduplication

(h) Funding

(Pub. L. 117–58, div. F, title I, § 60105, Nov. 15, 2021, 135 Stat. 1206.)

§ 1705. Grants for broadband connectivity

(a) DefinitionsIn this section:

(1) Assistant Secretary

(2) Broadband or broadband service.—

(3) Commission

(4) Covered broadband project

(5) Covered partnershipThe 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

(7) Eligible service areaThe 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 (47 U.S.C. 642(c)(1)); or

(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 entityThe 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

(10) Native Hawaiian

(11) Qualifying broadband serviceThe 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

(12) Tribal Government

(13) Tribal landThe 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;

(D) Hawaiian Home Lands, as defined in section 4221 of title 25; or

(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) UnservedThe 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 appropriationThere 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).

(1) Tribal broadband connectivity grantsThe 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

(3) Allocations

(A) Equitable distribution

(B) Administrative expenses of Assistant Secretary

(4) Use of grant funds

(A) Commitment deadline

(i) In general

(ii) Reversion of funds

(B) Expenditure deadline

(i) In general

(ii) Extensions for infrastructure projectsThe 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

(iv) Reversion of funds

(5) Eligible usesAn 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;

(D) telehealth;

(E) digital inclusion efforts; and

(F) broadband adoption activities.

(6) Administrative expenses of eligible entities

(A) In general

(B) Broadband infrastructure projects

(7) Subgrantees

(A) In general

(B) RequirementsAn 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

(d) Broadband infrastructure program

(1) Broadband infrastructure deployment grants

(2) Mapping

(A) Data from commission

(B) Use by Assistant Secretary

(3) Eligibility requirementsTo 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 (7 U.S.C. 950bb et seq.), including—(aa) any program to provide grants, loans, or loan guarantees under sections 601 through 603 of that Act (7 U.S.C. 950bb et seq.); and(bb) the Community Connect Grant Program established under section 604 of that Act (7 U.S.C. 950bb–3); or(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 (Public Law 115–141; 132 Stat. 348);

(iii) any high-cost universal service support provided under section 254 of the Communications Act of 1934 (47 U.S.C. 254);

(iv) any grant provided under section 1305 of this title;

(v) amounts made available for the Education Stabilization Fund under the span “DEPARTMENT OF EDUCATION” in title VIII of division B of the CARES Act (Public Law 116–136; 134 Stat. 564); or

(vi) any other grant, loan, or loan guarantee provided by the Federal Government for the provision of broadband service.

(4) PriorityIn 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

(B) ExtensionsThe 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.

(6) Grant conditions

(A) ProhibitionsAs 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

(e) Implementation

(1) Requirements; outreachNot 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

(B) Processing

(i) In general

(ii) DenialThe 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.

(D) Proposed use of funds

(E) Allocation of funds

(F) Treatment of unallocated funds

(i) In generalIf 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

(3) Transparency, accountability, and oversight requiredIn 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

(4) Prohibition on use for covered communications equipment or services

(5) Unauthorized use of funds

(6) Additional appropriations for Tribal Broadband Connectivity Program

(A) DefinitionIn 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 fundingIf 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) ExceptionsIf 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 reportNot 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

(2) Inspector General and GAO

(g) Impact on other Federal broadband programs

(Pub. L. 116–260, div. N, title IX, § 905, Dec. 27, 2020, 134 Stat. 2136; Pub. L. 117–58, div. F, title II, § 60201, Nov. 15, 2021, 135 Stat. 1208.)