RURAL Broadband Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 2661 To amend the Rural Electrification Act of 1936 to provide requirements on the use of assistance for broadband deployment, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 10, 2019 Mr. TIPTON (for himself and Mr. GOSAR) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Energy and Commerce, for a period to be subsequently de- termined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Rural Electrification Act of 1936 to provide requirements on the use of assistance for broadband deployment, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Reprioritizing 4 Unserved Rural Areas and Locations for Broadband Act 5 of 2019’’ and the ‘‘RURAL Broadband Act of 2019’’. 6 VerDate Sep 11 2014 03:59 May 23, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2661.IH H2661 pbinns on DSK79D2C42PROD with BILLS 2 •HR 2661 IH SEC. 2. USE OF ASSISTANCE FOR DEPLOYMENT OF 1 BROADBAND INFRASTRUCTURE. 2 Title VI of the Rural Electrification Act of 1936 (7 3 U.S.C. 950bb et seq.) is amended by adding at the end 4 the following: 5 ‘‘SEC. 607. USE OF ASSISTANCE FOR DEPLOYMENT OF 6 BROADBAND INFRASTRUCTURE. 7 ‘‘(a) DEFINITION OF QUALIFYING BROADBAND-CA- 8 PABLE INFRASTRUCTURE.—In this section, the term 9 ‘qualifying broadband-capable infrastructure’ means fixed 10 terrestrial broadband-capable infrastructure— 11 ‘‘(1) used by a service provider to provide fixed 12 terrestrial broadband service for which the service 13 provider receives universal service support under sec- 14 tion 254 of the Communications Act of 1934 (47 15 U.S.C. 254), if— 16 ‘‘(A) the broadband service satisfies the 17 current speed benchmark for fixed services es- 18 tablished by the FCC under section 706 of the 19 Telecommunications Act of 1996 (47 U.S.C. 20 1302); or 21 ‘‘(B) the service provider is in compliance 22 with buildout obligations in the relevant area to 23 provide retail fixed terrestrial broadband service 24 that will comply with the applicable broadband 25 VerDate Sep 11 2014 03:59 May 23, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2661.IH H2661 pbinns on DSK79D2C42PROD with BILLS 3 •HR 2661 IH speed standard described in subparagraph (A); 1 or 2 ‘‘(2) that— 3 ‘‘(A) was financed with funds provided by 4 the Secretary under this Act or any other pro- 5 gram carried out by the Secretary for the costs 6 of the construction, improvement, or acquisition 7 of facilities or equipment for the purpose of 8 providing fixed terrestrial telecommunications 9 or broadband service; and 10 ‘‘(B)(i) is used to provide fixed terrestrial 11 broadband service, if— 12 ‘‘(I) the broadband service satisfies 13 any applicable broadband speed standards 14 established by the Secretary; or 15 ‘‘(II) the service provider is in compli- 16 ance with buildout obligations in the rel- 17 evant area to provide retail fixed terrestrial 18 broadband service that will comply with 19 the applicable broadband speed standards 20 described in subclause (I); or 21 ‘‘(ii) was financed with a loan under this 22 Act or any other program carried out by the 23 Secretary that remains outstanding for the pur- 24 VerDate Sep 11 2014 03:59 May 23, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2661.IH H2661 pbinns on DSK79D2C42PROD with BILLS 4 •HR 2661 IH pose of providing fixed terrestrial telecommuni- 1 cations or broadband service. 2 ‘‘(b) RESTRICTION ON USE OF ASSISTANCE.—A loan, 3 grant, or other assistance awarded under this Act, or by 4 the rural development mission area under the Consoli- 5 dated Farm and Rural Development Act (7 U.S.C. 1921 6 et seq.), may not be used to coordinate, approve, or fi- 7 nance the deployment of broadband-capable infrastructure 8 by a service provider to provide retail fixed broadband 9 service that would overbuild or otherwise duplicate quali- 10 fying broadband-capable infrastructure that another serv- 11 ice provider is using to provide retail fixed terrestrial 12 broadband service in the same geographic area. 13 ‘‘(c) USE OF ASSISTANCE IN UNSERVED AREAS.— 14 A loan, grant, or other assistance provided by the Sec- 15 retary hereunder, acting through the Administrator of the 16 Rural Utilities Service, to coordinate, approve, or finance 17 the deployment of broadband-capable infrastructure by a 18 service provider may be used to provide retail fixed 19 broadband service only in a geographic area in which there 20 is no qualifying broadband-capable infrastructure owned 21 or operated by another service provider.’’. 22 Æ VerDate Sep 11 2014 03:59 May 23, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H2661.IH H2661 pbinns on DSK79D2C42PROD with BILLS