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I
116TH CONGRESS
1ST SESSION H. R. 3278
To amend the Communications Act of 1934 to provide for the establishment
of a program to expand access to broadband.
IN THE HOUSE OF REPRESENTATIVES
JUNE 13, 2019
Mr. LOEBSACK (for himself, Mr. LUJA´N, Ms. SCHAKOWSKY, Mr. MCNERNEY,
Mr. O’HALLERAN, Mr. WELCH, Ms. ESHOO, Ms. CLARKE of New York,
Mr. MICHAEL F. DOYLE of Pennsylvania, Mr. TONKO, Mr. VEASEY, Ms.
DEGETTE, Ms. KUSTER
of New Hampshire, Mr. PALLONE, Mr.
BUTTERFIELD, Mrs. DINGELL, Mr. CA´RDENAS, and Ms. MATSUI) intro-
duced the following bill; which was referred to the Committee on Energy
and Commerce
A BILL
To amend the Communications Act of 1934 to provide for
the establishment of a program to expand access to
broadband.
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 ‘‘Connect America Act
4
of 2019’’.
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SEC. 2. EXPANSION OF BROADBAND ACCESS.
1
Title I of the Communications Act of 1934 (47
2
U.S.C. 151 et seq.) is amended by adding at the end the
3
following new section:
4
‘‘SEC. 14. EXPANSION OF BROADBAND ACCESS.
5
‘‘(a) PROGRAM ESTABLISHED.—Not later than 180
6
days after the date of the enactment of this section, the
7
Commission, in consultation with the Assistant Secretary,
8
shall establish a program to expand access to broadband
9
for unserved areas, underserved areas, and unserved an-
10
chor institutions in accordance with the requirements of
11
this section that—
12
‘‘(1) is separate from any universal service pro-
13
gram established pursuant to section 254; and
14
‘‘(2) does not require funding recipients to be
15
designated as eligible telecommunications carriers
16
under section 214(e).
17
‘‘(b) USE OF PROGRAM FUNDS.—
18
‘‘(1) EXPANDING
ACCESS
TO
BROADBAND
19
THROUGH NATIONAL REVERSE AUCTION.—Not later
20
than 18 months after the date of the enactment of
21
this section, the Commission shall award 75 percent
22
of the amounts appropriated under subsection (h)
23
through a national reverse auction to funding recipi-
24
ents only to expand access to broadband in unserved
25
areas.
26
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‘‘(2) EXPANDING
ACCESS
TO
BROADBAND
1
THROUGH STATES.—
2
‘‘(A)
DISTRIBUTION
OF
FUNDS
TO
3
STATES.—Not later than 255 days after the
4
date of the enactment of this section, the Com-
5
mission shall distribute 25 percent of the
6
amounts appropriated under subsection (h)
7
among the States, in direct proportion to the
8
population of each State.
9
‘‘(B) PUBLIC NOTICE.—Not later than 195
10
days after the date of the enactment of this sec-
11
tion, the Commission shall issue a public notice
12
informing each State and the public of the
13
amounts to be distributed under this para-
14
graph. The notice shall include—
15
‘‘(i) the manner in which a State shall
16
inform the Commission of that State’s ac-
17
ceptance or acceptance in part of the
18
amounts to be distributed under this para-
19
graph;
20
‘‘(ii) the date (which is 30 days after
21
the date on which the public notice is
22
issued) by which such acceptance or ac-
23
ceptance in part is due; and
24
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•HR 3278 IH
‘‘(iii) the requirements as set forth
1
under this section and as may be further
2
prescribed by the Commission.
3
‘‘(C) ACCEPTANCE BY STATES.—Not later
4
than 30 days after the date on which the public
5
notice is issued under subparagraph (B), each
6
State accepting amounts to be distributed
7
under this paragraph shall inform the Commis-
8
sion of the acceptance or acceptance in part by
9
the State of the amounts to be distributed
10
under this paragraph in the manner described
11
by the Commission in the public notice.
12
‘‘(D) REQUIREMENTS FOR STATE RECEIPT
13
OF
AMOUNTS
DISTRIBUTED.—Each State ac-
14
cepting amounts distributed under this para-
15
graph—
16
‘‘(i) shall only award such amounts
17
through a statewide reverse auction or auc-
18
tions, in the manner prescribed by the
19
State but subject to the requirements as
20
set forth under this section and as may be
21
further prescribed by the Commission;
22
‘‘(ii) shall make such awards only—
23
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‘‘(I) to funding recipients to ex-
1
pand access to broadband in unserved
2
areas;
3
‘‘(II) to funding recipients to ex-
4
pand access to broadband to unserved
5
anchor institutions; or
6
‘‘(III) to funding recipients to ex-
7
pand access to broadband in under-
8
served areas, but only if a State does
9
not have, or no longer has, any
10
unserved areas;
11
‘‘(iii) shall conduct separate reverse
12
auctions for awards made to unserved an-
13
chor institutions under clause (ii)(II), if a
14
State awards any funding provided by this
15
section to unserved anchor institutions;
16
‘‘(iv) shall return any unused portion
17
of such amounts to the Commission within
18
10 years after the date of the enactment of
19
this section and shall submit a certification
20
to the Commission before receiving such
21
amounts that the State will return such
22
amounts; and
23
‘‘(v) may not use more than 5 percent
24
of the amounts distributed under this
25
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•HR 3278 IH
paragraph to administer a reverse auction
1
or auctions authorized by this paragraph.
2
‘‘(3) COORDINATION OF FEDERAL AND STATE
3
FUNDING.—The Commission shall establish proc-
4
esses through the rulemaking under subsection (e)
5
to—
6
‘‘(A) enable States to conduct statewide re-
7
verse auctions as part of, or in coordination
8
with, the national reverse auction;
9
‘‘(B) assist States in conducting statewide
10
reverse auctions;
11
‘‘(C) coordinate with States to ensure that
12
program funds awarded by the Commission and
13
program funds awarded by the States are not
14
used to expand access to broadband in the same
15
unserved areas; and
16
‘‘(D) coordinate with other Federal pro-
17
grams that expand access to broadband, such
18
as
the
Connect
America
Fund
or
the
19
Broadband e-Connectivity Pilot Program, to en-
20
sure the efficient use of program funds.
21
‘‘(c) PROGRAM REQUIREMENTS.—
22
‘‘(1) TECHNOLOGY NEUTRALITY REQUIRED.—
23
Any entity administering a reverse auction (either
24
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•HR 3278 IH
the State or the Commission) in making awards may
1
not favor a project using any particular technology.
2
‘‘(2) FUNDS PREFERENCE.—There shall be a
3
preference, as determined by the entity admin-
4
istering the reverse auction (either the State or the
5
Commission), for bidders in a reverse auction pro-
6
posing projects—
7
‘‘(A) with at least 20 percent matching
8
funds from private sources;
9
‘‘(B)
that
would
expand
access
to
10
broadband on tribal lands, as defined by the
11
Commission;
12
‘‘(C) that would provide higher speeds than
13
those specified in subsection (d)(2);
14
‘‘(D)
that
would
expand
access
to
15
broadband in advance of the time specified in
16
subsection (e)(5); or
17
‘‘(E)
that
would
expand
access
to
18
broadband to areas where the median household
19
income is below 150 percent of the poverty
20
threshold as defined by the Bureau of the Cen-
21
sus.
22
‘‘(3) UNSERVED AND UNDERSERVED AREAS.—
23
In determining whether an area is an unserved area
24
or an underserved area or whether an anchor insti-
25
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•HR 3278 IH
tution is an unserved anchor institution for any re-
1
verse auction authorized under this section, the
2
Commission shall implement the following require-
3
ments through the rulemaking described in sub-
4
section (e):
5
‘‘(A) DATA
FOR
INITIAL
DETERMINA-
6
TION.—To make an initial determination as to
7
whether an area is an unserved area or an un-
8
derserved area or whether an anchor institution
9
is an unserved anchor institution, the Commis-
10
sion shall—
11
‘‘(i) to the extent practicable, use the
12
National Broadband Availability Map, up-
13
dated pursuant to the Consolidated Appro-
14
priations Act, 2018 (Public Law 115–141);
15
‘‘(ii) consider other data on access to
16
broadband obtained or purchased by the
17
Commission;
18
‘‘(iii) consider other publicly available
19
data
or
information
on
access
to
20
broadband;
21
‘‘(iv) consider other publicly available
22
data or information on State broadband
23
deployment programs; and
24
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•HR 3278 IH
‘‘(v) not determine an area is not an
1
unserved area or an underserved area on
2
the basis that one location within such
3
area does not meet the definition of an
4
unserved area or an underserved area.
5
‘‘(B)
INITIAL
DETERMINATION.—The
6
Commission shall make an initial determination
7
of the areas that are unserved areas or under-
8
served areas and which anchor institutions are
9
unserved anchor institutions not later than 270
10
days after the date of the enactment of this sec-
11
tion.
12
‘‘(C) CHALLENGE OF DETERMINATION.—
13
‘‘(i) IN GENERAL.—The Commission
14
shall provide for a process for challenging
15
any initial determination regarding wheth-
16
er an area is an unserved area or an un-
17
derserved area or whether an anchor insti-
18
tution is an unserved anchor institution
19
that, at a minimum, provides not less than
20
45 days for a person to voluntarily submit
21
information concerning—
22
‘‘(I) the broadband offered in the
23
area; or
24
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•HR 3278 IH
‘‘(II) the broadband offered to
1
the anchor institution.
2
‘‘(ii) STREAMLINED
PROCESS.—The
3
Commission shall ensure that such process
4
is sufficiently streamlined such that a rea-
5
sonably prudent person may easily partici-
6
pate to challenge such initial determination
7
with little burden on such person.
8
‘‘(D) FINAL DETERMINATION.—The Com-
9
mission shall make a final determination of the
10
areas that are unserved areas or underserved
11
areas and which anchor institutions are
12
unserved anchor institutions within 1 year after
13
the date of the enactment of this section.
14
‘‘(4)
NOTICE,
TRANSPARENCY,
ACCOUNT-
15
ABILITY, AND OVERSIGHT REQUIRED.—The program
16
shall contain sufficient notice, transparency, ac-
17
countability, and oversight measures to provide the
18
public with notice of the assistance provided under
19
this section, and to deter waste, fraud, and abuse of
20
program funds.
21
‘‘(5) COMPETENCE.—The program shall contain
22
sufficient processes and requirements, as established
23
by the entity administering the reverse auction (ei-
24
ther the State or the Commission), to ensure fund-
25
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•HR 3278 IH
ing recipients participating in such a reverse auc-
1
tion—
2
‘‘(A) are capable of carrying out the
3
project in a competent manner in compliance
4
with all applicable Federal, State, and local
5
laws; and
6
‘‘(B) have the financial capacity to meet
7
the buildout obligations of the project and re-
8
quirements as set forth under this section and
9
as may be further prescribed by the Commis-
10
sion.
11
‘‘(6) CONTRACTING
REQUIREMENTS.—Any la-
12
borer or mechanic employed by any contractor or
13
subcontractor in the performance of work on any
14
project under this section shall be paid wages at
15
rates not less than those prevailing on similar con-
16
struction in the locality as determined by the Sec-
17
retary of Labor under subchapter IV of chapter 31
18
of title 40, United States Code (commonly referred
19
to as the Davis-Bacon Act).
20
‘‘(d) PROJECT REQUIREMENTS.—Any project funded
21
through the program shall meet the following require-
22
ments:
23
‘‘(1) The project shall adhere to quality-of-serv-
24
ice standards as established by the Commission.
25
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•HR 3278 IH
‘‘(2) The project shall offer broadband with a
1
download speed of at least 100 megabits per second,
2
an upload speed of at least 20 megabits per second,
3
and a latency that is sufficiently low to allow real-
4
time, interactive applications.
5
‘‘(3) For any project that involves laying fiber-
6
optic cables along a roadway, the project shall in-
7
clude interspersed conduit access points at regular
8
and short intervals.
9
‘‘(4) The project may not offer broadband that
10
does not, at a minimum, provide a download speed
11
of at least 25 megabits per second, an upload speed
12
of at least 3 megabits per second, and a latency that
13
is sufficiently low to allow real-time, interactive ap-
14
plications.
15
‘‘(5) The project shall incorporate prudent cy-
16
bersecurity and supply chain risk management prac-
17
tices, as specified by the Commission, through the
18
rulemaking described in subsection (e), in consulta-
19
tion with the Director of the National Institute of
20
Standards and Technology and the Assistant Sec-
21
retary.
22
‘‘(6) The project shall incorporate best prac-
23
tices, as defined by the Commission, for ensuring re-
24
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•HR 3278 IH
liability and resiliency of the network during disas-
1
ters.
2
‘‘(7) Any funding recipient must agree to have
3
the project meet the requirements established under
4
section 224, as if the project were classified as a
5
‘utility’ under such section.
6
‘‘(e) RULEMAKING AND DISTRIBUTION AND AWARD
7
OF FUNDS.—Not later than 180 days after the date of
8
the enactment of this section, the Commission, in con-
9
su
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