II 

115TH CONGRESS 

1ST SESSION S. 1013 

To amend the Internal Revenue Code of 1986 to provide tax benefits for 

investments in gigabit opportunity zones. 

IN THE SENATE OF THE UNITED STATES 

MAY 3, 2017 

Mrs. CAPITO introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to provide 

tax benefits for investments in gigabit opportunity zones. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Gigabit Opportunity 

5 Act’’. 

6 SEC. 2. GIGABIT OPPORTUNITY ZONES. 

7 (a) ESTABLISHMENT OF ZONES AND BENEFITS.— 

8 (1) IN GENERAL.—Chapter 1 of the Internal 

9 Revenue Code of 1986 is amended by adding at the 

10 end the following: 


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1 ‘‘Subchapter Z—Gigabit Opportunity Zones 

‘‘Sec. 1400Z–1. Designation. 

‘‘Sec. 1400Z–2. Deferral for eligible taxpayer of capital gains invested in gigabit opportunity zones. 

‘‘Sec. 1400Z–3. Immediate expensing of qualified gigabit opportunity zone business property. 

2 ‘‘SEC. 1400Z–1. DESIGNATION. 

3 ‘‘(a) QUALIFIED GIGABIT OPPORTUNITY ZONE DE4 FINED.—For the purposes of this subchapter, the term 

5 ‘qualified gigabit opportunity zone’ means a population 

6 census tract that is a low-income community— 

7 ‘‘(1) which is located in a jurisdiction— 

8 ‘‘(A) that has been certified by Secretary, 

9 in consultation with the National Telecommuni10 cations and Information Administration, as 

11 having adopted the Uniform Model Broadband 

12 Deployment Act prescribed by the Federal 

13 Communications Commission pursuant to sec14 tion 4 of the Gigabit Opportunity Act, or 

15 ‘‘(B) which has been determined by the 

16 Secretary, in consultation with the National 

17 Telecommunications and Information Adminis18 tration, to have adopted laws which are com19 parable to such Model Broadband Development 

20 Act, and 

21 ‘‘(2) which is designated as a qualified gigabit 

22 opportunity zone. 


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1 Paragraph (1)(B) shall not apply with respect to any ju2 risdiction for which a determination has been made after 

3 the date which is 3 years after the date of the enactment 

4 of this section. 

5 ‘‘(b) DESIGNATION.— 

6 ‘‘(1) IN GENERAL.—For purposes of subsection 

7 (a)(3), a population census tract that is a low-in8 come community and which meets the requirements 

9 of paragraph (1) of subsection (a) is designated as 

10 a qualified gigabit opportunity zone if— 

11 ‘‘(A) not later than the end of the deter12 mination period, the governor of the State in 

13 which the tract is located— 

14 ‘‘(i) nominates the tract for designa15 tion as a qualified gigabit opportunity 

16 zone, and 

17 ‘‘(ii) notifies the Secretary in writing 

18 of such nomination, and 

19 ‘‘(B) the Secretary certifies such nomina20 tion and designates such tract as a qualified 

21 gigabit opportunity zone before the end of the 

22 consideration period. 

23 ‘‘(2) EXTENSION OF PERIODS.—A governor 

24 may request that the Secretary extend either the de25 termination or consideration period, or both (deterVerDate Sep 11 2014 23:23 May 08, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1013.IS S1013

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1 mined without regard to this subparagraph), for an 

2 additional 30 days. 

3 ‘‘(c) OTHER DEFINITIONS.—For purposes of this 

4 subsection— 

5 ‘‘(1) LOW-INCOME COMMUNITIES.—The term 

6 ‘low-income community’ has the same meaning as 

7 when used in section 45D(e). 

8 ‘‘(2) DEFINITION OF PERIODS.— 

9 ‘‘(A) CONSIDERATION PERIOD.—The term 

10 ‘consideration period’ means the 30-day period 

11 beginning on the date on which the Secretary 

12 receives notice under subsection (b)(1)(A)(ii), 

13 as extended under subsection (b)(2). 

14 ‘‘(B) DETERMINATION PERIOD.—The term 

15 ‘determination period’ means the 90-day period 

16 beginning on the date on which the State 

17 adopts the Uniform Model Broadband Act de18 scribed in subsection (a)(1)(A), as extended 

19 under subsection (b)(2). 

20 ‘‘(d) GUIDANCE FOR OPPORTUNITY ZONE NOMINA21 TIONS.—When considering the nomination of qualified 

22 gigabit opportunity zones, governors should strive for the 

23 creation of qualified gigabit opportunity zones that are 

24 geographically concentrated and contiguous clusters of 


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1 population census tracts and should give particular consid2 eration to areas that— 

3 ‘‘(1) are currently facing obstacles to economic 

4 development due to a lack of geographic broadband 

5 coverage or a lack of broadband speed, 

6 ‘‘(2) are currently the focus of mutually rein7 forcing State, local, or private economic development 

8 initiatives, and 

9 ‘‘(3)(A) are poised for economic growth that re10 quires access to high speed broadband for commer11 cial purposes, and 

12 ‘‘(B) represent the areas of a State where such 

13 service would result in the highest return on invest14 ment. 

15 ‘‘(e) NUMBER OF DESIGNATIONS.— 

16 ‘‘(1) IN GENERAL.—Except as provided by 

17 paragraph (2), the number of population census 

18 tracts in a State that may be designated as qualified 

19 gigabit opportunity zones under this section may not 

20 exceed 25 percent of the number of low-income com21 munities in the State. 

22 ‘‘(2) EXCEPTION.—If the number of low-income 

23 communities in a State is less than 100, then a total 

24 of 25 of such tracts may be designated as qualified 

25 gigabit opportunity zones. 


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1 ‘‘(f) DESIGNATION OF TRACTS CONTIGUOUS WITH

2 LOW-INCOME COMMUNITIES.— 

3 ‘‘(1) IN GENERAL.—A population census tract 

4 that is not a low-income community may be des5 ignated as a qualified gigabit opportunity zone under 

6 this section if— 

7 ‘‘(A) such tract meets the requirements of 

8 paragraph (1) of subsection (a), 

9 ‘‘(B) the tract is contiguous with the low10 income community that is designated as a 

11 qualified gigabit opportunity zone, and 

12 ‘‘(C) the median family income of the tract 

13 does not exceed 150 percent of the median fam14 ily income of the low-income community with 

15 which the tract is contiguous. 

16 ‘‘(2) LIMITATION.—Not more than 25 percent 

17 of the population census tracts designated in a State 

18 as a qualified gigabit opportunity zone may be des19 ignated under paragraph (1). 

20 ‘‘(g) PERIOD FOR WHICH DESIGNATION IS IN EF21 FECT.—A designation as a qualified gigabit opportunity 

22 zone shall remain in effect for the period beginning on 

23 the date of the designation and ending at the close of the 

24 7th calendar year beginning on or after such date of des25 ignation. 


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1 ‘‘SEC. 1400Z–2. DEFERRAL FOR ELIGIBLE TAXPAYER OF 

2 CAPITAL GAINS INVESTED IN GIGABIT OP3 PORTUNITY ZONES. 

4 ‘‘(a) IN GENERAL.— 

5 ‘‘(1) EXCLUSION OF GAIN INVESTED IN GIG6 ABIT OPPORTUNITY ZONE PROPERTY.—In the case 

7 of gain from the sale to, or exchange with, an unre8 lated person of any property held by an eligible tax9 payer, at the election of the eligible taxpayer— 

10 ‘‘(A) gross income for the taxable year 

11 shall not include so much of such gain as does 

12 not exceed the aggregate cost of all qualified 

13 gigabit opportunity zone property acquired by 

14 the taxpayer during the 180-day period begin15 ning on the date of such sale or exchange, and 

16 ‘‘(B) the amount of gain excluded by sub17 paragraph (A) shall be included in gross income 

18 as provided by paragraph (2). 

19 ‘‘(2) DEFERRAL OF GAIN INVESTED IN QUALI20 FIED GIGABIT OPPORTUNITY ZONE PROPERTY.— 

21 ‘‘(A) YEAR OF INCLUSION.—Except as 

22 provided by subparagraph (C), gain to which 

23 paragraph (1)(B) applies shall be included in 

24 income in the taxable year in which the quali25 fied gigabit opportunity zone property related to 


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1 such gain is sold or exchanged in the amount 

2 determined under subparagraph (B). 

3 ‘‘(B) AMOUNT INCLUDIBLE.—The amount 

4 of gain determined under this clause shall be— 

5 ‘‘(i) 100 percent of such gain in the 

6 case of the sale or exchange of the quali7 fied gigabit opportunity zone property with 

8 respect to which gain is deferred under 

9 paragraph (1) that is held for less than 5 

10 years, 

11 ‘‘(ii) 90 percent of such gain in the 

12 case of the sale or exchange of the quali13 fied gigabit opportunity zone property with 

14 respect to which gain is deferred under 

15 paragraph (1) that is held for at least 5 

16 years but less than 7 years, and 

17 ‘‘(iii) 85 percent of such gain in the 

18 case of the sale or exchange of the quali19 fied gigabit opportunity zone property with 

20 respect to which gain is deferred under 

21 paragraph (1) that is held for at least 7 

22 years. 

23 ‘‘(3) EXCLUSION OF GAIN ON QUALIFIED GIG24 ABIT OPPORTUNITY ZONE PROPERTY HELD FOR AT

25 LEAST 10 YEARS.—Except as provided in paragraph 


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1 (2), in the case of the sale or exchange of qualified 

2 gigabit opportunity zone property, or an investment 

3 in a qualified opportunity fund, held for at least 10 

4 years, gross income for the taxable year shall not in5 clude any gain from the sale or exchange of such 

6 property or investment. 

7 ‘‘(4) ONE ELECTION PER PROPERTY.—No elec8 tion may be made under paragraph (1) with respect 

9 to a sale or exchange if an election previously made 

10 with respect to such sale or exchange is in effect. 

11 ‘‘(b) BASIS RULES RELATING TO QUALIFIED GIG12 ABIT OPPORTUNITY ZONE PROPERTY.— 

13 ‘‘(1) REDUCED BY GAIN DEFERRED UNDER

14 SUBSECTION (a)(1).—The basis of a qualified gig15 abit opportunity zone property immediately after its 

16 acquisition under subsection (a) shall be reduced by 

17 the amount of gain deferred by reason of subsection 

18 (a)(1)(A) with respect to such property. 

19 ‘‘(2) INCREASE FOR GAIN RECOGNIZED UNDER

20 SUBSECTION (a)(2).—The basis of qualified gigabit 

21 opportunity zone property shall be increased by the 

22 amount of gain recognized by reason of subsection 

23 (a)(2) with respect to such property. 

24 ‘‘(3) SUBSEQUENT INCREASE IN BASIS FOR

25 PROPERTY HELD FOR AT LEAST 5 YEARS BUT LESS


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1 THAN 10 YEARS.—In the case of qualified gigabit op2 portunity zone property held for at least 5 years but 

3 less than 10 years— 

4 ‘‘(A) PROPERTY HELD FOR 5 YEARS.—For 

5 qualified gigabit opportunity zone property held 

6 for at least 5 years, the basis of such property 

7 shall be increased by an amount equal to 10 

8 percent of the amount of gain deferred by rea9 son of subsection (a)(1)(A) with respect to such 

10 property. 

11 ‘‘(B) PROPERTY HELD FOR 7 YEARS.—For 

12 qualified gigabit opportunity zone property held 

13 for at least 7 years, the basis of such property 

14 shall be increased by an amount equal to 5 per15 cent of the amount of gain deferred by reason 

16 of subsection (a)(1)(A) with respect to such 

17 property. 

18 ‘‘(c) ELIGIBLE TAXPAYER.—For purposes of this sec19 tion, the term ‘eligible taxpayer’ means any taxpayer who 

20 has a trade or business a substantial part of which con21 sists of selling broadband Internet service to commercial 

22 customers, residential customers, or both through one or 

23 a combination of the following technologies: 

24 ‘‘(1) Digital Subscriber Line transmission tech25 nology that transmits data faster over traditional 


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1 copper telephone lines, without regards to the spe2 cific type of Digital Subscriber Line transmission 

3 technology such as Asymmetrical Digital Subscriber 

4 Line, Symmetrical Digital Subscriber Line, High 

5 data rate Digital Subscriber Line, or Very High 

6 data rate Digital Subscriber Line. 

7 ‘‘(2) Cable Modem transmission technology that 

8 enables operators to provide broadband using the 

9 same coaxial cables that deliver pictures and sound 

10 to televisions. 

11 ‘‘(3) Fiber optic transmission technology that 

12 converts electrical signals carrying data to light and 

13 sends the light through transparent glass fibers. 

14 ‘‘(4) Wireless transmission technology that uti15 lizes a radio link between the customer’s location 

16 and the service provider’s facility, whether mobile or 

17 fixed. 

18 ‘‘(5) Satellite transmission technology that pro19 vides broadband links via orbiting satellites. 

20 ‘‘(6) Broadband over powerline transmission 

21 technology that delivers broadband over the existing 

22 low- and medium-voltage electric power distribution 

23 network. 

24 ‘‘(7) Such other technologies as the Secretary, 

25 in consultation with the Federal Communications 


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1 Commission, may designate by rule as a broadband 

2 provider technology. 

3 ‘‘(d) QUALIFIED GIGABIT OPPORTUNITY ZONE

4 PROPERTY.—For purposes of this section: 

5 ‘‘(1) IN GENERAL.—The term ‘qualified gigabit 

6 opportunity zone property’ means property which 

7 is— 

8 ‘‘(A) qualified gigabit opportunity zone 

9 stock, 

10 ‘‘(B) qualified gigabit opportunity zone 

11 partnership interest, 

12 ‘‘(C) qualified gigabit opportunity zone 

13 business property, or 

14 ‘‘(D) an interest in a qualified investment 

15 fund. 

16 ‘‘(2) QUALIFIED GIGABIT OPPORTUNITY ZONE

17 STOCK.— 

18 ‘‘(A) IN GENERAL.—Except as provided in 

19 subparagraph (B), the term ‘qualified gigabit 

20 opportunity zone stock’ means any stock in a 

21 domestic corporation if— 

22 ‘‘(i) such stock is acquired by the tax23 payer after December 31, 2017, at its 

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1 derwriter) from the corporation solely in 

2 exchange for cash, 

3 ‘‘(ii) as of the time such stock was 

4 issued, such corporation was a qualified 

5 gigabit opportunity zone business (or, in 

6 the case of a new corporation, such cor7 poration was being organized for purposes 

8 of being a qualified gigabit opportunity 

9 zone business), and 

10 ‘‘(iii) during substantially all of the 

11 taxpayer’s holding period for such stock, 

12 such corporation qualified as a qualified 

13 gigabit opportunity zone business. 

14 ‘‘(B) REDEMPTIONS.—A rule similar to 

15 the rule of section 1202(c)(3) shall apply for 

16 purposes of this paragraph. 

17 ‘‘(3) QUALIFIED GIGABIT OPPORTUNITY ZONE

18 PARTNERSHIP INTEREST.—The term ‘qualified gig19 abit opportunity zone partnership interest’ means 

20 any capital or profits interest in a domestic partner21 ship if— 

22 ‘‘(A) such interest is acquired by the tax23 payer after December 31, 2017, from the part24 nership solely in exchange for cash, 


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1 ‘‘(B) as of the time such interest was ac2 quired, such partnership was a qualified gigabit 

3 opportunity zone business (or, in the case of a 

4 new partnership, such partnership was being 

5 organized for purposes of being a qualified gig6 abit opportunity zone business), and 

7 ‘‘(C) during substantially all of the tax8 payer’s holding period for such interest, such 

9 partnership qualified as a qualified gigabit op10 portunity zone business. 

11 ‘‘(4) QUALIFIED GIGABIT OPPORTUNITY ZONE

12 BUSINESS PROPERTY.— 

13 ‘‘(A) IN GENERAL.—The term ‘qualified 

14 gigabit opportunity zone business property’ 

15 means tangible property used in a trade or 

16 business of the taxpayer if— 

17 ‘‘(i) such property— 

18 ‘‘(I) is used primarily to provide 

19 broadband transmission services to lo20 cations which do not have such service 

21 that meets the minimum speed re22 quirements required for universal 

23 service support under Phase II of the 

24 Connect America Fund of the Federal 

25 Communications Commission, as set 


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1 forth under subpart D of part 54 of 

2 title 47, Code of Federal Regulations, 

3 and 

4 ‘‘(II) is capable of transmitting 

5 signals at a rate of at least 

6 1,000,000,000 bits per second, 

7 ‘‘(ii) such property was acquired by 

8 the taxpayer by purchase (as defined in 

9 section 179(d)(2)) after December 31, 

10 2017, 

11 ‘‘(iii) the original use of such property 

12 in the qualified gigabit opportunity zone 

13 commences with the taxpayer or the tax14 payer substantially improves the property, 

15 and 

16 ‘‘(iv) during substantially all of the 

17 taxpayer’s holding period for such prop18 erty, substantially all of the use of such 

19 property was in a qualified gigabit oppor20 tunity zone. 

21 ‘‘(B) SPECIAL RULE FOR CERTAIN PROP22 ERTY.—In the case of property which is placed 

23 in service before January 1, 2021, and which is 

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1 graph (A)(i)(II) shall be applied by substituting 

2 ‘150,000,000 bits per second’ for 

3 ‘1,000,000,000 bits per second’. 

4 ‘‘(C) SUBSTANTIAL IMPROVEMENT.—For 

5 purposes of subparagraph (A)(iii), property 

6 shall be treated as substantially improved by 

7 the taxpayer only if, during any 30-month pe8 riod beginning after the date of acquisition of 

9 such property, additions to basis with respect to 

10 such property in the hands of the taxpayer ex11 ceed an amount equal to the adjusted basis of 

12 such property at the beginning of such 30- 

13 month period in the hands of the taxpayer. 

14 ‘‘(D) TREATMENT OF RELATED PAR15 TIES.—For purposes of subparagraph (A)(ii), 

16 the rules of subparagraph (A) of section 

17 179(d)(2) shall be applied using the relation18 ship described in subsection (e)(2) in lieu of the 

19 relationship described in such subparagraph. 

20 ‘‘(5) QUALIFIED GIGABIT OPPORTUNITY

21 FUND.—The term ‘qualified gigabit opportunity 

22 fund’ means any investment vehicle organized as a 

23 corporation or a partnership for the purpose of in24 vesting in qualified gigabit opportunity zone prop25 erty (other than another qualified opportunity fund) 


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1 that holds at least 90 percent of its assets in quali2 fied opportunity zone property, determined— 

3 ‘‘(A) on the last day of the first 6-month 

4 period of the taxable year of the fund, and 

5 ‘‘(B) on the last day of the taxable year of 

6 the fund. 

7 ‘‘(6) QUALIFIED GIGABIT OPPORTUNITY ZONE

8 BUSINESS.— 

9 ‘‘(A) IN GENERAL.—The term ‘qualified 

10 gigabit opportunity zone business’ means a 

11 trade or business— 

12 ‘‘(i) in which substantially all of the 

13 tangible property owned or leased by the 

14 taxpayer is qualified gigabit opportunity 

15 zone business property, 

16 ‘‘(ii) which satisfies the requirements 

17 of paragraphs (2), (4), and (8) of section 

18 1397C(b), and 

19 ‘‘(iii) which is not described in section 

20 144(c)(6)(B). 

21 ‘‘(B) SPECIAL RULE.—For purposes of 

22 subparagraph (A), tangible property that ceases 

23 to be a qualified gigabit opportunity zone busi24 ness property shall continue to be treated as a 


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1 qualified gigabit opportunity zone business 

2 property for the lesser of— 

3 ‘‘(i) 5 years after the date on which 

4 such tangible property ceases to be so 

5 qualified, or 

6 ‘‘(ii) the date on which such tangible 

7 property is no longer held by the qualified 

8 gigabit opportunity zone business. 

9 ‘‘(e) APPLICABLE RULES.— 

10 ‘‘(1) IN GENERAL.—For purposes of this sec11 tion and except as otherwise provided in this section, 

12 rules similar to the rules applicable to deferred like 

13 kind exchanges under section 1031 shall apply ex14 cept that reinvestment in qualified gigabit oppor15 tunity zone property need not require an inter16 mediary party. 

17 ‘‘(2) RELATED PERSONS.—For purposes of this 

18 subsection, persons are related to each other if such 

19 persons are described in section 267(b) or 707(b)(1), 

20 determined by substituting ‘20 percent’ for ‘50 per21 cent’ each place it occurs in such sections. 

22 ‘‘(3) DECEDENTS.—In the case of a decedent, 

23 amounts recognized under this section shall, if not 

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1 dent, be includible in gross income as provided by 

2 section 691. 

3 ‘‘(4) REGULATIONS.—The Secretary shall pre4 scribe such regulations as may be necessary or ap5 propriate to carry out the purposes of this section, 

6 including— 

7 ‘‘(A) rules providing for proportionate in8 clusion in income and increases in basis for 

9 purposes of subsections (a) and (b) in cases in 

10 which a sale or exchange of any qualified gig11 abit opportunity zone property with respect to 

12 which gain is deferred under subsection 

13 (a)(1)(A) is less than all of such property, 

14 ‘‘(B) rules requiring taxpayers to provide 

15 such information as the Secretary determines to 

16 be necessary or appropriate for the identifica17 tion of both the assets sold (including basis and 

18 sale price) and the assets acquired and invest19 ments made, and 

20 ‘‘(C) rules to prevent abuse. 

21 ‘‘SEC. 1400Z–3. IMMEDIATE EXPENSING OF QUALIFIED GIG22 ABIT OPPORTUNITY ZONE BUSINESS PROP23 ERTY. 

24 ‘‘(a) IN GENERAL.—A eligible taxpayer may elect to 

25 treat the cost of any qualified gigabit opportunity zone 


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1 business property (as defined in section 1400Z–2) as an 

2 expense which is not chargeable to capital account. Any 

3 cost so treated shall be allowed as a deduction for the tax4 able year in which the qualified gigabit opportunity zone 

5 business property is placed in service. 

6 ‘‘(b) ELIGIBLE TAXPAYER.—For purposes of this 

7 section, the term ‘eligible taxpayer’ has the same meaning 

8 given to such term under section 1400Z–2(c). 

9 ‘‘(c) EXCEPTION FOR CERTAIN PROPERTY.—For 

10 purposes of this section, the term ‘qualified gigabit oppor11 tunity zone business property’ shall not include any prop12 erty to which section 168(g) applies. 

13 ‘‘(d) ELECTION.—An election under this section shall 

14 be made under rules similar to the rules of section 179(c). 

15 ‘‘(e) COORDINATION WITH SECTION 179.—For pur16 poses of section 179, qualified gigabit opportunity zone 

17 business property shall not be treated as section 179 prop18 erty. 

19 ‘‘(f) APPLICATION OF OTHER RULES.—Rules similar 

20 to the rules of paragraphs (3), (4), (5), (7), (9), and (10) 

21 of section 179(d) shall apply for purposes of this section. 

22 ‘‘(g) TAXPAYER REPORTING.—This section shall not 

23 apply with respect to any taxpayer for any taxable year 

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1 retary to evaluate the effectiveness of the program estab2 lished under this part.’’. 

3 (2) BASIS ADJUSTMENTS.—Section 1016(a) of 

4 such Code is amended by striking ‘‘and’’ at the end 

5 of paragraph (36), by striking the period at the end 

6 of paragraph (37) and inserting ‘‘, and’’, and by in7 serting after paragraph (37) the following: 

8 ‘‘(38) to the extent provided in section 1400Z– 

9 2(b).’’. 

10 (3) CLERICAL AMENDMENT.—The table of sub11 chapters for chapter 1 of such Code is amended by 

12 adding at the end the following new item: 

‘‘SUBCHAPTER Z. GIGABIT OPPORTUNITY ZONES’’. 

13 (4) EFFECTIVE DATE.—The amendments made 

14 by this subsection shall take effect on the date of the 

15 enactment of this Act. 

16 SEC. 3. PRIVATE ACTIVITY BONDS FOR QUALIFIED 

17 BROADBAND PROJECTS. 

18 (a) IN GENERAL.—Section 142(a) of the Internal 

19 Revenue Code of 1986 is amended by striking ‘‘or’’ at the 

20 end of paragraph (14), by striking the period at the end 

21 of paragraph (15) and inserting ‘‘, or’’, and by adding at 

22 the end the following new paragraph: 

23 ‘‘(16) qualified broadband projects.’’. 


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1 (b) QUALIFIED BROADBAND PROJECTS.—Section 

2 142 of such Code is amended by adding at the end the 

3 following new subsection: 

4 ‘‘(n) QUALIFIED BROADBAND PROJECT.— 

5 ‘‘(1) IN GENERAL.—For purposes of subsection 

6 (a)(16), the term ‘qualified broadband project’ 

7 means any project which— 

8 ‘‘(A) is located in a jurisdiction that has 

9 been certified by Secretary, in consultation with 

10 the National Telecommunications and Informa11 tion Administration, as having adopted the Uni12 form Model Broadband Deployment Act pre13 scribed by the Federal Communications Com14 mission pursuant to section 4 of the Gigabit 

15 Opportunity Act, and 

16 ‘‘(B) results in gigabit capable Internet ac17 cess to residential or commercial locations— 

18 ‘‘(i) where a broadband service pro19 vider previously did not provide service, or 

20 ‘‘(ii) which do not have broadband 

21 service which meets the minimum speed re22 quirements required for universal service 

23 support under Phase II of the Connect 

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1 part D of part 54 of title 47, Code of Fed2 eral Regulations.’’. 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply to bonds issued after the date of 

5 the enactment of this Act. 

6 SEC. 4. UNIFORM MODEL BROADBAND ACT. 

7 (a) IN GENERAL.—Not later than 1 year after the 

8 date of the enactment of this Act, the Federal Commu9 nications Commission shall publish a Uniform Model 

10 Broadband Deployment Act containing laws for the State 

11 regulation of the deployment of broadband services. 

12 (b) NO INFERENCE RELATING TO DATA COLLEC13 TION.—Nothing in this Act or the amendments made by 

14 this Act shall be construed to provide additional authority 

15 for the collection of data to the Federal Communications 

16 Commission or the National Telecommunications and In17 formation Administration. 

Æ 


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