II 

116TH CONGRESS 

2D SESSION S. 4113 

To amend the Communications Act of 1934 to provide grants to States 

and Indian Tribes to deploy affordable, high-speed broadband to unserved 

and underserved areas. 

IN THE SENATE OF THE UNITED STATES 

JUNE 30, 2020 

Mr. BENNET introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To amend the Communications Act of 1934 to provide grants 

to States and Indian Tribes to deploy affordable, highspeed broadband to unserved and underserved areas. 

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 ‘‘Broadband Reform 

5 and Investment to Drive Growth in the Economy Act of 

6 2020’’ or ‘‘BRIDGE Act’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds the following: 


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1 (1) Access to affordable, reliable broadband is 

2 essential to full participation in modern life in the 

3 United States. 

4 (2) The persistent ‘‘digital divide’’ in the 

5 United States is a barrier to the economic competi6 tiveness of the United States and equitable distribu7 tion of essential public services, including health care 

8 and education. 

9 (3) In many communities across the country, 

10 increased competition among broadband providers 

11 has the potential to offer consumers more afford12 able, high-quality options for broadband service. 

13 (4) The digital divide disproportionately affects 

14 communities of color, lower-income areas, and rural 

15 areas. 

16 SEC. 3. GRANTS FOR STATE BROADBAND DEPLOYMENT. 

17 Title I of the Communications Act of 1934 (47 

18 U.S.C. 151 et seq.) is amended by adding at the end the 

19 following: 

20 ‘‘SEC. 14. GRANTS FOR STATE BROADBAND DEPLOYMENT. 

21 ‘‘(a) DEFINITIONS.— 

22 ‘‘(1) AREAS LACKING BROADBAND ACCESS.—In 

23 this section— 

24 ‘‘(A) the term ‘unserved area’ means an 

25 area— 


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1 ‘‘(i) in which broadband service at a 

2 speed of not less than 25 megabits per sec3 ond for downloads and 3 megabits per sec4 ond for uploads is not available; or 

5 ‘‘(ii) that is served by only 1 

6 broadband service provider; 

7 ‘‘(B) the term ‘underserved area’ means an 

8 area, other than an unserved area, in which 

9 broadband service at a speed of not less than 

10 100 megabits per second for downloads and 

11 100 megabits per second for uploads is not 

12 available; 

13 ‘‘(C) the term ‘other qualifying area’ 

14 means an area, other than an unserved area or 

15 underserved area, in which gigabit-level 

16 broadband service is not available; and 

17 ‘‘(D) the term ‘eligible area’ means an 

18 unserved area, underserved area, or other quali19 fying area. 

20 ‘‘(2) OTHER DEFINITIONS.—In this section— 

21 ‘‘(A) the term ‘community anchor institu22 tion’ means an entity such as a school, library, 

23 hospital or other medical provider, public safety 

24 entity, institution of higher education, or com25 munity support organization that facilitates 


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1 greater use of broadband service by vulnerable 

2 populations, including low-income individuals, 

3 unemployed individuals, and aged individuals; 

4 ‘‘(B) the term ‘gigabit-level broadband 

5 service’ means broadband service with a speed 

6 of not less than 1 gigabit per second for 

7 downloads and 1 gigabit per second for uploads; 

8 and 

9 ‘‘(C) the term ‘Indian Tribe’ has the mean10 ing given the term ‘Indian tribe’ in section 4 of 

11 the Indian Self-Determination and Education 

12 Assistance Act (25 U.S.C. 5304). 

13 ‘‘(b) GRANT AUTHORITY.—The Commission shall 

14 award grants to States and Indian Tribes for use in de15 ploying broadband to certain areas in accordance with 

16 subsection (e). 

17 ‘‘(c) FORMULA.— 

18 ‘‘(1) IN GENERAL.—Of the amounts made 

19 available for grants under this section, the Commis20 sion shall allocate— 

21 ‘‘(A) $30,000,000,000 to States, of 

22 which— 

23 ‘‘(i) $15,000,000,000 shall be allo24 cated based on the proportion that the 


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1 population of each State bears to the popu2 lation of all States; 

3 ‘‘(ii) $7,500,000,000 shall be allocated 

4 based on the proportion that the number 

5 of individuals living in rural areas in each 

6 State, as determined by the Bureau of the 

7 Census, bears to the number of individuals 

8 living in rural area in all States, as deter9 mined by the Bureau of the Census; and 

10 ‘‘(iii) $7,500,000,000 shall be allo11 cated based on the proportion that the 

12 number of individuals with a household in13 come that is below 150 percent of the Fed14 eral poverty level in each State bears to 

15 the number of individuals with a household 

16 income that is below 150 percent of the 

17 Federal poverty level in all States; and 

18 ‘‘(B) $1,000,000,000 to Indian Tribes 

19 based on the proportion that the population of 

20 each Indian Tribe bears to the population of all 

21 Indian Tribes. 

22 ‘‘(2) POPULATION DETERMINATION.—For pur23 poses of paragraph (1), the population of— 

24 ‘‘(A) a State or a category of residents of 

25 a State shall be determined based on the most 


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1 recent year for which data are available from 

2 the Bureau of the Census; and 

3 ‘‘(B) an Indian Tribe shall be determined 

4 based on data certified by the Tribal govern5 ment. 

6 ‘‘(d) ADMINISTRATIVE EXPENSES.— A State or In7 dian Tribe may use not more than 2 percent of grant 

8 amounts received under this section for expenses relating 

9 to administration of the grant or the use of a competitive 

10 bidding mechanism under subsection (g)(1). 

11 ‘‘(e) USE OF FUNDS.—A State or Indian Tribe may 

12 use grant amounts received under this section to award 

13 subgrants for the deployment of broadband networks— 

14 ‘‘(1) to unserved areas; 

15 ‘‘(2) to underserved areas; 

16 ‘‘(3) if the State or the territory under the ju17 risdiction of the Indian Tribe, as applicable, does not 

18 contain any unserved areas or underserved areas, to 

19 other qualifying areas; or 

20 ‘‘(4) to community anchor institutions that lack 

21 access to gigabit-level broadband service. 

22 ‘‘(f) IDENTIFICATION OF ELIGIBLE AREAS.— 

23 ‘‘(1) INITIAL IDENTIFICATION.— 

24 ‘‘(A) IN GENERAL.—Before beginning a 

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1 section (g)(1), a State or Indian Tribe shall 

2 identify each area in the State or the territory 

3 under the jurisdiction of the Indian Tribe, as 

4 applicable, that is— 

5 ‘‘(i) an unserved area; 

6 ‘‘(ii) an underserved area; or 

7 ‘‘(iii) an other qualifying area; 

8 ‘‘(B) USE OF BROADBAND MAP.— 

9 ‘‘(i) IN GENERAL.—Except as pro10 vided in clause (ii), a State or Indian Tribe 

11 shall carry out subparagraph (A) using the 

12 map created by the Commission under sec13 tion 802(c)(1)(A). 

14 ‘‘(ii) TRANSITION RULE.—During the 

15 period before the Commission creates the 

16 map under section 802(c)(1)(A), a State or 

17 Indian Tribe, for purposes of subpara18 graph (A)— 

19 ‘‘(I) shall determine whether an 

20 area is an unserved area, underserved 

21 area, or other qualifying area in con22 sultation with each community in the 

23 area; and 


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1 ‘‘(II) may use the broadband 

2 map of the Commission that is then in 

3 effect. 

4 ‘‘(2) CHALLENGE PROCESS.—A State or Indian 

5 Tribe shall— 

6 ‘‘(A) provide public notice of the classifica7 tion of each area identified under paragraph 

8 (1)(A); 

9 ‘‘(B) provide local governments and other 

10 broadband service providers the opportunity to 

11 challenge— 

12 ‘‘(i) the classification of an area iden13 tified under paragraph (1)(A); or 

14 ‘‘(ii) the failure of the State or Indian 

15 Tribe to classify a particular area as an el16 igible area under paragraph (1)(A); and 

17 ‘‘(C) not later than 90 days after a chal18 lenge is made under subparagraph (B), conduct 

19 a transparent and evidence-based process to re20 solve the challenge. 

21 ‘‘(3) FINAL IDENTIFICATION; NOTIFICATION OF

22 FUNDING ELIGIBILITY.—After resolving each chal23 lenge under paragraph (2), and not later than 30 

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1 anism under subsection (g)(1), a State or Indian 

2 Tribe shall— 

3 ‘‘(A) provide public notice of the final clas4 sification of each eligible area in the State or 

5 the territory under the jurisdiction of the In6 dian Tribe, as applicable; and 

7 ‘‘(B) make a good faith effort to notify 

8 each community within, and each relevant pri9 vate entity for, each eligible area in the State 

10 or the territory under the jurisdiction of the In11 dian Tribe, as applicable, about the opportunity 

12 to compete for funding through the competitive 

13 bidding mechanism. 

14 ‘‘(g) SUBGRANTS.— 

15 ‘‘(1) COMPETITIVE BIDDING.—A State or In16 dian Tribe, in awarding subgrants for the deploy17 ment of a broadband network using grant amounts 

18 received under this section, as authorized under sub19 section (e)— 

20 ‘‘(A) shall use a competitive bidding mech21 anism that— 

22 ‘‘(i) does not exclude cooperatives, 

23 nonprofit organizations, public-private 

24 partnerships, tribally owned entities, or 

25 local governments; and 


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1 ‘‘(ii) consists of up to 3 rounds of bid2 ding, under which— 

3 ‘‘(I) the first round shall provide 

4 funds for broadband deployment to 

5 unserved areas; 

6 ‘‘(II) the second round shall pro7 vide funds (if still available) for 

8 broadband deployment to underserved 

9 areas; 

10 ‘‘(III) the third round shall pro11 vide funds (if still available) for 

12 broadband deployment to other quali13 fying areas; and 

14 ‘‘(IV) each round shall consist of 

15 2 stages— 

16 ‘‘(aa) the first of which shall 

17 be open only to broadband serv18 ice providers committing to offer 

19 at least gigabit-level broadband 

20 service; and 

21 ‘‘(bb) the second of which 

22 shall be open to any broadband 

23 service provider that did not re24 ceive funding during the first 

25 stage; 


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1 ‘‘(B) during each stage of the competitive 

2 bidding mechanism under subparagraph (A), 

3 shall give priority to an entity that— 

4 ‘‘(i) will provide not less than 1 tier of 

5 broadband service at a faster speed than 

6 the minimum speed required for that 

7 stage; 

8 ‘‘(ii) will— 

9 ‘‘(I) begin construction of the 

10 broadband network not later than 180 

11 days after being awarded the 

12 subgrant; and 

13 ‘‘(II) deploy the broadband net14 work and begin providing broadband 

15 service to each customer that desires 

16 broadband service by a date that is 

17 earlier than the deadline under para18 graph (2)(B); or 

19 ‘‘(iii) in the case of a subgrant award20 ed by a State, has a letter of endorsement 

21 for the project from the local government 

22 for each community that the project will 

23 serve; and 

24 ‘‘(C) during the first stage of any round of 

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1 paragraph (A), may award a subgrant to an en2 tity to deploy a broadband network to a com3 munity anchor institution located in the type of 

4 area that is eligible for funding in that round. 

5 ‘‘(2) DEPLOYMENT AND PROVISION OF SERVICE

6 REQUIREMENTS.—An entity that deploys a 

7 broadband network using a subgrant awarded under 

8 paragraph (1), as authorized under subsection (e), 

9 shall— 

10 ‘‘(A) in providing broadband service using 

11 the network— 

12 ‘‘(i) provide broadband service— 

13 ‘‘(I) at a speed of not less than— 

14 ‘‘(aa) except as provided in 

15 item (bb), 100 megabits per sec16 ond for downloads and 100 

17 megabits per second for uploads; 

18 or 

19 ‘‘(bb) 1 gigabit per second 

20 for downloads and 1 gigabit per 

21 second for uploads in the case of 

22 a subgrant awarded during the 

23 first stage of any round of com24 petitive bidding under paragraph 

25 (1), including such a subgrant 


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1 awarded for the deployment of a 

2 broadband network to a commu3 nity anchor institution; and 

4 ‘‘(II) with a latency that is suffi5 ciently low to allow real-time, inter6 active applications; 

7 ‘‘(ii) provide access to broadband serv8 ice to each customer, in the area to which 

9 the subgrant applies, that— 

10 ‘‘(I) lacks broadband service with 

11 a speed of— 

12 ‘‘(aa) not less than 25 

13 megabits per second for 

14 downloads and 3 megabits per 

15 second for uploads, in the case of 

16 an unserved area; 

17 ‘‘(bb) not less than 100 

18 megabits per second for 

19 downloads and 100 megabits per 

20 second for uploads, in the case of 

21 an underserved area; or 

22 ‘‘(cc) not less than 1 gigabit 

23 per second for downloads and 1 

24 gigabit per second for uploads, in 


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1 the case of an other qualifying 

2 area; and 

3 ‘‘(II) desires broadband service; 

4 and 

5 ‘‘(iii) to an eligible area, offer not less 

6 than 1 discount subscription option for 

7 customers whose family is in poverty (as 

8 determined by the Bureau of the Census) 

9 that— 

10 ‘‘(I) consists of— 

11 ‘‘(aa) prepaid service; or 

12 ‘‘(bb) service at a monthly 

13 rate that, when calculated for a 

14 year, is not more than 1.5 per15 cent of the lesser of— 

16 ‘‘(AA) the annual me17 dian household income for 

18 the county in which the cus19 tomer is located (as deter20 mined by the Bureau of the 

21 Census); or 

22 ‘‘(BB) the annual me23 dian household income for 

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1 mined by the Bureau of the 

2 Census); and 

3 ‘‘(II) does not include data caps; 

4 ‘‘(B) deploy the broadband network and 

5 begin providing broadband service to each cus6 tomer that desires broadband service— 

7 ‘‘(i) except as provided in clause (ii), 

8 not later than 2 years after the date on 

9 which the entity receives the subgrant; or 

10 ‘‘(ii) in the case of— 

11 ‘‘(I) a subgrant awarded by an 

12 Indian Tribe, if exigencies require ad13 ditional time, by a date specified by 

14 the Indian Tribe that is later than the 

15 date required under clause (i), which 

16 may not be later than 5 years after 

17 the date on which the entity receives 

18 the subgrant; or 

19 ‘‘(II) a subgrant awarded by a 

20 State, if a delay in receiving a Fed21 eral, State, or local permit that is out22 side the control of the entity makes 

23 compliance with the deadline under 

24 clause (i) impossible, by a date speci25 fied by the State that is later than the 


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1 date required under clause (i), which 

2 may not be later than 4 years after 

3 the date on which the entity receives 

4 the subgrant; 

5 ‘‘(C) if laying fiber along a roadway, in6 clude interspersed conduit access points at reg7 ular intervals; and 

8 ‘‘(D) if the entity is no longer able to pro9 vide broadband service to the area covered by 

10 the subgrant at any time, sell the network ca11 pacity at a reasonable, wholesale rate to 1 or 

12 more broadband service providers or public sec13 tor entities. 

14 ‘‘(3) REPORTING MECHANISM.—A State or In15 dian Tribe that awards a subgrant for the deploy16 ment of a broadband network under paragraph (1) 

17 shall establish and publicize a mechanism through 

18 which a resident of an area in which a broadband 

19 network was deployed using the subgrant may report 

20 that the resident does not have access to broadband 

21 service from the broadband network. 

22 ‘‘(4) RETURN OF FUNDS.—An entity that re23 ceives a subgrant from a State or Indian Tribe 

24 under paragraph (1) and fails to comply with any 

25 requirement under this subsection shall return the 


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1 entire amount of the subgrant to the State or Indian 

2 Tribe. 

3 ‘‘(5) REASONABLE PERMITTING FEES.—If an 

4 entity that receives a subgrant under paragraph (1) 

5 requires access to a right-of-way from a State or 

6 local government in order to deploy the broadband 

7 network, the State or local government may only 

8 charge the entity a reasonable fee in an amount that 

9 is consistent with the amount of the fee that the 

10 State or local government charges for utility per11 mits. 

12 ‘‘(6) ADDITIONAL STATE OR TRIBAL REQUIRE13 MENTS.— 

14 ‘‘(A) IN GENERAL.—Subject to subpara15 graph (B), nothing in this subsection shall be 

16 construed to prohibit a State or Indian Tribe 

17 from imposing additional requirements relating 

18 to the use of a subgrant awarded under para19 graph (1), including by increasing the minimum 

20 speed of broadband service that must be pro21 vided, if the requirements or conditions do not 

22 conflict with this subsection. 

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1 work is deployed using a subgrant awarded 

2 under paragraph (1) to provide matching funds 

3 if the median household income of the commu4 nity is not more than 75 percent of the median 

5 household income of the State or Indian Tribe, 

6 as applicable. 

7 ‘‘(h) RELATION TO OTHER PUBLIC FUNDING FOR

8 BROADBAND DEPLOYMENT.—Notwithstanding any other 

9 provision of law— 

10 ‘‘(1) an entity that has received amounts from 

11 the Federal Government or a State or local govern12 ment for the deployment of a broadband network in 

13 an unserved area may receive a subgrant under sub14 section (g)(1) to deploy a broadband network in that 

15 unserved area in accordance with this section; and 

16 ‘‘(2) the receipt of a subgrant under subsection 

17 (g)(1) by an entity described in paragraph (1) of 

18 this subsection shall not affect the eligibility of the 

19 entity to receive the amounts from the Federal Gov20 ernment or a State or local government described in 

21 such paragraph (1). 

22 ‘‘(i) SUPPLEMENT NOT SUPPLANT.—Grant amounts 

23 awarded to a State or Indian Tribe under this section shall 

24 be used to supplement, and not supplant, the amounts 

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1 able for the purposes for which the grant amounts may 

2 be used. 

3 ‘‘(j) SENSE OF CONGRESS REGARDING FEDERAL

4 AGENCY COORDINATION.—It is the sense of Congress that 

5 Federal agencies responsible for supporting broadband de6 ployment, including the Commission, the Department of 

7 Commerce, and the Department of Agriculture, to the ex8 tent possible, should align the goals, application and re9 porting processes, and project requirements with respect 

10 to broadband deployment supported by those agencies. 

11 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to the Commission to 

13 carry out this section $31,000,000,000 for fiscal year 

14 2020, to remain available through fiscal year 2029. 

15 ‘‘SEC. 15. PREEMPTION OF STATE AND LOCAL RESTRIC16 TIONS ON MUNICIPAL BROADBAND. 

17 ‘‘(a) DEFINITIONS.—In this section— 

18 ‘‘(1) the term ‘advanced telecommunications ca19 pability’ has the meaning given the term in section 

20 706(d) of the Telecommunications Act of 1996 (47 

21 U.S.C. 1302(d)); 

22 ‘‘(2) the term ‘advanced telecommunications ca23 pability or services’ means— 

24 ‘‘(A) advanced telecommunications capa25 bility; or 


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1 ‘‘(B) services using advanced telecommuni2 cations capability; 

3 ‘‘(3) the term ‘Indian Tribe’ has the meaning 

4 given the term ‘Indian tribe’ in section 4 of the In5 dian Self-Determination and Education Assistance 

6 Act (25 U.S.C. 5304); 

7 ‘‘(4) the term ‘public provider’ means— 

8 ‘‘(A) a State or political subdivision there9 of; 

10 ‘‘(B) any agency, authority, or instrumen11 tality of a State or political subdivision thereof, 

12 including an intergovernmental agency, author13 ity, or instrumentality; 

14 ‘‘(C) an Indian Tribe; or 

15 ‘‘(D) any entity that is owned by, con16 trolled by, or otherwise affiliated with— 

17 ‘‘(i) a State or political subdivision 

18 thereof; 

19 ‘‘(ii) an agency, authority, or instru20 mentality of a State or political subdivision 

21 thereof, including an intergovernmental 

22 agency, authority, or instrumentality; or 

23 ‘‘(iii) an Indian Tribe. 

24 ‘‘(b) PREEMPTION.—No statute, regulation, or other 

25 legal requirement of a State or political subdivision thereof 


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1 may prohibit, or have the effect of prohibiting or substan2 tially inhibiting, any public provider from— 

3 ‘‘(1) providing telecommunications services or 

4 advanced telecommunications capability or services 

5 to any person or any public or private entity; or 

6 ‘‘(2) deploying a network and infrastructure 

7 used to provide services, or capability and services, 

8 described in paragraph (1).’’. 

9 SEC. 4. IMPLEMENTATION OF BROADBAND DATA ACT. 

10 (a) FUNDING.— 

11 (1) IN GENERAL.—There is appropriated, out 

12 of amounts in the Treasury not otherwise appro13 priated, to the Federal Communications Commission 

14 $24,000,000, to remain available until September 

15 30, 2021, for implementing title VIII of the Commu16 nications Act of 1934 (47 U.S.C. 641 et seq.), as 

17 added by the Broadband DATA Act (Public Law 

18 116–130). 

19 (2) EMERGENCY DESIGNATION.— 

20 (A) IN GENERAL.—The amounts provided 

21 by this subsection are designated as an emer22 gency requirement pursuant to section 4(g) of 

23 the Statutory Pay-As-You-Go Act of 2010 (2 

24 U.S.C. 933(g)). 


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1 (B) DESIGNATION IN SENATE.—In the 

2 Senate, this section is designated as an emer3 gency requirement pursuant to section 4112(a) 

4 of H. Con. Res. 71 (115th Congress), the con5 current resolution on the budget for fiscal year 

6 2018. 

7 (b) DEADLINE FOR CREATION OF MAPS.—Section 

8 802(c)(1) of the Communications Act of 1934 (47 U.S.C. 

9 642(c)(1)) is amended by striking ‘‘create’’ and inserting 

10 ‘‘create, not later than 1 year after the date of enactment 

11 of the Broadband Reform and Investment to Drive 

12 Growth in the Economy Act of 2020,’’. 

Æ 


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