II 

116TH CONGRESS 

2D SESSION S. 4291 

To provide appropriations for the deployment of rural broadband, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 23, 2020 

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

to the Committee on Commerce, Science, and Transportation 

A BILL 

To provide appropriations for the deployment of rural 

broadband, and for other purposes. 

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 ‘‘Developing Economic 

5 Prosperity and Linking Our Youth through Broadband 

6 Act’’ or the ‘‘DEPLOY Broadband Act’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act— 

9 (1) the term ‘‘broadband internet access serv10 ice’’ has the meaning given the term in section 


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1 8.1(b) of title 47, Code of Federal Regulations, or 

2 any successor regulation; and 

3 (2) the term ‘‘Commission’’ means the Federal 

4 Communications Commission. 

5 SEC. 3. APPROPRIATIONS FOR DEPLOYMENT OF RURAL 

6 BROADBAND. 

7 (a) IN GENERAL.—There is appropriated, out of 

8 amounts in the Treasury not otherwise appropriated, 

9 $6,500,000,000 to the Commission, to remain available 

10 until expended, for the deployment of broadband-capable 

11 infrastructure in areas that the Commission determines 

12 are unserved with respect to broadband internet access 

13 service. 

14 (b) EMERGENCY DESIGNATION.—The amount made 

15 available by paragraph (1) is designated by Congress as 

16 being for an emergency requirement pursuant to section 

17 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

18 Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)). 

19 SEC. 4. RURAL SET-ASIDE. 

20 (a) IN GENERAL.—Section 309(j)(8) of the Commu21 nications Act of 1934 (47 U.S.C. 309(j)(8)) is amended— 

22 (1) in subparagraph (A), by striking ‘‘and (G)’’ 

23 and inserting ‘‘(G), and (H)’’; 


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1 (2) in subparagraph (G)(iii)(II), in the matter 

2 preceding item (aa), by striking ‘‘All’’ and inserting 

3 ‘‘Except as provided in subparagraph (H), all’’; and 

4 (3) by adding at the end the following: 

5 ‘‘(H) RURAL DIVIDEND.— 

6 ‘‘(i) IN GENERAL.—Notwithstanding 

7 subparagraph (A) and except as provided 

8 in subparagraphs (B), (D), (E), and (F)— 

9 ‘‘(I) the Commission shall allo10 cate not less than 10 percent of the 

11 net proceeds attributable to each sys12 tem of competitive bidding conducted 

13 under this subsection for the deploy14 ment of broadband-capable infrastruc15 ture in areas that the Commission has 

16 determined are underserved or 

17 unserved with respect to broadband 

18 internet access service; and 

19 ‘‘(II) subject to this subsection, 

20 not less than 50 percent of the net 

21 proceeds from each use of a system of 

22 competitive bidding under this para23 graph on and after the date of enact24 ment of this subparagraph shall be 

25 deposited in the general fund of the 


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1 Treasury until the date on which the 

2 aggregate amount of those deposits 

3 equals $6,500,000,000. 

4 ‘‘(ii) LIMITATION.—No amounts allo5 cated under clause (i)(I) may be combined 

6 with amounts that are used to fund any 

7 other program that is in existence on the 

8 date on which the allocation is made, in9 cluding any program established under sec10 tion 254. 

11 ‘‘(iii) RULE OF CONSTRUCTION.— 

12 Nothing under this subparagraph shall be 

13 construed to automatically prohibit or dis14 qualify a provider of broadband internet 

15 access service from receiving funds under 

16 any other program related to broadband 

17 internet access service, including any pro18 gram established under section 254. 

19 ‘‘(iv) DEFINITION.—In this subpara20 graph, the term ‘broadband internet access 

21 service’ has the meaning given such term 

22 in section 8.1(b) of title 47, Code of Fed23 eral Regulations, or any successor regula24 tion.’’. 


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1 (b) PUBLIC SAFETY TRUST FUND.—Section 

2 6413(b)(8) of the Middle Class Tax Relief and Job Cre3 ation Act of 2012 (47 U.S.C. 1457(b)(8)) is amended by 

4 striking ‘‘Any’’ and inserting ‘‘Except as provided in sub5 paragraph (H) of section 309(j)(8) of the Communications 

6 Act of 1934 (47 U.S.C. 309(j)(8)), any’’. 

7 SEC. 5. COORDINATION. 

8 The Commission shall coordinate with the National 

9 Telecommunications and Information Administration and 

10 the Rural Utilities Service to avoid overbuilding of 

11 broadband internet access service in areas assisted under 

12 this Act and the amendments made by this Act. 

Æ 


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