II 

116TH CONGRESS 

2D SESSION S. 4789 

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

for extending broadband service to unserved areas in partnership with 

broadband service providers, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 1, 2020 

Mr. CORNYN (for himself and Mr. MANCHIN) 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 funding to States for extending broadband service to unserved 

areas in partnership with broadband service providers, 

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 ‘‘Eliminate the Digital 

5 Divide Act of 2020’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 4789 IS

1 SEC. 2. EXPANSION OF BROADBAND ACCESS IN UNSERVED 

2 AREAS. 

3 (a) IN GENERAL.—The Communications Act of 1934 

4 (47 U.S.C. 151 et seq.) is amended— 

5 (1) in title I (47 U.S.C. 151 et seq.), by adding 

6 at the end the following: 

7 ‘‘SEC. 14. EXPANSION AND ADOPTION OF BROADBAND 

8 SERVICE THROUGH STATE FUNDING. 

9 ‘‘(a) DEFINITIONS.—In this section: 

10 ‘‘(1) BROADBAND FUNDING PARTNER.—The 

11 term ‘broadband funding partner’ means an eligible 

12 entity that receives funding for a project under this 

13 section. 

14 ‘‘(2) BROADBAND SERVICE.—The term 

15 ‘broadband service’— 

16 ‘‘(A) means a mass-market retail service 

17 by wire or radio that provides the capability to 

18 transmit data to and receive data from all or 

19 substantially all internet endpoints, including 

20 any capabilities that are incidental to and en21 able the operation of the communications serv22 ice; 

23 ‘‘(B) includes any service that is a func24 tional equivalent of the service described in sub25 paragraph (A); and 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 4789 IS

1 ‘‘(C) does not include dial-up internet ac2 cess service. 

3 ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en4 tity’ means a private provider of broadband service, 

5 or a public-private partnership or cooperative (in6 cluding a subsidiary of a cooperative) that provides 

7 broadband service, that has submitted to the Com8 mission, in addition to any data required to be sub9 mitted under section 802, data regarding the service 

10 option described in subsection (f)(2) that the entity 

11 would offer if the entity were to receive funding 

12 under this section. 

13 ‘‘(4) HIGH COST AREA.—The term ‘high cost 

14 area’ means an area in which the cost of building 

15 out broadband service is higher, as compared with 

16 the average such cost in the United States (and as 

17 determined by the Commission), because of— 

18 ‘‘(A) the remote location of the area; 

19 ‘‘(B) the scarcity of services in the area; 

20 ‘‘(C) the unique topography of the area; 

21 ‘‘(D) a high rate of poverty in the area; or 

22 ‘‘(E) any other factor that contributes to 

23 the cost of building out that service. 

24 ‘‘(5) LOCATION.—The term ‘location’ has the 

25 meaning given the term by the Commission under 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 4789 IS

1 rules and guidance that are in effect, as of the date 

2 of enactment of this section. 

3 ‘‘(6) PROJECT.—The term ‘project’ means an 

4 undertaking by a broadband funding partner under 

5 this section to construct and deploy infrastructure 

6 for the provision of broadband service. 

7 ‘‘(7) UNSERVED AREA.—The term ‘unserved 

8 area’ means an area that, as determined in accord9 ance with the maps created under section 

10 802(c)(1)— 

11 ‘‘(A) has no access to broadband service; 

12 or 

13 ‘‘(B) does not have access to broadband 

14 service offered— 

15 ‘‘(i) with a download speed of at least 

16 25 megabits per second; and 

17 ‘‘(ii) with an upload speed of at least 

18 3 megabits per second. 

19 ‘‘(b) PROGRAM ESTABLISHED.— 

20 ‘‘(1) IN GENERAL.—Not later than 100 days 

21 after the date of enactment of this section, the Com22 mission shall establish a program for States to ex23 pand access to broadband service in unserved areas. 

24 ‘‘(2) RELATIONSHIP TO UNIVERSAL SERVICE.— 

25 The program established under paragraph (1) shall 


kjohnson on DSK79L0C42PROD with BILLS
5 

•S 4789 IS

1 be separate from any universal service program es2 tablished under section 254. 

3 ‘‘(c) STATE PROGRAM REQUIREMENTS.—A State 

4 seeking funding under the program established under sub5 section (b) shall create a program that— 

6 ‘‘(1) implements the requirements of this sec7 tion; 

8 ‘‘(2) does not favor the use of any particular 

9 technology or any particular eligible entity; 

10 ‘‘(3) encourages small broadband providers to 

11 participate in the program through streamlined reg12 ulatory requirements for all broadband funding part13 ners; 

14 ‘‘(4) takes into account— 

15 ‘‘(A) the size and scope of each unserved 

16 area, and the number of locations, proposed to 

17 be served by each project carried out using the 

18 funds; and 

19 ‘‘(B) the speed of the broadband service 

20 provided by eligible entities seeking funding for 

21 projects under the program; 

22 ‘‘(5) may take into account— 

23 ‘‘(A) the size and proportion of the match24 ing funds proposed to be committed by the eli25 gible entities seeking funding for projects under 


kjohnson on DSK79L0C42PROD with BILLS
6 

•S 4789 IS

1 the program, which may not be provided from 

2 any funds derived from government grants, 

3 loans, or subsidies; 

4 ‘‘(B) the speed with which the eligible enti5 ties seeking funding for projects under the pro6 gram can complete the proposed deployment 

7 and provision of broadband service to house8 holds under those projects; and 

9 ‘‘(C) whether an eligible entity seeking 

10 funding for a project under the program has 

11 the ability to leverage nearby or adjacent 

12 broadband service provided by the eligible entity 

13 to facilitate the deployment and provision of 

14 broadband service proposed under that project; 

15 ‘‘(6) establishes— 

16 ‘‘(A) periodic buildout milestones, report17 ing requirements, and certification by 

18 broadband funding partners; and 

19 ‘‘(B) a maximum buildout timeframe for a 

20 broadband funding partner of 3 years, begin21 ning on the date on which funding is provided 

22 to the broadband funding partner to undertake 

23 a project, except that the State may extend that 

24 timeframe if the broadband funding partner esVerDate Sep 11 2014 00:33 Oct 18, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4789.IS S4789

kjohnson on DSK79L0C42PROD with BILLS
7 

•S 4789 IS

1 tablishes that the failure to complete the project 

2 within that timeframe is due to— 

3 ‘‘(i) delays by third parties in pro4 viding necessary permits, approvals, or ac5 cess to (or construction of) poles; or 

6 ‘‘(ii) a State or federally declared dis7 aster; 

8 ‘‘(7) contains sufficient notice, transparency, 

9 accountability, and oversight measures to— 

10 ‘‘(A) provide the public and broadband 

11 funding partners with notice of the funding pro12 vided under this section; and 

13 ‘‘(B) deter waste, fraud, and abuse of pro14 gram funds; 

15 ‘‘(8) establishes procedures for the recovery of 

16 funds, in whole or in part, from a broadband fund17 ing partner if the broadband funding partner— 

18 ‘‘(A) defaults or fails to comply with the 

19 buildout requirements established for the 

20 project with respect to which the funding re21 lates; and 

22 ‘‘(B) has not received an extension under 

23 paragraph (6)(B); 

24 ‘‘(9) establishes procedures for broadband fund25 ing partners to receive expedited approval for all 


kjohnson on DSK79L0C42PROD with BILLS
8 

•S 4789 IS

1 necessary access to (or construction of) poles, State 

2 and local rights-of-way permits, or other approvals 

3 in the areas of the State served by projects under 

4 the program; 

5 ‘‘(10) provides that broadband funding partners 

6 are not required to be designated as eligible tele7 communications carriers under section 214(e); 

8 ‘‘(11) provides that an eligible entity shall grant 

9 access to poles, ducts, conduits, and rights-of-way 

10 that the eligible entity owns or controls within the 

11 State at rates, terms, and conditions regulated by 

12 the Commission under, or the State consistent with, 

13 section 224, without regard to whether that section 

14 otherwise applies with respect to those items; and 

15 ‘‘(12) except as otherwise explicitly provided in 

16 this section, does not require, or include consider17 ation of, the imposition of any new or additional reg18 ulatory obligations on broadband funding partners 

19 beyond those required under applicable law. 

20 ‘‘(d) DISTRIBUTION OF FUNDS TO STATES.— 

21 ‘‘(1) COMMISSION DISTRIBUTIONS.— 

22 ‘‘(A) IN GENERAL.—Not later than 200 

23 days after the date of enactment of this section, 

24 the Commission, under the program established 

25 under subsection (b), and in accordance with 


kjohnson on DSK79L0C42PROD with BILLS
9 

•S 4789 IS

1 the requirements of this section, shall, with re2 spect to the amounts made available to carry 

3 out this section— 

4 ‘‘(i) reserve 10 percent of those 

5 amounts for distributions under subpara6 graph (B) to States that have established 

7 programs under subsection (c); and 

8 ‘‘(ii) of the amounts not reserved 

9 under clause (i), make distributions under 

10 paragraph (2) to States that have estab11 lished programs under subsection (c). 

12 ‘‘(B) DISTRIBUTIONS FOR HIGH COST

13 AREAS.—The amount of a distribution to a 

14 State under this subparagraph shall be cal15 culated as follows: 

16 ‘‘(i) Divide the number of high cost 

17 areas in the State by the total number of 

18 high cost areas in the United States. 

19 ‘‘(ii) Multiply the quotient obtained 

20 under clause (i) by the total amount re21 served under subparagraph (A)(i). 

22 ‘‘(2) AMOUNT OF DISTRIBUTIONS FOR PROJECT

23 AWARDS.—The amount of a distribution to a State 

24 under paragraph (1) shall be calculated as follows: 


kjohnson on DSK79L0C42PROD with BILLS
10 

•S 4789 IS

1 ‘‘(A) Divide the number of individuals liv2 ing in unserved areas in the State by the total 

3 number of individuals living in unserved areas 

4 in the United States, as determined in accord5 ance with the maps created under section 

6 802(c)(1). 

7 ‘‘(B) Multiply the quotient obtained under 

8 subparagraph (A) of this paragraph by the 

9 amount described in paragraph (1)(A)(ii). 

10 ‘‘(3) STATE ENTITLEMENT.—With respect to a 

11 State that has established a program under sub12 section (c), the State shall receive a distribution 

13 under both of paragraphs (1)(B) and (2) of this sub14 section. 

15 ‘‘(e) STATE USE OF PROGRAM FUNDS.— 

16 ‘‘(1) IN GENERAL.—Not later than 120 days 

17 after the date on which a State receives funds under 

18 subsection (d), and subject to paragraph (2), the 

19 State shall make awards to eligible entities through 

20 the program established by the State under sub21 section (c). 

22 ‘‘(2) FUNDS USED SOLELY FOR UNSERVED

23 AREAS.—A State to which funds are distributed 

24 under subsection (d)— 

25 ‘‘(A) may not— 


kjohnson on DSK79L0C42PROD with BILLS
11 

•S 4789 IS

1 ‘‘(i) use any portion of those funds for 

2 a project in any area that is not an 

3 unserved area; or 

4 ‘‘(ii) use more than 5 percent of those 

5 funds to administer the program estab6 lished by the State under subsection (c); 

7 and 

8 ‘‘(B) shall— 

9 ‘‘(i) before making any awards de10 scribed in paragraph (1), consult the maps 

11 created under section 802(c)(1), as up12 dated through the resolution of any chal13 lenges brought under section 802(b)(5), to 

14 create a list of areas within the State that 

15 are unserved areas, which the State shall 

16 make publicly available; 

17 ‘‘(ii) from the list created under 

18 clause (i), remove any area in the State 

19 that— 

20 ‘‘(I) has been awarded funding in 

21 the Rural Digital Opportunity Fund 

22 Phase I auction provided for in the 

23 Report and Order in the matter of 

24 Rural Digital Opportunity Fund and 

25 Connect America Fund adopted by 


kjohnson on DSK79L0C42PROD with BILLS
12 

•S 4789 IS

1 the Commission on January 30, 2020 

2 (FCC 20–5); 

3 ‘‘(II) has been awarded funding 

4 through any Rural Utilities Service 

5 broadband funding program with a 

6 minimum speed commitment of 25 

7 megabits per second for downloads 

8 and 3 megabits per second for 

9 uploads; 

10 ‘‘(III) has been awarded funding 

11 through any existing program estab12 lished by the State with minimum 

13 speed commitments described in sub14 clause (II); or 

15 ‘‘(IV) is the subject of an en16 forceable commitment by a broadband 

17 provider to serve the area with min18 imum speed commitments described in 

19 subclause (II), even if, in any such 

20 areas, the service is not yet available, 

21 provided that the broadband provider 

22 is meeting any applicable build-out 

23 deadlines; 

24 ‘‘(iii) establish a streamlined process 

25 that allows a broadband service provider, 


kjohnson on DSK79L0C42PROD with BILLS
13 

•S 4789 IS

1 the State, or a unit of local government 

2 within the State not less than 30 days 

3 after the date on which the list created 

4 under clause (i), as updated under clause 

5 (ii), is made publicly available to bring a 

6 challenge regarding whether an area on 

7 that final list is an unserved area; 

8 ‘‘(iv) provide a written notice regard9 ing how each challenge brought under 

10 clause (iii) was decided, including the rea11 sons for that decision; 

12 ‘‘(v) update the list created under 

13 clause (i) to reflect the results of chal14 lenges brought under clause (iii); 

15 ‘‘(vi) not later than 10 years after the 

16 date of enactment of this section, return 

17 any unused portion of those funds to the 

18 Commission; and 

19 ‘‘(vii) not later than 2 years after the 

20 date on which the funds are distributed to 

21 the State, and biennially thereafter, submit 

22 to the Commission a report— 

23 ‘‘(I) regarding how the State 

24 spent those funds during the period 

25 covered by the report, which shall inVerDate Sep 11 2014 00:33 Oct 18, 2020 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S4789.IS S4789

kjohnson on DSK79L0C42PROD with BILLS
14 

•S 4789 IS

1 clude a description of each award 

2 made with those funds; and 

3 ‘‘(II) that contains a certification 

4 that the State has complied with the 

5 requirements of this section during 

6 the period covered by the report. 

7 ‘‘(f) PROJECT REQUIREMENTS.—Any project funded 

8 through the program established under subsection (b) 

9 shall— 

10 ‘‘(1) adhere to the same quality-of-service 

11 standards established by the Commission with re12 spect to the Rural Digital Opportunity Fund set 

13 forth in subpart J of part 54 of title 47, Code of 

14 Federal Regulations (or any successor regulations); 

15 and 

16 ‘‘(2) offer a low-cost broadband service option 

17 for low-income subscribers with eligibility for the 

18 service option determined by the applicable 

19 broadband funding partner. 

20 ‘‘(g) PROMOTING BROADBAND DEPLOYMENT.—Not 

21 later than 1 year after the date on which a State receives 

22 funding under this section, the State shall publish on a 

23 publicly available website of the State a report that ana24 lyzes the following: 


kjohnson on DSK79L0C42PROD with BILLS
15 

•S 4789 IS

1 ‘‘(1) The process by which the State, or any 

2 local authority within the State, acts on a new re3 quest to access poles, ducts, conduits, or rights-of4 way, which shall include an analysis of— 

5 ‘‘(A) the speed with which the State or 

6 local authority, as applicable, responds to such 

7 a request; and 

8 ‘‘(B) the impact that granting such a re9 quest not later than 30 days after the date on 

10 which the request is submitted would have on 

11 the speed at which broadband service is de12 ployed in the State. 

13 ‘‘(2) The process by which the State, or any 

14 local authority within the State, acts on a non15 emergency request for authorization to place, con16 struct, or modify facilities with respect to broadband 

17 service that are supported through access to poles, 

18 ducts, conduits, or rights-of-way, which shall include 

19 an analysis of— 

20 ‘‘(A) the speed with which the State or 

21 local authority, as applicable, responds to such 

22 a request; and 

23 ‘‘(B) the impact that granting such a re24 quest not later than 30 days after the date on 

25 which the request is submitted would have on 


kjohnson on DSK79L0C42PROD with BILLS
16 

•S 4789 IS

1 the speed at which broadband service is de2 ployed in the State. 

3 ‘‘(3) The impact on the deployment of 

4 broadband service within the State of not requiring 

5 a permit or other authorization for emergency work 

6 performed in the rights-of-way if a broadband facil7 ity supported through access to poles, ducts, con8 duits, or rights-of-way notifies the State, or the ap9 plicable local authority within the State, regarding 

10 the emergency and the associated work. 

11 ‘‘(4) The impact on the deployment of 

12 broadband service within the State of requiring the 

13 State, or any instrumentality of the State, whenever 

14 the State or instrumentality intends to modify or 

15 alter a pole, duct, conduit, or right-of-way, or con16 duct road work in which there will be open trenches, 

17 to provide prior written notification of that action to 

18 any broadband service provider, or other entity, that 

19 has obtained an attachment to a pole, duct, or con20 duit, or right-of-way that may be affected, so that 

21 the applicable entity may have a reasonable oppor22 tunity to add to or modify its existing attachment or 

23 facilities. 

24 ‘‘(h) GUIDANCE.—The Commission may provide 

25 guidance to States with respect to service obligations, proVerDate Sep 11 2014 00:33 Oct 18, 2020 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S4789.IS S4789

kjohnson on DSK79L0C42PROD with BILLS
17 

•S 4789 IS

1 cedures, reporting requirements, and other requirements 

2 in carrying out programs established under this section. 

3 ‘‘(i) RULE OF CONSTRUCTION.—Nothing in this sec4 tion may be construed to permit the Commission to use 

5 any data submitted by a provider of broadband service 

6 under this section to issue or establish additional regu7 latory requirements with respect to that provider.’’; and 

8 (2) in section 802(c) (47 U.S.C. 642(c))— 

9 (A) in paragraph (1)(A)— 

10 (i) in clause (i), by striking ‘‘and’’ at 

11 the end; 

12 (ii) in clause (ii), by adding ‘‘and’’ 

13 after the semicolon at the end; and 

14 (iii) by adding at the end the fol15 lowing: 

16 ‘‘(iii) the areas of the United States in 

17 which options described in section 14(f)(2) 

18 are available;’’; 

19 (B) in paragraph (5), by striking ‘‘and’’ at 

20 the end; 

21 (C) in paragraph (6)— 

22 (i) in the matter preceding subpara23 graph (A), by inserting ‘‘, including on a 

24 publicly available website’’ after ‘‘make 

25 public’’; 


kjohnson on DSK79L0C42PROD with BILLS
18 

•S 4789 IS

1 (ii) in subparagraph (A), by striking 

2 ‘‘and’’ at the end; and 

3 (iii) in subparagraph (B), by striking 

4 the period at the end and inserting ‘‘; 

5 and’’; and 

6 (D) by adding at the end the following: 

7 ‘‘(7) beginning not later than 18 months after 

8 the date of enactment of the Eliminate the Digital 

9 Divide Act of 2020, ensure that the publicly avail10 able website described in paragraph (6)— 

11 ‘‘(A) allows a consumer to determine, 

12 based on financial information entered by the 

13 consumer, whether the consumer is eligible— 

14 ‘‘(i) to receive a Federal or State sub15 sidy with respect to broadband internet ac16 cess service; or 

17 ‘‘(ii) to qualify for a low-income plan 

18 with respect to broadband internet access 

19 service; and 

20 ‘‘(B) with respect to a consumer who is eli21 gible under clause (i) or (ii) of subparagraph 

22 (A), contains information regarding how to 

23 apply for the applicable benefit.’’. 

24 (b) DIRECT APPROPRIATION.—There is appropriated 

25 to the Federal Communications Commission, out of any 


kjohnson on DSK79L0C42PROD with BILLS
19 

•S 4789 IS

1 money in the Treasury not otherwise appropriated, 

2 $10,000,000,000 for fiscal year 2020 to carry out section 

3 14 of the Communications Act of 1934, as added by sub4 section (a)(1), which shall remain available through fiscal 

5 year 2029. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS