II 

118TH CONGRESS 

2D SESSION S. 4930 

To address defaults with respect to awards made under broadband programs 

carried out by the Federal Communications Commission, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 1, 2024 

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

to the Committee on Commerce, Science, and Transportation 

A BILL 

To address defaults with respect to awards made under 

broadband programs carried out by the Federal Communications Commission, 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 ‘‘Broadband Fairness 

5 Act’’. 

6 SEC. 2. POLICY. 

7 It is the policy of the United States that, with respect 

8 to an award made under a broadband program carried out 

9 by the Federal Communications Commission, the award 


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1 should serve the State in which the funds comprising the 

2 award were intended to be expended. 

3 SEC. 3. DEFAULTS IN FCC BROADBAND PROGRAMS. 

4 (a) DEFINITIONS.—In this section: 

5 (1) BROADBAND INTERNET ACCESS SERVICE.— 

6 The term ‘‘broadband internet access service’’ has 

7 the meaning given the term in section 8.1(b) of title 

8 47, Code of Federal Regulations, or any successor 

9 regulation. 

10 (2) BROADBAND PROGRAM.—The term 

11 ‘‘broadband program’’ means any program adminis12 tered by the Commission that is directly or indirectly 

13 intended to increase the deployment of, access to, 

14 the affordability of, or the adoption of broadband 

15 internet access service. 

16 (3) COMMISSION.—The term ‘‘Commission’’ 

17 means the Federal Communications Commission. 

18 (4) DEFAULT.—The term ‘‘default’’ means, 

19 with respect to an award under a broadband pro20 gram, that the recipient of the award— 

21 (A) fails to timely file a Long-Form Appli22 cation with respect to the award; 

23 (B) fails to meet the document submission 

24 deadlines established by the Commission with 

25 respect to the award; 


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1 (C) is found by the Commission to be ineli2 gible or unqualified to receive the award; or 

3 (D) is otherwise disqualified by the Com4 mission for any reason before the authorization 

5 of support under the award. 

6 (5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

7 has the meaning given the term in section 4 of the 

8 Indian Self-Determination and Education Assistance 

9 Act (25 U.S.C. 5304). 

10 (6) STATE.—The term ‘‘State’’— 

11 (A) has the meaning given the term in sec12 tion 3 of the Communications Act of 1934 (47 

13 U.S.C. 153); and 

14 (B) includes an Indian Tribe. 

15 (7) STATE GOVERNMENT.—The term ‘‘State 

16 government’’ or ‘‘government of a State’’— 

17 (A) means the government of a State; and 

18 (B) with respect to an Indian Tribe, means 

19 the Tribal government with respect to that In20 dian Tribe. 

21 (b) EFFECT OF DEFAULT.—Notwithstanding any 

22 other provision of law or regulation, upon a default with 

23 respect to an award under a broadband program, the fol24 lowing shall apply: 


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1 (1) The geographic region proposed to be 

2 served by the award shall be eligible to receive sup3 port under— 

4 (A) other broadband programs; and 

5 (B) any program administered by any Fed6 eral agency other than the Commission that is 

7 directly or indirectly intended to increase the 

8 deployment of, access to, the affordability of, or 

9 the adoption of broadband internet access serv10 ice. 

11 (2)(A) Any amount of the award that is for12 feited after the default shall not be deposited in the 

13 Treasury of the United States and instead shall be 

14 made available by the Commission to the govern15 ment of the State that was the subject of the award 

16 (or the activities under the award) so that such 

17 State government is able, to the maximum extent 

18 practicable, to provide the benefits that were pro19 posed to be provided under the award. 

20 (B) If multiple States were the subject of the 

21 award (or the activities under the award), the Com22 mission shall make available amounts under sub23 paragraph (A) to the government of each such State 

24 in the same proportion, as calculated by the Com25 mission, that the award (or the activities under the 


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1 award) would have been made available if the award 

2 had been carried out. 

3 (3) With respect to benefits provided by a State 

4 government under paragraph (2)— 

5 (A) any minimum speed requirements that 

6 were applicable with respect to the original 

7 award shall remain in effect with respect to the 

8 benefits provided by the State government 

9 under that paragraph; and 

10 (B) the State government, if necessary, 

11 may supplement the amounts made available to 

12 the State government under that paragraph 

13 with funds of the State government. 

Æ 


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