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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1447 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1447

        To expand broadband deployment, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 14, 2009

Mrs. Hutchison introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
        To expand broadband deployment, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Connecting America 
Act of 2009''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Broadband Internet investment tax credit.
Sec. 3. Credit to holders of Broadband America Bonds.
Sec. 4. Office of National Broadband Strategy.
Sec. 5. Facility modifications.
Sec. 6. Adoption incentives for broadband.

SEC. 2. BROADBAND INTERNET INVESTMENT TAX CREDIT.

    (a) In General.--Subpart E of part IV of chapter 1 of the Internal 
Revenue Code of 1986 (relating to rules for computing investment 
credit) is amended by inserting after section 48C the following new 
section:

``SEC. 48D. BROADBAND INTERNET INVESTMENT TAX CREDIT.

    ``(a) General Rule.--For purposes of section 46, in the case of an 
eligible taxpayer, the broadband Internet investment tax credit for any 
taxable year shall be determined--
            ``(1) in the case of a credit calculated according to the 
        requirements under subsection (c)(1), using the subscriber 
        service speeds available on the first day of the taxable year 
        in which a qualified broadband provider makes a qualified 
        investment resulting in percentage increases in service speeds 
        established under such subsection, and
            ``(2) in the case of a credit calculated according to the 
        requirements under subsection (c)(2), when a qualified 
        broadband provider makes a qualified investment resulting in a 
        service speed threshold established under such subsection.
    ``(b) Investment Requirements.--For purposes of this section--
            ``(1) Qualified investment.--
                    ``(A) In general.--The term `qualified investment' 
                means any expenditure for qualified equipment made by a 
                qualified broadband provider during a taxable year 
                which--
                            ``(i) in the case of a credit calculated 
                        according to the requirements under subsection 
                        (c)(1)--
                                    ``(I) increases the available 
                                service speeds to at least 50 megabits 
                                per second downstream during the 
                                beginning of the taxable year in which 
                                the qualified broadband provider makes 
                                such investment, or
                                    ``(II) results in the extension of 
                                a qualified broadband provider's 
                                existing physical plant to unserved 
                                areas and provides broadband service 
                                speeds of at least 10 megabits per 
                                second downstream, and
                            ``(ii) in the case of a credit calculated 
                        according to the requirements under subsection 
                        (c)(2), increases the available service speeds 
                        by increasing existing service speeds to an 
                        advertised maximum service speed of at least 50 
                        megabits per second downstream.
                    ``(B) Lookback period.--Such term shall include any 
                investment made during the 9-month period ending with 
                the date of the enactment of this section is eligible 
                for the broadband Internet investment tax credit if 
                such investment meets all other requirements of this 
                section.
            ``(2) Eligible taxpayer.--The term `eligible taxpayer' 
        means any qualified broadband provider regardless of the 
        technology used to deploy broadband services.
            ``(3) Qualified broadband provider.--The term `qualified 
        broadband provider' means any--
                    ``(A) cable operator,
                    ``(B) commercial mobile service carrier,
                    ``(C) open video system operator,
                    ``(D) satellite carrier,
                    ``(E) telecommunications carrier, or
                    ``(F) other wireless carrier,
        offering broadband service to subscribers through qualified 
        equipment.
            ``(4) Unserved area.--The term `unserved area' means any 
        political subdivision of a State, including any city, 
        municipality, township, or village--
                    ``(A) in which no non-residential subscribers 
                maintaining a permanent place of business and no 
                residential subscribers in a fixed dwelling have access 
                to a terrestrial broadband service, and
                    ``(B) which is certified by such State as an 
                unserved area not later than 180 days after the date of 
                the enactment of this section.
            ``(5) Service provision.--An entity identified in paragraph 
        (3) shall be considered to be a provider offering broadband 
        service to subscribers if--
                    ``(A) such subscriber has been passed by the 
                provider's equipment and may be connected to such 
                equipment for a fee, and
                    ``(B) the provider is physically able to deliver 
                broadband service.
            ``(6) Qualified equipment.--
                    ``(A) In general.--The term `qualified equipment' 
                means any property--
                            ``(i) used to provide broadband service,
                            ``(ii) which meets the eligibility 
                        requirements of subparagraph (B), and
                            ``(iii) for which depreciation (or 
                        amortization in lieu of depreciation) is 
                        allowable.
                    ``(B) Eligibility.--Not later than 1 year after the 
                date of the enactment of this section, the Secretary 
                shall publish and maintain electronic guidance for 
                qualified broadband providers that includes examples of 
                the types of equipment that qualify for the broadband 
                Internet investment tax credit and examples of 
                equipment and uses that do not qualify for such credit. 
                Such guidance shall be placed on the Internal Revenue 
                Service Internet site.
                    ``(C) Limitations on eligible equipment.--Equipment 
                meeting the criteria established in this section shall 
                be eligible for the broadband Internet investment tax 
                credit in taxable years beginning after December 31, 
                2008, and before January 1, 2104:
                            ``(i) Equipment that extends from the last 
                        point of switching to a subscriber location in 
                        the case of a telecommunications carrier or 
                        broadband-over-power-line operator, or extends 
                        from the subscriber side of the head end to the 
                        subscriber location in the case of a cable 
                        operator or open video system operator.
                            ``(ii) Equipment that extends from a 
                        transmission/receive antenna (including such 
                        antenna) which transmits and receives signals 
                        to or from multiple subscribers, to a 
                        transmission/receive antenna (including such 
                        antenna) on the outside of subscriber location 
                        that is owned or leased in the case of a 
                        satellite carrier or other wireless carrier.
                            ``(iii) Equipment used to route traffic 
                        between the head ends, central offices, 
                        transmission/receive antennas, or other 
                        aggregation points.
                            ``(iv) Supporting technological equipment 
                        used to increase the bandwidth available to 
                        subscribers, enable higher quality video 
                        resolution or more efficient utilization of 
                        other qualifying equipment, or allow deployment 
                        of more content over a greater distance. Such 
                        supporting technological equipment shall 
                        include broadband electrical and optical 
                        networking equipment, next generation network 
                        service routers and Internet protocol routers, 
                        supporting network router management systems, 
                        the software contained within the equipment, 
                        and other supporting technological equipment 
                        deemed eligible by the Secretary.
                            ``(v) Transmission facilities and other 
                        equipment used to connect broadband networks to 
                        Internet backbone facilities, where terrestrial 
                        facilities for such connections do not already 
                        exist.
            ``(7) Cable operator.--The term `cable operator' has the 
        meaning given such term by section 602(5) of the Communications 
        Act of 1934 (47 U.S.C. 522(5)).
            ``(8) Commercial mobile service carrier.--The term 
        `commercial mobile service carrier' means any person or entity 
        authorized to provide commercial mobile radio service as 
        defined in section 20.3 of title 47 of the Code of Federal 
        Regulations.
            ``(9) Open video system operator.--The term `open video 
        system operator' means any person or entity authorized to 
        provide services under section 653 of the Communications Act of 
        1934 (47 U.S.C. 573).
            ``(10) Satellite carrier.--The term `satellite carrier' 
        means any person or entity using the facilities of a satellite 
        or satellite service, licensed by the Federal Communications 
        Commission to operate in the Fixed-Satellite Service area under 
        part 25 of title 47 of the Code of Federal Regulations or the 
        Direct Broadcast Satellite Service under part 100 of such 
        title, to establish an operate a channel of communications for 
        distribution of signals, and owning or leasing a capacity or 
        service on a satellite for the purpose of providing point-to-
        multipoint distribution.
            ``(11) Telecommunications carrier.--The term 
        `telecommunications carrier' has the meaning provided in 
        section 3(44) of the Communications Act of 1934 (47 U.S.C. 153 
        (44)), but--
                    ``(A) includes all members of an affiliated group 
                of which a telecommunications carrier is a member, and
                    ``(B) does not include any commercial mobile 
                service carrier.
            ``(12) Other wireless carrier.--The term `other wireless 
        carrier' means any person or entity (other than a 
        telecommunications carrier, commercial mobile service carrier, 
        cable operator, open video system operator, or satellite 
        carrier) offering broadband service to subscribers through the 
        radio transmission of energy.
    ``(c) Calculation of Credit.--
            ``(1) Percentage increase in service speed; availability to 
        unserved areas.--The broadband Internet investment tax credit 
        for any taxable year calculated according to the requirements 
        under this paragraph shall be--
                    ``(A) 15 percent of the qualified investment for 
                such taxable year which increases existing service 
                speeds for current subscribers by at least 50 percent 
                above the service speeds available on the first day of 
                the taxable year,
                    ``(B) 20 percent of such qualified investment which 
                increases existing service speeds for current 
                subscribers to at least 100 percent above such service 
                speeds,
                    ``(C) 25 percent of such qualified investment which 
                increases existing service speeds for current 
                subscribers to at least 200 percent above such service 
                speeds, and
                    ``(D) 30 percent of such qualified investment which 
                results in the availability of service to an unserved 
                area, but only if such service is at speeds of at least 
                10 megabits per second downstream.
            ``(2) Increase to advertised maximum.--The broadband 
        Internet investment tax credit for any taxable year calculated 
        according to the requirements under this paragraph shall be--
                    ``(A) 15 percent of the qualified investment for 
                such taxable year which improves service speeds to an 
                advertised maximum of at least 50 megabits per second 
                downstream,
                    ``(B) 20 percent of the qualified investment for 
                such taxable year which improves service speeds to an 
                advertised maximum of at least 75 megabits per second 
                downstream, and
                    ``(C) 25 percent of the qualified investment for 
                such taxable year which improves service speeds to an 
                advertised maximum of at least 100 megabits per second 
                downstream.
    ``(d) Certification Requirements.--Not later than 120 days after 
the date of the enactment of this section, the Secretary shall 
promulgate rules setting forth the information a qualified broadband 
provider claiming a credit under this section must provide to certify 
service speeds available at the beginning of the taxable year and the 
available service speeds following the qualified investment. The rules 
shall require at a minimum that a qualified broadband provider submit 
an affidavit of a corporate officer attesting to the truthfulness and 
accuracy of the speed certifications and level of investment.
    ``(e) Treatment of Person Not Able To Use Credit.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection--
                    ``(A) any credit allowable under subsection (a) 
                with respect to qualified equipment purchased or 
                installed by a qualified broadband provider may be 
                transferred to, and used by, a third party as provided 
                in this subsection, and
                    ``(B) the determination as to whether the credit is 
                allowable shall be made without regard to the taxable 
                or tax-exempt status of the person.
            ``(2) Transfer of credit.--
                    ``(A) In general.--A person unable to use the 
                credit allowable under subsection (a) may transfer such 
                credit to another person, for use by such person, in 
                consideration for the purchase or installation of 
                qualified equipment. Such transfer may be revoked only 
                with the consent of the Secretary.
                    ``(B) Regulations.--The Secretary shall prescribe 
                such regulations and reporting requirements as 
                necessary to ensure that any credit allowable under 
                subsection (a) is claimed once and not reassigned by 
                such other person.
                    ``(C) Transfer proceeds treated as arising from 
                essential government function.--Any proceeds derived by 
                a State, local, or Indian tribal governmental unit, 
                agency, or instrumentality from the transfer of any 
                credit under subparagraph (A) shall be treated as 
                arising from the exercise of an essential government 
                function.
                    ``(D) Exception for certain nontaxpayers.--This 
                paragraph shall not apply to--
                            ``(i) any Federal, State, or local 
                        government (or any political subdivision, 
                        agency, or instrumentality thereof),
                            ``(ii) any organization described in 
                        section 501(c) and exempt from tax under 
                        section 501(a), and
                            ``(iii) any partnership or other pass-thru 
                        entity in which an entity described in clause 
                        (i) or (ii) (or such entities in the aggregate) 
                        hold a partnership (or equity or profits) 
                        interest of at least 50 percent.
            ``(3) Treatment as income.--Any proceeds from a transfer 
        under paragraph (2) of any credit shall be treated as income to 
        the transferor of the credit (and deductible to the transferee) 
        for purposes of this subtitle.
    ``(f) Termination.--This section shall not apply to expenditures in 
taxable years beginning after December 31, 2013.''.
    (b) Conforming Amendments.--
            (1) Section 46(a) of the Internal Revenue Code of 1986 is 
        amended by striking ``and'' at the end of paragraph (4), by 
        striking the period at the end of paragraph (5) and inserting 
        ``, and'', and by adding at the end the following new 
        paragraph:
            ``(6) the broadband Internet investment tax credit.''.
            (2) The table of sections for subpart E of part IV of 
        chapter 1 of such Code is amended by inserting after the item 
        relating to section 48C the following new item:

``Sec. 48D. Broadband Internet investment tax credit.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to periods after the date of the enactment of this Act, under 
rules similar to the rules of section 48(m) of the Internal Revenue 
Code of 1986 (as in effect on the day before the date of the enactment 
of the Revenue Reconciliation Act of 1990).

SEC. 3. CREDIT TO HOLDERS OF BROADBAND AMERICA BONDS.

    (a) In General.--Subpart I of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 (relating to qualified tax credit 
bonds) is amended by adding at the end the following new section:

``SEC. 54G. CREDIT TO HOLDERS OF BROADBAND AMERICA BONDS.

    ``(a) Broadband America Bond.--For purposes of this subpart, the 
term `Broadband America Bond' means any private activity bond issued as 
part of an issue if--
            ``(1) 100 percent of the available project proceeds of such 
        issue are to be used for expenditures incurred by any non-
        governmental entity in the deployment of broadband services 
        which meet the requirements of this section,
            ``(2) the bond is issued by a qualified issuer, and
            ``(3) the issuer designates such bond for purposes of this 
        section.
For purposes of this section, the term `available project proceeds' has 
the meaning given such term by section 54A(e)(4) (determined by 
substituting `1 percent' for `2 percent' in subparagraph (A)(ii) 
thereof).
    ``(b) Limitation on Amount of Bonds Designated.--
            ``(1) National limitation.--There is a national Broadband 
        America Bond limitation for the 4-year period beginning on the 
        date of the enactment of this section of $1,000,000,000, and 
        zero thereafter, to be made available from amounts appropriated 
        under the American Recovery and Reinvestment Act of 2009 to the 
        Broadband Technology Opportunities Program established under 
        section 6001 of division B of such Act.
            ``(2) Allocation of limitation.--The national Broadband 
        America Bond limitation shall be allocated by the Secretary, in 
        consultation with the Secretary of Commerce, among Broadband 
        America Bond projects to ensure that no qualified issuer may 
        issue Broadband America Bonds in a face amount exceeding 
        $5,000,000.
    ``(c) Other Allocation Limitations.--In making any allocation under 
subsection (b)(2), the Secretary shall comply with the following 
guidelines:
            ``(1) Limit based on existing service availability.--
                    ``(A) In general.--An allocation shall not be made 
                to an issuer for a Broadband America Bond project 
                unless the geographic area of such project qualifies as 
                an unserved area.
                    ``(B) Unserved area.--For purposes of subparagraph 
                (A), the term `unserved area' means any political 
                subdivision of a State, including any city, 
                municipality, township, or village--
                            ``(i) in which no non-residential 
                        subscribers maintaining a permanent place of 
                        business and no residential subscribers in a 
                        fixed dwelling have access to a terrestrial 
                        broadband service, and
                            ``(ii) which is certified by such State as 
                        an unserved area not later than 180 days after 
                        the date of the enactment of this section.
            ``(2) Limit based on project scope.--An allocation shall 
        not be made to an issuer for a Broadband America Bond project 
        unless the project funds, when combined with private investment 
        by a provider receiving the project proceeds, will result in 
        the availability of broadband services to at least 70 percent 
        of the potential subscribers in the geographic area of such 
        project. For purposes of the preceding sentence, the term 
        `potential subscribers' includes all non-residential 
        subscribers maintaining a permanent place of business and 
        residential subscribers in a fixed dwelling in the project 
        area.
            ``(3) Limit based on transmission speed.--An allocation 
        shall not be made to an issuer for a Broadband America Bond 
        project unless the project provides broadband subscribers with 
        access to the Internet in the normal course of operations at 
        transmission speeds of at least 10 megabits per second 
        downstream.
    ``(d) Qualified Issuer; Selection of Providers; Notice of 
Opportunity To Bid.--
            ``(1) Qualified issuer.--The term `qualified issuer' means 
        a governmental body (as defined in section 54C(d)(3)).
            ``(2) Selection of provider.--
                    ``(A) In general.--The qualified issuer, by means 
                of a competitive bidding process established under 
                subparagraph (B), shall select 1 or more broadband 
                providers as recipients of the available project 
                proceeds of an issue and shall contract for the 
                construction of infrastructure providing service to at 
                least 70 percent of all non-residential subscribers 
                maintaining a permanent place of business and 
                residential subscribers in a fixed dwelling in the 
                project area. Not later than 120 days after the date of 
                the enactment of this section, the Secretary shall 
                provide procedures for selecting a broadband provider 
                through a competitive bidding process. A governmental 
                body (as defined in section 54C(d)(3)) is not eligible 
                to receive or utilize the proceeds of a bond offering 
                to construct, or own, infrastructure for the provision 
                of broadband services.
                    ``(B) Eligibility for selection and prohibition on 
                conditions.--All broadband providers shall be eligible 
                to bid for a contract under subparagraph (A), 
                regardless of the technology used to deliver the 
                broadband service, and selection and receipt of 
                available project proceeds may not be conditioned on 
                adoption of open access or non-discrimination 
                principles.
                    ``(C) Notice of opportunity to bid.--At least 60 
                days prior to conducting a bond offering under this 
                section, a qualified issuer shall publish notice in 
                each newspaper with circulation in the proposed project 
                area, and furnish notice on all government Internet 
                sites in the proposed project area. The Secretary shall 
                provide an area on the agency's Internet site listing 
                all proposed projects with contact information for the 
                local government official responsible for the proposed 
                bond offering to allow interested bidders to contact 
                the qualified issuer.
    ``(e) Ratable Principal Amortization Required.--A bond shall not be 
treated as a Broadband America Bond unless it is part of an issue which 
provides for an equal amount of principal to be paid by the qualified 
issuer during each 12-month period that the issue is outstanding (other 
than the first 12-month period).''.
    (b) Conforming Amendments.--
            (1) Paragraph (1) of section 54A(d) of the Internal Revenue 
        Code of 1986 is amended by striking ``or'' at the end of 
        subparagraph (D), by inserting ``or'' at the end of 
        subparagraph (E), and by inserting after subparagraph (E) the 
        following new subparagraph:
                    ``(F) a Broadband America Bond.''.
            (2) Subparagraph (C) of section 54A(d)(2) of such Code is 
        amended by striking ``and'' at the end of clause (iv), by 
        striking the period at the end of clause (v) and inserting ``, 
        and'', and by adding at the end the following new clause:
                            ``(vi) in the case of a Broadband America 
                        Bond, a purpose specified in section 
                        54G(a)(1).''.
            (3) The table of sections for subpart I of part IV of 
        subchapter A of chapter 1 of such Code is amended by adding at 
        the end the following new item:

``Sec. 54G. Credit to holders of Broadband America Bonds.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to obligations issued after the date of the enactment of this 
Act.

SEC. 4. OFFICE OF NATIONAL BROADBAND STRATEGY.

    (a) Establishment.--There is established within the National 
Telecommunications and Information Administration of the Department of 
Commerce the Office of National Broadband Strategy.
    (b) Duties.--The Office of National Broadband Strategy shall--
            (1) contain an ombudsman function to provide technical 
        assistance to any entity that is applying for funds under any 1 
        of the following:
                    (A) Public Telecommunications Facilities--Planning 
                and Construction grant program administered by the 
                National Telecommunications and Information 
                Administration of the Department of Commerce.
                    (B) Broadband Technology Opportunities Program 
                administered by the National Telecommunications and 
                Information Administration of the Department of 
                Commerce.
                    (C) Investments for Public Works and Economic 
                Development Facilities grant program administered by 
                the Economic Development Administration of the 
                Department of Commerce.
                    (D) Rural Telephone Loans and Loan Guarantee 
                program administered by the Rural Utilities Service of 
                the Department of Agriculture.
                    (E) Distance Learning and Telemedicine Loans and 
                Grant program administered by the Rural Utilities 
                Service of the Department of Agriculture.
                    (F) Rural Broadband Access Loan and Loan Guarantee 
                Program administered by the Rural Utilities Service of 
                the Department of Agriculture.
                    (G) Community Connect Broadband Grant program 
                administered by the Rural Utilities Service of the 
                Department of Agriculture.
                    (H) Education Technology State Grant program 
                administered by the Office of Elementary and Secondary 
                Education of the Department of Education.
                    (I) Ready to Teach grant program administered by 
                the Office of the Assistant Secretary of Education for 
                Educational Research and Improvement of the Department 
                of Education.
                    (J) Special Education--Technology and Media 
                Services for Individuals with Disabilities grant 
                program administered by the Office of Special Education 
                and Rehabilitative Services of the Department of 
                Education.
                    (K) Telehealth Network Grant program administered 
                by the Health Resources and Services Administration of 
                the Department of Health and Human Services.
                    (L) Medical Library Assistance program administered 
                by the National Library of Medicine of the National 
                Institutes of Health of the Department of Health and 
                Human Services.
                    (M) State Library Program administered by the 
                Office of Library Services of the Institute of Museum 
                and Library Services of the National Foundation on the 
                Arts and Humanities.
                    (N) Native American and Native Hawaiian Library 
                Services program administered by the Office of Library 
                Services of the Institute of Museum and Library 
                Services of the National Foundation on the Arts and 
                Humanities.
                    (O) Appalachian Area Development grant program 
                administered by the Appalachian Regional Commission 
                established under chapter 143 of title 40, United 
                States Code.
                    (P) Delta Area Economic Development grant program 
                administered by the Delta Regional Authority 
                established under section 382B of the Consolidated Farm 
                and Rural Development Act (7 U.S.C. 2009aa-1).
                    (Q) Denali Commission Program administered by the 
                Denali Commission established under the Denali 
                Commission Act of 1998 (42 U.S.C. 3121 note); and
            (2) establish and maintain a webpage that contains links to 
        the programs described under paragraph (1);
            (3) provide technical assistance to any new program that 
        offers or otherwise makes available funding for broadband 
        deployment; and
            (4) update the webpage established under paragraph (2) to 
        include any new program described under paragraph (3).
    (c) National Advisory Panel.--
            (1) Establishment.--Not later than 90 days after the date 
        of enactment of this Act, the Office of National Broadband 
        Strategy shall establish an National Advisory Panel on 
        broadband deployment and adoption comprised of representatives 
        of relevant sectors of the business community, public interest 
        groups, and other appropriate groups and Federal agencies to 
        review and evaluate--
                    (A) the status of industry efforts to promote 
                broadband in underserved and unserved areas;
                    (B) the effectiveness of Federal Government 
                programs that provide funding for the deployment of 
                broadband, including any program described under 
                subsection (b)(1);
                    (C) the effect of broadband deployment levels 
                within the United States on national economic 
                competitiveness with respect to member countries of the 
                Organization for Economic Cooperation and Development; 
                and
                    (D) the feasibility of creating a single 
                application process for all Federal broadband grant 
                programs leveraging available technology.
            (2) Report.--Not later than 1 year after the date that 
        National Advisory Panel is established under paragraph (1), and 
        for each year thereafter, the Panel shall submit a report to 
        Congress that--
                    (A) describes in detail any legislative, 
                administrative, or regulatory recommendations to 
                improve broadband in underserved and unserved areas, 
                including any information related to such 
                recommendations; and
                    (B) includes recommendations as to what reforms to 
                Federal Government programs could increase the 
                effectiveness of such programs, including changes to 
                eligibility criteria for program applicants, funding 
                levels, and streamlining application procedures.
            (3) FACA not applicable.--The Federal Advisory Committee 
        Act (5 U.S.C. App.) shall not apply to the activities of the 
        National Advisory Panel established under paragraph (1).
    (d) Definition of Technical Assistance.--For purposes of this 
section, the term ``technical assistance'' includes the provision of--
            (1) general information about the operation and eligibility 
        requirements of programs described under subsection (b);
            (2) advice and assistance in completing grant or program 
        application materials; and
            (3) any other assistance deemed appropriate by the 
        Secretary of Commerce.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,000,000 for each of the 
fiscal years 2010 through 2014.

SEC. 5. FACILITY MODIFICATIONS.

    Notwithstanding section 704 of the Telecommunications Act of 1996, 
or any regulation pursuant thereto, or any other provision of law, a 
State or local government may not deny, and shall approve, any eligible 
facilities request for a modification of an existing wireless tower 
that does not substantially change the physical dimensions of such 
tower. For purposes of the preceding sentence, the term ``eligible 
facilities request'' means any request for modification of an existing 
wireless tower that involves--
            (1) collocation of new transmission equipment;
            (2) removal of transmission equipment; and
            (3) replacement of transmission equipment.

SEC. 6. ADOPTION INCENTIVES FOR BROADBAND.

    (a) Telehealth Improvement.--
            (1) In general.--Section 254(h) of the Communications Act 
        of 1934 (47 U.S.C. 254(h)) is amended--
                    (A) in paragraph (1)(A)--
                            (i) by striking ``telecommunications 
                        services'' and inserting ``telecommunications 
                        services, advanced telecommunications services 
                        and information services, and network 
                        management services''; and
                            (ii) by striking ``reasonably comparable to 
                        rates charged'' and inserting ``not to exceed 
                        60 percent less than rates charged''; and
                    (B) in paragraph (7)(B)(vi), by striking ``clinics; 
                and'' and inserting ``clinics and any rural healthcare 
                provider, including any--
                                    ``(I) private physician office or 
                                clinic;
                                    ``(II) nursing home or other long 
                                term care facility;
                                    ``(III) hospice service facility;
                                    ``(IV) pharmacy;
                                    ``(V) dental clinic;
                                    ``(VI) behavioral health facility; 
                                and
                                    ``(VII) facility deemed eligible by 
                                the Department of Veterans Affairs to 
                                provide health care services to 
                                veterans;''.
            (2) Required fcc actions.--In carrying out the pilot 
        program to fund the construction of broadband infrastructure to 
        connect rural health care providers, as such program was 
        established in In the matter of Rural Health Care Support 
        Mechanism, WC Docket No. 02-60, the Federal Communications 
        Commission shall abolish the 85 percent cost limitation 
        requirement set forth in paragraph 14 of such Order.
    (b) PlugGED In Programs.--
            (1) Definitions.--In this section:
                    (A) Eligible educational institution or agency.--
                The term ``eligible educational institution or agency'' 
                means--
                            (i) a secondary school, as such term is 
                        defined in section 9101 of the Elementary and 
                        Secondary Education Act of 1965 (20 U.S.C. 
                        7801);
                            (ii) a 2-year institution of higher 
                        education, as such term is defined in section 
                        101 of the Higher Education Act of 1965 (20 
                        U.S.C. 1001);
                            (iii) an adult education center that is 
                        operated by, or on behalf of, a State; or
                            (iv) a State educational agency, as such 
                        term is defined in section 9101 of the 
                        Elementary and Secondary Education Act of 1965 
                        (20 U.S.C. 7801).
                    (B) PlugGED in program.--The term ``PlugGED In 
                program'' means a program of education that--
                            (i) leads to a recognized equivalent of a 
                        secondary school diploma;
                            (ii) integrates the instruction for such 
                        recognized equivalent with training in 
                        technology skills;
                            (iii) integrates instruction related to the 
                        resources available through broadband Internet 
                        usage for educational development and career 
                        development; and
                            (iv) is sponsored by a private technology 
                        company that will provide 1 or more of the 
                        following:
                                    (I) Educational materials for the 
                                program curriculum.
                                    (II) Assistance in designing the 
                                program curriculum.
                                    (III) Matching funds for the 
                                program, in an amount of not less than 
                                10 percent of the amount of the grant 
                                funds provided under this subsection to 
                                the eligible educational institution or 
                                agency receiving the grant.
                    (C) Secretary.--The term ``Secretary'' means the 
                Secretary of Education, acting through the Assistant 
                Secretary of the Office of Vocational and Adult 
                Education.
            (2) Program authorized.--From amounts appropriated under 
        this subsection, the Secretary shall administer a grant program 
        that awards grants to eligible educational institutions or 
        agencies to enable such eligible educational institutions and 
        agencies to carry out PlugGED In programs.
            (3) Application.--An eligible educational institution or 
        agency desiring a grant under this subsection shall submit an 
        application to the Secretary at such time, in such manner, and 
        containing such information as the Secretary may provide, 
        including--
                    (A) a description of the private technology company 
                that will be a sponsor of the PlugGED In program and 
                the type of assistance the sponsor will provide; and
                    (B) an assurance that the eligible educational 
                institution or agency will annually submit to the 
                Secretary information on the number of participants in 
                the PlugGED In program who have obtained employment 
                within 6 months after completing the program, and the 
                types of such employment.
            (4) Compilation of data.--The Secretary shall annually 
        prepare and submit to the Committee on Education and Labor of 
        the House of Representatives and the Committee on Health, 
        Education, Labor, and Pensions of the Senate a compilation of 
        the data described in subsection (3)(B).
            (5) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $10,000,000 for 
        each of the fiscal years 2010 through 2014.
                                 <all>
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