II 

117TH CONGRESS 

1ST SESSION S. 2911 

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 

SEPTEMBER 30, 2021 

Mr. CORNYN (for himself, Mr. MANCHIN, Ms. COLLINS, and Ms. ROSEN) 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 ‘‘American Broadband 

5 Buildout to Eliminate America’s Digital Divide Act of 

6 2021’’. 


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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 


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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— 

7 ‘‘(A) provides broadband service; and 

8 ‘‘(B) has submitted to the Commission, in 

9 addition to any data required to be submitted 

10 under section 802, data regarding the service 

11 option described in subsection (f)(1)(C) that the 

12 entity would offer if the entity were to receive 

13 funding under this section. 

14 ‘‘(4) ELIGIBLE HOUSEHOLD.—The term ‘eligi15 ble household’ has the meaning given the term in 

16 section 904(a) of title IX of division N of the Con17 solidated Appropriations Act, 2021 (Public Law 

18 116–260). 

19 ‘‘(5) HIGH COST AREA.—The term ‘high cost 

20 area’ means an unserved area in which the cost of 

21 building out broadband service is higher, as com22 pared with the average such cost in the United 

23 States (and as determined by the Commission), be24 cause of— 

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


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1 ‘‘(B) the population density of the area; 

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

3 ‘‘(D) a high number of eligible households 

4 in the area; or 

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

6 the cost of building out that service. 

7 ‘‘(6) LOCATION.—The term ‘location’ has the 

8 meaning given the term by the Commission under 

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

10 of enactment of this section. 

11 ‘‘(7) PROJECT.—The term ‘project’ means an 

12 undertaking by a broadband funding partner under 

13 this section to construct and deploy infrastructure 

14 for the provision of broadband service. 

15 ‘‘(8) UNSERVED AREA.—The term ‘unserved 

16 area’ means an area— 

17 ‘‘(A) that is of a standard size, as estab18 lished by the Commission; and 

19 ‘‘(B) as determined in accordance with the 

20 maps created under section 802(c)(1), not less 

21 than 80 percent of which— 

22 ‘‘(i) has no access to broadband serv23 ice; or 

24 ‘‘(ii) does not have access to reliable 

25 broadband service offered with a download 


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1 speed of at least 25 megabits per second 

2 and an upload speed of at least 3 megabits 

3 per second. 

4 ‘‘(b) PROGRAM ESTABLISHED.— 

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

6 after the date of enactment of this section, or the 

7 date on which the maps created under section 

8 802(c)(1) are made public, whichever is later, the 

9 Commission shall establish a program for States to 

10 expand access to broadband service in unserved 

11 areas. 

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

13 The program established under paragraph (1) shall 

14 be separate from any universal service program es15 tablished under section 254. 

16 ‘‘(3) TECHNICAL SUPPORT AND ASSISTANCE.— 

17 As part of the program established under paragraph 

18 (1), the Commission, in collaboration with the As19 sistant Secretary of Commerce for Communications 

20 and Information, shall provide technical support and 

21 assistance to States to facilitate the establishment of 

22 programs under subsection (c). 

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

24 seeking funding under the program established under sub25 section (b) shall create a program that— 


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1 ‘‘(1) implements the requirements of this sec2 tion; 

3 ‘‘(2) does not favor— 

4 ‘‘(A) the use of any particular technology; 

5 or 

6 ‘‘(B) any particular eligible entity or class 

7 of eligible entities; 

8 ‘‘(3) encourages all eligible entities, including 

9 small broadband providers, to participate in the pro10 gram through streamlined regulatory requirements 

11 for all broadband funding partners; 

12 ‘‘(4) takes into account— 

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

14 area proposed to be served by each project car15 ried out using the funds; 

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

17 provided by eligible entities seeking funding for 

18 projects under the program; and 

19 ‘‘(C) the ability of the eligible entities that 

20 would receive funding for projects under the 

21 program to complete the proposed deployment 

22 and provision of broadband service under those 

23 projects in the areas served by the projects; 

24 ‘‘(5) may take into account— 


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1 ‘‘(A) the speed with which the eligible enti2 ties seeking funding for projects under the pro3 gram can complete the proposed deployment 

4 and provision of broadband service to house5 holds under those projects, which may include 

6 a review of the topographical effects on the 

7 areas being served by those projects as a result 

8 of the technology to be deployed under those 

9 projects; and 

10 ‘‘(B) whether an eligible entity seeking 

11 funding for a project under the program has 

12 the ability or intention to leverage nearby or ad13 jacent broadband service infrastructure to fa14 cilitate the deployment and provision of 

15 broadband service proposed under that project; 

16 ‘‘(6) establishes— 

17 ‘‘(A) the size and proportion of the match18 ing funds to be committed by an eligible entity 

19 seeking funding for a project under the pro20 gram, which— 

21 ‘‘(i) may not be provided from any 

22 funds derived from government grants, 

23 loans, or subsidies; and 

24 ‘‘(ii) may not be less than 25 percent 

25 of the amount provided by the State to the 


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1 eligible entity with respect to the project, 

2 except that the State may reduce that 

3 threshold, or waive the matching fund re4 quirement under this subparagraph, if— 

5 ‘‘(I) the area proposed to be 

6 served by the project is a high cost 

7 area; 

8 ‘‘(II) the applicable eligible entity 

9 or the State can establish that the re10 duction or waiver, as applicable, is 

11 necessary to ensure the deployment of 

12 broadband in the area proposed to be 

13 served by the project; and 

14 ‘‘(III) the State gives a pref15 erence for other applications sub16 mitted by that eligible entity in which 

17 the eligible entity does not seek such 

18 a reduction or waiver; 

19 ‘‘(B) periodic buildout milestones, report20 ing requirements, and certification by 

21 broadband funding partners; and 

22 ‘‘(C) a maximum buildout timeframe for a 

23 broadband funding partner of 4 years, begin24 ning on the date on which funding is provided 

25 to the broadband funding partner to undertake 


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1 a project, except that the State may extend that 

2 timeframe if the broadband funding partner es3 tablishes that the failure to complete the project 

4 within that timeframe is due to— 

5 ‘‘(i) delays by third parties, including 

6 governmental entities, in providing nec7 essary permits, approvals, or access to (or 

8 construction of) poles; or 

9 ‘‘(ii) a State or federally declared dis10 aster; 

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

12 accountability, and oversight measures to— 

13 ‘‘(A) provide the public and broadband 

14 funding partners with notice of the funding pro15 vided under this section; and 

16 ‘‘(B) deter waste, fraud, and abuse of pro17 gram funds; 

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

19 funds, in whole or in part, from a broadband fund20 ing partner if the broadband funding partner— 

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

22 buildout requirements established for the 

23 project with respect to which the funding re24 lates; and 


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

2 paragraph (6)(C); 

3 ‘‘(9) establishes procedures for expedited ap4 proval for all necessary access to (or construction of) 

5 poles, dark or lit fiber, communications towers, 

6 State and local rights-of-way permits, or other ap7 provals in the areas of the State served by projects 

8 under the program; 

9 ‘‘(10) provides that broadband funding partners 

10 are not required to be designated as eligible tele11 communications carriers under section 214(e); 

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

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

14 that the eligible entity owns or controls within the 

15 State at rates, terms, and conditions regulated by 

16 the Commission under, or the State consistent with, 

17 section 224 and the rules of the Commission (unless 

18 application of the rules of the Commission would re19 sult in higher costs for the applicable item), without 

20 regard to whether that section otherwise applies with 

21 respect to those items; 

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

23 this section, does not require, or include consider24 ation of, the imposition of any new or additional reg25 ulatory obligations on broadband funding partners 


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1 beyond those required under applicable Federal law; 

2 and 

3 ‘‘(13) maximizes the number of unserved loca4 tions proposed to be served by each project carried 

5 out using the funds. 

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

7 ‘‘(1) COMMISSION DISTRIBUTIONS.— 

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

9 days after the date of enactment of this section, 

10 or the date on which the maps created under 

11 section 802(c)(1) are made public, whichever is 

12 later, the Commission, under the program es13 tablished under subsection (b), and in accord14 ance with the requirements of this section, 

15 shall, with respect to the amounts made avail16 able to carry out this section— 

17 ‘‘(i) reserve 10 percent of those 

18 amounts for distributions under subpara19 graph (B) to States that have established 

20 programs under subsection (c); and 

21 ‘‘(ii) of the amounts not reserved 

22 under clause (i), make distributions under 

23 paragraph (2) to States that have estab24 lished programs under subsection (c). 


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1 ‘‘(B) DISTRIBUTIONS FOR HIGH COST

2 AREAS.—The amount of a distribution to a 

3 State under this subparagraph shall be cal4 culated as follows: 

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

6 areas in the State by the total number of 

7 high cost areas in the United States. 

8 ‘‘(ii) Multiply the quotient obtained 

9 under clause (i) by the total amount re10 served under subparagraph (A)(i). 

11 ‘‘(2) AMOUNT OF DISTRIBUTIONS FOR PROJECT

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

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

14 ‘‘(A) Divide the number of locations in 

15 unserved areas in the State by the total number 

16 of locations in unserved areas in the United 

17 States, as determined in accordance with the 

18 maps created under section 802(c)(1). 

19 ‘‘(B) Multiply the quotient obtained under 

20 subparagraph (A) of this paragraph by the 

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

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

23 State that has established a program under sub24 section (c), the State shall receive a distribution 


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1 under both of paragraphs (1)(B) and (2) of this sub2 section. 

3 ‘‘(e) STATE USE OF PROGRAM FUNDS.— 

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

5 after the date on which a State receives funds under 

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

7 State shall make awards to eligible entities through 

8 the program established by the State under sub9 section (c). 

10 ‘‘(2) FUNDS USED SOLELY FOR UNSERVED

11 AREAS.—A State to which funds are distributed 

12 under subsection (d)— 

13 ‘‘(A) may not— 

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

15 a project in any area that is not an 

16 unserved area, except that such a project 

17 may deploy infrastructure that traverses a 

18 served area in order to provide broadband 

19 service to an unserved area; or 

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

21 funds to administer the program estab22 lished by the State under subsection (c); 

23 ‘‘(B) shall— 

24 ‘‘(i) before making any awards de25 scribed in paragraph (1), consult the maps 


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1 created under section 802(c)(1), as up2 dated through the resolution of any chal3 lenges brought under section 802(b)(5), to 

4 create a list of areas within the State that 

5 are unserved areas, which the State shall 

6 make publicly available; 

7 ‘‘(ii) from the list created under 

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

9 that is the subject of an enforceable com10 mitment by a broadband service provider 

11 to provide broadband service to the area 

12 with minimum speed commitments de13 scribed in subclause (III), even if, in any 

14 such area, the broadband service is not yet 

15 available, provided that the broadband 

16 service provider is meeting any applicable 

17 build-out deadlines, including with respect 

18 to an award disbursed under— 

19 ‘‘(I) the Rural Digital Oppor20 tunity Fund Phase I auction provided 

21 for in the Report and Order in the 

22 matter of Rural Digital Opportunity 

23 Fund and Connect America Fund 

24 adopted by the Commission on Janu25 ary 30, 2020 (FCC 20–5); 


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1 ‘‘(II) subpart D of part 54 of 

2 title 47, Code of Federal Regulations, 

3 or any successor regulations; 

4 ‘‘(III) 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; or 

10 ‘‘(IV) any existing program es11 tablished by the State with minimum 

12 speed commitments described in sub13 clause (III); 

14 ‘‘(iii) establish a streamlined process 

15 that allows a broadband service provider, 

16 the State, or a unit of local government 

17 within the State not less than 30 days 

18 after the date on which the list created 

19 under clause (i), as updated under clause 

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

21 challenge regarding whether an area on 

22 that final list is an unserved area; 

23 ‘‘(iv) provide a written notice regard24 ing how each challenge brought under 


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1 clause (iii) was decided, including the rea2 sons for that decision; 

3 ‘‘(v) update the list created under 

4 clause (i), as updated under clause (ii), to 

5 reflect the results of challenges brought 

6 under clause (iii); 

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

8 date of enactment of this section, return 

9 any unused portion of those funds to the 

10 Commission; 

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

12 date on which the funds are distributed to 

13 the State, and biennially thereafter, submit 

14 to the Commission a report— 

15 ‘‘(I) regarding how the State 

16 spent those funds during the period 

17 covered by the report, which shall in18 clude a description of each award 

19 made with those funds; and 

20 ‘‘(II) that contains a certification 

21 that the State has complied with the 

22 requirements of this section during 

23 the period covered by the report; and 

24 ‘‘(viii) match not less than 25 percent 

25 of the amount of those funds, as confirmed 


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1 by the Commission in a manner deter2 mined by the Commission; and 

3 ‘‘(C) to satisfy the requirement under sub4 paragraph (B)(viii), may use any manner of im5 plementation that the State determines appro6 priate, including by using funds— 

7 ‘‘(i) the source of which is a local gov8 ernment in the State; or 

9 ‘‘(ii)(I) that were provided to the 

10 State under— 

11 ‘‘(aa) the Families First 

12 Coronavirus Response Act (Public 

13 Law 116–127; 134 Stat. 178); 

14 ‘‘(bb) the CARES Act (Public 

15 Law 116–136; 134 Stat. 281); 

16 ‘‘(cc) the Consolidated Appro17 priations Act, 2021 (Public Law 116– 

18 260; 134 Stat. 1182); 

19 ‘‘(dd) the American Rescue Plan 

20 Act of 2021 (Public Law 117–2; 135 

21 Stat. 4); or 

22 ‘‘(ee) any amendment made by 

23 an Act described in any of items (aa) 

24 through (dd); and 


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1 ‘‘(II) the purpose of which, as de2 scribed in the applicable provision of law 

3 described in subclause (I), is for the de4 ployment of broadband service. 

5 ‘‘(f) PROJECT REQUIREMENTS.—With respect to a 

6 project funded through the program established under 

7 subsection (b)— 

8 ‘‘(1) the project shall— 

9 ‘‘(A) adhere to the same quality-of-service 

10 standards established by the Commission with 

11 respect to the Rural Digital Opportunity Fund 

12 set forth in subpart J of part 54 of title 47, 

13 Code of Federal Regulations (or any successor 

14 regulations); 

15 ‘‘(B) provide reliable broadband service at 

16 a speed of not less than 100 megabits per sec17 ond for downloads and 20 megabits per second 

18 for uploads; and 

19 ‘‘(C) offer a low-cost broadband service op20 tion for low-income subscribers, as defined by 

21 the Commission, with the price and eligibility 

22 for the service option determined by the appli23 cable broadband funding partner; and 

24 ‘‘(2) the applicable broadband funding partner, 

25 in collaboration with the applicable State, shall carry 


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1 out public awareness campaigns in service areas that 

2 are designed to highlight the value and benefits of 

3 broadband service in order to increase the adoption 

4 of broadband service by consumers. 

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

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

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

8 publicly available website of the State a report that ana9 lyzes the following: 

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

11 local authority within the State, acts on a new re12 quest to access poles, ducts, conduits, or rights-of13 way, which shall include an analysis of— 

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

15 local authority, as applicable, responds to such 

16 a request; and 

17 ‘‘(B) the impact that granting such a re18 quest not later than 30 days after the date on 

19 which the request is submitted would have on 

20 the speed at which broadband service is de21 ployed in the State. 

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

23 local authority within the State, acts on a non24 emergency request for authorization to place, con25 struct, or modify facilities with respect to broadband 


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1 service that are supported through access to poles, 

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

3 an analysis of— 

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

5 local authority, as applicable, responds to such 

6 a request; and 

7 ‘‘(B) the impact that granting such a re8 quest not later than 30 days after the date on 

9 which the request is submitted would have on 

10 the speed at which broadband service is de11 ployed in the State. 

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

13 broadband service within the State of not requiring 

14 a permit or other authorization for emergency work 

15 performed in the rights-of-way if a broadband facil16 ity supported through access to poles, ducts, con17 duits, dark or lit fiber, or rights-of-way notifies the 

18 State, or the applicable local authority within the 

19 State, regarding the emergency and the associated 

20 work. 

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

22 broadband service within the State of requiring the 

23 State, or any instrumentality of the State, whenever 

24 the State or instrumentality intends to modify or 

25 alter a pole, duct, conduit, dark or lit fiber, or rightVerDate Sep 11 2014 03:23 Oct 02, 2021 Jkt 029200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S2911.IS S2911

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1 of-way, or conduct road work in which there will be 

2 open trenches, to provide prior written notification 

3 of that action to any broadband service provider, or 

4 other entity, that has obtained an attachment to a 

5 pole, duct, or conduit, or right-of-way that may be 

6 affected, so that the applicable entity may have a 

7 reasonable opportunity to add to or modify its exist8 ing attachment or facilities. 

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

10 guidance to States with respect to service obligations, pro11 cedures, reporting requirements, and other requirements 

12 in carrying out programs established under this section. 

13 ‘‘(i) RULE OF CONSTRUCTION.—Nothing in this sec14 tion may be construed to permit the Commission to use 

15 any data submitted by a provider of broadband service 

16 under this section to issue or establish additional regu17 latory requirements with respect to that provider.’’; and 

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

19 (A) in paragraph (1)(A)— 

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

21 the end; 

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

23 after the semicolon at the end; and 

24 (iii) by adding at the end the fol25 lowing: 


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

2 which options described in section 

3 14(f)(1)(C) are available;’’; 

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

5 the end; 

6 (C) in paragraph (6)— 

7 (i) in the matter preceding subpara8 graph (A), by inserting ‘‘, including on a 

9 publicly available website,’’ after ‘‘make 

10 public’’; and 

11 (ii) in subparagraph (B), by striking 

12 the period at the end and inserting ‘‘; 

13 and’’; and 

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

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

16 the date of enactment of the American Broadband 

17 Buildout to Eliminate America’s Digital Divide Act 

18 of 2021, ensure that the publicly available website 

19 described in paragraph (6)— 

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

21 based on financial information entered by the 

22 consumer, whether the consumer is eligible— 

23 ‘‘(i) to receive a Federal or State sub24 sidy with respect to broadband internet ac25 cess service; or 


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

2 with respect to broadband internet access 

3 service; and 

4 ‘‘(B) with respect to a consumer who is eli5 gible under clause (i) or (ii) of subparagraph 

6 (A), contains information regarding how to 

7 apply for the applicable benefit.’’. 

8 (b) DIRECT APPROPRIATION.—There is appropriated 

9 to the Federal Communications Commission, out of any 

10 money in the Treasury not otherwise appropriated, 

11 $40,000,000,000 for fiscal year 2021 to carry out section 

12 14 of the Communications Act of 1934, as added by sub13 section (a)(1), which shall remain available through fiscal 

14 year 2030. 

Æ 


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