II 

117TH CONGRESS 

1ST SESSION S. 922 

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 

MARCH 23, 2021 

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 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 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 unserved area in which the cost of 

15 building out broadband service is higher, as com16 pared with the average such cost in the United 

17 States (and as determined by the Commission), be18 cause of— 

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

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

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

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

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

24 the cost of building out that service. 


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

2 meaning given the term by the Commission under 

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

4 of enactment of this section. 

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

6 undertaking by a broadband funding partner under 

7 this section to construct and deploy infrastructure 

8 for the provision of broadband service. 

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

10 area’ means an area that— 

11 ‘‘(A) is of a standard size, as established 

12 by the Commission; and 

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

14 maps created under section 802(c)(1)— 

15 ‘‘(i) has no access to broadband serv16 ice; or 

17 ‘‘(ii) does not have access to 

18 broadband service offered— 

19 ‘‘(I) with a download speed of at 

20 least 25 megabits per second and an 

21 upload speed of at least 3 megabits 

22 per second; or 

23 ‘‘(II) with download and upload 

24 speeds that are established as benchVerDate Sep 11 2014 01:07 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S922.IS S922

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1 marks by the Commission after the 

2 date of enactment of this section. 

3 ‘‘(b) PROGRAM ESTABLISHED.— 

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

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

6 date on which the maps created under section 

7 802(c)(1) are made public, whichever is later, the 

8 Commission shall establish a program for States to 

9 expand access to broadband service in unserved 

10 areas. 

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

12 The program established under paragraph (1) shall 

13 be separate from any universal service program es14 tablished under section 254. 

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

16 seeking funding under the program established under sub17 section (b) shall create a program that— 

18 ‘‘(1) implements the requirements of this sec19 tion; 

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

21 technology or any particular eligible entity; 

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

23 small broadband providers, to participate in the pro24 gram through streamlined regulatory requirements 

25 for all broadband funding partners; 


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1 ‘‘(4) takes into account— 

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

3 area, and the number of locations, proposed to 

4 be served by each project carried out using the 

5 funds; 

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

7 provided by eligible entities seeking funding for 

8 projects under the program; and 

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

10 would receive funding for projects under the 

11 program to complete the proposed deployment 

12 and provision of broadband service under those 

13 projects in the areas served by the projects; 

14 ‘‘(5) may take into account— 

15 ‘‘(A) the size and proportion of the match16 ing funds proposed to be committed by the eli17 gible entities seeking funding for projects under 

18 the program, which may not be provided from 

19 any funds derived from government grants, 

20 loans, or subsidies; 

21 ‘‘(B) the speed with which the eligible enti22 ties seeking funding for projects under the pro23 gram can complete the proposed deployment 

24 and provision of broadband service to house25 holds under those projects, which may include 


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1 a review of the topographical effects on the 

2 areas being served those projects as a result of 

3 the technology to be deployed under those 

4 projects; and 

5 ‘‘(C) whether an eligible entity seeking 

6 funding for a project under the program has 

7 the ability to leverage nearby or adjacent 

8 broadband service provided by the eligible entity 

9 to facilitate the deployment and provision of 

10 broadband service proposed under that project; 

11 ‘‘(6) establishes— 

12 ‘‘(A) periodic buildout milestones, report13 ing requirements, and certification by 

14 broadband funding partners; and 

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

16 broadband funding partner of 3 years, begin17 ning on the date on which funding is provided 

18 to the broadband funding partner to undertake 

19 a project, except that the State may extend that 

20 timeframe if the broadband funding partner es21 tablishes that the failure to complete the project 

22 within that timeframe is due to— 

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

24 governmental entities, in providing necVerDate Sep 11 2014 01:07 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S922.IS S922

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1 essary permits, approvals, or access to (or 

2 construction of) poles; or 

3 ‘‘(ii) a State or federally declared dis4 aster; 

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

6 accountability, and oversight measures to— 

7 ‘‘(A) provide the public and broadband 

8 funding partners with notice of the funding pro9 vided under this section; and 

10 ‘‘(B) deter waste, fraud, and abuse of pro11 gram funds; 

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

13 funds, in whole or in part, from a broadband fund14 ing partner if the broadband funding partner— 

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

16 buildout requirements established for the 

17 project with respect to which the funding re18 lates; and 

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

20 paragraph (6)(B); 

21 ‘‘(9) establishes procedures for expedited ap22 proval for all necessary access to (or construction of) 

23 poles, State and local rights-of-way permits, or other 

24 approvals in the areas of the State served by 

25 projects under the program; 


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1 ‘‘(10) provides that broadband funding partners 

2 are not required to be designated as eligible tele3 communications carriers under section 214(e); 

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

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

6 that the eligible entity owns or controls within the 

7 State at rates, terms, and conditions regulated by 

8 the Commission under, or the State consistent with, 

9 section 224 and the rules of the Commission, with10 out regard to whether that section otherwise applies 

11 with respect to those items; and 

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

13 this section, does not require, or include consider14 ation of, the imposition of any new or additional reg15 ulatory obligations on broadband funding partners 

16 beyond those required under applicable law. 

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

18 ‘‘(1) COMMISSION DISTRIBUTIONS.— 

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

20 days after the date of enactment of this section, 

21 or the date on which the maps created under 

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

23 later, the Commission, under the program es24 tablished under subsection (b), and in accord25 ance with the requirements of this section, 


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1 shall, with respect to the amounts made avail2 able to carry out this section— 

3 ‘‘(i) reserve 10 percent of those 

4 amounts for distributions under subpara5 graph (B) to States that have established 

6 programs under subsection (c); and 

7 ‘‘(ii) of the amounts not reserved 

8 under clause (i), make distributions under 

9 paragraph (2) to States that have estab10 lished programs under subsection (c). 

11 ‘‘(B) DISTRIBUTIONS FOR HIGH COST

12 AREAS.—The amount of a distribution to a 

13 State under this subparagraph shall be cal14 culated as follows: 

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

16 areas in the State by the total number of 

17 high cost areas in the United States. 

18 ‘‘(ii) Multiply the quotient obtained 

19 under clause (i) by the total amount re20 served under subparagraph (A)(i). 

21 ‘‘(2) AMOUNT OF DISTRIBUTIONS FOR PROJECT

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

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

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

25 unserved areas in the State by the total number 


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1 of locations in unserved areas in the United 

2 States, as determined in accordance with the 

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

4 ‘‘(B) Multiply the quotient obtained under 

5 subparagraph (A) of this paragraph by the 

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

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

8 State that has established a program under sub9 section (c), the State shall receive a distribution 

10 under both of paragraphs (1)(B) and (2) of this sub11 section. 

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

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

14 after the date on which a State receives funds under 

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

16 State shall make awards to eligible entities through 

17 the program established by the State under sub18 section (c). 

19 ‘‘(2) FUNDS USED SOLELY FOR UNSERVED

20 AREAS.—A State to which funds are distributed 

21 under subsection (d)— 

22 ‘‘(A) may not— 

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

24 a project in any area that is not an 

25 unserved area; or 


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

2 funds to administer the program estab3 lished by the State under subsection (c); 

4 and 

5 ‘‘(B) shall— 

6 ‘‘(i) before making any awards de7 scribed in paragraph (1), consult the maps 

8 created under section 802(c)(1), as up9 dated through the resolution of any chal10 lenges brought under section 802(b)(5), to 

11 create a list of areas within the State that 

12 are unserved areas, which the State shall 

13 make publicly available; 

14 ‘‘(ii) from the list created under 

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

16 that— 

17 ‘‘(I) has been awarded funding— 

18 ‘‘(aa) in the Rural Digital 

19 Opportunity Fund Phase I auc20 tion provided for in the Report 

21 and Order in the matter of Rural 

22 Digital Opportunity Fund and 

23 Connect America Fund adopted 

24 by the Commission on January 

25 30, 2020 (FCC 20–5); or 


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1 ‘‘(bb) under subpart D of 

2 part 54 of title 47, Code of Fed3 eral Regulations, or any suc4 cessor regulations; 

5 ‘‘(II) has been awarded funding 

6 through any Rural Utilities Service 

7 broadband funding program with a 

8 minimum speed commitment of 25 

9 megabits per second for downloads 

10 and 3 megabits per second for 

11 uploads; 

12 ‘‘(III) has been awarded funding 

13 through any existing program estab14 lished by the State with minimum 

15 speed commitments described in sub16 clause (II); or 

17 ‘‘(IV) is the subject of an en18 forceable commitment by a broadband 

19 provider to serve the area with min20 imum speed commitments described in 

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

22 areas, the service is not yet available, 

23 provided that the broadband provider 

24 is meeting any applicable build-out 

25 deadlines; 


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1 ‘‘(iii) establish a streamlined process 

2 that allows a broadband service provider, 

3 the State, or a unit of local government 

4 within the State not less than 30 days 

5 after the date on which the list created 

6 under clause (i), as updated under clause 

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

8 challenge regarding whether an area on 

9 that final list is an unserved area; 

10 ‘‘(iv) provide a written notice regard11 ing how each challenge brought under 

12 clause (iii) was decided, including the rea13 sons for that decision; 

14 ‘‘(v) update the list created under 

15 clause (i) to reflect the results of chal16 lenges brought under clause (iii); 

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

18 date of enactment of this section, return 

19 any unused portion of those funds to the 

20 Commission; and 

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

22 date on which the funds are distributed to 

23 the State, and biennially thereafter, submit 

24 to the Commission a report— 


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1 ‘‘(I) regarding how the State 

2 spent those funds during the period 

3 covered by the report, which shall in4 clude a description of each award 

5 made with those funds; and 

6 ‘‘(II) that contains a certification 

7 that the State has complied with the 

8 requirements of this section during 

9 the period covered by the report. 

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

11 through the program established under subsection (b) 

12 shall— 

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

14 standards established by the Commission with re15 spect to the Rural Digital Opportunity Fund set 

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

17 Federal Regulations (or any successor regulations); 

18 and 

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

20 for low-income subscribers with eligibility for the 

21 service option determined by the applicable 

22 broadband funding partner. 

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

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

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


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1 publicly available website of the State a report that ana2 lyzes the following: 

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

4 local authority within the State, acts on a new re5 quest to access poles, ducts, conduits, or rights-of6 way, which shall include an analysis of— 

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

8 local authority, as applicable, responds to such 

9 a request; and 

10 ‘‘(B) the impact that granting such a re11 quest not later than 30 days after the date on 

12 which the request is submitted would have on 

13 the speed at which broadband service is de14 ployed in the State. 

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

16 local authority within the State, acts on a non17 emergency request for authorization to place, con18 struct, or modify facilities with respect to broadband 

19 service that are supported through access to poles, 

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

21 an analysis of— 

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

23 local authority, as applicable, responds to such 

24 a request; and 


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1 ‘‘(B) the impact that granting such a re2 quest not later than 30 days after the date on 

3 which the request is submitted would have on 

4 the speed at which broadband service is de5 ployed in the State. 

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

7 broadband service within the State of not requiring 

8 a permit or other authorization for emergency work 

9 performed in the rights-of-way if a broadband facil10 ity supported through access to poles, ducts, con11 duits, or rights-of-way notifies the State, or the ap12 plicable local authority within the State, regarding 

13 the emergency and the associated work. 

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

15 broadband service within the State of requiring the 

16 State, or any instrumentality of the State, whenever 

17 the State or instrumentality intends to modify or 

18 alter a pole, duct, conduit, or right-of-way, or con19 duct road work in which there will be open trenches, 

20 to provide prior written notification of that action to 

21 any broadband service provider, or other entity, that 

22 has obtained an attachment to a pole, duct, or con23 duit, or right-of-way that may be affected, so that 

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1 tunity to add to or modify its existing attachment or 

2 facilities. 

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

4 guidance to States with respect to service obligations, pro5 cedures, reporting requirements, and other requirements 

6 in carrying out programs established under this section. 

7 ‘‘(i) RULE OF CONSTRUCTION.—Nothing in this sec8 tion may be construed to permit the Commission to use 

9 any data submitted by a provider of broadband service 

10 under this section to issue or establish additional regu11 latory requirements with respect to that provider.’’; and 

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

13 (A) in paragraph (1)(A)— 

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

15 the end; 

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

17 after the semicolon at the end; and 

18 (iii) by adding at the end the fol19 lowing: 

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

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

22 are available;’’; 

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

24 the end; 

25 (C) in paragraph (6)— 


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1 (i) in the matter preceding subpara2 graph (A), by inserting ‘‘, including on a 

3 publicly available website,’’ after ‘‘make 

4 public’’; and 

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

6 the period at the end and inserting ‘‘; 

7 and’’; and 

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

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

10 the date of enactment of the Eliminate the Digital 

11 Divide Act of 2021, ensure that the publicly avail12 able website described in paragraph (6)— 

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

14 based on financial information entered by the 

15 consumer, whether the consumer is eligible— 

16 ‘‘(i) to receive a Federal or State sub17 sidy with respect to broadband internet ac18 cess service; or 

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

20 with respect to broadband internet access 

21 service; and 

22 ‘‘(B) with respect to a consumer who is eli23 gible under clause (i) or (ii) of subparagraph 

24 (A), contains information regarding how to 

25 apply for the applicable benefit.’’. 


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1 (b) DIRECT APPROPRIATION.—There is appropriated 

2 to the Federal Communications Commission, out of any 

3 money in the Treasury not otherwise appropriated, 

4 $10,000,000,000 for fiscal year 2021 to carry out section 

5 14 of the Communications Act of 1934, as added by sub6 section (a)(1), which shall remain available through fiscal 

7 year 2030. 

Æ 


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