I 

115TH CONGRESS 

2D SESSION H. R. 5969 

To prohibit the use of Federal funds for the provision of broadband service 

in any State that has in effect a law, regulation, or other requirement 

that prohibits, limits, places conditions on, or regulates the provision 

of broadband service by public, cooperative, or nonprofit broadband providers. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 24, 2018 

Mr. POCAN introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

A BILL 

To prohibit the use of Federal funds for the provision of 

broadband service in any State that has in effect a 

law, regulation, or other requirement that prohibits, limits, places conditions on, or regulates the provision of 

broadband service by public, cooperative, or nonprofit 

broadband providers. 

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 ‘‘Speed Up Broadband 

5 Access Act of 2018’’. 


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1 SEC. 2. PROHIBITION ON FEDERAL FUNDS FOR 

2 BROADBAND IN STATES THAT LIMIT PUBLIC, 

3 CO-OP, OR NONPROFIT BROADBAND PRO4 VIDERS. 

5 (a) IN GENERAL.—No Federal funds may be used 

6 for the provision of broadband service in any State that 

7 has in effect a law, regulation, or other requirement hav8 ing the force or effect of law that prohibits, limits, places 

9 conditions on, or regulates the provision of broadband 

10 service— 

11 (1) by a political subdivision of such State (or 

12 an agency or instrumentality of such subdivision) to 

13 residents of such political subdivision; or 

14 (2) by any nonprofit organization, or any per15 son who is cooperatively organized, to residents of 

16 such State. 

17 (b) AVAILABILITY OF FEDERAL FUNDS FOR PUBLIC, 

18 CO-OP, AND NONPROFIT BROADBAND PROVIDERS.—Sub19 section (a) shall not apply to the use of Federal funds 

20 for the provision of broadband service by an entity de21 scribed in paragraph (1) or (2) of subsection (a). 

22 (c) TREATMENT OF GENERALLY APPLICABLE STATE

23 LAWS.—For purposes of subsection (a), a law, regulation, 

24 or other requirement having the force or effect of law that 

25 applies generally to the provision of broadband service in 

26 a State, including by private, for-profit providers, shall not 


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1 be considered to prohibit, limit, place conditions on, or 

2 regulate the provision of broadband service by an entity 

3 described in paragraph (1) or (2) of such subsection. 

4 (d) DEFINITIONS.—In this section: 

5 (1) BROADBAND SERVICE.—The term 

6 ‘‘broadband service’’ means advanced telecommuni7 cations capability (as defined in section 706 of the 

8 Telecommunications Act of 1996 (47 U.S.C. 1302)). 

9 (2) FEDERAL FUNDS.—The term ‘‘Federal 

10 funds’’ means any grant, loan, loan guarantee, or 

11 other form of financial support that is provided by 

12 the Federal Government. 

13 (3) NONPROFIT ORGANIZATION.—The term 

14 ‘‘nonprofit organization’’ means any corporation or 

15 association, however organized, no part of the net 

16 earnings of which inures to the benefit of any pri17 vate shareholder or individual. 

18 (4) STATE.—The term ‘‘State’’ means each of 

19 the several States, the District of Columbia, and 

20 each commonwealth, territory, or possession of the 

21 United States. 

Æ 


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