II 

115TH CONGRESS 

2D SESSION S. 2970 

To amend the Rural Electrification Act of 1936 to provide requirements 

on the use of assistance for broadband deployment, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 24, 2018 

Mr. DAINES (for himself and Mr. LEAHY) introduced the following bill; which 

was read twice and referred to the Committee on Agriculture, Nutrition, 

and Forestry 

A BILL 

To amend the Rural Electrification Act of 1936 to provide 

requirements on the use of assistance for broadband 

deployment, 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 ‘‘Reprioritizing 

5 Unserved Rural Areas and Locations for Broadband Act 

6 of 2018’’ or the ‘‘RURAL Broadband Act of 2018’’. 


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1 SEC. 2. USE OF ASSISTANCE FOR DEPLOYMENT OF 

2 BROADBAND INFRASTRUCTURE. 

3 Title VI of the Rural Electrification Act of 1936 (7 

4 U.S.C. 950bb et seq.) is amended by adding at the end 

5 the following: 

6 ‘‘SEC. 604. USE OF ASSISTANCE FOR DEPLOYMENT OF 

7 BROADBAND INFRASTRUCTURE. 

8 ‘‘(a) DEFINITION OF QUALIFYING BROADBAND-CA9 PABLE INFRASTRUCTURE.—In this section, the term 

10 ‘qualifying broadband-capable infrastructure’ means fixed 

11 broadband-capable infrastructure— 

12 ‘‘(1) used by a service provider to provide fixed 

13 broadband service for which the service provider re14 ceives universal service support under section 254 of 

15 the Communications Act of 1934 (47 U.S.C. 254), 

16 if— 

17 ‘‘(A) the broadband service satisfies any 

18 applicable broadband speed standards under 

19 that section and the regulations issued under 

20 that section; or 

21 ‘‘(B) the service provider is in compliance 

22 with buildout obligations to provide retail fixed 

23 broadband service that will comply with applica24 ble broadband speed standards described in 

25 subparagraph (A); or 

26 ‘‘(2) that— 


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•S 2970 IS

1 ‘‘(A) was financed with funds provided by 

2 the Secretary under this Act or any other pro3 gram carried out by the Secretary for the costs 

4 of the construction, improvement, or acquisition 

5 of facilities or equipment for the purpose of 

6 providing fixed telecommunications or 

7 broadband service; and 

8 ‘‘(B)(i) is used to provide fixed broadband 

9 service, if— 

10 ‘‘(I) the broadband service satisfies 

11 any applicable broadband speed standards 

12 established by the Secretary; or 

13 ‘‘(II) the service provider is in compli14 ance with buildout obligations to provide 

15 retail fixed broadband service that will 

16 comply with applicable broadband speed 

17 standards described in subclause (I); or 

18 ‘‘(ii) was financed with a loan under this 

19 Act or any other program carried out by the 

20 Secretary that remains outstanding. 

21 ‘‘(b) RESTRICTION ON USE OF ASSISTANCE.—A loan, 

22 grant, or other assistance awarded under this Act, or by 

23 the rural development mission area under the Consoli24 dated Farm and Rural Development Act (7 U.S.C. 1921 

25 et seq.), may not be used to coordinate, approve, or fiVerDate Sep 11 2014 18:15 May 30, 2018 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2970.IS S2970

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1 nance the deployment of broadband-capable infrastructure 

2 by a service provider to provide retail fixed broadband 

3 service that would overbuild or otherwise duplicate quali4 fying broadband-capable infrastructure that another serv5 ice provider is using to provide retail fixed broadband serv6 ice in the same area. 

7 ‘‘(c) USE OF ASSISTANCE IN UNSERVED AREAS.— 

8 A loan, grant, or other assistance provided by the Sec9 retary, acting through the Administrator of the Rural 

10 Utilities Service, to coordinate, approve, or finance the de11 ployment of broadband-capable infrastructure by a service 

12 provider may be used to provide retail fixed broadband 

13 service in an area in which there is no qualifying 

14 broadband-capable infrastructure owned or operated by 

15 another service provider.’’. 

Æ 


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