ROBUST Act

To expand access to electromagnetic spectrum for the provision of broadband service in rural areas, and for other purposes. 1. Short title This Act may be cited as the Rural Opportunities for Broadband in Underserved Settlements and Towns Act ROBUST Act 2. Access to electromagnetic spectrum for provision of broadband service in rural areas (a) Evaluation of spectrum use (1) In general Not later than 1 year after the date of the enactment of this Act, the Commission shall conduct an evaluation of all covered licenses that are in effect as of the date of the enactment of this Act in order to determine whether spectrum usage rights under such licenses are unutilized or underutilized in rural areas. (2) Effect of infrastructure deployment on determination In conducting the evaluation under paragraph (1), the Commission may not determine that spectrum usage rights are unutilized or underutilized if— (A) in the case of a license that contains terms regarding when the licensee is required to deploy infrastructure or to begin utilizing such spectrum usage rights, the licensee is in compliance with such terms; or (B) in the case of a license that does not contain such terms— (i) the licensee is, at the time when the Commission conducts the evaluation, in the process of deploying infrastructure to utilize such spectrum usage rights; and (ii) after the deployment is complete, the spectrum usage rights will not be unutilized or underutilized. (3) Recommendation to lease unutilized or underutilized spectrum usage rights If the Commission determines in the evaluation conducted under paragraph (1) that any spectrum usage rights under a covered license are unutilized or underutilized in a rural area, the Commission shall, not later than 90 days after completing such evaluation, issue a recommendation to the licensee that the licensee lease such unutilized or underutilized spectrum usage rights to other entities for the provision of broadband service in such area, in accordance with subpart X of part 1 of title 47, Code of Federal Regulations (or any successor regulation). (b) Sense of Congress on reduction of license sizes It is the sense of Congress that, in issuing any covered license (except for a renewal of such a license), the Commission should ensure that the geographic area in which such license permits the use of spectrum is as small as feasible, as determined by the Commission. (c) Definitions In this section: (1) Broadband service The term broadband service (2) Commission The term Commission (3) Covered license The term covered license 47 U.S.C. 151 et seq. (A) under the terms of which a licensee may use such spectrum for the provision of broadband service, regardless of whether such terms expressly refer to the provision of broadband service; and (B) any part of the geographic scope of which includes a rural area, in whole or in part. (4) Rural area The term rural area 3. Eligibility and performance requirements under the Broadband ReConnect Program In carrying out the broadband loan and grant pilot program authorized under section 779 of division A of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 Broadband ReConnect Program ReConnect Program Rural eConnectivity Pilot Program (1) with respect to any award receiving grant assistance under the program, give the highest priority to those projects providing a download speed of at least 25 megabits per second and an upload speed of at least 3 megabits per second; (2) have a licensed engineer or otherwise qualified person available to provide guidance to any new applicant for assistance from the program; and (3) use a portion of the amounts made available for the program to cover the costs incurred by applicants for a loan under the program to prepare required preliminary engineering reports.

Summary: Rural Opportunities for Broadband in Underserved Settlements and Towns Act or the ROBUST Act This bill requires the Federal Communications Commission (FCC) to determine whether spectrum usage rights under covered licenses are unutilized or underutilized in rural areas. A covered license is an FCC-issued license for the use of electromagnetic spectrum (1) whereby a licensee may use such spectrum for the provision of broadband service, and (2) that includes a rural area in any part of its geographic scope. If the FCC determines that a licensee's spectrum usage rights are unutilized or underutilized in a rural area, it must recommend that the licensee lease the rights to other entities to provide broadband service in that area. The bill also establishes prioritization and eligibility requirements for funding provided under the Department of Agriculture's Broadband ReConnect Program, which furnishes loans and grants for the costs of infrastructure needed to provide broadband service in rural areas.