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 pro-
viders. 
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, lim-
its, places conditions on, or regulates the provision of 
broadband service by public, cooperative, or nonprofit 
broadband providers. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Speed Up Broadband 
Access Act of 2018’’. 
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SEC. 
2. 
PROHIBITION 
ON 
FEDERAL 
FUNDS 
FOR 
BROADBAND IN STATES THAT LIMIT PUBLIC, 
CO-OP, OR NONPROFIT BROADBAND PRO-
VIDERS. 
(a) IN GENERAL.—No Federal funds may be used 
for the provision of broadband service in any State that 
has in effect a law, regulation, or other requirement hav-
ing the force or effect of law that prohibits, limits, places 
conditions on, or regulates the provision of broadband 
service— 
(1) by a political subdivision of such State (or 
an agency or instrumentality of such subdivision) to 
residents of such political subdivision; or 
(2) by any nonprofit organization, or any per-
son who is cooperatively organized, to residents of 
such State. 
(b) AVAILABILITY OF FEDERAL FUNDS FOR PUBLIC, 
CO-OP, AND NONPROFIT BROADBAND PROVIDERS.—Sub-
section (a) shall not apply to the use of Federal funds 
for the provision of broadband service by an entity de-
scribed in paragraph (1) or (2) of subsection (a). 
(c) TREATMENT OF GENERALLY APPLICABLE STATE 
LAWS.—For purposes of subsection (a), a law, regulation, 
or other requirement having the force or effect of law that 
applies generally to the provision of broadband service in 
a State, including by private, for-profit providers, shall not 
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be considered to prohibit, limit, place conditions on, or 
regulate the provision of broadband service by an entity 
described in paragraph (1) or (2) of such subsection. 
(d) DEFINITIONS.—In this section: 
(1) 
BROADBAND
SERVICE.—The 
term 
‘‘broadband service’’ means advanced telecommuni-
cations capability (as defined in section 706 of the 
Telecommunications Act of 1996 (47 U.S.C. 1302)). 
(2) FEDERAL
FUNDS.—The term ‘‘Federal 
funds’’ means any grant, loan, loan guarantee, or 
other form of financial support that is provided by 
the Federal Government. 
(3) NONPROFIT
ORGANIZATION.—The term 
‘‘nonprofit organization’’ means any corporation or 
association, however organized, no part of the net 
earnings of which inures to the benefit of any pri-
vate shareholder or individual. 
(4) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, and 
each commonwealth, territory, or possession of the 
United States. 
Æ 
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