I 
116TH CONGRESS 
2D SESSION 
H. R. 8650 
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 HOUSE OF REPRESENTATIVES 
OCTOBER 20, 2020 
Mr. WILLIAMS introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To amend the Communications Act of 1934 to provide fund-
ing to States for extending broadband service to unserved 
areas in partnership with broadband service providers, 
and for other purposes. 
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 ‘‘Eliminate the Digital 
Divide Act’’. 
VerDate Sep 11 2014 
18:39 Nov 06, 2020
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H8650.IH
H8650
pamtmann on DSKBC07HB2PROD with BILLS
SEC. 2. EXPANSION OF BROADBAND ACCESS IN UNSERVED 
AREAS. 
(a) IN GENERAL.—The Communications Act of 1934 
(47 U.S.C. 151 et seq.) is amended— 
(1) in title I (47 U.S.C. 151 et seq.), by adding 
at the end the following: 
‘‘SEC. 14. EXPANSION AND ADOPTION OF BROADBAND 
SERVICE THROUGH STATE FUNDING. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) BROADBAND
FUNDING
PARTNER.—The 
term ‘broadband funding partner’ means an eligible 
entity that receives funding for a project under this 
section. 
‘‘(2) 
BROADBAND
SERVICE.—The 
term 
‘broadband service’— 
‘‘(A) means a mass-market retail service 
by wire or radio that provides the capability to 
transmit data to and receive data from all or 
substantially all internet endpoints, including 
any capabilities that are incidental to and en-
able the operation of the communications serv-
ice; 
‘‘(B) includes any service that is a func-
tional equivalent of the service described in sub-
paragraph (A); and 
VerDate Sep 11 2014 
18:39 Nov 06, 2020
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H8650.IH
H8650
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(C) does not include dial-up internet ac-
cess service. 
‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means a private provider of broadband service, 
or a public-private partnership or cooperative (in-
cluding a subsidiary of a cooperative) that provides 
broadband service, that has submitted to the Com-
mission, in addition to any data required to be sub-
mitted under section 802, data regarding the service 
option described in subsection (f)(2) that the entity 
would offer if the entity were to receive funding 
under this section. 
‘‘(4) HIGH COST AREA.—The term ‘high cost 
area’ means an area in which the cost of building 
out broadband service is higher, as compared with 
the average such cost in the United States (and as 
determined by the Commission), because of— 
‘‘(A) the remote location of the area; 
‘‘(B) the scarcity of services in the area; 
‘‘(C) the unique topography of the area; 
‘‘(D) a high rate of poverty in the area; or 
‘‘(E) any other factor that contributes to 
the cost of building out that service. 
‘‘(5) LOCATION.—The term ‘location’ has the 
meaning given the term by the Commission under 
VerDate Sep 11 2014 
18:39 Nov 06, 2020
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H8650.IH
H8650
pamtmann on DSKBC07HB2PROD with BILLS
rules and guidance that are in effect, as of the date 
of enactment of this section. 
‘‘(6) PROJECT.—The term ‘project’ means an 
undertaking by a broadband funding partner under 
this section to construct and deploy infrastructure 
for the provision of broadband service. 
‘‘(7) UNSERVED
AREA.—The term ‘unserved 
area’ means an area that, as determined in accord-
ance 
with 
the 
maps 
created 
under 
section 
802(c)(1)— 
‘‘(A) has no access to broadband service; 
or 
‘‘(B) does not have access to broadband 
service offered— 
‘‘(i) with a download speed of at least 
25 megabits per second; and 
‘‘(ii) with an upload speed of at least 
3 megabits per second. 
‘‘(b) PROGRAM ESTABLISHED.— 
‘‘(1) IN GENERAL.—Not later than 100 days 
after the date of enactment of this section, the Com-
mission shall establish a program for States to ex-
pand access to broadband service in unserved areas. 
‘‘(2) RELATIONSHIP TO UNIVERSAL SERVICE.— 
The program established under paragraph (1) shall 
VerDate Sep 11 2014 
18:39 Nov 06, 2020
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H8650.IH
H8650
pamtmann on DSKBC07HB2PROD with BILLS
tablishes that the failure to complete the project 
within that timeframe is due to— 
‘‘(i) delays by third parties in pro-
viding necessary permits, approvals, or ac-
cess to (or construction of) poles; or 
‘‘(ii) a State or federally declared dis-
aster; 
‘‘(7) contains sufficient notice, transparency, 
accountability, and oversight measures to— 
‘‘(A) provide the public and broadband 
funding partners with notice of the funding pro-
vided under this section; and 
‘‘(B) deter waste, fraud, and abuse of pro-
gram funds; 
‘‘(8) establishes procedures for the recovery of 
funds, in whole or in part, from a broadband fund-
ing partner if the broadband funding partner— 
‘‘(A) defaults or fails to comply with the 
buildout 
requirements 
established 
for 
the 
project with respect to which the funding re-
lates; and 
‘‘(B) has not received an extension under 
paragraph (6)(B); 
‘‘(9) establishes procedures for broadband fund-
ing partners to receive expedited approval for all 
VerDate Sep 11 2014 
18:39 Nov 06, 2020
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H8650.IH
H8650
pamtmann on DSKBC07HB2PROD with BILLS
necessary access to (or construction of) poles, State 
and local rights-of-way permits, or other approvals 
in the areas of the State served by projects under 
the program; 
‘‘(10) provides that broadband funding partners 
are not required to be designated as eligible tele-
communications carriers under section 214(e); 
‘‘(11) provides that an eligible entity shall grant 
access to poles, ducts, conduits, and rights-of-way 
that the eligible entity owns or controls within the 
State at rates, terms, and conditions regulated by 
the Commission under, or the State consistent with, 
section 224, without regard to whether that section 
otherwise applies with respect to those items; and 
‘‘(12) except as otherwise explicitly provided in 
this section, does not require, or include consider-
ation of, the imposition of any new or additional reg-
ulatory obligations on broadband funding partners 
beyond those required under applicable law. 
‘‘(d) DISTRIBUTION OF FUNDS TO STATES.— 
‘‘(1) COMMISSION DISTRIBUTIONS.— 
‘‘(A) IN
GENERAL.—Not later than 200 
days after the date of enactment of this section, 
the Commission, under the program established 
under subsection (b), and in accordance with 
VerDate Sep 11 2014 
18:39 Nov 06, 2020
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H8650.IH
H8650
pamtmann on DSKBC07HB2PROD with BILLS
the requirements of this section, shall, with re-
spect to the amounts made available to carry 
out this section— 
‘‘(i) reserve 10 percent of those 
amounts for distributions under subpara-
graph (B) to States that have established 
programs under subsection (c); and 
‘‘(ii) of the amounts not reserved 
under clause (i), make distributions under 
paragraph (2) to States that have estab-
lished programs under subsection (c). 
‘‘(B) DISTRIBUTIONS
FOR
HIGH
COST 
AREAS.—The amount of a distribution to a 
State under this subparagraph shall be cal-
culated as follows: 
‘‘(i) Divide the number of high cost 
areas in the State by the total number of 
high cost areas in the United States. 
‘‘(ii) Multiply the quotient obtained 
under clause (i) by the total amount re-
served under subparagraph (A)(i). 
‘‘(2) AMOUNT OF DISTRIBUTIONS FOR PROJECT 
AWARDS.—The amount of a distribution to a State 
under paragraph (1) shall be calculated as follows: 
VerDate Sep 11 2014 
18:39 Nov 06, 2020
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H8650.IH
H8650
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(A) Divide the number of individuals liv-
ing in unserved areas in the State by the total 
number of individuals living in unserved areas 
in the United States, as determined in accord-
ance with the maps created under section 
802(c)(1). 
‘‘(B) Multiply the quotient obtained under 
subparagraph (A) of this paragraph by the 
amount described in paragraph (1)(A)(ii). 
‘‘(3) STATE ENTITLEMENT.—With respect to a 
State that has established a program under sub-
section (c), the State shall receive a distribution 
under both of paragraphs (1)(B) and (2) of this sub-
section. 
‘‘(e) STATE USE OF PROGRAM FUNDS.— 
‘‘(1) IN GENERAL.—Not later than 120 days 
after the date on which a State receives funds under 
subsection (d), and subject to paragraph (2), the 
State shall make awards to eligible entities through 
the program established by the State under sub-
section (c). 
‘‘(2) FUNDS
USED
SOLELY
FOR
UNSERVED 
AREAS.—A State to which funds are distributed 
under subsection (d)— 
‘‘(A) may not— 
VerDate Sep 11 2014 
18:39 Nov 06, 2020
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H8650.IH
H8650
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(i) use any portion of those funds for 
a project in any area that is not an 
unserved area; or 
‘‘(ii) use more than 5 percent of those 
funds to administer the program estab-
lished by the State under subsection (c); 
and 
‘‘(B) shall— 
‘‘(i) before making any awards de-
scribed in paragraph (1), consult the maps 
created under section 802(c)(1), as up-
dated through the resolution of any chal-
lenges brought under section 802(b)(5), to 
create a list of areas within the State that 
are unserved areas, which the State shall 
make publicly available; 
‘‘(ii) from the list created under 
clause (i), remove any area in the State 
that— 
‘‘(I) has been awarded funding in 
the Rural Digital Opportunity Fund 
Phase I auction provided for in the 
Report and Order in the matter of 
Rural Digital Opportunity Fund and 
Connect America Fund adopted by 
VerDate Sep 11 2014 
18:39 Nov 06, 2020
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H8650.IH
H8650
pamtmann on DSKBC07HB2PROD with BILLS
the Commission on January 30, 2020 
(FCC 20–5); 
‘‘(II) has been awarded funding 
through any Rural Utilities Service 
broadband funding program with a 
minimum speed commitment of 25 
megabits per second for downloads 
and 3 megabits per second for 
uploads; 
‘‘(III) has been awarded funding 
through any existing program estab-
lished by the State with minimum 
speed commitments described in sub-
clause (II); or 
‘‘(IV) is the subject of an en-
forceable commitment by a broadband 
provider to serve the area with min-
imum speed commitments described in 
subclause (II), even if, in any such 
areas, the service is not yet available, 
provided that the broadband provider 
is meeting any applicable build-out 
deadlines; 
‘‘(iii) establish a streamlined process 
that allows a broadband service provider, 
VerDate Sep 11 2014 
18:39 Nov 06, 2020
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H8650.IH
H8650
pamtmann on DSKBC07HB2PROD with BILLS
clude a description of each award 
made with those funds; and 
‘‘(II) that contains a certification 
that the State has complied with the 
requirements of this section during 
the period covered by the report. 
‘‘(f) PROJECT REQUIREMENTS.—Any project funded 
through the program established under subsection (b) 
shall— 
‘‘(1) adhere to the same quality-of-service 
standards established by the Commission with re-
spect to the Rural Digital Opportunity Fund set 
forth in subpart J of part 54 of title 47, Code of 
Federal Regulations (or any successor regulations); 
and 
‘‘(2) offer a low-cost broadband service option 
for low-income subscribers with eligibility for the 
service 
option 
determined 
by 
the 
applicable 
broadband funding partner. 
‘‘(g) PROMOTING BROADBAND DEPLOYMENT.—Not 
later than 1 year after the date on which a State receives 
funding under this section, the State shall publish on a 
publicly available website of the State a report that ana-
lyzes the following: 
VerDate Sep 11 2014 
18:39 Nov 06, 2020
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H8650.IH
H8650
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(1) The process by which the State, or any 
local authority within the State, acts on a new re-
quest to access poles, ducts, conduits, or rights-of- 
way, which shall include an analysis of— 
‘‘(A) the speed with which the State or 
local authority, as applicable, responds to such 
a request; and 
‘‘(B) the impact that granting such a re-
quest not later than 30 days after the date on 
which the request is submitted would have on 
the speed at which broadband service is de-
ployed in the State. 
‘‘(2) The process by which the State, or any 
local authority within the State, acts on a non-
emergency request for authorization to place, con-
struct, or modify facilities with respect to broadband 
service that are supported through access to poles, 
ducts, conduits, or rights-of-way, which shall include 
an analysis of— 
‘‘(A) the speed with which the State or 
local authority, as applicable, responds to such 
a request; and 
‘‘(B) the impact that granting such a re-
quest not later than 30 days after the date on 
which the request is submitted would have on 
VerDate Sep 11 2014 
18:39 Nov 06, 2020
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H8650.IH
H8650
pamtmann on DSKBC07HB2PROD with BILLS
the speed at which broadband service is de-
ployed in the State. 
‘‘(3) The impact on the deployment of 
broadband service within the State of not requiring 
a permit or other authorization for emergency work 
performed in the rights-of-way if a broadband facil-
ity supported through access to poles, ducts, con-
duits, or rights-of-way notifies the State, or the ap-
plicable local authority within the State, regarding 
the emergency and the associated work. 
‘‘(4) The impact on the deployment of 
broadband service within the State of requiring the 
State, or any instrumentality of the State, whenever 
the State or instrumentality intends to modify or 
alter a pole, duct, conduit, or right-of-way, or con-
duct road work in which there will be open trenches, 
to provide prior written notification of that action to 
any broadband service provider, or other entity, that 
has obtained an attachment to a pole, duct, or con-
duit, or right-of-way that may be affected, so that 
the applicable entity may have a reasonable oppor-
tunity to add to or modify its existing attachment or 
facilities. 
‘‘(h) GUIDANCE.—The Commission may provide 
guidance to States with respect to service obligations, pro-
VerDate Sep 11 2014 
18:39 Nov 06, 2020
Jkt 019200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H8650.IH
H8650
pamtmann on DSKBC07HB2PROD with BILLS
cedures, reporting requirements, and other requirements 
in carrying out programs established under this section. 
‘‘(i) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to permit the Commission to use 
any data submitted by a provider of broadband service 
under this section to issue or establish additional regu-
latory requirements with respect to that provider.’’; and 
(2) in section 802(c) (47 U.S.C. 642(c))— 
(A) in paragraph (1)(A)— 
(i) in clause (i), by striking ‘‘and’’ at 
the end; 
(ii) in clause (ii), by adding ‘‘and’’ 
after the semicolon at the end; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(iii) the areas of the United States in 
which options described in section 14(f)(2) 
are available;’’; 
(B) in paragraph (5), by striking ‘‘and’’ at 
the end; 
(C) in paragraph (6)— 
(i) in the matter preceding subpara-
graph (A), by inserting ‘‘, including on a 
publicly available website’’ after ‘‘make 
public’’; 
VerDate Sep 11 2014 
18:39 Nov 06, 2020
Jkt 019200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H8650.IH
H8650
pamtmann on DSKBC07HB2PROD with BILLS
(ii) in subparagraph (A), by striking 
‘‘and’’ at the end; and 
(iii) in subparagraph (B), by striking 
the period at the end and inserting ‘‘; 
and’’; and 
(D) by adding at the end the following: 
‘‘(7) beginning not later than 18 months after 
the date of enactment of the Eliminate the Digital 
Divide Act, ensure that the publicly available website 
described in paragraph (6)— 
‘‘(A) allows a consumer to determine, 
based on financial information entered by the 
consumer, whether the consumer is eligible— 
‘‘(i) to receive a Federal or State sub-
sidy with respect to broadband internet ac-
cess service; or 
‘‘(ii) to qualify for a low-income plan 
with respect to broadband internet access 
service; and 
‘‘(B) with respect to a consumer who is eli-
gible under clause (i) or (ii) of subparagraph 
(A), contains information regarding how to 
apply for the applicable benefit.’’. 
(b) DIRECT APPROPRIATION.—There is appropriated 
to the Federal Communications Commission, out of any 
VerDate Sep 11 2014 
18:39 Nov 06, 2020
Jkt 019200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H8650.IH
H8650
pamtmann on DSKBC07HB2PROD with BILLS
money in the Treasury not otherwise appropriated, 
$10,000,000,000 for fiscal year 2021 to carry out section 
14 of the Communications Act of 1934, as added by sub-
section (a)(1), which shall remain available through fiscal 
year 2029. 
Æ 
VerDate Sep 11 2014 
18:39 Nov 06, 2020
Jkt 019200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6301
E:\BILLS\H8650.IH
H8650
pamtmann on DSKBC07HB2PROD with BILLS