101 
simultaneous, real-time, interactive applications, 
are not used in the same areas. 
‘‘(c) PROGRAM REQUIREMENTS.— 
‘‘(1) TECHNOLOGY NEUTRALITY REQUIRED.— 
The entity administering a system of competitive 
bidding (either a State or the Commission) in mak-
ing awards may not favor a project using any par-
ticular technology. 
‘‘(2) GIGABIT
PERFORMANCE
FUNDING.—The 
Commission shall reserve 20 percent of the amounts 
to be awarded by the Commission under subsection 
(b)(1), and each State shall reserve 20 percent of 
the amounts distributed to such State under sub-
section (b)(2), for bidders committing (with respect 
to any particular project by such a bidder) to offer, 
not later than the date that is 4 years after the date 
on which funding is provided under this section for 
such project— 
‘‘(A) broadband service with a download 
speed of at least 1 gigabit per second, an 
upload speed of at least 1 gigabit per second, 
and latency that is sufficiently low to allow mul-
tiple, simultaneous, real-time, interactive appli-
cations; or 
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‘‘(B) in the case of a project to provide 
broadband service to an unserved anchor insti-
tution, broadband service with a download 
speed of at least 10 gigabits per second per 
1,000 users, an upload speed of at least 10 gig-
abits per second per 1,000 users, and latency 
that is sufficiently low to allow multiple, simul-
taneous, real-time, interactive applications. 
‘‘(3) SYSTEM OF COMPETITIVE BIDDING PROC-
ESS.—The entity administering a system of competi-
tive bidding (either a State or the Commission) shall 
structure the system of competitive bidding process 
to— 
‘‘(A) first hold a system of competitive bid-
ding only for bidders committing (with respect 
to any particular project by such a bidder) to 
offer, not later than the date that is 4 years 
after the date on which funding is provided 
under this section for such project— 
‘‘(i) 
broadband 
service 
with 
a 
download speed of at least 1 gigabit per 
second, an upload speed of at least 1 gig-
abit per second, and latency that is suffi-
ciently low to allow multiple, simultaneous, 
real-time, interactive applications; or 
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‘‘(ii) in the case of a project to pro-
vide broadband service to an unserved an-
chor institution, broadband service with a 
download speed of at least 10 gigabits per 
second per 1,000 users, an upload speed of 
at least 10 gigabits per second per 1,000 
users, and latency that is sufficiently low 
to allow multiple, simultaneous, real-time, 
interactive applications; and 
‘‘(B) after holding the system of competi-
tive bidding required by subparagraph (A), hold 
one or more systems of competitive bidding, in 
areas not receiving awards under subparagraph 
(A), to award funds for projects in areas that 
are estimated to remain unserved areas, areas 
with low-tier service, or (to the extent permitted 
under this section) areas with mid-tier service, 
or (to the extent permitted under this section) 
for projects to offer broadband service to an-
chor institutions that are estimated to remain 
unserved anchor institutions, after the comple-
tion of the projects for which funding is award-
ed under the system of competitive bidding re-
quired by subparagraph (A) or any previous 
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system of competitive bidding under this sub-
paragraph. 
‘‘(4) FUNDS
PRIORITY
PREFERENCE.—There 
shall be a preference in a system of competitive bid-
ding for projects that would expand access to 
broadband service in areas where at least 90 percent 
of the population has no access to broadband service 
or does not have access to broadband service offered 
with a download speed of at least 25 megabits per 
second, with an upload speed of at least 3 megabits 
per second, and with latency that is sufficiently low 
to allow multiple, simultaneous, real-time, interactive 
applications. Such projects shall be given priority in 
such system of competitive bidding over all other 
projects, regardless of how many preferences under 
paragraph (5) for which such other projects qualify. 
‘‘(5) FUNDS PREFERENCE.—There shall be a 
preference in a system of competitive bidding, as de-
termined by the entity administering the system of 
competitive bidding (either a State or the Commis-
sion), for any of the following projects: 
‘‘(A) Projects with at least 20 percent 
matching funds from non-Federal sources. 
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‘‘(B) Projects that would expand access to 
broadband service on Tribal lands, as defined 
by the Commission. 
‘‘(C) 
Projects 
that 
would 
provide 
broadband service with higher speeds than 
those specified in subsection (d)(2), except in 
the case of funds awarded under subparagraph 
(A) of paragraph (3). 
‘‘(D) Projects that would expand access to 
broadband service in advance of the time speci-
fied in subsection (e)(5), except in the case of 
funds awarded under subparagraph (A) of 
paragraph (3). 
‘‘(E) Projects that would expand access to 
broadband service to persistent poverty counties 
or high-poverty areas at subsidized rates. 
‘‘(F) Projects that, at least until the date 
that is 10 years after the date of the enactment 
of this section, would provide broadband service 
with comparable speeds to those provided in 
areas that, on the day before such date of en-
actment, were not unserved areas, areas with 
low-tier service, or areas with mid-tier service, 
with minimal future investment. 
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‘‘(G) Projects with support from the local 
community, demonstrated by at least one letter 
of support from local elected officials in the 
community. 
‘‘(H) Projects that would provide for the 
deployment of open-access broadband service 
networks. 
‘‘(6) UNSERVED AREAS AND AREAS WITH LOW- 
TIER OR MID-TIER SERVICE.—In determining wheth-
er an area is an unserved area, an area with low- 
tier service, or an area with mid-tier service or 
whether an anchor institution is an unserved anchor 
institution for any system of competitive bidding au-
thorized under this section, the Commission shall 
implement the following requirements through the 
rulemaking described in subsection (e): 
‘‘(A) DATA
FOR
INITIAL
DETERMINA-
TION.—To make an initial determination as to 
whether an area is an unserved area, an area 
with low-tier service, or an area with mid-tier 
service or whether an anchor institution is an 
unserved anchor institution, the Commission 
shall— 
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‘‘(i) use the most accurate and granu-
lar data on the map created by the Com-
mission under section 802(c)(1)(B); 
‘‘(ii) refine the data described in 
clause (i) by using— 
‘‘(I) other data on access to 
broadband service obtained or pur-
chased by the Commission; 
‘‘(II) other publicly available data 
or information on access to broadband 
service; and 
‘‘(III) other publicly available 
data 
or 
information 
on 
State 
broadband service deployment pro-
grams; and 
‘‘(iii) not determine an area is not an 
unserved area, an area with low-tier serv-
ice, or an area with mid-tier service, on the 
basis that one location within such area 
does not meet the definition of an unserved 
area, an area with low-tier service, or an 
area with mid-tier service. 
‘‘(B) 
INITIAL
DETERMINATION.—The 
Commission shall make an initial determination 
of the areas that are unserved areas, areas with 
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sonably prudent person may easily partici-
pate to challenge such initial determination 
with little burden on such person. 
‘‘(D) FINAL DETERMINATION.—The Com-
mission shall make a final determination of the 
areas that are unserved areas, areas with low- 
tier service, or areas with mid-tier service and 
which anchor institutions are unserved anchor 
institutions within 1 year after the date of the 
enactment of this section. 
‘‘(7) 
NOTICE, 
TRANSPARENCY, 
ACCOUNT-
ABILITY, AND OVERSIGHT REQUIRED.—The program 
shall contain sufficient notice, transparency, ac-
countability, and oversight measures to provide the 
public with notice of the assistance provided under 
this section, and to deter waste, fraud, and abuse of 
program funds. 
‘‘(8) COMPETENCE.— 
‘‘(A) STANDARDS.—The Commission shall 
establish, through the rulemaking described in 
subsection (e), objective standards to determine 
that each provider of broadband service seeking 
to participate in a system of competitive bid-
ding— 
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110 
‘‘(i) is capable of carrying out the 
project in a competent manner in compli-
ance with all applicable Federal, State, and 
local laws; 
‘‘(ii) has the financial capacity to 
meet the buildout obligations of the project 
and requirements as set forth under this 
section and as may be further prescribed 
by the Commission; and 
‘‘(iii) has the technical and oper-
ational capability to provide broadband 
services in the manner contemplated by the 
provider’s bid in the system of competitive 
bidding, including a detailed consideration 
of the provider’s prior performance in de-
livering services as contemplated in the bid 
and the capabilities of the provider’s pro-
posed network to deliver the contemplated 
services in the area in question. 
‘‘(B) DETERMINATIONS REGARDING PRO-
VIDERS.—An entity administering a system of 
competitive bidding (either a State or the Com-
mission) may not permit a provider of 
broadband service to participate in the system 
of competitive bidding unless the entity first de-
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111 
termines, after notice and an opportunity for 
public comment, that the provider meets the 
standards established under subparagraph (A). 
‘‘(9) CONTRACTING REQUIREMENTS.—All labor-
ers and mechanics employed by contractors or sub-
contractors in the performance of construction, al-
teration, or repair work carried out, in whole or in 
part, with assistance made available under this sec-
tion shall be paid wages at rates not less than those 
prevailing on projects of a similar character in the 
locality as determined by the Secretary of Labor in 
accordance with subchapter IV of chapter 31 of title 
40, United States Code. With respect to the labor 
standards in this paragraph, the Secretary of Labor 
shall have the authority and functions set forth in 
Reorganization Plan Numbered 14 of 1950 (64 Stat. 
1267; 5 U.S.C. App.) and section 3145 of title 40, 
United States Code. 
‘‘(10) RULE OF CONSTRUCTION REGARDING EN-
VIRONMENTAL LAWS.—Nothing in this section shall 
be construed to affect— 
‘‘(A) the Clean Air Act (42 U.S.C. 7401 et 
seq.); 
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‘‘(B) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.; commonly referred 
to as the ‘Clean Water Act’); 
‘‘(C) the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.); 
‘‘(D) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); 
‘‘(E) the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.; commonly referred to as 
the ‘Resource Conservation and Recovery Act’); 
or 
‘‘(F) any State or local law that is similar 
to a law listed in subparagraphs (A) through 
(E). 
‘‘(11) REFERRAL OF ALLEGED VIOLATIONS OF 
APPLICABLE
FEDERAL
LABOR
AND
EMPLOYMENT 
LAWS.—The Commission shall refer any alleged vio-
lation of an applicable labor and employment law to 
the appropriate Federal agency for investigation and 
enforcement, and any alleged violation of paragraph 
(9) or (12) to the National Labor Relations Board 
for investigation and enforcement, utilizing all ap-
propriate remedies up to and including debarment 
from the program. 
‘‘(12) LABOR ORGANIZATION.— 
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113 
‘‘(A) IN
GENERAL.—Notwithstanding the 
National Labor Relations Act (29 U.S.C. 151 
et seq.), subparagraphs (B) through (F) shall 
apply with respect to any funding recipient who 
is an employer and any labor organization who 
represents employees of a funding recipient. 
‘‘(B) 
NEUTRALITY
REQUIREMENT.—An 
employer shall remain neutral with respect to 
the exercise of employees and labor organiza-
tions of the right to organize and bargain under 
the National Labor Relations Act (29 U.S.C. 
151 et seq.). 
‘‘(C) COMMENCEMENT
OF
COLLECTIVE 
BARGAINING.—Not later than 10 days after re-
ceiving a written request for collective bar-
gaining from a labor organization that has been 
newly recognized or certified as a representative 
under section 9(a) of the National Labor Rela-
tions Act (29 U.S.C. 159(a)), or within such 
further period as the parties agree upon, the 
parties shall meet and commence to bargain 
collectively and shall make every reasonable ef-
fort to conclude and sign a collective bargaining 
agreement. 
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‘‘(D) MEDIATION AND CONCILIATION FOR 
FAILURE TO REACH A COLLECTIVE BARGAINING 
AGREEMENT.— 
‘‘(i) IN GENERAL.—If the parties have 
failed to reach an agreement before the 
date that is 90 days after the date on 
which bargaining is commenced under sub-
paragraph (C), or any later date agreed 
upon by both parties, either party may no-
tify the Federal Mediation and Conciliation 
Service of the existence of a dispute and 
request mediation. 
‘‘(ii) FEDERAL MEDIATION AND CON-
CILIATION SERVICE.—Whenever a request 
is received under clause (i), the Director of 
the Federal Mediation and Conciliation 
Service shall promptly communicate with 
the parties and use best efforts, by medi-
ation and conciliation, to bring them to 
agreement. 
‘‘(E) TRIPARTITE ARBITRATION PANEL.— 
‘‘(i) IN GENERAL.—If the Federal Me-
diation and Conciliation Service is not able 
to bring the parties to agreement by medi-
ation or conciliation before the date that is 
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115 
30 days after the date on which such medi-
ation or conciliation is commenced, or any 
later date agreed upon by both parties, the 
Service shall refer the dispute to a tri-
partite arbitration panel established in ac-
cordance with such regulations as may be 
prescribed by the Service, with one mem-
ber selected by the labor organization, one 
member selected by the employer, and one 
neutral member mutually agreed to by the 
parties. 
‘‘(ii) DISPUTE SETTLEMENT.—A ma-
jority of the tripartite arbitration panel 
shall render a decision settling the dispute 
and such decision shall be binding upon 
the parties for a period of two years, un-
less amended during such period by writ-
ten consent of the parties. Such decision 
shall be based on— 
‘‘(I) the employer’s financial sta-
tus and prospects; 
‘‘(II) the size and type of the em-
ployer’s operations and business; 
‘‘(III) the employees’ cost of liv-
ing; 
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116 
‘‘(IV) the employees’ ability to 
sustain themselves, their families, and 
their dependents on the wages and 
benefits they earn from the employer; 
and 
‘‘(V) the wages and benefits that 
other employers in the same business 
provide their employees. 
‘‘(F) PROHIBITION
ON
SUBCONTRACTING 
FOR CERTAIN PURPOSES.—A funding recipient 
may not engage in subcontracting for the pur-
pose of circumventing the terms of a collective 
bargaining agreement with respect to wages, 
benefits, or working conditions. 
‘‘(G) PARTIES
DEFINED.—In this para-
graph, the term ‘parties’ means a labor organi-
zation that is newly recognized or certified as a 
representative under section 9(a) of the Na-
tional Labor Relations Act (29 U.S.C. 159(a)) 
and the employer of the employees represented 
by such organization. 
‘‘(d) PROJECT REQUIREMENTS.—Any project funded 
through the program shall meet the following require-
ments: 
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117 
‘‘(1) The project shall adhere to quality-of-serv-
ice standards as established by the Commission. 
‘‘(2) Except as provided in paragraphs (2) and 
(3) of subsection (c), the project shall offer 
broadband service with a download speed of at least 
100 megabits per second, an upload speed of at least 
100 megabits per second, and latency that is suffi-
ciently low to allow multiple, simultaneous, real-time, 
interactive applications. 
‘‘(3) The project shall offer broadband service 
at prices that are comparable to, or lower than, the 
prices charged for comparable levels of service in 
areas that were not unserved areas, areas with low- 
tier service, or areas with mid-tier service on the day 
before the date of the enactment of this section. 
‘‘(4) For any project that involves laying fiber- 
optic cables along a roadway, the project shall in-
clude interspersed conduit access points at regular 
and short intervals. 
‘‘(5) The project shall incorporate prudent cy-
bersecurity and supply chain risk management prac-
tices, as specified by the Commission through the 
rulemaking described in subsection (e), in consulta-
tion with the Director of the National Institute of 
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118 
Standards and Technology and the Assistant Sec-
retary. 
‘‘(6) The project shall incorporate best prac-
tices, as defined by the Commission, for ensuring re-
liability and resiliency of the network during disas-
ters. 
‘‘(7) Any funding recipient must agree to have 
the project meet the requirements established under 
section 224, as if the project were classified as a 
‘utility’ under such section. The preceding sentence 
shall not apply to those entities or persons excluded 
from the definition of the term ‘utility’ by the second 
sentence of subsection (a)(1) of such section. 
‘‘(8) The project shall offer an affordable option 
for a broadband service plan under which broadband 
service is provided— 
‘‘(A) with a download speed of at least 50 
megabits per second; 
‘‘(B) with an upload speed of at least 50 
megabits per second; and 
‘‘(C) with latency that is sufficiently low to 
allow multiple, simultaneous, real-time, inter-
active applications. 
‘‘(e) RULEMAKING AND DISTRIBUTION AND AWARD 
OF FUNDS.—Not later than 180 days after the date of 
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119 
the enactment of this section, the Commission, in con-
sultation with the Assistant Secretary, shall promulgate 
rules— 
‘‘(1) that implement the requirements of this 
section, as appropriate; 
‘‘(2) that establish the design of and rules for 
the national systems of competitive bidding; 
‘‘(3) that establish notice requirements for all 
systems of competitive bidding authorized under this 
section that, at a minimum, provide the public with 
notice of— 
‘‘(A) the initial determination of which 
areas are unserved areas, areas with low-tier 
service, or areas with mid-tier service; 
‘‘(B) the final determination of which 
areas are unserved areas, areas with low-tier 
service, or areas with mid-tier service after the 
process for challenging the initial determination 
has concluded; 
‘‘(C) which entities have applied to bid for 
funding; and 
‘‘(D) the results of any system of competi-
tive bidding, including identifying the funding 
recipients, which areas each project will serve, 
the nature of the service that will be provided 
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122 
spent, along with a certification of compliance with 
the requirements as set forth under this section and 
as may be further prescribed by the Commission, in-
cluding a description of each service provided and 
the number of individuals to whom the service was 
provided. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to the Commission 
$79,500,000,000 for fiscal year 2022 to carry out the pro-
gram, and such amount is authorized to remain available 
through fiscal year 2026. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) AFFORDABLE OPTION.—The term ‘afford-
able option’ means, with respect to a broadband 
service plan, that broadband service is provided 
under such plan at a rate that is determined by the 
Commission, in coordination with the Office of 
Internet Connectivity and Growth, to be affordable 
for a household with an income of 136 percent of 
the poverty threshold, as determined by using cri-
teria of poverty established by the Bureau of the 
Census, for a four-person household that includes 
two dependents under the age of 18. 
‘‘(2) ANCHOR INSTITUTION.—The term ‘anchor 
institution’— 
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‘‘(A) means a public or private school, a li-
brary, a medical or healthcare provider, a mu-
seum, a public safety entity, a public housing 
agency (as defined in section 3(b) of the United 
States Housing Act of 1937 (42 U.S.C. 
1437a(b))), a community college, an institution 
of higher education, a religious organization, or 
any other community support organization or 
agency; and 
‘‘(B) includes any entity described in sub-
paragraph (A) that serves an Indian Tribe, 
tribally designated entity, or Native Hawaiian 
organization. 
‘‘(3) AREA.—The term ‘area’ means the geo-
graphic unit of measurement with the greatest level 
of granularity reasonably feasible for the Commis-
sion to use in making eligibility determinations 
under this section and in meeting the requirements 
and deadlines of this section. 
‘‘(4) AREA
WITH
LOW-TIER
SERVICE.—The 
term ‘area with low-tier service’ means an area 
where at least 90 percent of the population has ac-
cess to broadband service offered— 
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‘‘(A) with a download speed of at least 25 
megabits per second but less than 100 megabits 
per second; 
‘‘(B) with an upload speed of at least 25 
megabits per second but less than 100 megabits 
per second; and 
‘‘(C) with latency that is sufficiently low to 
allow multiple, simultaneous, real-time, inter-
active applications. 
‘‘(5) AREA WITH MID-TIER SERVICE.—The term 
‘area with mid-tier service’ means an area where at 
least 90 percent of the population has access to 
broadband service offered— 
‘‘(A) with a download speed of at least 100 
megabits per second but less than 1 gigabit per 
second; 
‘‘(B) with an upload speed of at least 100 
megabits per second but less than 1 gigabit per 
second; and 
‘‘(C) with latency that is sufficiently low to 
allow multiple, simultaneous, real-time, inter-
active applications. 
‘‘(6) ASSISTANT
SECRETARY.—The term ‘As-
sistant Secretary’ means the Assistant Secretary of 
Commerce for Communications and Information. 
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‘‘(7) 
BROADBAND
SERVICE.—The 
term 
‘broadband service’— 
‘‘(A) means broadband internet access 
service that is a mass-market retail service, or 
a service provided to an anchor institution, 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 
‘‘(C) does not include dial-up internet ac-
cess service. 
‘‘(8) COLLECTIVE BARGAINING.—The term ‘col-
lective bargaining’ means performance of the mutual 
obligation described in section 8(d) of the National 
Labor Relations Act (29 U.S.C. 158(d)). 
‘‘(9) COLLECTIVE BARGAINING AGREEMENT.— 
The term ‘collective bargaining agreement’ means an 
agreement reached through collective bargaining. 
‘‘(10) FUNDING RECIPIENT.—The term ‘fund-
ing recipient’ means an entity that receives funding 
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for a project under this section, which may in-
clude— 
‘‘(A) a private entity, a public-private part-
nership, a cooperative, and a Tribal or munic-
ipal broadband service provider; and 
‘‘(B) a consortium between any of the enti-
ties described in subparagraph (A), including a 
consortium that includes an investor-owned util-
ity. 
‘‘(11) HIGH-POVERTY AREA.—The term ‘high- 
poverty area’ means a census tract with a poverty 
rate of at least 20 percent, as measured by the most 
recent 5-year data series available from the Amer-
ican Community Survey of the Bureau of the Census 
as of the year before the date of the enactment of 
this section. In the case of a territory or possession 
of the United States in which no such data is col-
lected from the American Community Survey of the 
Bureau of the Census as of the year before the date 
of the enactment of this section, such term includes 
a census tract with a poverty rate of at least 20 per-
cent, as measured by the most recent Island Areas 
decennial census of the Bureau of the Census for 
which data is available as of the year before the date 
of the enactment of this section. 
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127 
‘‘(12) INDIAN TRIBE.—The term ‘Indian Tribe’ 
has the meaning given such term in section 4(e) of 
the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 5304(e)). 
‘‘(13) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’— 
‘‘(A) has the meaning given the term in 
section 101 of the Higher Education Act of 
1965 (20 U.S.C. 1001); and 
‘‘(B) includes a postsecondary vocational 
institution. 
‘‘(14) LABOR ORGANIZATION.—The term ‘labor 
organization’ has the meaning given the term in sec-
tion 2 of the National Labor Relations Act (29 
U.S.C. 152). 
‘‘(15) NATIVE HAWAIIAN ORGANIZATION.—The 
term ‘Native Hawaiian organization’ means any or-
ganization— 
‘‘(A) that serves the interests of Native 
Hawaiians; 
‘‘(B) in which Native Hawaiians serve in 
substantive and policymaking positions; 
‘‘(C) that has as a primary and stated pur-
pose the provision of services to Native Hawai-
ians; and 
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‘‘(D) that is recognized for having exper-
tise 
in 
Native 
Hawaiian 
affairs, 
digital 
connectivity, or access to broadband service. 
‘‘(16) PERSISTENT
POVERTY
COUNTY.—The 
term ‘persistent poverty county’ means any county 
with a poverty rate of at least 20 percent, as deter-
mined in each of the 1990 and 2000 decennial cen-
suses and in the Small Area Income and Poverty Es-
timates of the Bureau of the Census for the most re-
cent year for which the Estimates are available. In 
the case of a territory or possession of the United 
States, such term includes any county equivalent 
area in Puerto Rico with a poverty rate of at least 
20 percent, as determined in each of the 1990 and 
2000 decennial censuses and in the most recent 5- 
year data series available from the American Com-
munity Survey of the Bureau of the Census as of 
the year before the date of the enactment of this 
section, or any other territory or possession of the 
United States with a poverty rate of at least 20 per-
cent, as determined in each of the 1990 and 2000 
Island Areas decennial censuses of the Bureau of the 
Census and in the most recent Island Areas decen-
nial census of the Bureau of the Census for which 
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