187 
‘‘(B) provide an opportunity for commercial 
enterprises to bid to provide such capability or 
service during the 30-day period following publi-
cation of the notice. 
‘‘(2) NOTICE REQUIREMENTS.—The public pro-
vider shall include in the notice required by para-
graph (1) a description of the proposed scope of the 
advanced telecommunications capability or any serv-
ice that utilizes the advanced telecommunications ca-
pability provided by such public provider to be pro-
vided, including— 
‘‘(A) the services to be provided (including 
network capabilities); 
‘‘(B) the coverage area; 
‘‘(C) service tiers and pricing; and 
‘‘(D) any proposal for providing advanced 
telecommunications capability or any service 
that utilizes the advanced telecommunications 
capability provided by such public provider to 
low-income areas, or other demographically or 
geographically defined areas. 
‘‘(3) PUBLIC NOTICE AND INPUT ON PROPOSED 
PROJECTS.— 
‘‘(A) IN GENERAL.—Each public provider 
shall— 
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188 
‘‘(i) publish notice of each proposal to 
provide advanced telecommunications capa-
bility or any service that utilizes the ad-
vanced telecommunications capability pro-
vided by such public provider to the public 
by a commercial enterprise under para-
graph (1)(B); and 
‘‘(ii) provide local citizens in the juris-
diction of that public provider and such 
commercial enterprises with information on 
the specifics of each such project, includ-
ing— 
‘‘(I) the cost to taxpayers, and the 
benefits of, the proposed public pro-
vider project; and 
‘‘(II) any potential alternatives to 
the proposed public provider project, 
including any public-private partner-
ships. 
‘‘(B) 30-DAY PERIOD.—In order to provide 
local citizens and commercial enterprises with 
an adequate opportunity to be informed, a pub-
lic provider shall provide additional notice re-
questing that any public comments on the pro-
posed public provider project be filed not later 
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bajohnson on PROD1PC77 with BILLS
189 
than 30 days after the date of publication of the 
notice required under subparagraph (A). 
‘‘(4) APPROVAL PROCESS.—If a public provider 
decides to proceed with its own project to provide ad-
vanced telecommunications capability or any service 
that utilizes the advanced telecommunications capa-
bility provided by such public provider to the public 
despite bids by commercial enterprises received in ac-
cordance with paragraph (1)(B), such public provider 
shall authorize that project by whatever process typi-
cally would be utilized by such public provider to ap-
prove projects of comparable cost in the jurisdiction 
of such public provider. 
‘‘(5) APPLICATION TO EXISTING ARRANGEMENTS 
AND PENDING PROPOSALS.—This subsection does not 
apply to— 
‘‘(A) any contract or other arrangement 
under which a public provider is providing or 
upgrading advanced telecommunications capa-
bility or any service that utilizes the advanced 
telecommunications capability provided by such 
public provider to the public as of April 20, 
2006; or 
‘‘(B) any public provider proposal to pro-
vide advanced communications capability or any 
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190 
service that utilizes the advanced telecommuni-
cations capability provided by such public pro-
vider to the public that, as of April 20, 2006— 
‘‘(i) is in the request-for-proposals 
process; 
‘‘(ii) is in the process of being built; or 
‘‘(iii) has been approved by referendum 
but is the subject of a lawsuit brought before 
March 1, 2006. 
‘‘(g) NO RECEIPT
OF FEDERAL FUNDS.—If any 
project to provide advanced telecommunications capability 
or any service that utilizes the advanced telecommuni-
cations capability provided by a public provider under this 
section fails whether due to bankruptcy, insufficient funds, 
or any other reason, no Federal funds may be provided to 
such public provider to assist such public provider in main-
taining, reviving, or renewing such project, except if such 
failure occurred in any jurisdiction that is subject to a dec-
laration by the President of a major disaster, as defined 
under section 102 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5122). 
‘‘(h) TEMPORARY
SERVICES
DURING
STATES
OF 
EMERGENCY.—Nothing in subsections (c) through (g) shall 
preclude a public provider from— 
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191 
‘‘(1) immediately deploying a temporary ad-
vanced telecommunications capability or any service 
that utilizes the advanced telecommunications capa-
bility provided by such public provider to the public 
during a state of emergency declared by the President 
or the Governor of the State in which such public pro-
vider is located; and 
‘‘(2) continuing the operation of such capability 
or service until the emergency situation is resolved.’’; 
and 
(3) by adding at the end of subsection (i), as re-
designated, the following: 
‘‘(3) PUBLIC PROVIDER.—The term ‘public pro-
vider’ means— 
‘‘(A) a State or political subdivision thereof; 
‘‘(B) any agency, authority, or instrumen-
tality of a State or political subdivision thereof; 
‘‘(C) an Indian tribe (as defined in section 
4(e) of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450b(e)); or 
‘‘(D) any entity that is owned, controlled, 
or otherwise affiliated with a State, political 
subdivision thereof, agency, authority, or instru-
mentality, or Indian tribe.’’. 
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