I 
117TH CONGRESS 
1ST SESSION H. R. 2183 
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 
MARCH 23, 2021 
Mr. WILLIAMS of Texas (for himself and Mr. COOPER) 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 of 2021’’. 
VerDate Sep 11 2014 
01:04 May 21, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2183.IH
H2183
pbinns on DSKJLVW7X2PROD 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 
01:04 May 21, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2183.IH
H2183
pbinns on DSKJLVW7X2PROD 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 unserved area in which the cost of 
building out broadband service is higher, as com-
pared with the average such cost in the United 
States (and as determined by the Commission), be-
cause of— 
‘‘(A) the remote location of the area; 
‘‘(B) the population density of 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. 
VerDate Sep 11 2014 
01:04 May 21, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2183.IH
H2183
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(5) LOCATION.—The term ‘location’ has the 
meaning given the term by the Commission under 
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— 
‘‘(A) is of a standard size, as established 
by the Commission; and 
‘‘(B) as determined in accordance with the 
maps created under section 802(c)(1)— 
‘‘(i) has no access to broadband serv-
ice; or 
‘‘(ii) 
does 
not 
have 
access 
to 
broadband service offered— 
‘‘(I) with a download speed of at 
least 25 megabits per second and an 
upload speed of at least 3 megabits 
per second; or 
‘‘(II) with download and upload 
speeds that are established as bench-
VerDate Sep 11 2014 
01:04 May 21, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2183.IH
H2183
pbinns on DSKJLVW7X2PROD with BILLS
marks by the Commission after the 
date of enactment of this section. 
‘‘(b) PROGRAM ESTABLISHED.— 
‘‘(1) IN GENERAL.—Not later than 100 days 
after the date of enactment of this section, or the 
date on which the maps created under section 
802(c)(1) are made public, whichever is later, the 
Commission shall establish a program for States to 
expand access to broadband service in unserved 
areas. 
‘‘(2) RELATIONSHIP TO UNIVERSAL SERVICE.— 
The program established under paragraph (1) shall 
be separate from any universal service program es-
tablished under section 254. 
‘‘(c) STATE PROGRAM REQUIREMENTS.—A State 
seeking funding under the program established under sub-
section (b) shall create a program that— 
‘‘(1) implements the requirements of this sec-
tion; 
‘‘(2) does not favor the use of any particular 
technology or any particular eligible entity; 
‘‘(3) encourages all eligible entities, including 
small broadband providers, to participate in the pro-
gram through streamlined regulatory requirements 
for all broadband funding partners; 
VerDate Sep 11 2014 
01:04 May 21, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2183.IH
H2183
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(4) takes into account— 
‘‘(A) the size and scope of each unserved 
area, and the number of locations, proposed to 
be served by each project carried out using the 
funds; 
‘‘(B) the speed of the broadband service 
provided by eligible entities seeking funding for 
projects under the program; and 
‘‘(C) the ability of the eligible entities that 
would receive funding for projects under the 
program to complete the proposed deployment 
and provision of broadband service under those 
projects in the areas served by the projects; 
‘‘(5) may take into account— 
‘‘(A) the size and proportion of the match-
ing funds proposed to be committed by the eli-
gible entities seeking funding for projects under 
the program, which may not be provided from 
any funds derived from government grants, 
loans, or subsidies; 
‘‘(B) the speed with which the eligible enti-
ties seeking funding for projects under the pro-
gram can complete the proposed deployment 
and provision of broadband service to house-
holds under those projects, which may include 
VerDate Sep 11 2014 
01:04 May 21, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2183.IH
H2183
pbinns on DSKJLVW7X2PROD with BILLS
a review of the topographical effects on the 
areas being served those projects as a result of 
the technology to be deployed under those 
projects; and 
‘‘(C) whether an eligible entity seeking 
funding for a project under the program has 
the ability to leverage nearby or adjacent 
broadband service provided by the eligible entity 
to facilitate the deployment and provision of 
broadband service proposed under that project; 
‘‘(6) establishes— 
‘‘(A) periodic buildout milestones, report-
ing 
requirements, 
and 
certification 
by 
broadband funding partners; and 
‘‘(B) a maximum buildout timeframe for a 
broadband funding partner of 3 years, begin-
ning on the date on which funding is provided 
to the broadband funding partner to undertake 
a project, except that the State may extend that 
timeframe if the broadband funding partner es-
tablishes that the failure to complete the project 
within that timeframe is due to— 
‘‘(i) delays by third parties, including 
governmental entities, in providing nec-
VerDate Sep 11 2014 
01:04 May 21, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2183.IH
H2183
pbinns on DSKJLVW7X2PROD with BILLS
essary permits, approvals, or access 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 expedited ap-
proval for all 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; 
VerDate Sep 11 2014 
01:04 May 21, 2021
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2183.IH
H2183
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(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 and the rules of the Commission, with-
out 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, 
or the date on which the maps created under 
section 802(c)(1) are made public, whichever is 
later, the Commission, under the program es-
tablished under subsection (b), and in accord-
ance with the requirements of this section, 
VerDate Sep 11 2014 
01:04 May 21, 2021
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2183.IH
H2183
pbinns on DSKJLVW7X2PROD with BILLS
shall, with respect to the amounts made avail-
able 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: 
‘‘(A) Divide the number of locations in 
unserved areas in the State by the total number 
VerDate Sep 11 2014 
01:04 May 21, 2021
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2183.IH
H2183
pbinns on DSKJLVW7X2PROD with BILLS
of locations in unserved areas in the United 
States, as determined in accordance 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— 
‘‘(i) use any portion of those funds for 
a project in any area that is not an 
unserved area; or 
VerDate Sep 11 2014 
01:04 May 21, 2021
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2183.IH
H2183
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(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— 
‘‘(aa) in the Rural Digital 
Opportunity Fund Phase I auc-
tion provided for in the Report 
and Order in the matter of Rural 
Digital Opportunity Fund and 
Connect America Fund adopted 
by the Commission on January 
30, 2020 (FCC 20–5); or 
VerDate Sep 11 2014 
01:04 May 21, 2021
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2183.IH
H2183
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(bb) under subpart D of 
part 54 of title 47, Code of Fed-
eral Regulations, or any suc-
cessor regulations; 
‘‘(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; 
VerDate Sep 11 2014 
01:04 May 21, 2021
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H2183.IH
H2183
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(iii) establish a streamlined process 
that allows a broadband service provider, 
the State, or a unit of local government 
within the State not less than 30 days 
after the date on which the list created 
under clause (i), as updated under clause 
(ii), is made publicly available to bring a 
challenge regarding whether an area on 
that final list is an unserved area; 
‘‘(iv) provide a written notice regard-
ing how each challenge brought under 
clause (iii) was decided, including the rea-
sons for that decision; 
‘‘(v) update the list created under 
clause (i) to reflect the results of chal-
lenges brought under clause (iii); 
‘‘(vi) not later than 10 years after the 
date of enactment of this section, return 
any unused portion of those funds to the 
Commission; and 
‘‘(vii) not later than 2 years after the 
date on which the funds are distributed to 
the State, and biennially thereafter, submit 
to the Commission a report— 
VerDate Sep 11 2014 
01:04 May 21, 2021
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H2183.IH
H2183
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(I) regarding how the State 
spent those funds during the period 
covered by the report, which shall in-
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 
VerDate Sep 11 2014 
01:04 May 21, 2021
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H2183.IH
H2183
pbinns on DSKJLVW7X2PROD with BILLS
publicly available website of the State a report that ana-
lyzes the following: 
‘‘(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 
VerDate Sep 11 2014 
01:04 May 21, 2021
Jkt 019200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H2183.IH
H2183
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(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. 
‘‘(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-
VerDate Sep 11 2014 
01:04 May 21, 2021
Jkt 019200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H2183.IH
H2183
pbinns on DSKJLVW7X2PROD with BILLS
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-
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)— 
VerDate Sep 11 2014 
01:04 May 21, 2021
Jkt 019200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H2183.IH
H2183
pbinns on DSKJLVW7X2PROD with BILLS
(i) in the matter preceding subpara-
graph (A), by inserting ‘‘, including on a 
publicly available website,’’ after ‘‘make 
public’’; and 
(ii) 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 of 2021, ensure that the publicly avail-
able 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.’’. 
VerDate Sep 11 2014 
01:04 May 21, 2021
Jkt 019200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H2183.IH
H2183
pbinns on DSKJLVW7X2PROD with BILLS
(b) DIRECT APPROPRIATION.—There is appropriated 
to the Federal Communications Commission, out of any 
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 2030. 
Æ 
VerDate Sep 11 2014 
01:04 May 21, 2021
Jkt 019200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6301
E:\BILLS\H2183.IH
H2183
pbinns on DSKJLVW7X2PROD with BILLS