21st Century Broad­band Deployment Act
Bill: H.R.4825 | Sponsor: Rep. Hudson, Richard (R-NC)
Policy area: Science, Technology, Communications

Summary:
21st Century Broadband Deployment Act
This bill establishes grant programs within the National Telecommunications and Information Administration for partnerships of states, localities, and broadband service providers to carry out projects to expand access to fixed and mobile broadband service in unserved areas identified on specified Federal Communications Commission maps.

To establish broadband expansion grant programs, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``21st Century Broadband Deployment 
Act''.

SEC. 2. BROADBAND EXPANSION GRANT PROGRAM.

    (a) Notification of Creation of Broadband Maps; Data Sharing.--
            (1) In general.--Not later than 3 business days after 
        creating the maps required under section 802(c)(1) of the 
        Communications Act of 1934 (47 U.S.C. 642(c)(1)), the 
        Commission shall notify the Assistant Secretary that such maps 
        have been created.
            (2) Data sharing.--Not less frequently than annually, the 
        Commission shall, through the process established under section 
        802(b)(7) of the Communications Act of 1934 (47 U.S.C. 
        642(b)(7)), provide the Assistant Secretary any data collected 
        by the Commission pursuant to title VIII of such Act.
    (b) Broadband Grant Program.--
            (1) Establishment of grant program; notice of funding 
        opportunity.--The Assistant Secretary shall, not later than 1 
        year after the Assistant Secretary is notified as described in 
        subsection (a)(1)--
                    (A) establish a program to make grants on a 
                competitive basis, from amounts made available to carry 
                out this section, to covered partnerships for covered 
                broadband projects; and
                    (B) publish a Notice of Funding Opportunity in the 
                Federal Register that includes information about such 
                program, including any requirement established by this 
                section.
            (2) Limitation.--The Assistant Secretary may not make a 
        grant under this section before the date that is 1 year after 
        the date on which the Assistant Secretary is notified as 
        described in subsection (a)(1).
            (3) Coordination.--In making a grant award under paragraph 
        (1), in order to avoid overbuilding in areas where Federal 
        funds have already been awarded, the Assistant Secretary shall 
        coordinate with--
                    (A) the Chairman of the Commission;
                    (B) the Secretary of Agriculture; and
                    (C) the Assistant Secretary of Commerce for 
                Economic Development.
            (4) Eligibility requirements.--
                    (A) In general.--To be eligible for a grant under 
                this section, a covered partnership shall submit an 
                application at such time, in such manner, and 
                containing such information as the Assistant Secretary 
                may require, but the application shall, at a minimum, 
                include a description of--
                            (i) the covered partnership submitting the 
                        application under this subsection;
                            (ii) the covered broadband project to be 
                        funded by the grant, including the speed or 
                        speeds at which the covered partnership plans 
                        to offer broadband service under the project;
                            (iii) the cost of the covered broadband 
                        project to be funded by the grant, including--
                                    (I) a description of how the 
                                required construction will be funded;
                                    (II) all estimated project costs 
                                for all facilities that are required to 
                                complete the project, including the 
                                costs of upgrading, replacing, or 
                                otherwise modifying the existing 
                                facilities to expand coverage or meet 
                                performance requirements;
                                    (III) a description of how grant 
                                funds will be used in combination with 
                                other funds to support the broadband 
                                service project;
                                    (IV) in the case of a broadband 
                                service project that will be partially 
                                supported by loans, financial 
                                projections demonstrating that the 
                                covered partnership can cover the 
                                necessary debt service payments over 
                                the life of any loan; and
                                    (V) financial projections 
                                demonstrating that the covered 
                                partnership will remain financially 
                                stable at the conclusion of the grant 
                                award;
                            (iv) the area to be served by the covered 
                        broadband project (in this section referred to 
                        as the ``proposed service area'');
                            (v) how the State, political subdivision, 
                        or political subdivisions in the covered 
                        partnership chose which provider of broadband 
                        service to enter into a partnership with for 
                        the purposes of applying for a grant under this 
                        section; and
                            (vi) any support provided to the provider 
                        of broadband service that is in the covered 
                        partnership through--
                                    (I) any grant, loan, or loan 
                                guarantee provided by a State to the 
                                provider of broadband service for the 
                                deployment of broadband service in the 
                                proposed service area;
                                    (II) any grant, loan, or loan 
                                guarantee with respect to the proposed 
                                service area provided by the Secretary 
                                of Agriculture under title VI of the 
                                Rural Electrification Act of 1936 (7 
                                U.S.C. 950bb et seq.), including the 
                                Broadband Grants, Loans, and Loan 
                                Guarantees program, the Community 
                                Connect Programs, and the ReConnect 
                                Pilot Program;
                                    (III) any high-cost universal 
                                service support provided under section 
                                254 of the Communications Act of 1934 
                                (47 U.S.C. 254);
                                    (IV) any grant provided under 
                                section 6001 of the American Recovery 
                                and Reinvestment Act of 2009 (47 U.S.C. 
                                1305);
                                    (V) the Education Stabilization 
                                Fund under title VIII of division B of 
                                the CARES Act (Public Law 116-136);
                                    (VI) any grant, loan, or loan 
                                guarantee provided by the Federal 
                                Government for the provision of 
                                broadband service; or
                                    (VII) any legally enforceable 
                                broadband deployment obligations to 
                                which the provider of broadband service 
                                is subject in the eligible service 
                                area.
                    (B) Requirement to streamline permitting process.--
                            (i) In general.--In order for a covered 
                        partnership to be eligible for a grant under 
                        this section each covered entity may only 
                        charge a fee to consider an application for the 
                        placement, construction, or modification of a 
                        facility for the provision of broadband 
                        service, personal wireless services, or 
                        telecommunications service in the proposed 
                        service area or an application to use a right-
                        of-way or a facility in a right-of-way owned or 
                        managed by that entity for the placement, 
                        construction, or modification of a facility for 
                        the provision of any such service in the 
                        proposed service area, if the fee for 
                        considering such application is--
                                    (I) nondiscriminatory;
                                    (II) publicly disclosed; and
                                    (III) based on actual and direct 
                                costs, such as costs for the review and 
                                processing of such applications.
                            (ii) Covered entity defined.--In this 
                        paragraph, the term ``covered entity'' means--
                                    (I) an entity in the partnership 
                                that is a State or political 
                                subdivision of a State; and
                                    (II) a political subdivision in 
                                which all or part of the proposed 
                                service area is located.
            (5) Priority.--In awarding grants under this section, the 
        Assistant Secretary shall give priority to applications for 
        covered broadband projects as follows (in decreasing order of 
        priority):
                    (A) Covered broadband projects designed to provide 
                broadband service to the greatest number of households 
                in an eligible service area.
                    (B) Covered broadband projects designed to provide 
                broadband service in an eligible service area that is 
                wholly within any area other than--
                            (i) a county, city, or town that has a 
                        population of greater than 50,000 inhabitants; 
                        and
                            (ii) the urbanized area contiguous and 
                        adjacent to such a city or town.
                    (C) Covered broadband projects that are most cost-
                effective, prioritizing such areas that are most rural.
                    (D) Covered broadband projects designed to provide 
                broadband service with a download speed of at least 100 
                megabits per second and an upload speed of at least 20 
                megabits per second.
                    (E) Any other covered broadband project that meets 
                the requirements of this section.
            (6) Federal contribution.--The amount of any grant provided 
        to a covered partnership under this section may not exceed 75 
        percent of the total cost of the covered broadband project.
            (7) Grant conditions.--
                    (A) Requirements.--As a condition of receiving a 
                grant under this section for a covered broadband 
                project that involves placing facilities along a 
                roadway, the Assistant Secretary shall require the 
                covered partnership receiving the grant to include 
                consistent access points to allow access to such 
                facilities, in accordance with any best practices 
                established by the Commission regarding the placement 
                of conduit access points.
                    (B) Prohibitions.--As a condition of receiving a 
                grant under this section, the Assistant Secretary shall 
                prohibit--
                            (i) a provider of broadband service that is 
                        in the covered partnership receiving the grant 
                        under this section--
                                    (I) from using grant amounts 
                                provided under this section to repay, 
                                or make any other payment relating to, 
                                a loan made by any public or private 
                                lender;
                                    (II) from using grant amounts 
                                provided under this section as 
                                collateral for a loan made by any 
                                public or private lender; and
                                    (III) from using more than $75,000 
                                of grant amounts provided under this 
                                section to pay for the preparation of 
                                an application for a grant under this 
                                section; and
                            (ii) a State, or a political subdivision of 
                        the State, that is in the covered partnership 
                        receiving the grant under this section from, 
                        after accepting a grant under this section 
                        offering broadband service.
                    (C) Nondiscrimination.--The Assistant Secretary may 
                not require a provider of broadband service that is in 
                an eligible partnership to be designated as an eligible 
                telecommunications carrier pursuant to section 214(e) 
                of the Communications Act of 1934 (47 U.S.C. 214(e)) to 
                be eligible to receive a grant under this section or as 
                a condition of receiving a grant under this section.
            (8) Build-out, notification, and accountability 
        requirement.--
                    (A) In general.--The Assistant Secretary shall 
                establish build-out, accountability, and (in accordance 
                with paragraph (8)) reporting requirements for covered 
                partnerships that receive grants under this section, 
                including, for each covered partnership that receives a 
                grant under this section, milestones for the deployment 
                of broadband service under the covered broadband 
                project funded by the grant.
                    (B) Notification to commission.--Upon establishing 
                a build-out, accountability, or reporting requirement 
                under subparagraph (A), the Assistant Secretary shall 
                transmit to the Commission a notification describing 
                such requirement.
                    (C) Penalty.--If a covered partnership fails to 
                meet a build out requirement under subparagraph (A), 
                the Assistant Secretary shall--
                            (i) recover any funds made available to the 
                        covered partnership; and
                            (ii) assess a covered partnership (to be 
                        split equally among each entity in the 
                        partnership) a fine of not less than 50 percent 
                        of the funds made available to the covered 
                        partnership.
            (9) Reporting requirements.--
                    (A) In general.--A covered partnership that 
                receives a grant under this section shall--
                            (i) semiannually submit to the Assistant 
                        Secretary a certification that identifies the 
                        areas for which broadband service has been 
                        deployed under the covered broadband project 
                        funded by the grant, to assess compliance with 
                        broadband build-out milestones established by 
                        the Assistant Secretary under paragraph (8) for 
                        the project; and
                            (ii) provide to the Assistant Secretary 
                        complete, reliable, and precise information (in 
                        a manner consistent with how information is 
                        submitted under section 802 of the 
                        Communications Act of 1934 (47 U.S.C. 642)) on 
                        each area receiving access to broadband service 
                        through the covered broadband project funded by 
                        the grant, not later than 90 days after--
                                    (I) the date of completion of each 
                                milestone established by the Assistant 
                                Secretary under paragraph (7) for the 
                                covered broadband project; and
                                    (II) the date of completion of the 
                                covered broadband project.
                    (B) Publication of semiannual certification.--The 
                Assistant Secretary shall publish in the Federal 
                Register each certification submitted under 
                subparagraph (A)(i), except that the Assistant 
                Secretary shall not publish any information in such 
                certification that the Assistant Secretary determines 
                to be confidential.
                    (C) Sharing of information.--Not later than 30 days 
                after receiving information under subparagraph (A)(ii), 
                the Assistant Secretary shall provide such information 
                to the Commission.
            (10) Technical assistance.--
                    (A) In general.--The Assistant Secretary may, at 
                the request of a covered partnership applying for a 
                grant under this section, provide technical assistance 
                and training to such partnership with respect to the 
                application process and the application to be submitted 
                by the partnership.
                    (B) Funding.--Not more than $1,000,000 of the 
                amount made available to carry out this section may be 
                used for technical assistance and training under 
                subparagraph (A).
                    (C) Coordination.--When providing technical 
                assistance to a covered partnership, the Assistant 
                Secretary shall coordinate with any official of the 
                State in which the political subdivision or political 
                subdivisions in the covered partnership are located 
                that is responsible for the expansion of broadband 
                service in the State.
            (11) Relation to other federal and state broadband 
        programs.--
                    (A) Universal service fund.--Not later than 5 
                business days after the Commission receives a request 
                from the Assistant Secretary for any information the 
                Assistant Secretary determines necessary to ensure that 
                any grant made under this section complements and is 
                not duplicative of high-cost universal service support 
                provided under section 254 of the Communications Act of 
                1934 (47 U.S.C. 254), for an area that includes any 
                portion or all of the area to be served by the covered 
                broadband project with respect to which the grant is 
                made, the Commission shall provide the Assistant 
                Secretary such information.
                    (B) Rural utilities service.--Not later than 5 
                business days after the Secretary of Agriculture 
                receives a request from the Assistant Secretary for any 
                information the Assistant Secretary determines 
                necessary to ensure that any grant made under this 
                section complements and is not duplicative of grants, 
                loans, or loan guarantees provided by the Secretary of 
                Agriculture under title VI of the Rural Electrification 
                Act of 1936 (7 U.S.C. 950bb et seq.), including the 
                Broadband Grants, Loans, and Loan Guarantees program 
                and the Community Connect Programs, and the ReConnect 
                Pilot Program, for an area that includes any portion or 
                all of the area to be served by the covered broadband 
                project with respect to which the grant is made, the 
                Secretary of Agriculture shall provide the Assistant 
                Secretary such information.
                    (C) State broadband grant programs.--The Assistant 
                Secretary shall ensure that any grant made under this 
                section complements and is not duplicative of grants, 
                loans, loan guarantees, or other support, provided by a 
                State to a provider of broadband service in the covered 
                partnership, that establishes a legally enforceable 
                obligation for the provider to provide broadband 
                service with a download speed of at least 25 megabits 
                per second and an upload speed of at least 3 megabits 
                per second, in an area that includes any portion or all 
                of the area to be served by the covered broadband 
                project with respect to which the grant is made.
            (12) Report to congress.--The Assistant Secretary shall 
        annually submit a report to Congress on the progress of the 
        program established under this section, based on the 
        information provided by covered partnerships under paragraph 
        (8)(A)(ii), until every obligation under each grant provided 
        under this section is fulfilled.
            (13) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this section $20,000,000,000 
        for fiscal year 2023 through fiscal year 2027, to remain 
        available through fiscal year 2027.
            (14) Challenge process.--In the Notice of Funding 
        Opportunity required to be published under subsection 
        (b)(1)(B), the Assistant Secretary shall be required to 
        establish a user-friendly challenge process through which 
        consumers, State, local, and Tribal governmental entities, and 
        other entities or individuals may submit information to the 
        Assistant Secretary to challenge whether--
                    (A) with respect to an area, such area is an 
                eligible service area;
                    (B) with respect to an area, an entity already 
                provides such service in the area; or
                    (C) with respect to an area, an entity already has 
                a legally enforceable obligation to provide broadband 
                service in the area at 25 megabits per second upload 
                speed and 3 megabits per second download speed.
            (15) Limitation on state or political subdivision.--
                    (A) Any entity in a covered partnership that is a 
                State or political subdivision of a State may not 
                prohibit or have the effect of prohibiting the entity 
                in a covered partnership that is a provider of fixed 
                broadband service that is not owned (in whole or in 
                part) or controlled by the State or any political 
                subdivision of the State from entering into a covered 
                partnership on the basis of requiring any obligation, 
                requirement, duty, or regulation that is inconsistent 
                with, or exceeds in a material way, any grant condition 
                required by the Assistant Secretary.
                    (B) In the case of a covered partnership that 
                receives a grant under this section, the entity in the 
                partnership that is a State or political subdivision of 
                a State may not impose any obligation, requirement, 
                duty, or regulation that is inconsistent with, or 
                exceeds in a material way, any grant condition required 
                by the Assistant Secretary.
            (16) Rule of construction.--Nothing in this Act shall be 
        construed to permit an entity in a covered partnership that is 
        a State or a political subdivision of a State to own or operate 
        any facility used to provide broadband service at the 
        conclusion of the covered partnership.
    (c) Definitions.--In this section:
            (1) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Commerce for Communications 
        and Information.
            (2) Broadband service.--The term ``broadband service'' has 
        the meaning given the term broadband internet access service in 
        section 8.1(b) of title 47, Code of Federal Regulations (or any 
        successor regulation).
            (3) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (4) Covered broadband project.--The term ``covered 
        broadband project'' means a competitively and technologically 
        neutral project for the deployment of fixed broadband service 
        that provides in a eligible service areas broadband service 
        with a download speed of at least 25 megabits per second, an 
        upload speed of at least 3 megabits per second, and a latency 
        sufficient to support real-time applications.
            (5) Covered partnership.--The term ``covered partnership'' 
        means--
                    (A) a partnership between--
                            (i) a State, if such State does not offer 
                        broadband service;
                            (ii) one or more political subdivisions of 
                        the State, if such political subdivision or 
                        such political subdivisions (as the case may 
                        be) do not offer broadband service; and
                            (iii) a provider of fixed broadband service 
                        that is not owned (in whole or in part) or 
                        controlled by the State or any political 
                        subdivision of the State; or
                    (B) a partnership between--
                            (i) one or more political subdivisions of a 
                        State, provided such political subdivision or 
                        political subdivisions (as the case may be) 
                        does not offer broadband service; and
                            (ii) a provider of fixed broadband service 
                        that is not owned (in whole or in part) or 
                        controlled by the State or any political 
                        subdivision of the State.
            (6) Eligible service area.--The term ``eligible service 
        area'' means a household or business location in which 
        broadband service at 25 megabits per second upload and 3 
        megabits per second download speed is not available, as 
        determined by the Assistant Secretary solely on the basis of 
        the maps created under section 802(c)(1) of the Communications 
        Act of 1934 (47 U.S.C. 642(c)(1)), except for those areas that 
        are awarded funding in the Rural Digital Opportunity Fund Phase 
        II Auction (FCC 20-5) or a High Cost Program.
            (7) High cost program.--The term ``high cost program'' 
        means any of the following--
                    (A) any grant, loan, or loan guarantee provided by 
                a State to the provider of broadband service for the 
                deployment of broadband service in the proposed service 
                area;
                    (B) any grant, loan, or loan guarantee with respect 
                to the proposed service area provided by the Secretary 
                of Agriculture under title VI of the Rural 
                Electrification Act of 1936 (7 U.S.C. 950bb et seq.), 
                including the Broadband Grants, Loans, and Loan 
                Guarantees program, the Community Connect Programs, and 
                the ReConnect Pilot Program;
                    (C) any high-cost universal service support 
                provided under section 254 of the Communications Act of 
                1934 (47 U.S.C. 254);
                    (D) any grant provided under section 6001 of the 
                American Recovery and Reinvestment Act of 2009 (47 
                U.S.C. 1305);
                    (E) the Education Stabilization Fund under title 
                VIII of division B of the CARES Act (Public Law 116-
                136); or
                    (F) any grant, loan, or loan guarantee provided by 
                the Federal Government for the provision of broadband 
                service.
            (8) Personal wireless services.--The term ``personal 
        wireless services''--
                    (A) has the meaning given such term in section 332 
                of the Communications Act of 1934 (47 U.S.C. 332); and
                    (B) includes commercial mobile data service (as 
                defined in section 6001 of the Middle Class Tax Relief 
                and Job Creation Act of 2012 (47 U.S.C. 1401)).
            (9) Political subdivision.--The term ``political 
        subdivision'' includes a city, county, wireless authority, or 
        planning district commission.
            (10) State.--The term ``State'' means the 50 States, the 
        District of Columbia, the territories and possessions of the 
        United States, and federally recognized Indian Tribes.
            (11) Telecommunications service.--The term 
        ``telecommunications service'' has the meaning given the term 
        in section 3 of the Communications Act of 1934 (47 U.S.C. 153).

SEC. 3. MOBILE BROADBAND EXPANSION GRANT PROGRAM.

    (a) Notification of Creation of Broadband Maps; Data Sharing.--
            (1) In general.--Not later than 3 business days after 
        creating the maps required under section 802(c)(1) of the 
        Communications Act of 1934 (47 U.S.C. 642(c)(1)), the 
        Commission shall notify the Assistant Secretary that such maps 
        have been created.
            (2) Data sharing.--Not less frequently than annually, the 
        Commission shall, through the process established under section 
        802(b)(7) of the Communications Act of 1934 (47 U.S.C. 
        642(b)(7)), provide the Assistant Secretary any data collected 
        by the Commission pursuant to title VIII of such Act.
    (b) Mobile Broadband Grant Program.--
            (1) Establishment of grant program; notice of funding 
        opportunity.--The Assistant Secretary shall, not later than 1 
        year after the Assistant Secretary is notified as described in 
        subsection (a)(1)--
                    (A) establish a program to make grants on a 
                competitive basis, from amounts made available to carry 
                out this section, to covered partnerships for covered 
                mobile broadband service projects; and
                    (B) publish a Notice of Funding Opportunity in the 
                Federal Register that includes information about such 
                program, including any requirement established by this 
                section.
            (2) Limitation; coordination.--
                    (A) The Assistant Secretary may not make a grant 
                under this section before the date that is 1 year after 
                the date on which the Assistant Secretary is notified 
                as described in subsection (a)(1).
                    (B) In making a grant award under paragraph (1), 
                the Assistant Secretary shall coordinate with the 
                Chairman of the Commission in order to avoid 
                overbuilding in areas where funds are made available 
                through the 5G Fund Report and Order (FCC 20-150) 
                adopted by the Commission on October 27, 2020.
            (3) Eligibility requirements.--
                    (A) In general.--To be eligible for a grant under 
                this section, a covered partnership shall submit an 
                application at such time, in such manner, and 
                containing such information as the Assistant Secretary 
                may require, but the application shall, at a minimum, 
                include a description of--
                            (i) the covered partnership submitting the 
                        application under this paragraph;
                            (ii) the covered mobile broadband service 
                        project to be funded by the grant, including 
                        the speed or speeds at which the covered 
                        partnership plans to offer mobile broadband 
                        service under the project;
                            (iii) the cost of the covered mobile 
                        broadband service project to be funded by the 
                        grant, including--
                                    (I) a description of how the 
                                required construction will be funded;
                                    (II) all estimated project costs 
                                for all facilities that are required to 
                                complete the project, including the 
                                costs of upgrading, replacing, or 
                                otherwise modifying the existing 
                                facilities to expand coverage or meet 
                                performance requirements;
                                    (III) a description of how grant 
                                funds will be used in combination with 
                                other funds to support the mobile 
                                broadband service project;
                                    (IV) in the case of a mobile 
                                broadband service project that will be 
                                partially supported by loans, financial 
                                projections demonstrating that the 
                                covered partnership can cover the 
                                necessary debt service payments over 
                                the life of any loan; and
                                    (V) financial projects 
                                demonstrating that the covered 
                                partnership will remain financially 
                                stable at the conclusion of the grant 
                                award;
                            (iv) the area to be served by the covered 
                        mobile broadband service project (in this 
                        subsection referred to as the ``proposed 
                        service area'');
                            (v) how the State, political subdivision, 
                        or political subdivisions in the covered 
                        partnership chose which provider of mobile 
                        broadband service to enter into a partnership 
                        with for the purposes of applying for a grant 
                        under this section; and
                            (vi) any support (other than support for a 
                        wireline service) that the provider of mobile 
                        broadband service that is in the covered 
                        partnership has received through--
                                    (I) any grant, loan, or loan 
                                guarantee provided by a State to the 
                                provider of mobile broadband service 
                                for the deployment of mobile broadband 
                                service in the proposed service area;
                                    (II) any high-cost universal 
                                service support provided under section 
                                254 of the Communications Act of 1934 
                                (47 U.S.C. 254);
                                    (III) any grant provided under 
                                section 6001 of the American Recovery 
                                and Reinvestment Act of 2009 (47 U.S.C. 
                                1305);
                                    (IV) the Education Stabilization 
                                Fund under title VIII of division B of 
                                the CARES Act (Public Law 116-136);
                                    (V) any other grant, loan, or loan 
                                guarantee provided by the Federal 
                                Government for the provision of 
                                broadband service; or
                                    (VI) any legally enforceable mobile 
                                broadband deployment obligations to 
                                which the provider of mobile broadband 
                                service is subject in the eligible 
                                service area.
                    (B) Requirement to streamline permitting process.--
                            (i) In general.--In order for a covered 
                        partnership to be eligible for a grant under 
                        this section each covered entity may only 
                        charge a fee to consider an application for the 
                        placement, construction, or modification of a 
                        facility for the provision of broadband 
                        service, personal wireless services, or 
                        telecommunications service in the proposed 
                        service area or an application to use a right-
                        of-way or a facility in a right-of-way owned or 
                        managed by that entity for the placement, 
                        construction, or modification of a facility for 
                        the provision of any such service in the 
                        proposed service area, if the fee for 
                        considering such application is--
                                    (I) nondiscriminatory;
                                    (II) publicly disclosed; and
                                    (III) based on actual and direct 
                                costs, such as costs for the review and 
                                processing of such applications.
                            (ii) Covered entity defined.--In this 
                        subparagraph, the term ``covered entity'' 
                        means--
                                    (I) an entity in the partnership 
                                that is a State or political 
                                subdivision of a State; and
                                    (II) a political subdivision in 
                                which all or part of the proposed 
                                service area is located.
            (4) Priority.--In awarding grants under this section, the 
        Assistant Secretary shall give priority to applications for 
        covered mobile broadband service projects as follows (in 
        decreasing order of priority):
                    (A) Covered mobile broadband service projects 
                designed to provide mobile broadband service to an 
                eligible service in which the greatest number of 
                households in the eligible service area do not have 
                fixed broadband service with a download speed of 25 
                megabits per second and an upload speed of 3 megabits 
                per second, as determined by the Assistant Secretary on 
                the basis of the maps required under section 802(c)(1) 
                of the Communications Act of 1934 (47 U.S.C. 
                642(c)(1)).
                    (B) Covered mobile broadband service projects 
                designed to provide mobile broadband service in an 
                eligible service area that is wholly within any area 
                other than--
                            (i) a county, city, or town that has a 
                        population of greater than 50,000 inhabitants; 
                        and
                            (ii) the urbanized area contiguous and 
                        adjacent to such a city or town.
                    (C) Covered mobile broadband service projects that 
                are most cost-effective.
                    (D) Covered mobile broadband service projects that 
                are most rural.
                    (E) Covered mobile broadband service projects 
                designed to provide 5th Generation long-term evolution 
                or future generation of service that meets the 
                standards set forth in Release 15, or any successor 
                release, of the 3rd Generation Partnership Project.
                    (F) Any other covered mobile broadband service 
                project that meets the requirements of this section.
            (5) Federal contribution.--The amount of any grant provided 
        to a covered partnership under this section may not exceed 75 
        percent of the total cost of the covered mobile broadband 
        service project.
            (6) Grant conditions.--
                    (A) Requirements.--As a condition of receiving a 
                grant under this section for a covered mobile broadband 
                service project, a covered partnership shall provide 
                mobile broadband service under the project using the 
                facilities of the provider of mobile broadband service 
                in the covered partnership and not exclusively through 
                the resale of the service of another provider of 
                personal wireless services.
                    (B) Prohibitions.--As a condition of receiving a 
                grant under this section, the Assistant Secretary shall 
                prohibit--
                            (i) a provider of mobile broadband service 
                        that is in the covered partnership receiving 
                        the grant under this section--
                                    (I) from using grant amounts 
                                provided under this section to repay, 
                                or make any other payment relating to, 
                                a loan made by any public or private 
                                lender;
                                    (II) from using grant amounts 
                                provided under this section as 
                                collateral for a loan made by any 
                                public or private lender; and
                                    (III) from using more than $75,000 
                                of grant amounts provided under this 
                                section to pay for the preparation of 
                                an application for a grant under this 
                                section; and
                            (ii) a State, or a political subdivision of 
                        a State, that is in the covered partnership 
                        receiving the grant under this section, after 
                        accepting a grant under this section from 
                        offering mobile broadband service.
                    (C) Nondiscrimination.--The Assistant Secretary may 
                not require a provider of mobile broadband service that 
                is in an eligible partnership to be designated as an 
                eligible telecommunications carrier pursuant to section 
                214(e) of the Communications Act of 1934 (47 U.S.C. 
                214(e)) for the covered partnership to be eligible to 
                receive a grant under this section or as a condition of 
                the covered partnership receiving a grant under this 
                section.
                    (D) Collocation.--A covered entity (as defined in 
                paragraph (3)(B)(ii)) may not prohibit or have the 
                effect of prohibiting the collocation of personal 
                wireless service facilities at any site at which the 
                covered partnership has deployed a personal wireless 
                service facility in connection with a grant made 
                available in this section.
            (7) Build-out, notification, and accountability 
        requirement.--
                    (A) In general.--The Assistant Secretary shall 
                establish build-out, accountability, and (in accordance 
                with paragraph (8)) reporting requirements for covered 
                partnerships that receive grants under this section, 
                including, for each covered partnership that receives a 
                grant under this section, milestones for the deployment 
                of mobile broadband service under the covered mobile 
                broadband service project funded by the grant.
                    (B) Notification to commission.--Upon establishing 
                a build-out, accountability, or reporting requirement 
                under subparagraph (A), the Assistant Secretary shall 
                transmit to the Commission a notification describing 
                such requirement.
                    (C) Penalty.--If a covered partnership fails to 
                meet a build out requirement under subparagraph (A), 
                the Assistant Secretary shall--
                            (i) recover any funds made available to the 
                        covered partnership; and
                            (ii) assess a covered partnership (to be 
                        split equally among each entity in the 
                        partnership) a fine of not less than 50 percent 
                        of the funds made available to the covered 
                        partnership.
            (8) Reporting requirements.--
                    (A) In general.--A covered partnership that 
                receives a grant under this section shall--
                            (i) semiannually submit to the Assistant 
                        Secretary a certification that identifies the 
                        areas for which mobile broadband service have 
                        been deployed under the covered mobile 
                        broadband service project funded by the grant, 
                        to assess compliance with mobile broadband 
                        service build-out milestones established by the 
                        Assistant Secretary under paragraph (7) for the 
                        project; and
                            (ii) provide to the Assistant Secretary 
                        complete, reliable, and precise information (in 
                        a manner consistent with how information is 
                        submitted under section 802 of the 
                        Communications Act of 1934 (47 U.S.C. 642)) on 
                        each area receiving access to mobile broadband 
                        service through the covered mobile broadband 
                        service project funded by the grant, not later 
                        than 90 days after--
                                    (I) the date of completion of each 
                                milestone established by the Assistant 
                                Secretary under paragraph (6) for the 
                                covered mobile broadband service 
                                project; and
                                    (II) the date of completion of the 
                                covered mobile broadband service 
                                project.
                    (B) Publication of semiannual certification.--The 
                Assistant Secretary shall publish in the Federal 
                Register each certification submitted under 
                subparagraph (A)(i), except that the Assistant 
                Secretary shall not publish any information in such 
                certification that the Assistant Secretary determines 
                to be confidential.
                    (C) Sharing of information.--Not later than 30 days 
                after receiving information under subparagraph (A)(ii), 
                the Assistant Secretary shall provide such information 
                to the Commission.
            (9) Technical assistance.--
                    (A) In general.--The Assistant Secretary may, at 
                the request of a covered partnership applying for a 
                grant under this section, provide technical assistance 
                and training to such partnership with respect to the 
                application process and the application to be submitted 
                by the partnership.
                    (B) Funding.--Not more than $1,000,000 of the 
                amount made available to carry out this section may be 
                used for technical assistance and training under 
                subparagraph (A).
                    (C) Coordination.--When providing technical 
                assistance to a covered partnership, the Assistant 
                Secretary shall coordinate with any official of the 
                State in which the political subdivision or political 
                subdivisions in the covered partnership are located 
                that is responsible for the expansion of personal 
                wireless services in the State.
            (10) Relation to other federal and state broadband 
        programs.--
                    (A) Universal service fund.--Not later than 5 
                business days after the Commission receives a request 
                from the Assistant Secretary for any information the 
                Assistant Secretary determines necessary to ensure that 
                any grant made under this section complements and is 
                not duplicative of high-cost universal service support 
                provided under section 254 of the Communications Act of 
                1934 (47 U.S.C. 254), for an area that includes any 
                portion or all of the area to be served by the covered 
                mobile broadband service project with respect to which 
                the grant is made, the Commission shall provide the 
                Assistant Secretary such information.
                    (B) State broadband grant programs.--The Assistant 
                Secretary shall ensure that any grant made under this 
                section complements and is not duplicative of grants, 
                loans, loan guarantees, or other support, provided by a 
                State to a provider of mobile broadband service in the 
                covered partnership, that establishes a legally 
                enforceable obligation for the provider to provide 
                broadband service with a download speed of at least 25 
                megabits per second and an upload speed of at least 3 
                megabits per second, in an area that includes any 
                portion or all of the area to be served by the covered 
                mobile broadband service project with respect to which 
                the grant is made.
            (11) Challenge process.--In the Notice of Funding 
        Opportunity required to be published under subsection 
        (b)(1)(B), the Assistant Secretary shall be required to 
        establish a user-friendly challenge process through which 
        consumers, State, local, and Tribal governmental entities, and 
        other entities or individuals may submit information to the 
        Assistant Secretary to challenge whether--
                    (A) with respect to an area, such area is an 
                eligible service area;
                    (B) with respect to an area, an entity already 
                provides such service in the area; or
                    (C) with respect to an area, an entity already has 
                a legally enforceable obligation to provide mobile 
                broadband service in the area.
            (12) Limitation on state or political subdivision.--
                    (A) Any entity in a covered partnership that is a 
                State or political subdivision of a State may not 
                prohibit or have the effect of prohibiting the entity 
                in a covered partnership that is a provider of mobile 
                broadband service that is not owned (in whole or in 
                part) or controlled by the State or any political 
                subdivision of the State from entering into a covered 
                partnership on the basis of requiring any obligation, 
                requirement, duty, or regulation that is inconsistent 
                with, or exceeds in a material way, any grant condition 
                required by the Assistant Secretary.
                    (B) In the case of a covered partnership that 
                receives a grant under this section, the entity in the 
                partnership that is a State or political subdivision of 
                a State may not impose any obligation, requirement, 
                duty, or regulation that is inconsistent with, or 
                exceeds in a material way, any grant condition required 
                by the Assistant Secretary.
            (13) Rule of construction.--Nothing in this Act shall be 
        construed to permit an entity in a covered partnership that is 
        a State or a unit of local government to own or operate any 
        facility used to provide mobile broadband service at the 
        conclusion of the covered partnership.
            (14) Report to congress.--The Assistant Secretary shall 
        annually submit a report to Congress on the progress of the 
        program established under this section, based on the 
        information provided by covered partnerships under paragraph 
        (8)(A)(ii), until every obligation under each grant provided 
        under this section is fulfilled.
            (15) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this section $3,000,000,000 for 
        fiscal year 2023 through fiscal year 2027, to remain available 
        through fiscal year 2027.
    (c) Definitions.--In this section:
            (1) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Commerce for Communications 
        and Information.
            (2) Broadband service.--The term ``broadband service'' has 
        the meaning given the term broadband internet access service in 
        section 8.1(b) of title 47, Code of Federal Regulations (or any 
        successor regulation).
            (3) Cell edge probability; cell loading.--The terms ``cell 
        edge probability'' and ``cell loading'' have the meaning given 
        those terms in section 801 of the Communications Act of 1934 
        (47 U.S.C. 641).
            (4) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (5) Covered mobile broadband service project.--The term 
        ``covered mobile broadband service project'' means a 
        competitively and technologically neutral project for the 
        deployment of mobile broadband service in an eligible service 
        area.
            (6) Covered partnership.--The term ``covered partnership'' 
        means--
                    (A) a partnership between--
                            (i) a State, if such State does not offer 
                        personal wireless services;
                            (ii) one or more political subdivisions of 
                        the State, if such political subdivision or 
                        such political subdivisions (as the case may 
                        be) do not offer mobile broadband service; and
                            (iii) a provider of mobile broadband 
                        service that is not owned (in whole or in part) 
                        or controlled by the State or any political 
                        subdivision of the State; or
                    (B) a partnership between--
                            (i) one or more political subdivisions of a 
                        State, provided such political subdivision or 
                        political subdivisions (as the case may be) 
                        does not offer mobile broadband service; and
                            (ii) a provider of mobile broadband service 
                        that is not owned (in whole or in part) or 
                        controlled by the State or any political 
                        subdivision of the State.
            (7) Eligible service area.--The term ``eligible service 
        area'' means an area not smaller than a census block in which 
        mobile broadband service is not available, as determined by the 
        Assistant Secretary solely on the basis of the maps created 
        under section 802(c)(1) of the Communications Act of 1934 (47 
        U.S.C. 642(c)(1)), except such areas that are eligible for 
        support or are awarded support under the 5G Fund Report and 
        Order (FCC 20-150) adopted by the Commission on October 27, 
        2020.
            (8) Mobile broadband service.--The term ``mobile broadband 
        service'' means 4th Generation long-term evolution service, 5th 
        Generation long-term evolution service, or future generation of 
        service that meets the standards set forth in Release 10, or 
        any successor release, of the 3rd Generation Partnership 
        Project.
            (9) Personal wireless services.--The term ``personal 
        wireless services''--
                    (A) has the meaning given such term in section 332 
                of the Communications Act of 1934 (47 U.S.C. 332); and
                    (B) includes commercial mobile data service (as 
                defined in section 6001 of the Middle Class Tax Relief 
                and Job Creation Act of 2012 (47 U.S.C. 1401)).
            (10) Personal wireless service facility.--The term 
        ``personal wireless service facility'' means a facility for the 
        provision of personal wireless service.
            (11) Political subdivision.--The term ``political 
        subdivision'' includes a city, county, wireless authority, or 
        planning district commission.
            (12) State.--The term ``State'' means the 50 States, the 
        District of Columbia, the territories and possessions of the 
        United States, and federally recognized Indian Tribes.
            (13) Telecommunications service.--The term 
        ``telecommunications service'' has the meaning given the term 
        in section 3 of the Communications Act of 1934 (47 U.S.C. 153).
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