Accelerating Broadband Connectivity Act of 2021
Bill: H.R.205 | Sponsor: Rep. Kelly, Trent (R-MS)
Policy area: Science, Technology, Communications

Summary:
Accelerating Broadband Connectivity Act of 2021
This bill establishes the Accelerating Broadband Connectivity Fund from which the Federal Communications Commission (FCC) shall offer additional funding to certain terrestrial telecommunications carriers for specified broadband projects.
Specifically, the FCC shall make one-time funding offers from the Accelerating Broadband Connectivity Fund to certain terrestrial telecommunications carriers that receive support from the Rural Digital Opportunity Fund. The Rural Digital Opportunity Fund is a mechanism through which the FCC finances high-speed broadband networks in unserved rural areas.
Recipients of amounts from the Accelerating Broadband Connectivity Fund shall use such funds to (1) begin construction of a broadband network, (2) make broadband available from the network deployed using Rural Digital Opportunity Fund support, and (3) meet all build-out obligations pursuant to receiving amounts from the Rural Digital Opportunity Fund.

To accelerate rural broadband deployment.

    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 ``Accelerating Broadband Connectivity 
Act of 2021''.

SEC. 2. ACCELERATING BROADBAND CONNECTIVITY.

    (a) Definitions.--In this section--
            (1) the term ``Commission'' means the Federal 
        Communications Commission;
            (2) the terms ``Phase I'' and ``Phase II'' mean Phase I and 
        Phase II, respectively, of the Rural Digital Opportunity Fund 
        auction 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);
            (3) the term ``qualified carrier'' means a terrestrial 
        telecommunications carrier that receives support from the Rural 
        Digital Opportunity Fund under subpart J of part 54 of title 
        47, Code of Federal Regulations, or any successor regulations; 
        and
            (4) the term ``Rural Digital Opportunity Fund support'' 
        means support from the Rural Digital Opportunity Fund under 
        subpart J of part 54 of title 47, Code of Federal Regulations, 
        or any successor regulations.
    (b) Accelerating Broadband Connectivity Fund.--There is established 
in the Treasury of the United States a fund to be known as the 
``Accelerating Broadband Connectivity Fund''.
    (c) Availability of Funds.--The Commission may use amounts in the 
Accelerating Broadband Connectivity Fund to provide support to 
qualified carriers in accordance with subsection (d).
    (d) Amount and Use of Funds.--
            (1) In general.--
                    (A) Phase i support recipients.--The Commission 
                shall make one-time funding offers to qualified 
                carriers that receive Rural Digital Opportunity Fund 
                support during Phase I, and that commit to meeting the 
                conditions under paragraph (2), to accelerate the 
                broadband deployment obligations assumed by those 
                carriers with respect to that support.
                    (B) Phase ii support recipients.--The Commission 
                shall use any amounts in the Accelerating Broadband 
                Connectivity Fund that are not otherwise committed 
                under subparagraph (A) to make one-time funding offers 
                to qualified carriers that receive Rural Digital 
                Opportunity Fund support during Phase II, and that 
                commit to meeting the conditions under paragraph (2), 
                to accelerate the broadband deployment obligations 
                assumed by those carriers with respect to that support.
            (2) Conditions.--
                    (A) In general.--A qualified carrier that receives 
                amounts under paragraph (1) shall--
                            (i) begin construction of the broadband 
                        network for which the amounts are awarded not 
                        later than 180 days after the date on which the 
                        award under paragraph (1) is authorized;
                            (ii) begin to make broadband service 
                        available from the broadband network deployed 
                        using Rural Digital Opportunity Fund support 
                        not later than 1 year after the date on which 
                        the award under paragraph (1) is authorized; 
                        and
                            (iii) meet all buildout obligations from 
                        the Rural Digital Opportunity Fund support not 
                        later than 3 years after the date on which the 
                        award under paragraph (1) is authorized.
                    (B) Force majeure.--The Commission shall adopt 
                rules under subsection (f)(1) to provide for the 
                extension of a deadline under subparagraph (A) of this 
                paragraph if an event outside the control of a 
                qualified carrier prevents the qualified carrier from 
                meeting the deadline.
            (3) Amount of award.--The amount awarded to a qualified 
        carrier under paragraph (1) shall be proportional to the amount 
        of Rural Digital Opportunity Fund support received by the 
        qualified carrier.
    (e) Documentation Required.--A qualified carrier that receives 
amounts under this section shall--
            (1) maintain appropriate documentation demonstrating the 
        use of the amounts; and
            (2) make the documentation described in paragraph (1) 
        available upon request as prescribed by the Commission.
    (f) Expedited Rulemaking.--
            (1) In general.--The Commission shall adopt rules to carry 
        out this section as needed on an expedited basis.
            (2) Use of existing rules authorized.--To the extent the 
        Commission determines necessary in the public interest, the 
        Commission may rely on the rules under part 54 of title 47, 
        Code of Federal Regulations, and funding distribution 
        mechanisms established under those rules in administering funds 
        made available under this section.
            (3) Administrative procedure act exemption.--The Commission 
        shall adopt rules under paragraph (1) without regard to the 
        notice and comment requirements under section 553 of title 5, 
        United States Code.
            (4) Paperwork reduction act exemption.--A collection of 
        information conducted or sponsored under this section shall not 
        constitute a collection of information for the purposes of 
        subchapter I of chapter 35 of title 44, United States Code 
        (commonly referred to as the ``Paperwork Reduction Act'').
    (g) Enforcement.--
            (1) In general.--The Commission shall implement and enforce 
        this section as if it were a part of the Communications Act of 
        1934 (47 U.S.C. 151 et seq.).
            (2) Unlawful funding application.--
                    (A) Offense.--It shall be unlawful for a person to 
                willfully, knowingly, or recklessly seek funding under 
                this section if doing so would violate--
                            (i) this section; or
                            (ii) any rules of the Commission.
                    (B) Forfeitures.--Any person who violates 
                subparagraph (A) shall be subject to a forfeiture in an 
                amount of not more than 3 times the amount of funds 
                made available to the person under this section, in 
                addition to any forfeiture authorized under section 503 
                of the Communications Act of 1934 (47 U.S.C. 503).
            (3) Audit and inquiry requirements.--The Commission shall 
        adopt requirements, through the expedited rulemaking under 
        subsection (f), to--
                    (A) ensure that a qualified carrier that receives 
                amounts under this section complies with the 
                requirements of this section; and
                    (B) prevent waste, fraud, and abuse of the amounts 
                distributed under this section.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Accelerating Broadband Connectivity Fund 
$6,000,000,000 for purposes of this section.
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