Title: Community Broadband Act of 2017
Policy area: Science, Technology, Communications

Summary:
Community Broadband Act of 2017
This bill bars state, local, or tribal governments from prohibiting or inhibiting such government entities or their affiliates from serving as "public providers" of telecommunications services or advanced telecommunications capabilities to any person or any public or private entity.
The bill prohibits such government and government-affiliated providers of public telecommunications services from favoring themselves over competing providers in the application of regulations, ordinances, public rights-of-way, or permitting requirements.
The bill expresses the sense of Congress that such governments or affiliates intending to provide public telecommunications services should consider public-private partnerships.
Public providers must provide public notice and opportunities for public input and private-sector bidding before providing telecommunications service to the public.
The bill provides an exemption from the prohibition on such governments favoring themselves in the application of regulations, and from the requirement to provide public notice and private bidding opportunities, during an emergency declared by the President, a governor, or an authorized elected local official.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 742 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 742

To promote competition, to preserve the ability of local governments to 
   provide broadband capability and services, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 28, 2017

     Mr. Booker (for himself, Mr. Markey, Mr. Wyden, Mr. King, Mr. 
 Blumenthal, and Mrs. McCaskill) introduced the following bill; which 
was read twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 A BILL


 
To promote competition, to preserve the ability of local governments to 
   provide broadband capability and services, 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 ``Community Broadband Act of 2017''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``advanced telecommunications capability'' has 
        the meaning given the term in section 706(d) of the 
        Telecommunications Act of 1996 (47 U.S.C. 1302(d));
            (2) the term ``advanced telecommunications capability or 
        services'' means--
                    (A) advanced telecommunications capability; or
                    (B) services using advanced telecommunications 
                capability;
            (3) the term ``Indian tribe'' has the meaning given the 
        term in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5304);
            (4) the term ``public provider'' means--
                    (A) a State or political subdivision thereof;
                    (B) any agency, authority, or instrumentality of a 
                State or political subdivision thereof;
                    (C) an Indian tribe; or
                    (D) any entity that is owned by, controlled by, or 
                otherwise affiliated with--
                            (i) a State or political subdivision 
                        thereof;
                            (ii) an agency, authority, or 
                        instrumentality of a State or political 
                        subdivision thereof; or
                            (iii) an Indian tribe;
            (5) the term ``State'' means each of the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, and 
        any other territory or possession of the United States; and
            (6) 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. LOCAL GOVERNMENT PROVISION OF TELECOMMUNICATIONS SERVICES AND 
              ADVANCED TELECOMMUNICATIONS CAPABILITY AND SERVICES.

    No statute, regulation, or other legal requirement of a State, a 
political subdivision thereof, or an Indian tribe may prohibit, or have 
the effect of prohibiting or substantially inhibiting, any public 
provider from providing telecommunications services or advanced 
telecommunications capability or services to any person or any public 
or private entity.

SEC. 4. SAFEGUARDS.

    (a) Administration.--To the extent any public provider regulates 
competing providers of telecommunications services or advanced 
telecommunications capability or services, the public provider shall 
apply its ordinances, rules, and policies, including those relating to 
the use of public rights-of-way, permitting, performance bonding, and 
reporting, without discrimination in favor of--
            (1) the public provider; or
            (2) any other provider of telecommunications services or 
        advanced telecommunications capability or services that the 
        public provider owns or with which the public provider is 
        affiliated.
    (b) Application of General Laws.--Nothing in this Act shall be 
construed to exempt a public provider that offers telecommunications 
services or advanced telecommunications capability or services to the 
public from any Federal communications law or regulation that applies 
to all providers of telecommunications services or advanced 
telecommunications capability or services to the public.

SEC. 5. PUBLIC-PRIVATE PARTNERSHIPS ENCOURAGED.

    It is the sense of Congress that a public provider that intends to 
provide telecommunications services or advanced telecommunications 
capability or services to the public should consider the potential 
benefits of a public-private partnership before providing the 
capability or services.

SEC. 6. PUBLIC INPUT AND PRIVATE SECTOR OPPORTUNITY TO BID.

    (a) Notice and Opportunity To Be Heard.--Before a public provider 
may provide telecommunications services or advanced telecommunications 
capability or services to the public, either directly or through a 
public-private partnership, the public provider shall--
            (1) publish notice of its intention to do so;
            (2) generally describe the capability or services to be 
        provided and the proposed coverage area for the capability or 
        services;
            (3) identify any special capabilities or services to be 
        provided in low-income areas or other demographically or 
        geographically defined areas;
            (4) provide local residents and private-sector entities 
        with an opportunity to be heard on the costs and benefits of 
        the project and potential alternatives to the project, 
        including any bids under paragraph (5); and
            (5) provide private-sector entities with an opportunity to 
        bid to provide the capability or services during the 30-day 
        period beginning on the date on which the notice is published 
        under paragraph (1).
    (b) Application to Existing Projects and Pending Proposals.--
Subsection (a) shall not apply to--
            (1) any contract or other arrangement under which a public 
        provider is providing telecommunications services or advanced 
        telecommunications capability or services to the public as of 
        the date of enactment of this Act; or
            (2) any proposal by a public provider to provide 
        telecommunications services or advanced telecommunications 
        capability or services to the public--
                    (A) that is in the request-for-proposals process as 
                of the date of enactment of this Act;
                    (B) the infrastructure for which is in the process 
                of being built as of the date of enactment of this Act; 
                or
                    (C) that has been approved by referendum as of the 
                date of enactment of this Act.

SEC. 7. EXEMPTIONS.

    The requirements under sections 4 and 6 shall not apply--
            (1) when a public provider provides telecommunications 
        services or advanced telecommunications capability or services 
        other than--
                    (A) to the public; or
                    (B) to such classes of users as to make the 
                capability or services effectively available to the 
                public; or
            (2) during an emergency declared by the President, the 
        Governor of the State in which the public provider is located, 
        or any other elected local official authorized by law to 
        declare a state of emergency in the jurisdiction in which the 
        public provider is located.

SEC. 8. USE OF FEDERAL FUNDS.

    If any project providing telecommunications services or advanced 
telecommunications capability or services under this Act fails due to 
bankruptcy or is terminated by a public provider, no Federal funds may 
be provided to the public provider specifically to assist the public 
provider in reviving or renewing that project, unless the failure due 
to bankruptcy occurred in a jurisdiction that is subject to a 
declaration by the President of a major disaster, as defined in section 
102 of the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5122).
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