Internet Exchange Act of 2019
This bill creates a grant program for the establishment and expansion of facilities through which internet service providers and content delivery networks exchange internet traffic (internet exchange facilities) in unserved or underserved areas.
Further, the bill allows recipients of funding from the E-Rate and Telehealth programs to apply such funds to the procurement or maintenance of a connection to an internet exchange facility.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3869 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3869
To direct the Assistant Secretary of Commerce for Communications and
Information to make grants for the establishment or expansion of
internet exchange facilities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 22, 2019
Mr. Long (for himself, Mr. Kustoff of Tennessee, Mr. Guthrie, Mr.
Marshall, Mr. Luetkemeyer, Mr. Comer, and Mr. Stivers) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To direct the Assistant Secretary of Commerce for Communications and
Information to make grants for the establishment or expansion of
internet exchange facilities, 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 ``Internet Exchange Act of 2019''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(2) Core based statistical area.--The term ``core based
statistical area'' has the meaning given the term by the Office
of Management and Budget in the Notice of Decision entitled
``2010 Standards for Delineating Metropolitan and Micropolitan
Statistical Areas'', published in the Federal Register on June
28, 2010 (75 Fed. Reg. 37246), or any successor to that Notice.
(3) Covered grant.--The term ``covered grant'' means a
grant awarded under section 3(a).
(4) Internet exchange facility.--The term ``internet
exchange facility'' means physical infrastructure through which
internet service providers and content delivery networks
exchange internet traffic between their networks.
SEC. 3. NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION
GRANTS.
(a) Grants.--On and after the first day of the first fiscal year
beginning after the date on which the Assistant Secretary establishes
rules and timelines under subsection (d), the Assistant Secretary shall
award grants to entities to acquire real property and necessary
equipment to--
(1) establish a new internet exchange facility in a core
based statistical area in which, at the time the grant is
awarded, there are no existing internet exchange facilities; or
(2) expand operations at an existing internet exchange
facility in a core based statistical area in which, at the time
the grant is awarded, there is only 1 internet exchange
facility.
(b) Eligibility.--An entity may not receive a covered grant unless
the entity certifies to the Assistant Secretary that the entity has
sufficient interest from third party entities that will use the
internet exchange facility to be funded by the grant once the facility
is established or operations are expanded, as applicable.
(c) Federal Share.--The Federal share of the total cost of the
establishment of, or expansion of operations at, an internet exchange
facility for which a covered grant is awarded may not exceed 50
percent.
(d) Applications.--
(1) Rules and timelines.--Not later than 1 year after the
date of enactment of this Act, the Assistant Secretary shall
establish rules and timelines for applications for covered
grants.
(2) Third party review.--To prevent fraud in the covered
grant program, the Assistant Secretary shall enter into a
contract with an independent third party under which the third
party reviews an application for a covered grant not later than
60 days after the date on which the application is submitted to
ensure that only an entity that is eligible for a covered grant
receives a covered grant.
(e) Rule of Construction.--Nothing in this section shall be
construed to authorize the Assistant Secretary to regulate, issue
guidance for, or otherwise interfere with the activities at an internet
exchange facility.
(f) No Additional Funds Authorized.--No additional funds are
authorized to be appropriated to carry out this section. This section
shall be carried out using amounts otherwise authorized.
SEC. 4. USE OF E-RATE AND RURAL HEALTH CARE UNIVERSAL SERVICE SUPPORT.
Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is
amended by adding at the end the following:
``(m) Use of E-Rate and Rural Health Care Support for Costs
Relating to Internet Exchange Facility Connection.--
``(1) In general.--Notwithstanding any other provision of
law or regulation, including subpart F or G of part 54 of title
47, Code of Federal Regulations (or any successor regulation),
a recipient of support under such subpart F or G may receive
support under that subpart--
``(A) to contract with a broadband internet service
provider to obtain connection to an internet exchange
facility; or
``(B) for the costs of maintaining a point of
presence at an internet exchange facility.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to authorize the Commission to regulate,
issue guidance for, or otherwise interfere with the activities
at an internet exchange facility.
``(3) Internet exchange facility defined.--In this
subsection, the term `internet exchange facility' means
physical infrastructure through which internet service
providers and content delivery networks exchange internet
traffic between their networks.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Communications and Technology.
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