This bill requires the Federal Communications Commission (FCC) to take specified actions to expedite the provision of broadband internet access service in unserved rural areas.
Specifically, the FCC must modify the framework for the Rural Digital Opportunity Fund Phase I auction, which aims to facilitate the provision of broadband service to areas that are wholly unserved. Among other requirements, the FCC (1) must accept long-form applications prior to such auction from applicants that are willing to commit to a specified schedule for deploying broadband internet access service, and (2) shall not require applicants to be designated as eligible telecommunications carriers in order to receive Rural Digital Opportunity Fund support.
In addition, the bill establishes a deadline of October 1, 2020, for the FCC to create broadband maps that depict the extent of availability of broadband service in the United States and the areas that remain unserved.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7447 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7447
To direct the Federal Communications Commission to take certain actions
to accelerate the Rural Digital Opportunity Fund Phase I auction, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 1, 2020
Mr. Clyburn (for himself, Mr. Upton, Ms. Kelly of Illinois, Mrs. Hayes,
Mr. Suozzi, Mr. Cox of California, Mrs. Bustos, Mr. Reed, Mr.
Balderson, Mr. Thompson of Mississippi, Mr. Rice of South Carolina, Mr.
Duncan, Mr. Norman, Ms. Spanberger, Mr. Trone, Mr. Wilson of South
Carolina, Mr. Palazzo, Mr. Wright, and Mr. Gottheimer) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To direct the Federal Communications Commission to take certain actions
to accelerate the Rural Digital Opportunity Fund Phase I auction, 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. ACCELERATION OF RURAL DIGITAL OPPORTUNITY FUND PHASE I
AUCTION.
(a) In General.--With respect to the Rural Digital Opportunity Fund
Phase I auction (in this section referred to as the ``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), the Commission shall modify the framework
for the auction adopted in such Report and Order as follows:
(1) The Commission shall accept long-form applications
before the auction, during the period that begins not earlier
than the date that is 30 days after the date on which the
Commission begins accepting short-form applications and ends on
September 15, 2020, from such applicants as are willing to
commit to the schedule described in paragraph (3)(C) for
deployment of networks capable of providing gigabit broadband
internet access service.
(2) If the long-form applications accepted pursuant to
paragraph (1) indicate that, for any census block or census
block group that, as of July 31, 2020, was identified on the
List of Eligible Areas maintained by the Commission, there is
only 1 qualified applicant willing to commit to provide gigabit
broadband internet access service pursuant to the schedule
described in paragraph (3)(C), the Commission shall, not later
than the earlier of October 15, 2020, or 14 days before the
start of the auction--
(A) award to such applicant Rural Digital
Opportunity Fund Phase I support for such census block
or census block group, at 100 percent of the reserve
price (in this paragraph referred to as the ``award'');
(B) remove such census block or census block group
from the auction; and
(C) reduce the budget for the auction by 50 percent
of the amount of the award and reduce the budget for
the Rural Digital Opportunity Fund Phase II auction
provided for in such Report and Order by 50 percent of
the amount of the award.
(3) The Commission shall require an applicant submitting a
long-form application pursuant to paragraph (1), in order for
such application to be considered complete--
(A) to demonstrate project readiness by providing a
network design for a fiber optic cable or hybrid fiber
optic and coaxial cable network (which may include
other technology used in conjunction with the foregoing
solely on an ancillary basis) to be deployed to provide
gigabit broadband internet access service to locations
in each census block or census block group covered by
the application, except that an applicant that has
offered gigabit broadband internet access service
(despite consumer equipment limitations) for at least 2
years before the date on which the application is
submitted shall be presumed to have demonstrated
project readiness;
(B) to demonstrate financial stability by providing
a letter of commitment from a bank or other
documentation to establish that sufficient credit would
be available to such applicant if such applicant
becomes a winning bidder and is awarded support; and
(C) to commit to--
(i) begin construction not later than 6
months following funding authorization; and
(ii) begin to make service available in at
least one awarded census block not later than 1
year following funding authorization.
(4) A recipient of an award of support under paragraph
(2)(A) shall have a reasonable opportunity, of not less than 90
days after the date on which such award of support is made, to
cure any deficiencies in a long-form application submitted
pursuant to paragraph (1).
(5) If a recipient of an award of support under paragraph
(2)(A) for a census block or census block group fails to meet
the deployment schedule to which the recipient committed under
paragraph (3)(C), the Commission shall revoke such award of
support and include such census block or census block group for
competitive bidding in the Rural Digital Opportunity Fund Phase
II auction provided for in such Report and Order, unless such
deployment schedule is extended by the Commission for good
cause, due to extenuating circumstances outside the control of
the recipient and the Commission finds that the recipient is
making good faith efforts to overcome such circumstances.
(6) Notwithstanding any other provision of law, the
Commission shall not require any short-form or long-form
applicant to be designated as an eligible telecommunications
carrier under section 214(e) of the Communications Act of 1934
(47 U.S.C. 214(e)) in order to receive Rural Digital
Opportunity Fund Phase I or Phase II support.
(b) Definitions.--In this section:
(1) Broadband internet access service.--The term
``broadband internet access service'' has the meaning given
such term in section 8.1(b) of title 47, Code of Federal
Regulations (or any successor regulation).
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Gigabit broadband internet access service.--The term
``gigabit broadband internet access service'' means broadband
internet access service with a downstream speed of at least 1
gigabit per second.
SEC. 2. ENSURING THE FCC CREATES ACCURATE SERVICE MAPS.
(a) Authorization of Appropriations.--Title VIII of the
Communications Act of 1934 (47 U.S.C. 641 et seq.) is amended by adding
at the end the following:
``SEC. 807. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to the Commission to carry
out this title--
``(1) $25,000,000 for fiscal year 2020; and
``(2) $9,000,000 for each of the fiscal years 2021 through
2027.''.
(b) Deadline for Creation of Maps.--Section 802(c)(1) of the
Communications Act of 1934 (47 U.S.C. 642(c)(1)) is amended by striking
``create'' and inserting ``create, not later than October 1, 2020''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
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