Rural Opportunities for Broadband in Underserved Settlements and Towns Act or the ROBUST Act
This bill requires the Federal Communications Commission (FCC) to determine whether spectrum usage rights under covered licenses are unutilized or underutilized in rural areas. A covered license is an FCC-issued license for the use of electromagnetic spectrum (1) whereby a licensee may use such spectrum for the provision of broadband service, and (2) that includes a rural area in any part of its geographic scope.
If the FCC determines that a licensee's spectrum usage rights are unutilized or underutilized in a rural area, it must recommend that the licensee lease the rights to other entities to provide broadband service in that area.
The bill also establishes prioritization and eligibility requirements for funding provided under the Department of Agriculture's Broadband ReConnect Program, which furnishes loans and grants for the costs of infrastructure needed to provide broadband service in rural areas.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3654 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 3654
To expand access to electromagnetic spectrum for the provision of
broadband service in rural areas, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 1, 2021
Mr. Cawthorn (for himself and Mr. Kelly of Mississippi) introduced the
following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committee on Agriculture, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To expand access to electromagnetic spectrum for the provision of
broadband service in rural areas, 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 ``Rural Opportunities for Broadband in
Underserved Settlements and Towns Act'' or the ``ROBUST Act''.
SEC. 2. ACCESS TO ELECTROMAGNETIC SPECTRUM FOR PROVISION OF BROADBAND
SERVICE IN RURAL AREAS.
(a) Evaluation of Spectrum Use.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Commission shall conduct an
evaluation of all covered licenses that are in effect as of the
date of the enactment of this Act in order to determine whether
spectrum usage rights under such licenses are unutilized or
underutilized in rural areas.
(2) Effect of infrastructure deployment on determination.--
In conducting the evaluation under paragraph (1), the
Commission may not determine that spectrum usage rights are
unutilized or underutilized if--
(A) in the case of a license that contains terms
regarding when the licensee is required to deploy
infrastructure or to begin utilizing such spectrum
usage rights, the licensee is in compliance with such
terms; or
(B) in the case of a license that does not contain
such terms--
(i) the licensee is, at the time when the
Commission conducts the evaluation, in the
process of deploying infrastructure to utilize
such spectrum usage rights; and
(ii) after the deployment is complete, the
spectrum usage rights will not be unutilized or
underutilized.
(3) Recommendation to lease unutilized or underutilized
spectrum usage rights.--If the Commission determines in the
evaluation conducted under paragraph (1) that any spectrum
usage rights under a covered license are unutilized or
underutilized in a rural area, the Commission shall, not later
than 90 days after completing such evaluation, issue a
recommendation to the licensee that the licensee lease such
unutilized or underutilized spectrum usage rights to other
entities for the provision of broadband service in such area,
in accordance with subpart X of part 1 of title 47, Code of
Federal Regulations (or any successor regulation).
(b) Sense of Congress on Reduction of License Sizes.--It is the
sense of Congress that, in issuing any covered license (except for a
renewal of such a license), the Commission should ensure that the
geographic area in which such license permits the use of spectrum is as
small as feasible, as determined by the Commission.
(c) Definitions.--In this section:
(1) Broadband service.--The term ``broadband service''
means broadband internet access service (as defined 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) Covered license.--The term ``covered license'' means a
license for the use of electromagnetic spectrum issued by the
Commission under the Communications Act of 1934 (47 U.S.C. 151
et seq.)--
(A) under the terms of which a licensee may use
such spectrum for the provision of broadband service,
regardless of whether such terms expressly refer to the
provision of broadband service; and
(B) any part of the geographic scope of which
includes a rural area, in whole or in part.
(4) Rural area.--The term ``rural area'' means a county
with a population density of fewer than 100 individuals per
square mile.
SEC. 3. ELIGIBILITY AND PERFORMANCE REQUIREMENTS UNDER THE BROADBAND
RECONNECT PROGRAM.
In carrying out the broadband loan and grant pilot program
authorized under section 779 of division A of the Consolidated
Appropriations Act, 2018 (Public Law 115-141; 132 Stat. 399) (commonly
known as the ``Broadband ReConnect Program'', ``ReConnect Program'', or
``Rural eConnectivity Pilot Program''), the Secretary of Agriculture
shall--
(1) with respect to any award receiving grant assistance
under the program, give the highest priority to those projects
providing a download speed of at least 25 megabits per second
and an upload speed of at least 3 megabits per second;
(2) have a licensed engineer or otherwise qualified person
available to provide guidance to any new applicant for
assistance from the program; and
(3) use a portion of the amounts made available for the
program to cover the costs incurred by applicants for a loan
under the program to prepare required preliminary engineering
reports.
<all>
Introduced in House
Introduced in House
Referred to the Subcommittee on Communications and Technology.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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