USC Chapter 12

USC Chapter 12
in effect

47 U.S.C. § 1301 Findings

The Congress finds the following: (1) The deployment and adoption of broadband technology has resulted in enhanced economic development and public safety for communities across the Nation, improved health care and educational opportunities, and a better quality of life for all Americans. (2) Continued progress in the deployment and adoption of broadband technology is vital to ensuring that our Nation remains competitive and continues to create business and job growth. (3) Improving Federal data on the deployment and adoption of broadband service will assist in the development of broadband technology across all regions of the Nation. (4) The Federal Government should also recognize and encourage complementary State efforts to improve the quality and usefulness of broadband data and should encourage and support the partnership of the public and private sectors in the continued growth of broadband services and information technology for the residents and businesses of the Nation.

47 U.S.C. § 1302 Advanced telecommunications incentives

(a) In generalThe Commission and each State commission with regulatory jurisdiction over telecommunications services shall encourage the deployment on a reasonable and timely basis of advanced telecommunications capability to all Americans (including, in particular, elementary and secondary schools and classrooms) by utilizing, in a manner consistent with the public interest, convenience, and necessity, price cap regulation, regulatory forbearance, measures that promote competition in the local telecommunications market, or other regulating methods that remove barriers to infrastructure investment. (b) InquiryThe Commission shall, within 30 months after February 8, 1996, and annually thereafter, initiate a notice of inquiry concerning the availability of advanced telecommunications capability to all Americans (including, in particular, elementary and secondary schools and classrooms) and shall complete the inquiry within 180 days after its initiation. In the inquiry, the Commission shall determine whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion. If the Commission’s determination is negative, it shall take immediate action to accelerate deployment of such capability by removing barriers to infrastructure investment and by promoting competition in the telecommunications market. (c) Demographic information for unserved areasAs part of the inquiry required by subsection (b), the Commission shall compile a list of geographical areas that are not served by any provider of advanced telecommunications capability (as defined by subsection (d)(1)) 11 See References in Text note below. and to the extent that data from the Census Bureau is available, determine, for each such unserved area—(1) the population; (2) the population density; and (3) the average per capita income. (d) DefinitionsFor purposes of this subsection: 22 So in original. Probably should be “section:”.(1) Advanced telecommunications capabilityThe term “advanced telecommunications capability” is defined, without regard to any transmission media or technology, as high-speed, switched, broadband telecommunications capability that enables users to originate and receive high-quality voice, data, graphics, and video telecommunications using any technology. (2) Elementary and secondary schoolsThe term “elementary and secondary schools” means elementary and secondary schools, as defined in section 7801 of title 20.

47 U.S.C. § 1303 Improving Federal data on broadband

(a) Omitted (b) International comparison(1) In generalAs part of its report under section 163 of this title, the Federal Communications Commission shall include information comparing the extent of broadband service capability (including data transmission speeds and price for broadband service capability) in a total of 75 communities in at least 25 countries abroad for each of the data rate benchmarks for broadband service utilized by the Commission to reflect different speed tiers. (2) ContentsThe Commission shall choose communities for the comparison under this subsection in a manner that will offer, to the extent possible, communities of a population size, population density, topography, and demographic profile that are comparable to the population size, population density, topography, and demographic profile of various communities within the United States. The Commission shall include in the comparison under this subsection—(A) a geographically diverse selection of countries; and (B) communities including the capital cities of such countries. (3) Similarities and differencesThe Commission shall identify relevant similarities and differences in each community, including their market structures, the number of competitors, the number of facilities-based providers, the types of technologies deployed by such providers, the applications and services those technologies enable, the regulatory model under which broadband service capability is provided, the types of applications and services used, business and residential use of such services, and other media available to consumers. (c) Consumer survey of broadband service capability(1) In generalFor the purpose of evaluating, on a statistically significant basis, the national characteristics of the use of broadband service capability, the Commission shall conduct and make public periodic surveys of consumers in urban, suburban, and rural areas in the large business, small business, and residential consumer markets to determine—(A) the types of technology used to provide the broadband service capability to which consumers subscribe; (B) the amounts consumers pay per month for such capability; (C) the actual data transmission speeds of such capability; (D) the types of applications and services consumers most frequently use in conjunction with such capability; (E) for consumers who have declined to subscribe to broadband service capability, the reasons given by such consumers for declining such capability; (F) other sources of broadband service capability which consumers regularly use or on which they rely; and (G) any other information the Commission deems appropriate for such purpose. (2) Public availabilityThe Commission shall make publicly available the results of surveys conducted under this subsection at least once per year. (d) Improving Census data on broadbandThe Secretary of Commerce, in consultation with the Federal Communications Commission, shall expand the American Community Survey conducted by the Bureau of the Census to elicit information for residential households, including those located on native lands, to determine whether persons at such households own or use a computer at that address, whether persons at that address subscribe to Internet service and, if so, whether such persons subscribe to dial-up or broadband Internet service at that address. (e) Proprietary informationNothing in this chapter shall reduce or remove any obligation the Commission has to protect proprietary information, nor shall this chapter be construed to compel the Commission to make publicly available any proprietary information.

47 U.S.C. § 1304 Encouraging State initiatives to improve broadband

(a) PurposesThe purposes of any grant under subsection (b) are—(1) to ensure that all citizens and businesses in a State have access to affordable and reliable broadband service; (2) to achieve improved technology literacy, increased computer ownership, and broadband use among such citizens and businesses; (3) to establish and empower local grassroots technology teams in each State to plan for improved technology use across multiple community sectors; and (4) to establish and sustain an environment ripe for broadband services and information technology investment. (b) Establishment of State broadband data and development grant program(1) In generalThe Secretary of Commerce shall award grants, taking into account the results of the peer review process under subsection (d), to eligible entities for the development and implementation of statewide initiatives to identify and track the availability and adoption of broadband services within each State. (2) Competitive basisAny grant under subsection (b) shall be awarded on a competitive basis. (c) EligibilityTo be eligible to receive a grant under subsection (b), an eligible entity shall—(1) submit an application to the Secretary of Commerce, at such time, in such manner, and containing such information as the Secretary may require; (2) contribute matching non-Federal funds in an amount equal to not less than 20 percent of the total amount of the grant; and (3) agree to comply with confidentiality requirements in subsection (h)(2) of this section. (d) Peer review; nondisclosure(1) In generalThe Secretary shall by regulation require appropriate technical and scientific peer review of applications made for grants under this section. (2) Review proceduresThe regulations required under paragraph (1) shall require that any technical and scientific peer review group—(A) be provided a written description of the grant to be reviewed; (B) provide the results of any review by such group to the Secretary of Commerce; and (C) certify that such group will enter into voluntary nondisclosure agreements as necessary to prevent the unauthorized disclosure of confidential and proprietary information provided by broadband service providers in connection with projects funded by any such grant. (e) Use of fundsA grant awarded to an eligible entity under subsection (b) shall be used—(1) to provide a baseline assessment of broadband service deployment in each State; (2) to identify and track—(A) areas in each State that have low levels of broadband service deployment; (B) the rate at which residential and business users adopt broadband service and other related information technology services; and (C) possible suppliers of such services; (3) to identify barriers to the adoption by individuals and businesses of broadband service and related information technology services, including whether or not—(A) the demand for such services is absent; and (B) the supply for such services is capable of meeting the demand for such services; (4) to identify the speeds of broadband connections made available to individuals and businesses within the State, and, at a minimum, to rely on the data rate benchmarks for broadband service utilized by the Commission to reflect different speed tiers, to promote greater consistency of data among the States; (5) to create and facilitate in each county or designated region in a State a local technology planning team—(A) with members representing a cross section of the community, including representatives of business, telecommunications labor organizations, K–12 education, health care, libraries, higher education, community-based organizations, local government, tourism, parks and recreation, and agriculture; and (B) which shall—(i) benchmark technology use across relevant community sectors; (ii) set goals for improved technology use within each sector; and (iii) develop a tactical business plan for achieving its goals, with specific recommendations for online application development and demand creation; (6) to work collaboratively with broadband service providers and information technology companies to encourage deployment and use, especially in unserved areas and areas in which broadband penetration is significantly below the national average, through the use of local demand aggregation, mapping analysis, and the creation of market intelligence to improve the business case for providers to deploy; (7) to establish programs to improve computer ownership and Internet access for unserved areas and areas in which broadband penetration is significantly below the national average; (8) to collect and analyze detailed market data concerning the use and demand for broadband service and related information technology services; (9) to facilitate information exchange regarding the use and demand for broadband services between public and private sectors; and (10) to create within each State a geographic inventory map of broadband service, including the data rate benchmarks for broadband service utilized by the Commission to reflect different speed tiers, which shall—(A) identify gaps in such service through a method of geographic information system mapping of service availability based on the geographic boundaries of where service is available or unavailable among residential or business customers; and (B) provide a baseline assessment of statewide broadband deployment in terms of households with high-speed availability. (f) Participation limitFor each State, an eligible entity may not receive a new grant under this section to fund the activities described in subsection (d) within such State if such organization obtained prior grant awards under this section to fund the same activities in that State in each of the previous 4 consecutive years. (g) Reporting; broadband inventory mapThe Secretary of Commerce shall—(1) require each recipient of a grant under subsection (b) to submit a report on the use of the funds provided by the grant; and (2) create a web page on the Department of Commerce website that aggregates relevant information made available to the public by grant recipients, including, where appropriate, hypertext links to any geographic inventory maps created by grant recipients under subsection (e)(10). (h) Access to aggregate data(1) In generalSubject to paragraph (2), the Commission shall provide eligible entities access, in electronic form, to aggregate data collected by the Commission based on the Form 477 submissions of broadband service providers. (2) LimitationNotwithstanding any provision of Federal or State law to the contrary, an eligible entity shall treat any matter that is a trade secret, commercial or financial information, or privileged or confidential, as a record not subject to public disclosure except as otherwise mutually agreed to by the broadband service provider and the eligible entity. This paragraph applies only to information submitted by the Commission or a broadband provider to carry out the provisions of this chapter and shall not otherwise limit or affect the rules governing public disclosure of information collected by any Federal or State entity under any other Federal or State law or regulation. (i) DefinitionsIn this section:(1) CommissionThe term “Commission” means the Federal Communications Commission. (2) Eligible entityThe term “eligible entity” means—(A) an entity that is either—(i) an agency or instrumentality of a State, or a municipality or other subdivision (or agency or instrumentality of a municipality or other subdivision) of a State; (ii) a nonprofit organization that is described in section 501(c)(3) of title 26 and that is exempt from taxation under section 501(a) of such title; or (iii) an independent agency or commission in which an office of a State is a member on behalf of the State; and (B) is the single eligible entity in the State that has been designated by the State to receive a grant under this section. (j) No regulatory authorityNothing in this section shall be construed as giving any public or private entity established or affected by this chapter any regulatory jurisdiction or oversight authority over providers of broadband services or information technology.

47 U.S.C. § 1305 Broadband Technology Opportunities Program

(a) EstablishmentThe Assistant Secretary of Commerce for Communications and Information (Assistant Secretary), in consultation with the Federal Communications Commission (Commission), shall establish a national broadband service development and expansion program in conjunction with the technology opportunities program, which shall be referred to as the Broadband Technology Opportunities Program. The Assistant Secretary shall ensure that the program complements and enhances and does not conflict with other Federal broadband initiatives and programs. (b) PurposesThe purposes of the program are to—(1) provide access to broadband service to consumers residing in unserved areas of the United States; (2) provide improved access to broadband service to consumers residing in underserved areas of the United States; (3) provide broadband education, awareness, training, access, equipment, and support to—(A) schools, libraries, medical and healthcare providers, community colleges and other institutions of higher education, and other community support organizations and entities to facilitate greater use of broadband service by or through these organizations; (B) organizations and agencies that provide outreach, access, equipment, and support services to facilitate greater use of broadband service by low-income, unemployed, aged, and otherwise vulnerable populations; and (C) job-creating strategic facilities located within a State-designated economic zone, Economic Development District designated by the Department of Commerce, Renewal Community or Empowerment Zone designated by the Department of Housing and Urban Development, or Enterprise Community designated by the Department of Agriculture; (4) improve access to, and use of, broadband service by public safety agencies; and (5) stimulate the demand for broadband, economic growth, and job creation. (c) Consultation with StatesThe Assistant Secretary may consult a State, the District of Columbia, or territory or possession of the United States with respect to—(1) the identification of areas described in subsection (b)(1) or (2) located in that State; and (2) the allocation of grant funds within that State for projects in or affecting the State. (d) Duties of Assistant SecretaryThe Assistant Secretary shall—(1) establish and implement the grant program as expeditiously as practicable; (2) ensure that all awards are made before the end of fiscal year 2010; (3) seek such assurances as may be necessary or appropriate from grantees under the program that they will substantially complete projects supported by the program in accordance with project timelines, not to exceed 2 years following an award; and (4) report on the status of the program to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, every 90 days. (e) EligibilityTo be eligible for a grant under the program, an applicant shall—(1)(A) be a State or political subdivision thereof, the District of Columbia, a territory or possession of the United States, an Indian tribe (as defined in section 5304 of title 25) or native Hawaiian organization; (B) a nonprofit—(i) foundation, (ii) corporation, (iii) institution, or (iv) association; or (C) any other entity, including a broadband service or infrastructure provider, that the Assistant Secretary finds by rule to be in the public interest. In establishing such rule, the Assistant Secretary shall to the extent practicable promote the purposes of this section in a technologically neutral manner; (2) submit an application, at such time, in such form, and containing such information as the Assistant Secretary may require; (3) provide a detailed explanation of how any amount received under the program will be used to carry out the purposes of this section in an efficient and expeditious manner, including a showing that the project would not have been implemented during the grant period without Federal grant assistance; (4) demonstrate, to the satisfaction of the Assistant Secretary, that it is capable of carrying out the project or function to which the application relates in a competent manner in compliance with all applicable Federal, State, and local laws; (5) demonstrate, to the satisfaction of the Assistant Secretary, that it will appropriate (if the applicant is a State or local government agency) or otherwise unconditionally obligate, from non-Federal sources, funds required to meet the requirements of subsection (f); (6) disclose to the Assistant Secretary the source and amount of other Federal or State funding sources from which the applicant receives, or has applied for, funding for activities or projects to which the application relates; and (7) provide such assurances and procedures as the Assistant Secretary may require to ensure that grant funds are used and accounted for in an appropriate manner. (f) Federal shareThe Federal share of any project may not exceed 80 percent, except that the Assistant Secretary may increase the Federal share of a project above 80 percent if—(1) the applicant petitions the Assistant Secretary for a waiver; and (2) the Assistant Secretary determines that the petition demonstrates financial need. (g) Authorization to make grants; purposesThe Assistant Secretary may make competitive grants under the program to—(1) acquire equipment, instrumentation, networking capability, hardware and software, digital network technology, and infrastructure for broadband services; (2) construct and deploy broadband service related infrastructure; (3) ensure access to broadband service by community anchor institutions; (4) facilitate access to broadband service by low-income, unemployed, aged, and otherwise vulnerable populations in order to provide educational and employment opportunities to members of such populations; (5) construct and deploy broadband facilities that improve public safety broadband communications services; and (6) undertake such other projects and activities as the Assistant Secretary finds to be consistent with the purposes for which the program is established. (h) Factors considered in award of grantsThe Assistant Secretary, in awarding grants under this section, shall, to the extent practical—(1) award not less than 1 grant in each State; (2) consider whether an application to deploy infrastructure in an area—(A) will, if approved, increase the affordability of, and subscribership to, service to the greatest population of users in the area; (B) will, if approved, provide the greatest broadband speed possible to the greatest population of users in the area; (C) will, if approved, enhance service for health care delivery, education, or children to the greatest population of users in the area; and (D) will, if approved, not result in unjust enrichment as a result of support for non-recurring costs through another Federal program for service in the area; and (3) consider whether the applicant is a socially and economically disadvantaged small business concern as defined under section 637(a) of title 15. (i) Reporting and information requirements; deobligation of awards; Internet disclosureThe Assistant Secretary—(1) shall require any entity receiving a grant pursuant to this section to report quarterly, in a format specified by the Assistant Secretary, on such entity’s use of the assistance and progress fulfilling the objectives for which such funds were granted, and the Assistant Secretary shall make these reports available to the public; (2) may establish additional reporting and information requirements for any recipient of any assistance made available pursuant to this section; (3) shall establish appropriate mechanisms to ensure appropriate use and compliance with all terms of any use of funds made available pursuant to this section; (4) may, in addition to other authority under applicable law, deobligate awards to grantees that demonstrate an insufficient level of performance, or wasteful or fraudulent spending, as defined in advance by the Assistant Secretary, and award these funds competitively to new or existing applicants consistent with this section; and (5) shall create and maintain a fully searchable database, accessible on the Internet at no cost to the public, that contains at least a list of each entity that has applied for a grant under this section, a description of each application, the status of each such application, the name of each entity receiving funds made available pursuant to this section, the purpose for which such entity is receiving such funds, each quarterly report submitted by the entity pursuant to this section, and such other information sufficient to allow the public to understand and monitor grants awarded under the program. (j) Publication of contractual conditionsConcurrent with the issuance of the Request for Proposal for grant applications pursuant to this section, the Assistant Secretary shall, in coordination with the Commission, publish the non-discrimination and network interconnection obligations that shall be contractual conditions of grants awarded under this section, including, at a minimum, adherence to the principles contained in the Commission’s broadband policy statement (FCC 05-15, adopted August 5, 2005). (k) National broadband plan(1) Not later than 1 year after February 17, 2009, the Commission shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, a report containing a national broadband plan. (2) The national broadband plan required by this section shall seek to ensure that all people of the United States have access to broadband capability and shall establish benchmarks for meeting that goal. The plan shall also include—(A) an analysis of the most effective and efficient mechanisms for ensuring broadband access by all people of the United States; (B) a detailed strategy for achieving affordability of such service and maximum utilization of broadband infrastructure and service by the public; (C) an evaluation of the status of deployment of broadband service, including progress of projects supported by the grants made pursuant to this section; and (D) a plan for use of broadband infrastructure and services in advancing consumer welfare, civic participation, public safety and homeland security, community development, health care delivery, energy independence and efficiency, education, worker training, private sector investment, entrepreneurial activity, job creation and economic growth, and other national purposes. (3) In developing the plan, the Commission shall have access to data provided to other Government agencies under the Broadband Data Improvement Act [47 U.S.C. 1301 et seq.]. (l) Map of service availability and capabilityThe Assistant Secretary shall develop and maintain a comprehensive nationwide inventory map of existing broadband service capability and availability in the United States that depicts the geographic extent to which broadband service capability is deployed and available from a commercial provider or public provider throughout each State. Not later than 2 years after February 17, 2009, the Assistant Secretary shall make the broadband inventory map developed and maintained pursuant to this section accessible by the public on a World Wide Web site of the National Telecommunications and Information Administration in a form that is interactive and searchable. (m) RegulationsThe Assistant Secretary shall have the authority to prescribe such rules as are necessary to carry out the purposes of this section.

47 U.S.C. § 1306 Connecting minority communities

(a) DefinitionsIn this section:(1) Anchor community(A) In generalThe term “anchor community” means any area that—(i) except as provided in subparagraph (B), is not more than 15 miles from a historically Black college or university, a Tribal College or University, or a Minority-serving institution; and (ii) has an estimated median annual household income of not more than 250 percent of the poverty line, as that term is defined in section 9902(2) of title 42. (B) Certain Tribal Colleges or UniversitiesWith respect to a Tribal College or University that is located on land held in trust by the United States, the Assistant Secretary, in consultation with the Secretary of the Interior, may establish a different maximum distance for the purposes of subparagraph (A)(i) if the Assistant Secretary is able to ensure that, in establishing that different maximum distance, each anchor community that is established as a result of that action is statistically comparable to other anchor communities described in subparagraph (A). (2) Assistant SecretaryThe term “Assistant Secretary” means the Assistant Secretary of Commerce for Communications and Information. (3) Broadband internet access serviceThe term “broadband internet access service” has the meaning given the term in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation. (4) CommissionThe term “Commission” means the Federal Communications Commission. (5) Connected deviceThe term “connected device” means a laptop computer, tablet computer, or similar device that is capable of connecting to broadband internet access service. (6) DirectorThe term “Director” means the Director of the Office. (7) Eligible equipmentThe term “eligible equipment” means—(A) a Wi-Fi hotspot; (B) a modem; (C) a router; (D) a device that combines a modem and router; (E) a connected device; or (F) any other equipment used to provide access to broadband internet access service. (8) Eligible recipientThe term “eligible recipient” means—(A) a historically Black college or university; (B) a Tribal College or University; (C) a Minority-serving institution; or (D) a consortium that is led by a historically Black college or university, a Tribal College or University, or a Minority-serving institution and that also includes—(i) a minority business enterprise; or (ii) an organization described in section 501(c)(3) of title 26 and exempt from tax under section 501(a) of such title. (9) Historically Black college or universityThe term “historically Black college or university” has the meaning given the term “part B institution” in section 1061 of title 20. (10) Minority-serving institutionThe term “Minority-serving institution” means any of the following:(A) An Alaska Native-serving institution, as that term is defined in section 1059d(b) of title 20. (B) A Native Hawaiian-serving institution, as that term is defined in section 1059d(b) of title 20. (C) A Hispanic-serving institution, as that term is defined in section 1101a(a) of title 20. (D) A Predominantly Black institution, as that term is defined in section 1067q(c) of title 20. (E) An Asian American and Native American Pacific Islander-serving institution, as that term is defined in section 1059g(b) of title 20. (F) A Native American-serving, nontribal institution, as that term is defined in section 1059f(b) of title 20. (11) Minority business enterpriseThe term “minority business enterprise” has the meaning given the term in section 1400.2 of title 15, Code of Federal Regulations, or any successor regulation. (12) OfficeThe term “Office” means the Office of Minority Broadband Initiatives established pursuant to subsection (b)(1). (13) Pilot ProgramThe term “Pilot Program” means the Connecting Minority Communities Pilot Program established under the rules promulgated by the Assistant Secretary under subsection (c)(1). (14) Tribal College or UniversityThe term “Tribal College or University” has the meaning given the term in section 1059c(b) of title 20. (15) Wi-FiThe term “Wi-Fi” means a wireless networking protocol based on Institute of Electrical and Electronics Engineers standard 802.11, or any successor standard. (16) Wi-Fi hotspotThe term “Wi-Fi hotspot” means a device that is capable of—(A) receiving broadband internet access service; and (B) sharing broadband internet access service with another device through the use of Wi-Fi. (b) Office of Minority Broadband Initiatives(1) EstablishmentNot later than 180 days after December 27, 2020, the Assistant Secretary shall establish within the National Telecommunications and Information Administration the Office of Minority Broadband Initiatives. (2) DirectorThe Office shall be headed by the Director of the Office of Minority Broadband Initiatives, who shall be appointed by the Assistant Secretary. (3) DutiesThe Office, acting through the Director, shall—(A) collaborate with Federal agencies that carry out broadband internet access service support programs to determine how to expand access to broadband internet access service and other digital opportunities in anchor communities; (B) collaborate with State, local, and Tribal governments, historically Black colleges or universities, Tribal Colleges or Universities, Minority-serving institutions, and stakeholders in the communications, education, business, and technology fields to—(i) promote—(I) initiatives relating to broadband internet access service connectivity for anchor communities; and (II) digital opportunities for anchor communities; (ii) develop recommendations to promote the rapid, expanded deployment of broadband internet access service to unserved historically Black colleges or universities, Tribal Colleges or Universities, Minority-serving institutions, and anchor communities, including to—(I) students, faculty, and staff of historically Black colleges or universities, Tribal Colleges or Universities, and Minority-serving institutions; and (II) senior citizens and veterans who live in anchor communities; (iii) promote activities that would accelerate the adoption of broadband internet access service (including any associated equipment or personnel necessary to access and use that service, such as modems, routers, devices that combine a modem and a router, Wi-Fi hotspots, and connected devices)—(I) by students, faculty, and staff of historically Black colleges or universities, Tribal Colleges or Universities, and Minority-serving institutions; and (II) within anchor communities; (iv) upon request, provide assistance to historically Black colleges or universities, Tribal Colleges or Universities, Minority-serving institutions, and leaders from anchor communities with respect to navigating Federal programs dealing with broadband internet access service; (v) promote digital literacy skills, including by providing opportunities for virtual or in-person digital literacy training and education; (vi) promote professional development opportunity partnerships between industry and historically Black colleges or universities, Tribal Colleges or Universities, and Minority-serving institutions to help ensure that information technology personnel and students of historically Black colleges or universities, Tribal Colleges or Universities, and Minority-serving institutions have the skills needed to work with new and emerging technologies with respect to broadband internet access service; and (vii) explore how to leverage investment in infrastructure with respect to broadband internet access service to—(I) expand connectivity with respect to that service in anchor communities and by students, faculty, and staff of historically Black colleges or universities, Tribal Colleges or Universities, and Minority-serving institutions; (II) encourage investment in communities that have been designated as qualified opportunity zones under section 1400Z–1 of title 26; and (III) serve as a catalyst for adoption of that service, so as to promote job growth and economic development and deployment of advanced technologies; and (C) assume any functions carried out under the Minority Broadband Initiative of the National Telecommunications and Information Administration, as of the day before December 27, 2020. (4) Reports(A) In generalNot later than 1 year after the date on which the Assistant Secretary establishes the Office under paragraph (1), and annually thereafter, the Assistant Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that—(i) for the year covered by the report, details the work of the Office in expanding access to fixed and mobile broadband internet access service—(I) at historically Black colleges or universities, Tribal Colleges or Universities, and Minority-serving institutions, including by expanding that access to students, faculty, and staff of historically Black colleges or universities, Tribal Colleges or Universities, and Minority-serving institutions; and (II) within anchor communities; and (ii) identifies barriers to providing access to broadband internet access service—(I) at historically Black colleges or universities, Tribal Colleges or Universities, and Minority-serving institutions, including to students, faculty, and staff of historically Black colleges or universities, Tribal Colleges or Universities, and Minority-serving institutions; and (II) within anchor communities. (B) Public availabilityNot later than 30 days after the date on which the Assistant Secretary submits a report under subparagraph (A), the Assistant Secretary shall, to the extent feasible, make that report publicly available. (c) Connecting Minority Communities Pilot Program(1) Rules required(A) In generalNot later than 45 days after December 27, 2020, the Assistant Secretary shall promulgate rules establishing the Connecting Minority Communities Pilot Program, the purpose of which shall be to provide grants to eligible recipients in anchor communities for the purchase of broadband internet access service or any eligible equipment, or to hire and train information technology personnel—(i) in the case of an eligible recipient described in subparagraph (A), (B), or (C) of subsection (a)(8), to facilitate educational instruction and learning, including through remote instruction; (ii) in the case of an eligible recipient described in subsection (a)(8)(D)(i), to operate the minority business enterprise; or (iii) in the case of an eligible recipient described in subsection (a)(8)(D)(ii), to operate the organization. (B) ContentThe rules promulgated under subparagraph (A) shall—(i) establish a method for identifying which eligible recipients in anchor communities have the greatest unmet financial needs; (ii) ensure that grants under the Pilot Program are made—(I) to eligible recipients identified under the method established under clause (i); and (II) in a manner that best achieves the purposes of the Pilot Program; (iii) require that an eligible recipient described in subparagraph (A), (B), or (C) of subsection (a)(8) that receives a grant to provide broadband internet access service or eligible equipment to students prioritizes students who—(I) are eligible to receive a Federal Pell Grant under section 1070a of title 20; (II) are recipients of any other need-based financial aid from the Federal Government, a State, or that eligible recipient; (III) are qualifying low-income consumers for the purposes of the program carried out under subpart E of part 54 of title 47, Code of Federal Regulations, or any successor regulations; (IV) are low-income individuals, as that term is defined in section 1058(g) of title 20; or (V) have been approved to receive unemployment insurance benefits under any Federal or State law since March 1, 2020; (iv) provide that a recipient of a grant under the Pilot Program—(I) shall use eligible equipment for a purpose that the recipient considers to be appropriate, subject to any restriction provided in those rules (or any successor rules); (II) if the recipient lends, or otherwise provides, eligible equipment to students or patrons, shall prioritize lending or providing to such individuals that the recipient believes do not have access to that equipment, subject to any restriction provided in those rules (or any successor rules); and (III) may not sell or otherwise transfer eligible equipment in exchange for any thing (including a service) of value; (v) include audit requirements that—(I) ensure that a recipient of a grant made under the Pilot Program uses grant funds in compliance with the requirements of this section and the overall purpose of the Pilot Program; and (II) prevent waste, fraud, and abuse in the operation of the Pilot Program; (vi) provide that not less than 40 percent of the amount of the grants made under the Pilot Program are made to Historically Black colleges or universities; and (vii) provide that not less than 20 percent of the amount of the grants made under the Pilot Program are made to eligible recipients described in subparagraphs (A), (B), and (C) of subsection (a)(8) to provide broadband internet access service or eligible equipment to students of those eligible recipients. (2) Fund(A) EstablishmentThere is established in the Treasury of the United States a fund to be known as the Connecting Minority Communities Fund. (B) Use of FundAmounts in the Connecting Minority Communities Fund established under subparagraph (A) shall be available to the Assistant Secretary to provide support under the rules promulgated under paragraph (1). (3) Interagency coordinationWhen making grants under the Pilot Program, the Assistant Secretary shall coordinate with other Federal agencies, including the Commission, the National Science Foundation, and the Department of Education, to ensure the efficient expenditure of Federal funds, including by preventing multiple expenditures of Federal funds for the same purpose. (4) Audits(A) In generalFor each of fiscal years 2021 and 2022, the Inspector General of the Department of Commerce shall conduct an audit of the Pilot Program according to the requirements established under paragraph (1)(B)(v). (B) ReportAfter completing each audit conducted under subparagraph (A), the Inspector General of the Department of Commerce shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that details the findings of the audit. (5) Direct appropriationThere is appropriated, out of amounts in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2021, to remain available until expended, $285,000,000 to the Connecting Minority Communities Fund established under paragraph (2). (6) TerminationExcept with respect to the report required under paragraph (7) and the authority of the Secretary of Commerce and the Inspector General of the Department of Commerce described in paragraph (8), the Pilot Program, including all reporting requirements under this section, shall terminate on the date on which the amounts made available to carry out the Pilot Program are fully expended. (7) ReportNot later than 90 days after the date on which the Pilot Program terminates under paragraph (6), the Assistant Secretary, after consulting with eligible recipients that received grants under the Pilot Program, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that—(A) describes the manner in which the Pilot Program was carried out; (B) identifies each eligible recipient that received a grant under the Pilot Program; and (C) contains information regarding the effectiveness of the Pilot Program, including lessons learned in carrying out the Pilot Program and recommendations for future action. (8) Savings provisionThe termination of the Pilot Program under paragraph (6) shall not limit, alter, or affect the ability of the Secretary of Commerce or the Inspector General of the Department of Commerce to—(A) investigate waste, fraud, and abuse with respect to the Pilot Program; or (B) recover funds that are misused under the Pilot Program.

47 U.S.C. § 1307 Office of Internet Connectivity and Growth

(a) Short titleThis section may be cited as the “Advancing Critical Connectivity Expands Service, Small Business Resources, Opportunities, Access, and Data Based on Assessed Need and Demand Act” or the “ACCESS BROADBAND Act”. (b) EstablishmentNot later than 180 days after December 27, 2020, the Assistant Secretary shall establish the Office of Internet Connectivity and Growth within the National Telecommunications and Information Administration. (c) Duties(1) OutreachThe Office shall—(A) connect with communities that need access to high-speed internet and improved digital inclusion efforts through various forms of outreach and communication techniques; (B) hold regional workshops across the country to share best practices and effective strategies for promoting broadband access and adoption; (C) develop targeted broadband training and presentations for various demographic communities through various media; (D) develop and distribute publications (including toolkits, primers, manuals, and white papers) providing guidance, strategies, and insights to communities as the communities develop strategies to expand broadband access and adoption; and (E) as applicable in carrying out subparagraphs (A) through (D), coordinate with State agencies that provide similar broadband investments, outreach, and coordination through Federal programs. (2) Tracking of Federal dollars(A) Broadband infrastructureThe Office shall track the construction and use of and access to any broadband infrastructure built using any Federal support in a central database. (B) Accounting mechanismThe Office shall develop a streamlined accounting mechanism by which any agency offering a Federal broadband support program and the Commission for any Universal Service Fund Program shall provide the information described in subparagraph (A) in a standardized and efficient fashion. (C) ReportNot later than 1 year after December 27, 2020, and every year thereafter, the Office shall make public on the website of the Office and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the following:(i) A description of the work of the Office for the previous year and the number of residents of the United States that received broadband as result of Federal broadband support programs and the Universal Service Fund Programs. (ii) A description of how many residents of the United States were provided broadband by which universal service mechanism or which Federal broadband support program. (iii) An estimate of the economic impact of such broadband deployment efforts on local economies, including any effect on small businesses or jobs. (d) Relation to current broadband activities of NTIAThe Assistant Secretary shall assign to the Office all activities performed by the National Telecommunications and Information Administration as of December 27, 2020, that are similar to the activities required to be conducted by the Office under this section. (e) Streamlined applications for support(1) Agency consultationThe Office shall consult with any agency offering a Federal broadband support program to streamline and standardize the applications process for financial assistance or grants for such program. (2) Agency streamliningAny agency offering a Federal broadband support program shall amend the applications of the agency for broadband support, to the extent practicable and as necessary, to streamline and standardize applications for Federal broadband support programs across the Government. (3) Single applicationTo the greatest extent practicable, the Office shall seek to create one application that may be submitted to apply for all, or substantially all, Federal broadband support programs. (4) Website requiredNot later than 180 days after December 27, 2020, the Office shall create a central website through which potential applicants can learn about and apply for support through any Federal broadband support program. (f) Coordination of support(1) In generalTo ensure that Federal support for broadband deployment is being distributed in an efficient, technology-neutral, and financially sustainable manner, and that a program does not duplicate any other Federal broadband support program or any Universal Service Fund high-cost program—(A) any agency that offers a Federal broadband support program shall coordinate with the Office consistent with the goals described in paragraph (2); and (B) the Office, with respect to Federal broadband support programs, and the Commission, with respect to the Universal Service Fund high-cost programs, shall coordinate with each other consistent with the goals described in paragraph (2). (2) GoalsThe goals of any coordination conducted pursuant to this subsection are the following:(A) Serving the largest number of unserved locations in the United States and ensuring all residents of the United States have access to high-speed broadband. (B) Promoting the most job and economic growth for all residents of the United States. (3) Broadband availability mapsThe Office and the Commission shall consult the broadband availability maps produced by the Commission when coordinating under paragraph (1). (g) DefinitionsIn this section:(1) AgencyThe term “agency” has the meaning given that term in section 551 of title 5. (2) Assistant SecretaryThe term “Assistant Secretary” means the Assistant Secretary of Commerce for Communications and Information. (3) CommissionThe term “Commission” means the Federal Communications Commission. (4) Federal broadband support programThe term “Federal broadband support program” does not include any Universal Service Fund Program and means any of the following programs (or any other similar Federal program) to the extent the program offers broadband internet service, support for broadband deployment, or programs for promoting broadband access and adoption for various demographic communities through various media for residential, commercial, community providers, or academic establishments:(A) The Telecommunications and Technology Program of the Appalachian Regional Commission. (B) The Telecommunications Infrastructure Loan and Loan Guarantee Program established under the Rural Electrification Act of 1936 [7 U.S.C. 901 et seq.], the rural broadband access program established under title VI of that Act (7 U.S.C. 950bb et seq.), the initiative under section 306F of that Act (7 U.S.C. 936f), the Community Connect Grant Program established under section 604 of that Act (7 U.S.C. 950bb–3), 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 “Rural eConnectivity Pilot Program” or the “ReConnect Program”), and the Distance Learning and Telemedicine Program under chapter 1 of subtitle D of title XXIII of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 950aaa et seq.). (C) Community facility direct and guaranteed loans under section 1926(a) of title 7, community facility grants under paragraph (19), (20), or (21) of section 1926(a) of title 7, and the Rural Community Development Initiative authorized under the heading “Rural Housing Service—Rural Community Facilities Program Account” under title III of division B of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94; 133 Stat. 2629). (D) The Public Works and Economic Adjustment Assistance Programs and the Planning and Local Technical Assistance Programs of the Economic Development Administration of the Department of Commerce. (E) The Community Development Block Grants and Section 108 Loan Guarantees Programs, the Funds for Public Housing Authorities: Capital Fund and Operating Fund, the Multifamily Housing Programs, the Indian Community Development Block Grant Program, the Indian Housing Block Grant Program, the Title VI Loan Guarantee Program, the Choice Neighborhoods Program, the HOME Investment Partnerships Program, the Housing Trust Fund, and the Housing Opportunities for Persons with AIDS Program of the Department of Housing and Urban Development. (F) The American Job Centers of the Employment and Training Administration of the Department of Labor. (G) The Library Services and Technology Grant Programs of the Institute of Museum and Library Services. (5) OfficeThe term “Office” means the Office of Internet Connectivity and Growth established pursuant to subsection (b). (6) Universal Service Fund high-cost programsThe term “Universal Service Fund high-cost programs” means—(A) the program for Universal Service Support for High-Cost Areas set forth under subpart D of part 54 of title 47, Code of Federal Regulations, or any successor thereto; (B) the Rural Digital Opportunity Fund set forth under subpart J of part 54 of title 47, Code of Federal Regulations, or any successor thereto; (C) the Interstate Common Line Support Mechanism for Rate-of-Return Carriers set forth under subpart K of part 54 of title 47, Code of Federal Regulations, or any successor thereto; (D) the Mobility Fund and 5G Fund set forth under subpart L of part 54 of title 47, Code of Federal Regulations, or any successor thereto; and (E) the High Cost Loop Support for Rate-of-Return Carriers program set forth under subpart M of part 54 of title 47, Code of Federal Regulations, or any successor thereto. (7) Universal Service Fund ProgramThe term “Universal Service Fund Program” means any program authorized under section 254 of this title to help deploy broadband. (8) Universal service mechanismThe term “universal service mechanism” means any funding stream provided by a Universal Service Fund Program to support broadband access. (h) Rule of constructionNothing in this section is intended to alter or amend any provision of section 254 of this title.

47 U.S.C. § 1308 Interagency agreement

(a) Short titleThis section may be cited as the “Broadband Interagency Coordination Act of 2020”. (b) Interagency agreement(1) DefinitionsIn this section—(A) the term “covered agency” means—(i) the Federal Communications Commission; (ii) the Department of Agriculture; and (iii) the National Telecommunications and Information Administration; and (B) the term “high-cost programs” means—(i) the program for Universal Service Support for High-Cost Areas set forth under subpart D of part 54 of title 47, Code of Federal Regulations, or any successor thereto; (ii) the Rural Digital Opportunity Fund set forth under subpart J of part 54 of title 47, Code of Federal Regulations, or any successor thereto; (iii) the Interstate Common Line Support Mechanism for Rate-of-Return Carriers set forth under subpart K of part 54 of title 47, Code of Federal Regulations, or any successor thereto; (iv) the Mobility Fund and 5G Fund set forth under subpart L of part 54 of title 47, Code of Federal Regulations, or any successor thereto; and (v) the High Cost Loop Support for Rate-of-Return Carriers program set forth under subpart M of part 54 of title 47, Code of Federal Regulations, or any successor thereto. (2) Interagency agreementNot later than 180 days after December 27, 2020, the heads of the covered agencies shall enter into an interagency agreement requiring coordination between the covered agencies for the distribution of funds for broadband deployment under—(A) the high-cost programs; (B) the programs administered by the Rural Utilities Service of the Department of Agriculture and the Department of Agriculture; and (C) the programs administered by or coordinated through the National Telecommunications and Information Administration. (3) RequirementsIn entering into an interagency agreement with respect to the programs described in paragraph (2), the heads of the covered agencies shall—(A) require that the covered agencies share information with each other about existing or planned projects that have received or will receive funds under the programs described in paragraph (2) for new broadband deployment; (B) provide that—(i) subject to clause (ii), upon request from another covered agency with authority to award or authorize any funds for new broadband deployment in a project area, a covered agency shall provide the other covered agency with any information the covered agency possesses regarding, with respect to the project area—(I) each entity that provides broadband service in the area; (II) levels of broadband service provided in the area, including the speed of broadband service and the technology provided; (III) the geographic scope of broadband service coverage in the area; and (IV) each entity that has received or will receive funds under the programs described in paragraph (2) to provide broadband service in the area; and (ii) if a covered agency designates any information provided to another covered agency under clause (i) as confidential, the other covered agency shall protect the confidentiality of that information; (C) consider basing the distribution of funds for broadband deployment under the programs described in paragraph (2) on standardized data regarding broadband coverage; and (D) provide that the interagency agreement shall be updated periodically, except that the scope of the agreement with respect to the Federal Communications Commission may not expand beyond the high-cost programs. (4) Assessment of agreement(A) Public commentNot later than 1 year after entering into the interagency agreement required under paragraph (2), the Federal Communications Commission shall seek public comment on—(i) the effectiveness of the interagency agreement in facilitating efficient use of funds for broadband deployment; (ii) the availability of Tribal, State, and local data regarding broadband deployment and the inclusion of that data in interagency coordination; and (iii) modifications to the interagency agreement that would improve the efficacy of interagency coordination. (B) Assessment; reportNot later than 18 months after December 27, 2020, the Federal Communications Commission shall—(i) review and assess the comments received under subparagraph (A); and (ii) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report detailing any findings and recommendations from the assessment conducted under clause (i).