Section 1 Short title
This Act may be cited as the “Speed Up Broadband Access Act of 2018”.
Speed Up Broadband Access Act of 2018
A BILL
To prohibit the use of Federal funds for the provision of broadband service in any State that has in effect a law, regulation, or other requirement that prohibits, limits, places conditions on, or regulates the provision of broadband service by public, cooperative, or nonprofit broadband providers.
Sec. 2 Prohibition on Federal funds for broadband in States that limit public, co-op, or nonprofit broadband providers
In general— No Federal funds may be used for the provision of broadband service in any State that has in effect a law, regulation, or other requirement having the force or effect of law that prohibits, limits, places conditions on, or regulates the provision of broadband service—
by a political subdivision of such State (or an agency or instrumentality of such subdivision) to residents of such political subdivision; or
by any nonprofit organization, or any person who is cooperatively organized, to residents of such State.
Availability of Federal funds for public, co-Op, and nonprofit broadband providers— Subsection (a) shall not apply to the use of Federal funds for the provision of broadband service by an entity described in paragraph (1) or (2) of subsection (a).
Treatment of generally applicable State laws— For purposes of subsection (a), a law, regulation, or other requirement having the force or effect of law that applies generally to the provision of broadband service in a State, including by private, for-profit providers, shall not be considered to prohibit, limit, place conditions on, or regulate the provision of broadband service by an entity described in paragraph (1) or (2) of such subsection.
Definitions— In this section:
Broadband service— The term “broadband service” means advanced telecommunications capability (as defined in section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302)).
Federal funds— The term “Federal funds” means any grant, loan, loan guarantee, or other form of financial support that is provided by the Federal Government.
Nonprofit organization— The term “nonprofit organization” means any corporation or association, however organized, no part of the net earnings of which inures to the benefit of any private shareholder or individual.
State— The term “State” means each of the several States, the District of Columbia, and each commonwealth, territory, or possession of the United States.