Enabling Extra Time to Extend Network Deployment Act

“(e) Grants for deployment of broadband infrastructure

“(1) In general—For the purposes of subsection (d), a grant awarded in accordance with this subsection to a provider of broadband internet access service for the deployment of infrastructure for the provision of such service shall be treated as an eligible expenditure under paragraph (1) of such subsection (d) and paragraph (3) of such subsection shall be applied to such an expenditure by substituting “December 31, 2021” for “December 30, 2020”.

“(2) Limitation regarding municipal broadband—A State, Tribal government, or unit of local government may not use funds provided under a payment made under this section—

“(A) to provide or offer for sale broadband internet access service; or

“(B) to purchase, lease, or otherwise obtain facilities that are used exclusively to provide broadband internet access service by—

“(i) the State, Tribal government, or unit of local government; or

“(ii) a third party.

“(3) Limitation regarding overbuilding

“(A) In general—A State, Tribal government, or unit of local government may not award a grant from funds provided under a payment made under this section for the deployment of infrastructure for the provision of broadband internet access in an area that is not an unserved area unless the State, Tribal government, or unit of local government has awarded grants from such funds for the deployment of such infrastructure in all unserved areas in the State, or in the jurisdiction of the Tribal government or unit of local government, as the case may be, such that no such area will remain an unserved area after such deployment is complete.

“(B) Determination of unserved areas—To determine whether an area is an unserved area for purposes of subparagraph (A), a State, Tribal government, or unit of local government shall—

“(i) except as provided in clause (ii), use the maps created under section 802(c)(1) of the Communications Act of 1934 (47 U.S.C. 642(c)(1)); and

“(ii) until such maps are available, use the final list of eligible areas released by the Commission in the matter of Rural Digital Opportunity Fund (WC Docket No. 19–126), except that the State, Tribal government, or unit of local government shall exclude any area in the State, or in the jurisdiction of the Tribal government or unit of local government, as the case may be, with respect to which (as of the time of the determination)—

“(I) funding has been awarded through the Rural Digital Opportunity Fund Phase I Auction; or

“(II) there is an enforceable commitment by a provider of broadband internet access service to provide such service in the area, even if the service is not yet available, unless the provider is not meeting any applicable build-out deadlines.

“(4) Additional requirements—A State, Tribal government, or unit of local government may not award a grant from funds provided under a payment made under this section for the deployment of infrastructure for the provision of broadband internet access service unless the State, Tribal government, or unit of local government—

“(A) at least 90 days before awarding such grant, provides public notice, and an opportunity for challenge that begins on the date on which such public notice is provided and ends on the date that is 90 days thereafter, of which areas have been determined to be unserved areas under paragraph (3)(B) for purposes of the awarding of such grant;

“(B) awards such grant in a technologically neutral manner;

“(C) does not require a provider of broadband internet access service to be designated as an eligible telecommunications carrier under section 214(e) of the Communications Act of 1934 (47 U.S.C. 214(e)) as a condition of receiving grant funds;

“(D) does not require a provider of broadband internet access service to meet any requirement relating to the provision of such service (including an open access or rate requirement) as a condition of receiving grant funds, except for a requirement that applies to providers of broadband internet access service as of the date of the enactment of this subsection;

“(E) prohibits a provider of broadband internet access service from using grant funds to repay, or make any other payment relating to, a loan made by any public or private lender; and

“(F) prohibits a provider of broadband internet access service from using grant funds as collateral for a loan made by any public or private lender.

“(5) Definitions—In this subsection:

“(A) 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).

“(B) Commission—The term “Commission” means the Federal Communications Commission.”