Section 1 Short title
This Act may be cited as the “Connecting Our Neighbors to Networks and Ensuring Competitive Telecommunications Act of 2023” or the “CONNECT Act of 2023”.
Connecting Our Neighbors to Networks and Ensuring Competitive Telecommunications Act of 2023
A BILL
To amend the Rural Electrification Act of 1936 to reform broadband permitting, and for other purposes.
Sec. 2 ReConnect Program
Title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb et seq.) is amended by adding at the end the following:
“607. ReConnect Program
“(a) Definition of ReConnect Program—In this section, the term ReConnect Program means 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) (or a successor provision of law that authorizes that program).
“(b) Technical assistance and applications support
“(1) Office of Technical Assistance
“(A) In general—The Secretary shall establish under the ReConnect Program an Office of Technical Assistance (referred to in this paragraph as the Office).
“(B) Staff—The Office shall employ an appropriate number of staff dedicated to providing technical assistance with respect to ReConnect Program applications.
“(C) Duties—The Office shall assist applicants for the ReConnect Program that serve not more than 20,000 subscribers with—
“(i) completing paperwork to be submitted to the Department of Agriculture;
“(ii) identifying Federal, State, or local agencies that will need to grant a permit or right-of-way with respect to a proposed project; and
“(iii) such other matters as the Secretary determines to be appropriate.
“(D) Evaluation criteria points—In providing evaluation criteria points to applications for the ReConnect Program, the Secretary shall provide an additional 5 points to an application if the applicant has consulted with the Office.
“(E) Funding—Of the amounts appropriated to the Secretary to carry out the ReConnect Program for each fiscal year, the Secretary shall make available to the Office to carry out this paragraph $10,000,000.
“(2) Mini-grant program
“(A) In general—The Secretary shall establish under the ReConnect Program a program to provide grants to providers that serve fewer than 20,000 individuals to obtain assistance in—
“(i) preparing an application for the ReConnect Program; and
“(ii) developing an initial plan for a project carried out under the ReConnect Program.
“(B) Limitation—The amount of a grant under subparagraph (A) shall be not more than $20,000.
“(C) Recoupment—If a provider that receives a grant under subparagraph (A) subsequently applies for and receives funding under the ReConnect Program, the provider shall repay to the Secretary the amount of the grant received under subparagraph (A).
“(D) Funding—Of the amounts appropriated to the Secretary to carry out the ReConnect Program for each fiscal year, the Secretary shall make available to carry out this paragraph $10,000,000.
“(c) Application review and update
“(1) In general—The Secretary shall—
“(A) review the application requirements for the ReConnect Program in effect on the date of enactment of this section; and
“(B) not later than 2 years after that date of enactment, issue regulations to revise the application requirements for the ReConnect Program to reduce the time and expense required to complete an application.
“(2) Consultation—In carrying out paragraph (1), the Secretary shall consult with—
“(A) providers serving not more than 20,000 subscribers;
“(B) industry groups, including nonprofit organizations, local governments, and cooperatives;
“(C) civil society members; and
“(D) technical experts.
“(d) Support for cooperatives and nonprofit organizations
“(1) Priority—In reviewing applications for the ReConnect Program, the Secretary shall give priority to an application submitted by a local government, a nonprofit organization, or a cooperative (including for a project involving a public-private partnership where the local government, nonprofit organization, or cooperative is the applicant).
“(2) Evaluation criteria points
“(A) In general—Subject to subparagraph (B), in providing evaluation criteria points to applications for the ReConnect Program, the Secretary shall provide 20 points to an application submitted by a local government, a nonprofit organization, or a cooperative.
“(B) Requirement—Before providing 20 points to an application under subparagraph (A), the Secretary shall consider the degree to which the applicant can reasonably be expected to meet construction and deployment obligations, including project timelines, building and construction material needs, and labor needs necessary for the completion of the project.
“(C) Reporting—The Secretary shall take appropriate steps to ensure that the administration of the requirement under subparagraph (B) does not increase the reporting burden of an applicant.
“(e) Eligibility—A rural area shall be eligible for funding under the ReConnect Program if the area—
“(1) has no fixed wireline service provider within the area covered by an application for a grant under that Program; or
“(2) has been designated as served due to a pending broadband development project, if, 3 years after the date on which the project becomes a pending broadband development project, the project has yet to begin significant construction or meet major deployment obligations for the project.”
Sec. 3 USDA permitting reform
In general— Notwithstanding paragraph (3)(A) of section 6409(b) of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455(b)), not later than 180 days after the date on which the Secretary of Agriculture receives a duly filed application under that section for an easement, right-of-way, or lease to install, construct, modify, or maintain a communications facility installation for the provision of broadband internet access service (as defined in section 8.1(b) of title 47, Code of Federal Regulations (or any successor regulation)) using funding provided under a program of the Department of Agriculture, the Secretary of Agriculture shall—
conduct any environmental or other reviews necessary to determine whether to grant or deny the application, including under section 306108 of title 54, United States Code;
grant or deny, on behalf of the Federal Government, the application; and
notify the applicant of the grant or denial.
Applicability of laws— Section 6409(b) of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455(b)) (other than paragraph (3)(A) of that section) shall apply to the requirements under subsection (a).
Sec. 4 Broadband requirements council
Definitions— In this section:
Appropriate congressional committees— The term appropriate congressional committees means—
the Committee on Commerce, Science, and Transportation of the Senate;
the Committee on Agriculture, Nutrition, and Forestry of the Senate;
the Committee on Energy and Commerce of the House of Representatives; and
the Committee on Agriculture of the House of Representatives.
Broadband internet access service— The 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.
Council— The term Council means the interagency council established under subsection (b).
Covered broadband service— The term covered broadband service means broadband internet access service that is provided using infrastructure built with Federal funds.
Establishment of council— The Federal Communications Commission shall establish an interagency council to recommend uniform—
speed requirements for covered broadband service; and
requirements for applications for Federal broadband funds.
Membership— The Council shall be composed of the following members:
A representative of the Federal Communications Commission.
A representative of the Department of Commerce.
A representative of the Department of Agriculture.
A representative of the Department of the Interior.
A representative of the Department of the Treasury.
A representative of the National Science Foundation.
Duties—
Meetings— Not later than 180 days after the date of enactment of this Act, and not less frequently than semiannually thereafter, the Council shall meet to evaluate speed requirements for covered broadband service.
Reports—
In general— Before each meeting, other than the initial meeting, the Council shall publish and submit to the appropriate congressional committees a report that recommends—
speed and latency requirements for covered broadband service in both rural and urban areas, taking into account the needs of served, unserved, and underserved communities;
requirements for a standardized application form for Federal broadband funds, including any required documents, financial reports, engineering studies, or other materials; and
opportunities for combining or better streamlining existing Federal broadband programs that have similar or duplicative missions.
Categories— For purposes of subparagraph (A)(i), the Council may establish new categories, such as—
rural areas that are unserved or underserved by broadband internet access service; or
urban areas that are unserved or underserved by broadband internet access service.
Appearances before Congress— Not later than 1 year after the date of enactment of this Act, and not less frequently than annually thereafter, 1 or more members of the Council shall appear before each appropriate congressional committee for a hearing on the work of the Council.
Requests for information— Before the first meeting of each year, the Council shall issue a request for information to collect feedback from stakeholders in the broadband industry and civil society about—
existing broadband technology;
recommended speed and latency requirements for covered broadband service;
recommended requirements for applications for Federal broadband funds;
the needs of broadband consumers; and
the definitions of relevant terms, such as “served”, “unserved”, “underserved”, “rural”, and “urban”.
Sec. 5 Leasing reform to allow for broadband or other communications services on land subject to certain Federal easements or rights-of-way
Definitions— In this section:
Critical defense facility— The term critical defense facility means a facility designated as a critical defense facility by the Secretary of Energy under section 215A(c) of the Federal Power Act (16 U.S.C. 824o–1(c)).
Defense critical electric infrastructure— The term defense critical electric infrastructure has the meaning given the term in section 215A(a) of the Federal Power Act (16 U.S.C. 824o–1(a)).
Defense site— The term defense site has the meaning given the term in section 2710(e) of title 10, United States Code.
Electric utility— The term electric utility has the meaning given the term in section 3 of the Federal Power Act (16 U.S.C. 796).
Last mile wiring— The term last mile wiring means the distribution facilities that connect to middle-mile infrastructure and serve as the final connection to provide individual consumer connectivity to the network of a service provider.
Military installation— The term military installation has the meaning given the term in section 2801(c) of title 10, United States Code.
Transmitting utility— The term transmitting utility has the meaning given the term in section 3 of the Federal Power Act (16 U.S.C. 796).
Waiver of Federal permitting requirements for the leasing of excess fiber capacity—
In general— Subject to paragraph (2) but notwithstanding any other provision of law, in any case in which an electric utility or transmitting utility seeks to expand, for the purpose of leasing existing excess fiber capacity, the scope of an existing Federal easement or right-of-way held by that electric utility or transmitting utility, all Federal permitting requirements relating to that expansion or the leasing of that existing excess capacity shall be waived.
National security— Paragraph (1) does not apply to any Federal permitting requirement that, in the determination of the Federal official responsible for administering the permitting requirement, directly relates to—
the national security of the United States;
the security of defense critical electric infrastructure; or
the security of a military installation, defense site, or critical defense facility.
Use of existing fiber infrastructure—
In general— Subject to paragraphs (2) and (3) but notwithstanding any other provision of law, except as otherwise provided expressly in a written easement, with respect to any fiber infrastructure existing and installed as of the date of enactment of this Act (such as fiber infrastructure installed by a grid operator to monitor the operation of the applicable grid or network) on land subject to an easement or right-of-way granted by the Federal Government for the location and use of electric transmission or distribution facilities, the operation, leasing, repairing, and servicing of that fiber infrastructure for broadband or other communications services—
shall be deemed to be an allowed use within the scope of the easement or right-of-way;
shall not be considered to be a change in the physical use of the easement or right-of-way;
shall not be considered to interfere with, impair, or take any vested or other rights of the owner or occupant of the servient estate;
shall be considered to impose not more than a de minimis burden on the servient estate; and
shall be considered to have value to the owner or occupant of the servient estate in an amount that is greater than any de minimis burden imposed.
National security—
In general— Paragraph (1) does not apply to an easement or right-of-way that—
is located on a military installation, defense site, or critical defense facility; or
in the determination of the Federal official responsible for administering the servient estate, directly relates to a matter described in any of subparagraphs (A) through (C) of subsection (b)(2).
Authority— Notwithstanding any other provision of law, with respect to an easement or right-of-way described in subparagraph (A), the Federal official responsible for administering the servient estate shall have the authority to expand the scope of the easement or right-of-way to include the operation, leasing, repairing, and servicing of broadband or other communications services in a manner consistent with national security, if the official determines such an expansion to be appropriate.
Limitation— Paragraph (1) does not apply to any new construction or installation occurring after the date of enactment of this Act, including the laying of cables, the placement of supporting infrastructure, or the completion of last mile wiring to households.