Section 1 Short title
This Act may be cited as the “Broadband Fairness Act”.
Broadband Fairness Act
A BILL
To address defaults with respect to awards made under broadband programs carried out by the Federal Communications Commission, and for other purposes.
Sec. 2 Policy
It is the policy of the United States that, with respect to an award made under a broadband program carried out by the Federal Communications Commission, the award should serve the State in which the funds comprising the award were intended to be expended.
Sec. 3 Defaults in FCC broadband programs
Definitions— In this section:
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.
Broadband program— The term broadband program means any program administered by the Commission that is directly or indirectly intended to increase the deployment of, access to, the affordability of, or the adoption of broadband internet access service.
Commission— The term Commission means the Federal Communications Commission.
Default— The term default means, with respect to an award under a broadband program, that the recipient of the award—
fails to timely file a Long-Form Application with respect to the award;
fails to meet the document submission deadlines established by the Commission with respect to the award;
is found by the Commission to be ineligible or unqualified to receive the award; or
is otherwise disqualified by the Commission for any reason before the authorization of support under the award.
Indian Tribe— The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
State— The term State—
has the meaning given the term in section 3 of the Communications Act of 1934 (47 U.S.C. 153); and
includes an Indian Tribe.
State government— The term State government or government of a State—
means the government of a State; and
with respect to an Indian Tribe, means the Tribal government with respect to that Indian Tribe.
Effect of default— Notwithstanding any other provision of law or regulation, upon a default with respect to an award under a broadband program, the following shall apply:
The geographic region proposed to be served by the award shall be eligible to receive support under—
other broadband programs; and
any program administered by any Federal agency other than the Commission that is directly or indirectly intended to increase the deployment of, access to, the affordability of, or the adoption of broadband internet access service.
Any amount of the award that is forfeited after the default shall not be deposited in the Treasury of the United States and instead shall be made available by the Commission to the government of the State that was the subject of the award (or the activities under the award) so that such State government is able, to the maximum extent practicable, to provide the benefits that were proposed to be provided under the award.
If multiple States were the subject of the award (or the activities under the award), the Commission shall make available amounts under subparagraph (A) to the government of each such State in the same proportion, as calculated by the Commission, that the award (or the activities under the award) would have been made available if the award had been carried out.
With respect to benefits provided by a State government under paragraph (2)—
any minimum speed requirements that were applicable with respect to the original award shall remain in effect with respect to the benefits provided by the State government under that paragraph; and
the State government, if necessary, may supplement the amounts made available to the State government under that paragraph with funds of the State government.