47 U.S.C. § 1741 — Enabling middle mile broadband infra-

Page 499 TITLE 47—TELECOMMUNICATIONS § 1741 (C) is accessible— (i) to individuals with disabilities; and (ii) in languages other than English. (b) Authority to contract and enter into other ar- rangements The Assistant Secretary may award grants and enter into contracts, cooperative agree- ments, and other arrangements with Federal agencies, public and private organizations, and other entities with expertise that the Assistant Secretary determines appropriate in order to— (1) evaluate the impact and efficacy of ac- tivities supported by grants awarded under the covered programs; and (2) develop, catalog, disseminate, and pro- mote the exchange of best practices, both with respect to and independent of the covered pro- grams, in order to achieve digital equity. (c) Consultation and public engagement In carrying out subsection (a), and to further the objectives described in paragraphs (1) and (2) of subsection (b), the Assistant Secretary shall conduct ongoing collaboration and consult with— (1) the Secretary of Agriculture; (2) the Secretary of Housing and Urban De- velopment; (3) the Secretary of Education; (4) the Secretary of Labor; (5) the Secretary of Health and Human Serv- ices; (6) the Secretary of Veterans Affairs; (7) the Secretary of the Interior; (8) the Federal Communications Commis- sion; (9) the Federal Trade Commission; (10) the Director of the Institute of Museum and Library Services; (11) the Administrator of the Small Business Administration; (12) the Federal Co-Chair of the Appalachian Regional Commission; (13) State agencies and governors of States (or equivalent officials); (14) entities serving as administering enti- ties for States under section 1723(b) of this title; (15) national, State, tribal, and local organi- zations that provide digital inclusion, digital equity, or digital literacy services; (16) researchers, academics, and philan- thropic organizations; and (17) other agencies, organizations (including international organizations), entities (includ- ing entities with expertise in the fields of data collection, analysis and modeling, and evalua- tion), and community stakeholders, as deter- mined appropriate by the Assistant Secretary. (d) Technical support and assistance The Assistant Secretary shall provide tech- nical support and assistance, assistance to enti- ties to prepare the applications of those entities with respect to grants awarded under the cov- ered programs, and other resources, to the ex- tent practicable, to ensure consistency in data reporting and to meet the objectives of this sec- tion. (e) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this sec- tion, which shall remain available until ex- pended. (Pub. L. 117–58, div. F, title III, § 60306, Nov. 15, 2021, 135 Stat. 1228.) § 1726. General provisions (a) Nondiscrimination (1) In general No individual in the United States may, on the basis of actual or perceived race, color, re- ligion, national origin, sex, gender identity, sexual orientation, age, or disability, be ex- cluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that is funded in whole or in part with funds made available to carry out this subchapter. (2) Enforcement The Assistant Secretary shall effectuate paragraph (1) with respect to any program or activity described in that paragraph by issuing regulations and taking actions con- sistent with section 2000d–1 of title 42. (3) Judicial review Judicial review of an action taken by the Assistant Secretary under paragraph (2) shall be available to the extent provided in section 2000d–2 of title 42. (b) Technological neutrality The Assistant Secretary shall, to the extent practicable, carry out this subchapter in a tech- nologically neutral manner. (c) Audit and oversight Beginning in the first fiscal year in which amounts are made available to carry out an ac- tivity authorized under this subchapter, and in each of the 4 fiscal years thereafter, there is au- thorized to be appropriated to the Office of In- spector General for the Department of Com- merce $1,000,000 for audits and oversight of funds made available to carry out this subchapter, which shall remain available until expended. (Pub. L. 117–58, div. F, title III, § 60307, Nov. 15, 2021, 135 Stat. 1230.) SUBCHAPTER III—ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURE § 1741. Enabling middle mile broadband infra- structure (a) Definitions In this section: (1) Anchor institution The term ‘‘anchor institution’’ means a school, library, medical or healthcare pro- vider, community college or other institution of higher education, or other community sup- port organization or entity. (2) Assistant Secretary The term ‘‘Assistant Secretary’’ means the Assistant Secretary of Commerce for Commu- nications and Information. (3) Commission The term ‘‘Commission’’ means the Federal Communications Commission. Page 500 TITLE 47—TELECOMMUNICATIONS § 1741 (4) Eligible entity The term ‘‘eligible entity’’ means— (A) a State, political subdivision of a State, Tribal government, technology com- pany, electric utility, utility cooperative, public utility district, telecommunications company, telecommunications cooperative, nonprofit foundation, nonprofit corporation, nonprofit institution, nonprofit association, regional planning counsel, Native entity, or economic development authority; or (B) a partnership of 2 or more entities de- scribed in subparagraph (A). (5) FCC fixed broadband map The term ‘‘FCC fixed broadband map’’ means the map created by the Commission under sec- tion 642(c)(1)(B) of this title. (6) Indian Tribe The term ‘‘Indian Tribe’’ has the meaning given the term in section 5304 of title 25. (7) Interconnect The term ‘‘interconnect’’ means the physical linking of 2 networks for the mutual exchange of traffic on non-discriminatory terms and conditions. (8) Internet exchange facility The term ‘‘internet exchange facility’’ means physical infrastructure through which internet service providers and content deliv- ery networks exchange internet traffic be- tween their networks. (9) Middle mile infrastructure The term ‘‘middle mile infrastructure’’— (A) means any broadband infrastructure that does not connect directly to an end-user location, including an anchor institution; and (B) includes— (i) leased dark fiber, interoffice trans- port, backhaul, carrier-neutral internet exchange facilities, carrier-neutral sub- marine cable landing stations, undersea cables, transport connectivity to data cen- ters, special access transport, and other similar services; and (ii) wired or private wireless broadband infrastructure, including microwave ca- pacity, radio tower access, and other serv- ices or infrastructure for a private wireless broadband network, such as towers, fiber, and microwave links. (10) Middle mile grant The term ‘‘middle mile grant’’ means a grant awarded under subsection (c). (11) Native entity The term ‘‘Native entity’’ means— (A) an Indian Tribe; (B) an Alaska Native Corporation; (C) a Native Hawaiian organization (as de- fined in section 7517 of title 20; (D) the Department of Hawaiian Home Lands; and (E) the Office of Hawaiian Affairs. (12) State The term ‘‘State’’ has the meaning given the term in section 153 of this title. (13) Submarine cable landing station The term ‘‘submarine cable landing station’’ means a cable landing station, as that term is used in section 1.767(a)(5) of title 47, Code of Federal Regulations (or any successor regula- tion), that can be utilized to land a submarine cable by an entity that has obtained a license under the first section of the Act entitled ‘‘An Act relating to the landing and operation of submarine cables in the United States’’, ap- proved May 27, 1921 (47 U.S.C. 34) (commonly known as the ‘‘Cable Landing Licensing Act’’). (14) Tribal government The term ‘‘Tribal government’’ means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, vil- lage, community, component band, or compo- nent reservation, individually identified (in- cluding parenthetically) in the list published most recently as of November 15, 2021, pursu- ant to section 5131 of title 25. (15) Trust land The term ‘‘trust land’’ has the meaning given the term in section 3765 of title 38. (16) Underserved The term ‘‘underserved’’, with respect to an area, means an area— (A) that is designated as a Tribally under- served area through the process described in subsection (g); or (B) that— (i) is of a standard size not larger than a census block, as established by the Com- mission; (ii) is not an unserved area; and (iii) as determined in accordance with the FCC fixed broadband map, does not have access to broadband service with— (I) except as provided in subclause (II)— (aa) a download speed of not less than 100 megabits per second; and (bb) an upload speed of not less than 20 megabits per second; or (II) minimum download and upload speeds established as benchmarks by the Commission for purposes of this Act after November 15, 2021, if those min- imum speeds are higher than the min- imum speeds required under subclause (I). (17) Unserved The term ‘‘unserved’’, with respect to an area, means an area— (A) that is designated as a Tribally under- served area through the process described in subsection (g); or (B) that— (i) is of a standard size not larger than a census block, as established by the Com- mission; and (ii) as determined in accordance with the FCC fixed broadband map, does not have access to broadband service with— (I) except as provided in subclause (II)— (aa) a download speed of not less than 25 megabits per second; and Page 501 TITLE 47—TELECOMMUNICATIONS § 1741 (bb) an upload speed of not less than 3 megabits per second; or (II) minimum download and upload speeds established as benchmarks by the Commission for purposes of this Act after November 15, 2021, if those min- imum speeds are higher than the min- imum speeds required under subclause (I). (b) Purpose; sense of Congress (1) Purpose The purposes of this section are— (A) to encourage the expansion and exten- sion of middle mile infrastructure to reduce the cost of connecting unserved and under- served areas to the backbone of the internet (commonly referred to as the ‘‘last mile’’); and (B) to promote broadband connection resil- iency through the creation of alternative network connection paths that can be de- signed to prevent single points of failure on a broadband network. (2) Sense of Congress It is the sense of Congress that— (A) in awarding middle mile grants, the Assistant Secretary should give priority to— (i) projects that leverage existing rights- of-way, assets, and infrastructure to mini- mize financial, regulatory, and permitting challenges; (ii) projects in which the eligible entity designs the route of the middle mile infra- structure to enable the connection of unserved anchor institutions, including Tribal anchor institutions; and (iii) projects that facilitate the develop- ment of carrier-neutral interconnection fa- cilities; and (iv) projects that— (I) improve the redundancy and resil- iency of existing middle mile infrastruc- ture; and (II) reduce regulatory and permitting barriers to promote the construction of new middle mile infrastructure; and (B) a regulated utility should use funds re- ceived from a middle mile grant as a supple- ment to the core utility capital investment plan of the regulated utility to— (i) facilitate increased broadband resil- iency or redundancy of existing middle mile infrastructure; or (ii) provide connectivity to unserved areas and underserved areas within the service territory of the utility and nearby communities. (c) Middle mile grants The Assistant Secretary shall establish a pro- gram under which the Assistant Secretary makes grants on a technology-neutral, competi- tive basis to eligible entities for the construc- tion, improvement, or acquisition of middle mile infrastructure. (d) Applications for grants (1) In general The Assistant Secretary shall establish an application process for middle mile grants in accordance with this subsection. (2) Evaluation of applications In establishing an application process for middle mile grants under paragraph (1), the Assistant Secretary shall give priority to an application from an eligible entity that satis- fies 2 or more of the following conditions: (A) The eligible entity adopts fiscally sus- tainable middle mile strategies. (B) The eligible entity commits to offering non-discriminatory interconnect to terres- trial and wireless last mile broadband pro- viders and any other party making a bona fide request. (C) The eligible entity identifies specific terrestrial and wireless last mile broadband providers that have— (i) expressed written interest in inter- connecting with middle mile infrastruc- ture planned to be deployed by the eligible entity; and (ii) demonstrated sustainable business plans or adequate funding sources with re- spect to the interconnect described in clause (i). (D) The eligible entity has identified sup- plemental investments or in-kind support (such as waived franchise or permitting fees) that will accelerate the completion of the planned project. (E) The eligible entity has demonstrated that the middle mile infrastructure will ben- efit national security interests of the United States and the Department of Defense. (3) Grant application competence The Assistant Secretary shall include in the application process established under para- graph (1) a requirement that an eligible entity provide evidence that the eligible entity is ca- pable of carrying out a proposed project in a competent manner, including by dem- onstrating that the eligible entity has the fi- nancial, technical, and operational capability to carry out the proposed project and operate the resulting middle mile broadband network. (e) Eligibility (1) Prioritization To be eligible to obtain a middle mile grant, an eligible entity shall agree, in the applica- tion submitted through the process estab- lished under subsection (d), to prioritize— (A) connecting middle mile infrastructure to last mile networks that provide or plan to provide broadband service to households in unserved areas; (B) connecting non-contiguous trust lands; or (C) the offering of wholesale broadband service at reasonable rates on a carrier-neu- tral basis. (2) Buildout timeline Subject to paragraph (5), to be eligible to ob- tain a middle mile grant, an eligible entity shall agree, in the application submitted through the process established under sub- section (d), to complete buildout of the middle mile infrastructure described in the applica- tion by not later than 5 years after the date on which amounts from the grant are made avail- able to the eligible entity. Page 502 TITLE 47—TELECOMMUNICATIONS § 1741 (3) Project eligibility requirements (A) Capability to support retail broadband service A project shall be eligible for a middle mile grant if, at the time of the application, the Assistant Secretary determines that the proposed middle mile broadband network will be capable of supporting retail broadband service. (B) Mapping data (i) Use of most recent data In mapping out gaps in broadband cov- erage, an eligible entity that uses a middle mile grant to build out terrestrial or fixed wireless middle mile infrastructure shall use the most recent broadband mapping data available from one of the following sources: (I) The FCC fixed broadband map. (II) The State in which the area that will be served by the middle mile infra- structure is located, or the Tribal gov- ernment with jurisdiction over the area that will be served by the middle mile infrastructure (if applicable). (III) Speed and usage surveys of exist- ing broadband service that— (aa) demonstrate that more than 25 percent of the respondents display a broadband service speed that is slower than the speeds required for an area to qualify as unserved; and (bb) are conducted by— (AA) the eligible entity; (BB) the State in which the area that will be served by the middle mile infrastructure is located; or (CC) the Tribal government with jurisdiction over the area that will be served by the middle mile infra- structure (if applicable). (ii) Sharing facility locations (I) Definition In this clause, the term ‘‘covered re- cipient’’, with respect to an eligible enti- ty, means— (aa) the Assistant Secretary; (bb) the Commission; (cc) the Tribal government with ju- risdiction over the area that will be served by the middle mile infrastruc- ture (if applicable); and (dd) the State broadband office for the State in which the area that will be served by the middle mile infra- structure is located. (II) Provision of information Subject to subclauses (III) and (IV), an eligible entity that constructs, im- proves, or acquires middle mile infra- structure using a middle mile grant shall share with each covered recipient the lo- cation of all the middle mile broadband infrastructure. (III) Format An eligible entity shall provide the in- formation required under subclause (II) to each covered recipient in a uniform format determined by the Assistant Sec- retary. (IV) Protection of information (aa) In general The information provided by an eli- gible entity under subclause (II) may only be used for purposes of carrying out the grant program under sub- section (c) and any reporting related thereto. (bb) Legal defenses (AA) In general A covered recipient may not re- ceive information under subclause (II) unless the covered recipient agrees in writing to assert all avail- able legal defenses to the disclosure of the information if a person or en- tity seeks disclosure from the cov- ered recipient under any Federal, State, or local public disclosure law. (BB) Rule of construction Nothing in subitem (AA) is in- tended to be or shall be construed as a waiver of Tribal sovereign immu- nity. (C) Connection to anchor institutions To the extent feasible, an eligible entity that receives a middle mile grant to build middle mile infrastructure using fiber optic technology shall— (i) ensure that the proposed middle mile broadband network will be capable of pro- viding broadband to an anchor institution at a speed of not less than— (I) 1 gigabit per second for downloads; and (II) 1 gigabit per second for uploads to an anchor institution; and (ii) include direct interconnect facilities that will facilitate the provision of broadband service to anchor institutions located within 1,000 feet of the middle mile infrastructure. (D) Interconnection and nondiscrimination (i) In general An eligible entity that receives a middle mile grant to build a middle mile project using fiber optic technology shall offer interconnection in perpetuity, where tech- nically feasible without exceeding current or reasonably anticipated capacity limita- tions, on reasonable rates and terms to be negotiated with requesting parties. (ii) Nature of interconnection The interconnection required to be of- fered under clause (i) includes both the ability to connect to the public internet and physical interconnection for the ex- change of traffic. (iii) Inclusion in application An applicant for a middle mile grant shall disclose the applicant’s proposed interconnection, nondiscrimination, and Page 503 TITLE 47—TELECOMMUNICATIONS § 1752 network management practices in the ap- plication submitted through the process established under subsection (d). (4) Accountability The Assistant Secretary shall— (A) establish sufficient transparency, ac- countability, reporting, and oversight meas- ures for the grant program established under subsection (c) to deter waste, fraud, and abuse of program funds; and (B) establish— (i) buildout requirements for each eligi- ble entity that receives a middle mile grant, which shall require the completion of a certain percentage of project miles by a certain date; and (ii) penalties, which may include rescis- sion of funds, for grantees that do not meet requirements described in clause (i) or the deadline under paragraph (2). (5) Extensions (A) In general At the request of an eligible entity, the Assistant Secretary may extend the buildout deadline under paragraph (2) by not more than 1 year if the eligible entity certifies that— (i) the eligible entity has a plan for use of the middle mile grant; (ii) the project to build out middle mile infrastructure is underway; or (iii) extenuating circumstances require an extension of time to allow completion of the project to build out middle mile in- frastructure. (B) Effect on interim buildout requirements If the Assistant Secretary grants an exten- sion under subparagraph (A), the Assistant Secretary shall modify any buildout require- ments established under paragraph (4)(B)(i) as necessary. (f) Federal share The amount of a middle mile grant awarded to an eligible entity may not exceed 70 percent of the total project cost. (g) Special rules for Tribal governments (1) Waivers; alternative requirements The Assistant Secretary, in consultation with Tribal governments and Native entities, may waive, or specify alternative require- ments for, any provision of subsections (c) through (f) if the Assistant Secretary finds that the waiver or alternative requirement is necessary— (A) for the effective delivery and adminis- tration of middle mile grants to Tribal gov- ernments; or (B) the construction, improvement, or ac- quisition of middle mile infrastructure on trust land. (2) Tribally unserved areas; tribally under- served areas The Assistant Secretary, in consultation with Tribal governments and Native entities, shall develop a process for designating Trib- ally unserved areas and Tribally underserved areas for purposes of this section. (h) Authorization of appropriations There is authorized to be appropriated to carry out this section $1,000,000,000 for fiscal years 2022 through 2026. (Pub. L. 117–58, div. F, title IV, § 60401, Nov. 15, 2021, 135 Stat. 1231.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a)(16)(B)(iii)(II), (17)(B)(ii)(II), means div. F of Pub. L. 117–58, Nov. 15, 2021, 135 Stat. 1182, see Definitions note set out below. For complete classification of this Act to the Code, see Tables. Statutory Notes and Related Subsidiaries DEFINITIONS For definition of ‘‘this Act’’ as used in this section, see section 2 of Pub. L. 117–58, set out as a note under section 1 of Title 1, General Provisions. SUBCHAPTER IV—BROADBAND AFFORDABILITY § 1751. Definitions In this subchapter— (1) the term ‘‘broadband internet access service’’ has the meaning given the term in section 8.1(b) of title 47, Code of Federal Regu- lations, or any successor regulation; and (2) the term ‘‘Commission’’ means the Fed- eral Communications Commission. (Pub. L. 117–58, div. F, title V, § 60501, Nov. 15, 2021, 135 Stat. 1238.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal, ‘‘this title’’, meaning title V of div. F of Pub. L. 117–58, which enacted this section and sections 1753 and 1754 of this title, amended sections 644 and 1752 of this title, and enacted provisions set out as notes under sec- tion 1752 of this title. For complete classification of title V to the Code, see Tables. § 1752. Benefit for broadband service (a) Definitions In this section: (1) Broadband internet access service The term ‘‘broadband internet access serv- ice’’ has the meaning given such term in sec- tion 8.1(b) of title 47, Code of Federal Regula- tions, or any successor regulation. (2) Broadband provider The term ‘‘broadband provider’’ means a provider of broadband internet access service. (3) Commission The term ‘‘Commission’’ means the Federal Communications Commission. (4) Connected device The term ‘‘connected device’’ means a laptop or desktop computer or a tablet. (5) Designated as an eligible telecommuni- cations carrier The term ‘‘designated as an eligible tele- communications carrier’’, with respect to a