Us Congress 2025-2026 Regular Session

Us Congress Senate Bill SB98 Compare Versions

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11 II
22 119THCONGRESS
33 1
44 STSESSION S. 98
55 To require the Federal Communications Commission to establish a vetting
66 process for prospective applicants for high-cost universal service program
77 funding.
88 IN THE SENATE OF THE UNITED STATES
99 JANUARY15, 2025
1010 Mrs. C
1111 APITO(for herself, Ms. KLOBUCHAR, and Mr. CURTIS) introduced the
1212 following bill; which was read twice and referred to the Committee on
1313 Commerce, Science, and Transportation
1414 A BILL
1515 To require the Federal Communications Commission to es-
1616 tablish a vetting process for prospective applicants for
1717 high-cost universal service program funding.
1818 Be it enacted by the Senate and House of Representa-1
1919 tives of the United States of America in Congress assembled, 2
2020 SECTION 1. SHORT TITLE. 3
2121 This Act may be cited as the ‘‘Rural Broadband Pro-4
2222 tection Act of 2025’’. 5
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2626 SEC. 2. VETTING PROCESS FOR PROSPECTIVE HIGH-COST 1
2727 UNIVERSAL SERVICE FUND APPLICANTS. 2
2828 Section 254 of the Communications Act of 1934 (47 3
2929 U.S.C. 254) is amended by adding at the end the fol-4
3030 lowing: 5
3131 ‘‘(m) V
3232 ETTING OFHIGH-COSTFUNDRECIPIENTS.— 6
3333 ‘‘(1) D
3434 EFINITIONS.—In this subsection— 7
3535 ‘‘(A) the term ‘covered funding’ means any 8
3636 new offer of high-cost universal service program 9
3737 funding, including funding provided through a 10
3838 reverse competitive bidding mechanism provided 11
3939 under this section, for the deployment of a 12
4040 broadband-capable network and the provision of 13
4141 supported services over the network; and 14
4242 ‘‘(B) the term ‘new covered funding award’ 15
4343 means an award of covered funding that is 16
4444 made based on an application submitted to the 17
4545 Commission on or after the date on which rules 18
4646 are promulgated under paragraph (2). 19
4747 ‘‘(2) C
4848 OMMISSION RULEMAKING .—Not later 20
4949 than 180 days after the date of enactment of this 21
5050 subsection, the Commission shall initiate a rule-22
5151 making proceeding to establish a vetting process for 23
5252 applicants for, and other recipients of, a new covered 24
5353 funding award. 25
5454 ‘‘(3) C
5555 ONTENTS.— 26
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5959 ‘‘(A) IN GENERAL.—In promulgating rules 1
6060 under paragraph (2), the Commission shall pro-2
6161 vide that, consistent with principles of tech-3
6262 nology neutrality, the Commission will only 4
6363 award covered funding to applicants that can 5
6464 demonstrate that they meet the qualifications in 6
6565 subparagraph (B). 7
6666 ‘‘(B) Q
6767 UALIFICATIONS DESCRIBED .—An 8
6868 applicant for a new covered funding award shall 9
6969 include in the initial application a proposal con-10
7070 taining sufficient detail and documentation for 11
7171 the Commission to ascertain that the applicant 12
7272 possesses the technical, financial, and oper-13
7373 ational capabilities, and has a reasonable busi-14
7474 ness plan, to deploy the proposed network and 15
7575 deliver services with the relevant performance 16
7676 characteristics and requirements defined by the 17
7777 Commission and as pledged by the applicant. 18
7878 ‘‘(C) E
7979 VALUATION OF PROPOSAL .—The 19
8080 Commission shall evaluate a proposal described 20
8181 in subparagraph (B) against— 21
8282 ‘‘(i) reasonable and well-established 22
8383 technical, financial, and operational stand-23
8484 ards, including the technical standards 24
8585 adopted by the Commission in orders of 25
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8989 the Commission relating to Establishing 1
9090 the Digital Opportunity Data Collection 2
9191 (WC Docket No. 19–195) (or orders of the 3
9292 Commission relating to modernizing any 4
9393 successor collection) for purposes of enti-5
9494 ties that must report broadband avail-6
9595 ability coverage; and 7
9696 ‘‘(ii) the applicant’s history of com-8
9797 plying with requirements in Commission 9
9898 and other government broadband deploy-10
9999 ment funding programs. 11
100100 ‘‘(D) P
101101 ENALTIES FOR PRE-AUTHORIZATION 12
102102 DEFAULTS.—In adopting rules for any new cov-13
103103 ered funding award, the Commission shall set a 14
104104 penalty for pre-authorization defaults of at least 15
105105 $9,000 per violation and may not limit the base 16
106106 forfeiture to an amount less than 30 percent of 17
107107 the applicant’s total support, unless the Com-18
108108 mission demonstrates the need for lower pen-19
109109 alties in a particular instance.’’. 20
110110 Æ
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