HR 5173 — Broadband Buildout Accountability Act

(a) Definitions (1) Areas, locations, and institutions lacking broadband access In this section: (A) Unserved location The term “unserved location” means a broadband-serviceable location, as determined in accordance with the broadband DATA maps, that— (i) has no access to broadband service; or (ii) lacks access to reliable broadband service offered with— (I) a speed of not less than— (aa) 25 megabits per second for downloads; and (bb) 3 megabits per second for uploads; and (II) a latency sufficient to support real-time, interactive applications. (B) Unserved service project The term “unserved service project” means a project in which not less than 80 percent of broadband-serviceable locations served by the project are unserved locations. (C) Underserved location The term “underserved location” means a location— (i) that is not an unserved location; and (ii) as determined in accordance with the broadband DATA maps, lacks access to reliable broadband service offered with— (I) a speed of not less than— (aa) 100 megabits per second for downloads; and (bb) 20 megabits per second for uploads; and (II) a latency sufficient to support real-time, interactive applications. (D) Underserved service project The term “underserved service project” means a project in which not less than 80 percent of broadband-serviceable locations served by the project are unserved locations or underserved locations. (E) Eligible community anchor institution The term “eligible community anchor institution” means a community anchor institution that lacks access to gigabit-level broadband service. (2) Other definitions In this section: (A) Assistant Secretary The term “Assistant Secretary” means the Assistant Secretary of Commerce for Communications and Information. (B) Broadband; broadband service The term “broadband” or “broadband service” has the meaning given the term “broadband internet access service” in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation. (C) Broadband DATA maps The term “broadband DATA maps” means the maps created under section 802(c)(1) of the Communications Act of 1934 (47 U.S.C. 642(c)(1)). (D) Commission The term “Commission” means the Federal Communications Commission. (E) Community anchor institution The term “community anchor institution” means an entity such as a school, library, health clinic, health center, hospital or other medical provider, public safety entity, institution of higher education, public housing organization, or community support organization that facilitates greater use of broadband service by vulnerable populations, including low-income individuals, unemployed individuals, and aged individuals. (F) Eligible entity The term “eligible entity” means a State. (G) High-cost area (i) In general The term “high-cost area” means an unserved area in which the cost of building out broadband service is higher, as compared with the average cost of building out broadband service in unserved areas in the United States (as determined by the Assistant Secretary, in consultation with the Commission), incorporating factors that include— (I) the remote location of the area; (II) the lack of population density of the area; (III) the unique topography of the area; (IV) a high rate of poverty in the area; or (V) any other factor identified by the Assistant Secretary, in consultation with the Commission, that contributes to the higher cost of deploying broadband service in the area. (ii) Unserved area For purposes of clause (i), the term “unserved area” means an area in which not less than 80 percent of broadband-serviceable locations are unserved locations. (H) Location; broadband-serviceable location The terms “location” and “broadband-serviceable location” have the meanings given those terms by the Commission under rules and guidance that are in effect, as of November 15, 2021. (I) Priority broadband project The term “priority broadband project” means a project designed to— (i) provide broadba...