Grants to Rapidly Invest and Deploy Broadband Act of 2022 or the GRID Broadband Act of 2022
This bill establishes a program through which the National Telecommunications and Information Administration (NTIA) must award competitive, matching grants for constructing or otherwise expanding fiber optics communications infrastructure to support broadband expansion. Eligible grantees include electric grid operators, transmission owners or operators, and other electric utilities. In awarding the grants, the NTIA must prioritize recipients that, among other activities, monitor threats to and otherwise support the security of the electric grid.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4763 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4763
To support the construction of middle mile broadband infrastructure and
enhance the electric grid.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 3, 2022
Ms. Cantwell (for herself and Mrs. Capito) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To support the construction of middle mile broadband infrastructure and
enhance the electric grid.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Grants to Rapidly
Invest and Deploy Broadband Act of 2022'' or the ``GRID Broadband Act
of 2022''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. GRID broadband grants.
Sec. 5. Grant requirements.
Sec. 6. Project eligibility requirements.
Sec. 7. Prohibition on use for covered communications equipment or
services.
Sec. 8. Grantee reporting requirements.
Sec. 9. NTIA reporting requirements.
Sec. 10. Technical support and assistance.
Sec. 11. Staffing.
SEC. 2. PURPOSES.
The purposes of this Act are to--
(1) provide resilient and redundant middle mile fiber optic
infrastructure to provide more opportunity for last mile
providers to connect to unserved locations and underserved
locations in rural and remote areas and urban areas with high-
quality, high-speed broadband;
(2) enhance the resilience, reliability, and security of
the electric grid in order to guarantee delivery of power to
critical facilities and electricity-dependent essential
services and reduce restoration time following power
disturbances;
(3) permanently reduce the cost of high-speed broadband
across the United States, including for low-income households
and small businesses;
(4) expand interconnections and the communications capacity
of the electric grid of the United States to facilitate
deployment of more diverse and distributed generation resources
and smart-grid technologies;
(5) provide rural and remote areas and urban areas with new
economic growth opportunities and ensure equal access to
education, healthcare, telework, and e-commerce opportunities;
and
(6) leverage assets such as tower facilities, buildings,
land, and rights-of-way to lower broadband buildout costs to
encourage private-sector companies to expand affordable
telecommunication offerings.
SEC. 3. DEFINITIONS.
In this Act:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(2) Broadband; broadband service.--The term ``broadband''
or ``broadband service'' has the meaning given the term
``broadband internet access service'' in section 8.1, title 47,
Code of Federal Regulations, or any successor regulation.
(3) Eligible entity.--The term ``eligible entity'' means--
(A) an electric grid operator;
(B) a transmission owner or operator;
(C) a Transmission Organization (as defined in
section 3 of the Federal Power Act (16 U.S.C. 796));
(D) a Federal power marketing administration;
(E) an electric utility owned or operated by a
Native entity; and
(F) a rural or municipal utility.
(4) GRID broadband grant.--The term ``GRID broadband
grant'' means a grant awarded under section 4.
(5) Interconnection.--The term ``interconnection'' means--
(A) the physical linking of 2 or more broadband
networks for the mutual exchange of traffic on terms
and conditions that, where technically feasible without
exceeding current (as of the time of receipt of a GRID
broadband grant) or reasonably anticipated capacity
limitations, are technology-neutral and non-
discriminatory; and
(B) the offering of wholesale broadband service at
reasonable rates on a carrier-neutral basis.
(6) Last mile broadband infrastructure.--The term ``last
mile broadband infrastructure'' means broadband infrastructure
that--
(A) connects directly to an end-user location; and
(B) is capable of delivering--
(i) a speed of not less than 100 megabits
per second for downloads;
(ii) a speed of not less than 20 megabits
per second for uploads; and
(iii) latency less than or equal to 100
milliseconds.
(7) Last mile provider.--The term ``last mile provider''
means an entity connecting middle mile infrastructure to last
mile networks in order to provide retail broadband service,
including--
(A) an internet service provider;
(B) a telecommunications cooperative or other
cooperative;
(C) a regional planning council;
(D) a not-for-profit foundation, corporation,
institution, or association;
(E) a public power utility or a rural electric
cooperative;
(F) a Native entity; and
(G) a municipality, Tribal government, or other
local government.
(8) Low-income household.--The term ``low-income
household'' means a household whose income is not greater than
200 percent of the Federal Poverty Guidelines for a household
of that size.
(9) Middle mile infrastructure.--The term ``middle mile
infrastructure''--
(A) means any fiber optic broadband infrastructure
that does not connect directly to an end-user location
or a retail customer; and
(B) includes leased dark fiber, interoffice
transport, backhaul, carrier-neutral internet exchange
facilities, carrier-neutral submarine cable landing
stations, undersea cables, transport connectivity to
data centers, special access transport, and other
similar services.
(10) Native entity.--The term ``Native entity'' has the
meaning given the term in section 60401 of the Infrastructure
Investment and Jobs Act (47 U.S.C. 1741).
(11) Program.--The term ``Program'' means the GRID
Broadband Facilitation Program established under section 4.
(12) Rural and remote area.--The term ``rural and remote
area'' means a political subdivision of a State or an
unincorporated area that has a population of not more than
10,000 inhabitants.
(13) Rural or municipal utility.--The term ``rural or
municipal utility'' means--
(A) a rural electric cooperative;
(B) a utility owned by a political subdivision of a
State, such as a municipally owned electricity utility;
(C) a utility owned by any agency, authority,
corporation, or instrumentality of 1 or more political
subdivisions of a State;
(D) a not-for-profit entity that is in a
partnership with not fewer than 6 entities described in
subparagraph (A), (B), or (C);
(E) a utility owned by a Native entity; and
(F) an investor-owned electric utility that sells
less than 4,000,000 megawatt hours of electricity per
year.
(14) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(15) Underserved location.--The term ``underserved
location'' means a broadband-serviceable location that--
(A) is not an unserved location; and
(B) lacks access to broadband service offered
with--
(i) a speed of not less than--
(I) 100 megabits per second for
downloads; and
(II) 20 megabits per second for
uploads; and
(ii) a latency and jitter sufficient to
support real-time, interactive applications.
(16) Unserved location.--The term ``unserved location''
means a broadband-serviceable location that--
(A) has no access to broadband service; or
(B) lacks access to broadband service offered
with--
(i) a speed of not less than--
(I) 25 megabits per second for
downloads; and
(II) 3 megabits per second for
uploads; and
(ii) a latency and jitter sufficient to
support real-time, interactive applications.
(17) Urban area.--The term ``urban area'' has the meaning
given the term by the Bureau of the Census in the notice of
final program criteria entitled ``Urban Area Criteria for the
2020 Census-Final Criteria'', published in the Federal Register
on March 24, 2022 (87 Fed. Reg. 16706), or any successor to
that notice.
SEC. 4. GRID BROADBAND GRANTS.
(a) In General.--The Assistant Secretary shall establish a program,
in consultation with the Secretary, and subject to subsection (c), to
be known as the ``GRID Broadband Facilitation Program'', under which
the Assistant Secretary makes grants to eligible entities to
facilitate--
(1) the construction of fiber optic communications
infrastructure with sufficient capacity to serve as middle mile
infrastructure;
(2) the enhancement or expansion of existing (as of the
date of the grant award) fiber optics communications
infrastructure for the purpose of serving as middle mile
infrastructure;
(3) the use of lit or dark fiber to increase broadband
capability or capacity; or
(4) the acquisition or installation of the equipment and
other resources necessary for interconnection of middle mile
infrastructure with last mile broadband infrastructure to allow
for the exchange of internet traffic between networks.
(b) Applications for Grants.--
(1) In general.--The Assistant Secretary shall establish an
application process for GRID broadband grants.
(2) Selection priority.--In selecting projects for which to
provide GRID broadband grants, the Assistant Secretary shall
give priority to projects that meet criteria described in
paragraph (3).
(3) Priority criteria.--The criteria described in this
paragraph are that a project--
(A) leverages existing (as of the date of the grant
award) rights-of-way, easements, assets, and
infrastructure to minimize financial, regulatory, and
permitting barriers;
(B) is located in a State or political subdivision
of a State, or within a Tribal jurisdiction, that
allows rights-of-way, easements, and cost recovery for
constructing and operating middle mile infrastructure
by eligible entities;
(C) is used to connect or construct middle mile
infrastructure on trust land (as defined in section
3765 of title 38, United States Code) that is owned by,
or held in trust for the benefit of, as applicable, a
Native entity;
(D) aligns with broadband access goals established
by States, Tribal governments, and localities;
(E) is most likely to expeditiously provide
affordable broadband service to areas with unserved
locations and underserved locations;
(F) is most likely to expeditiously provide
affordable broadband service to urban areas that have a
demonstrated lack of internet usage and access;
(G) has partnerships with last mile providers who
commit to provide broadband through their last mile
infrastructure that--
(i) meets the threshold speeds and
capabilities for broadband to no longer declare
a location an unserved location or underserved
location; and
(ii) ensures that the networks built by the
project are easily scalable to--
(I) meet the evolving connectivity
needs of households and businesses; and
(II) support the deployment of 5G,
successor wireless technologies, and
other advanced services;
(H) helps provide affordable gigabit upload and
download speeds to community institutions such as a
school, library, medical or healthcare provider,
community college or other institution of higher
education, or other community support organization or
entity;
(I) contributes to broadband resilience and
minimizes the occurrence and duration of outages
through the creation of alternative network connection
paths designed to prevent single points of failure on a
broadband network;
(J) would accelerate the rate and scope of
deployment of 5G infrastructure, successor wireless
technologies, and other advanced services;
(K) reduces the natural and man-made threats to the
telecommunication and electricity networks of the
United States that are identified in the North American
Energy Resilience Model, as determined in consultation
with the Secretary;
(L) supports the security of the electric grid by
installing a private, closed-loop communications
network for grid operators;
(M) helps provide monitoring of threats to the
electric grid, including with respect to purposeful
physical attacks, extreme weather impacts, and wildfire
detection;
(N) demonstrates the ability to improve critical
services to communities such as healthcare,
communications for first responders, fire, and safety
management, and seismic early warning systems;
(O) enhances the ability to sense and monitor power
characteristics in near-real time in order to--
(i) optimize electric grid operations; and
(ii) manage the integration of more
distributed resources and intermittent
renewable power sources; or
(P) will provide significant non-Federal matching
funds or other monetary or in-kind consideration.
(c) Implementation Timeline.--Not later than 180 days after the
date of enactment of this Act, the Assistant Secretary shall--
(1) issue a notice inviting eligible entities to submit
applications for GRID broadband grants, which shall contain
details about how awarding decisions will be made; and
(2) outline--
(A) the requirements for applications for GRID
broadband grants; and
(B) the allowed uses of GRID broadband grant funds.
(d) Interconnection and Oversight.--
(1) Interconnection.--
(A) In general.--An eligible entity that receives a
GRID broadband grant shall offer, for the life of the
project, interconnection directly, or indirectly
through another entity--
(i) to any last mile provider making a bona
fide request for available capacity pursuant to
a sustainable business plan that meets 1 or
more of the priority criteria described in
subsection (b)(3); and
(ii) on reasonable rates and terms to be
negotiated with requesting parties.
(B) Nature of interconnection.--The interconnection
required to be offered under subparagraph (A)
includes--
(i) the ability to connect to the public
internet; and
(ii) physical interconnection for the
exchange of traffic with last mile
interconnection.
(2) Oversight.--The Assistant Secretary shall--
(A) in consultation with the Secretary, oversee
interconnection agreements between recipients of GRID
broadband grants and last mile providers seeking to
interconnect with--
(i) the middle mile infrastructure deployed
using GRID broadband grants; and
(ii) other middle mile infrastructure owned
or operated by eligible entities; and
(B) review the interconnection terms and conditions
proposed by an eligible entity to ensure that the terms
and conditions--
(i) provide for reasonable cost recovery by
the eligible entity; and
(ii) in the case of a recipient of a GRID
broadband grant that qualifies under subsection
(j) or (k) of section 5--
(I) help decrease the cost for
resulting last mile broadband service
to consumers; and
(II) include affordable options for
low-income households.
(e) Impact on Other Federal Broadband Programs.--The use of GRID
broadband grant funds by an eligible entity, or partner of an eligible
entity, shall not impact the eligibility of, or otherwise disadvantage,
the eligible entity or partner with respect to participation in any
other Federal broadband program.
(f) Prohibition on Overbuilding.--The Assistant Secretary shall
ensure that GRID broadband grant funds are not used to duplicate
existing or planned last mile broadband infrastructure.
SEC. 5. GRANT REQUIREMENTS.
(a) Open Competition.--The Assistant Secretary shall assess
applications for GRID broadband grants on a competitive basis.
(b) Competence.--The Assistant Secretary shall include in the
application process established under section 4(b)(1) a requirement
that an eligible entity can demonstrate that the entity--
(1) is capable of carrying out a proposed project in a
competent manner, including by demonstrating that the entity
has the financial, technical, and operational capability to--
(A) carry out the proposed project consistent with
the proposed milestones and budget; and
(B) ensure the long-term operation and maintenance
of the resulting fiber optics facilities, including
middle mile broadband infrastructure; and
(2) has the capability to enter into interconnection
agreements with last mile providers to provide broadband
service.
(c) Network Impact Assessment.--Any applicant for a GRID broadband
grant shall disclose the applicant's proposed interconnection,
nondiscrimination, and network management practices.
(d) Timeline.--Subject to subsection (e), to be eligible to obtain
a GRID broadband grant, an eligible entity shall agree, in the
application submitted through the process established under section
4(b)(1), to complete buildout of the middle mile infrastructure
described in the application by not later than 3 years after the date
on which amounts from the grant are made available to the entity.
(e) Interim Buildout Requirements.--The Assistant Secretary shall
establish interim buildout requirements with milestones for reporting
for each eligible entity that receives a GRID broadband grant.
(f) Extensions.--At the request of an eligible entity, the
Assistant Secretary may extend the buildout deadline under subsection
(d) and modify any interim buildout requirements established under
subsection (e) as necessary, if the eligible entity certifies that--
(1) the project to build out middle mile infrastructure is
underway; and
(2) extenuating circumstances require an extension of time
to allow completion of the project.
(g) Performance.--The Assistant Secretary may, in addition to other
authority under applicable law, and as defined in advance by the
Assistant Secretary--
(1) deobligate awards to recipients of GRID broadband
grants that demonstrate an insufficient level of performance,
or wasteful or fraudulent spending; and
(2) competitively award funds deobligated under paragraph
(1) to new or existing (as of the time of the deobligation)
applicants for GRID broadband grants consistent with this Act.
(h) Penalties.--The Assistant Secretary may, in addition to other
authority under applicable law, and as defined in advance by the
Assistant Secretary, establish a penalty regime, which may include
rescission of funds, for recipients of GRID broadband grants that do
not meet the requirements of this Act.
(i) Cost Sharing.--
(1) 50 percent match required.--Except as provided in
paragraphs (2) and (3), an application for a GRID broadband
grant shall demonstrate the ability to provide supplemental
investments or in-kind support valued at not less than 50
percent of the amount of the proposed grant.
(2) 20 percent match required.--Paragraph (1) shall be
applied by substituting ``20 percent'' for ``50 percent'' if
the applicant--
(A) is a Federal power marketing administration;
(B) is a Native entity; or
(C) qualifies under subsection (j) or (k).
(3) No match required.--Paragraph (1) shall not apply if an
applicant petitions the Assistant Secretary for a waiver and
the Assistant Secretary determines that the petition
demonstrates financial need or meets another public interest.
(j) Rural Service for Unserved Locations and Underserved
Locations.--If a recipient of a GRID broadband grant is a rural or
municipal utility, or an electric utility owned or operated by a Native
entity, seeking to provide broadband service that is affordable and
accessible to unserved locations and underserved locations in a rural
and remote area, the recipient may use a portion of the grant funds to
support construction of last mile broadband infrastructure, by the
recipient or in partnership with a last mile provider, to meet market
demand in that area.
(k) Urban Service for Populations Without Access.--Notwithstanding
section 4(f), if a recipient of a GRID broadband grant is a rural or
municipal utility, or an electric utility owned or operated by a Native
entity, seeking to provide broadband service that is affordable and
accessible to populations in urban areas where it has been shown that
cost is a barrier to internet connectivity, the recipient may use a
portion of the grant funds to support construction of last mile
broadband infrastructure, by the recipient or in partnership with a
last mile provider, to meet market demand in that area.
(l) Deobligation of Awards.--The Assistant Secretary--
(1) shall establish appropriate mechanisms to ensure
appropriate use of funds made available under this section; and
(2) may, in addition to other authority under applicable
law--
(A) deobligate grant funds awarded to an eligible
entity that--
(i) is unable to fulfill the requirements
of subsection (b); or
(ii) demonstrates an insufficient level of
performance, or wasteful or fraudulent
spending, as defined in advance by the
Assistant Secretary; and
(B) award grant funds that are deobligated under
subparagraph (A) to new or existing applicants
consistent with this section.
(m) Regulations.--The Assistant Secretary may issue such
regulations or other guidance, forms, instructions, or publications as
may be necessary or appropriate to carry out the programs, projects, or
activities authorized under this Act, including to ensure that such
programs, projects, or activities are completed in a timely and
effective manner.
(n) No Regulation of Rates Permitted.--Nothing in this Act may be
construed to authorize the Assistant Secretary or the National
Telecommunications and Information Administration to regulate the rates
charged for broadband service.
SEC. 6. PROJECT ELIGIBILITY REQUIREMENTS.
An eligible entity may not receive a GRID broadband grant unless,
at the time of the application for the grant, the Assistant Secretary,
in consultation with the Secretary, determines that--
(1) the project would improve national security by--
(A) helping harden the electric grid of the United
States against cyberattacks and other threats; and
(B) reducing the likelihood of electricity outages
at Federal properties dedicated to national security;
and
(2) the proposed middle mile infrastructure will be capable
of supporting the provision of broadband service by a last mile
provider, either directly or indirectly through terrestrial or
wireless service.
SEC. 7. PROHIBITION ON USE FOR COVERED COMMUNICATIONS EQUIPMENT OR
SERVICES.
An eligible entity or partner of an eligible entity may not use
GRID broadband grant funds to purchase or support any covered
communications equipment or service, as defined in section 9 of the
Secure and Trusted Communications Networks Act of 2019 (47 U.S.C.
1608).
SEC. 8. GRANTEE REPORTING REQUIREMENTS.
(a) In General.--An eligible entity that receives a GRID broadband
grant shall submit to the Assistant Secretary a biannual report for the
life of the project, in a format specified by the Assistant Secretary,
that--
(1) describes the entity's--
(A) use of the grant and progress in fulfilling the
objectives for which the grant funds were awarded,
including meeting any requirements established by the
Assistant Secretary under section 5(l); and
(B) interconnection agreements with last mile
providers, including how those agreements are--
(i) increasing the availability of high-
speed, high-quality broadband in unserved
locations and underserved locations;
(ii) ensuring compliance with section
4(d)(1)(A) (relating to open access); and
(iii) making broadband service more
affordable for consumers; and
(2) includes any other information required by the
Assistant Secretary.
(b) Publication.--The Assistant Secretary shall make each report
submitted under subsection (a) available to the public.
SEC. 9. NTIA REPORTING REQUIREMENTS.
(a) Public Disclosure.--The Assistant Secretary shall create and
maintain a fully searchable online database that contains--
(1) a list of each eligible entity that has applied for a
GRID broadband grant and any last mile provider with which the
entity has partnered or has proposed to partner;
(2) a description of each application described in
paragraph (1);
(3) the status of each application described in paragraph
(1);
(4) the name of each eligible entity that has received a
GRID broadband grant;
(5) the purpose for which an eligible entity described in
paragraph (4) received the grant;
(6) each biannual report submitted by an eligible entity
under section 8(a); and
(7) any other information necessary to allow the public to
understand and monitor GRID broadband grants awarded by the
Assistant Secretary.
(b) Protection of Certain Information.--The Assistant Secretary may
not include in the database created under subsection (a) any--
(1) proprietary information;
(2) information the disclosure of which the Assistant
Secretary, in consultation with the Secretary, determines would
pose a threat to national security; or
(3) information relating Native American natural, cultural,
and historical resources identified as confidential by a Native
entity, which shall also be exempt from the disclosure
requirements under section 552 of title 5, United States Code
(commonly known as the ``Freedom of Information Act'').
(c) Monitoring.--The Assistant Secretary shall set up sufficient
mechanisms to monitor the progress of projects funded by GRID broadband
grants, including audits and on-site investigations.
(d) Internet Disclosure.--The Assistant Secretary shall, on the
searchable database created under section 60102(g)(3)(C) of the
Infrastructure Investment and Jobs Act (47 U.S.C. 1702(g)(3)(C)),
provide information sufficient to allow the public to understand and
monitor projects funded by GRID broadband grants.
SEC. 10. TECHNICAL SUPPORT AND ASSISTANCE.
(a) Program Assistance.--As part of the Program, the Assistant
Secretary, in consultation with the Secretary, shall provide technical
support and assistance to eligible entities to facilitate their
participation in the Program.
(b) Technical Experts.--The Assistant Secretary, in consultation
with the Secretary, shall convene a committee of technical experts to
advise the Assistant Secretary on the development and implementation of
the Program.
SEC. 11. STAFFING.
The Assistant Secretary may appoint, without regard to the
provisions of subchapter I of chapter 33 of title 5, United States Code
(other than sections 3303 and 3328 of that subchapter), qualified
candidates to any position necessary to administer the Program.
<all>
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
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