Rural Broadband Protection Act of 2025
Officially: “Rural Broadband Protection Act of 2025” Read the full text
What it does
Read it in plain language
1Short title
This section gives the Act its short title: the Rural Broadband Protection Act of 2025.
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1. Short title This Act may be cited as the Rural Broadband Protection Act of 2025 .
2Vetting process for prospective high-cost universal service fund applicants
This section would add a new subsection (m) to Section 254 of the Communications Act of 1934, creating a vetting process for applicants for high-cost universal service fund money. It defines 'covered funding' as any new offer of high-cost universal service program funding, including funding awarded through a reverse competitive bidding process under Section 254, for building a broadband-capable network and providing the supported services over that network. It defines a 'new covered funding award' as an award of covered funding based on an application submitted to the Federal Communications Commission on or after the date the FCC issues the new rules described below (the date the rules are issued, not the later date they take effect). Within 180 days after this Act is enacted, the FCC would have to start a rulemaking proceeding to create a vetting process for applicants for, and other recipients of, a new covered funding award. In writing those rules, the FCC would have to provide that, consistent with technology neutrality, it will award covered funding only to applicants who can show they meet the qualifications set out below. An applicant for a new covered funding award would have to include in its initial application a proposal with enough detail and documentation for the FCC to determine that the applicant has the technical, financial, and operational capability, and a reasonable business plan, to build the proposed network and deliver services meeting the performance characteristics and requirements the FCC defines and that the applicant itself pledged. The FCC would have to evaluate each applicant's proposal against reasonable and well-established technical, financial, and operational standards, including the technical standards the FCC adopted in its orders on the Digital Opportunity Data Collection (WC Docket No. 19-195), or in orders modernizing any successor data collection, for entities that must report broadband availability coverage; and against the applicant's history of complying with requirements in FCC and other government broadband deployment funding programs. When adopting the rules for any new covered funding award, the FCC would have to set a penalty for pre-authorization defaults of at least $9,000 per violation, and could not limit the base forfeiture amount to less than 30 percent of the applicant's total support unless the FCC demonstrates a need for a lower penalty in a particular case.
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2. Vetting process for prospective high-cost universal service fund applicants Section 254 of the Communications Act of 1934 ( 47 U.S.C. 254 ) is amended by adding at the end the following: (m) Vetting of high-Cost fund recipients (1) Definitions In this subsection— (A) the term covered funding means any new offer of high-cost universal service program funding, including funding provided through a reverse competitive bidding mechanism provided under this section, for the deployment of a broadband-capable network and the provision of supported services over the network; and (B) the term new covered funding award means an award of covered funding that is made based on an application submitted to the Commission on or after the date on which rules are promulgated under paragraph (2). (2) Commission rulemaking Not later than 180 days after the date of enactment of this subsection, the Commission shall initiate a rulemaking proceeding to establish a vetting process for applicants for, and other recipients of, a new covered funding award. (3) Contents (A) In general In promulgating rules under paragraph (2), the Commission shall provide that, consistent with principles of technology neutrality, the Commission will only award covered funding to applicants that can demonstrate that they meet the qualifications in subparagraph (B). (B) Qualifications described An applicant for a new covered funding award shall include in the initial application a proposal containing sufficient detail and documentation for the Commission to ascertain that the applicant possesses the technical, financial, and operational capabilities, and has a reasonable business plan, to deploy the proposed network and deliver services with the relevant performance characteristics and requirements defined by the Commission and as pledged by the applicant. (C) Evaluation of proposal The Commission shall evaluate a proposal described in subparagraph (B) against— (i) reasonable and well-established technical, financial, and operational standards, including the technical standards adopted by the Commission in orders of the Commission relating to Establishing the Digital Opportunity Data Collection (WC Docket No. 19–195) (or orders of the Commission relating to modernizing any successor collection) for purposes of entities that must report broadband availability coverage; and (ii) the applicant’s history of complying with requirements in Commission and other government broadband deployment funding programs. (D) Penalties for pre-authorization defaults In adopting rules for any new covered funding award, the Commission shall set a penalty for pre-authorization defaults of at least $9,000 per violation and may not limit the base forfeiture to an amount less than 30 percent of the applicant’s total support, unless the Commission demonstrates the need for lower penalties in a particular instance. .
Where it is
In the Senate.