PROTOCOL Act
H.R. 9450118th Congress

PROTOCOL Act

Introduced in the HouseRep. August Pfluger (R-TX-11)68 sections · 4 min read
Version: Introduced in House · Sep 3, 2024

Section 1. Short title

This Act may be cited as the Provide Rigorous Oversight To Optimize Connectivity and Offset Latency Act or the PROTOCOL Act.

(1) FCC map

Section 60105(d) of the Infrastructure Investment and Jobs Act (47 U.S.C. 1704(d)) is amended by striking paragraph (3) and inserting the following:

(3) allows users to manipulate the Deployment Locations Map to identify, search, and filter broadband infrastructure deployment projects by—

(A) the Federal agency of jurisdiction;

(B) the program title;

(C) the network type, including wired, terrestrial fixed, wireless, mobile, and satellite broadband infrastructure deployment;

(D) the name of the entity receiving support to deploy the broadband infrastructure;

(E) whether the entity receiving support to deploy the broadband infrastructure is—

(i) a private, for-profit entity;

(ii) a nonprofit organization;

(iii) a public-private partnership;

(iv) a public utility;

(v) a private utility;

(vi) a public utility district;

(vii) a government entity;

(viii) a cooperative;

(ix) a Tribal entity; or

(x) a type of entity not listed in clauses (i) through (ix);

(F) the amount of Federal funding awarded;

(G) whether any non-Federal matching funds were contributed, and, if so, the amount of such funds;

(H) the duration timeline, including the dates of a project’s beginning and ending, or anticipated beginning or ending date;

(I) the total number of locations to which a project makes service available; and

(J) minimum required download and upload speeds;

(2) NTIA database

Section 903(c)(2)(A) of the ACCESS BROADBAND Act (47 U.S.C. 1307(c)(2)(A)) is amended—

(A) by striking The Office and inserting the following:

(i) In general

The Office

(A) ; and

(B) by adding at the end the following:

(ii) Data elements

For any Federal broadband support program or Universal Service Fund Program that provides support for broadband infrastructure deployment, the database required by clause (i) shall include the data described in paragraphs (2) and (3) of section 60105(d) of the Infrastructure Investment and Jobs Act (47 U.S.C. 1704(d)).

(1) In general

Section 903(g) of the ACCESS BROADBAND Act (47 U.S.C. 1307(g)) is amended—

(A) in paragraph (4), by adding at the end the following:

(H) The Broadband Equity, Access, and Deployment Program established under section 60102 of the Infrastructure Investment and Jobs Act (47 U.S.C. 1702).

(B) by redesignating paragraphs (3) through (8) as paragraphs (4) through (9), respectively; and

(C) by inserting after paragraph (2) the following:

(3) Broadband infrastructure

The term broadband infrastructure has the meaning given such term in section 60105(a) of the Infrastructure Investment and Jobs Act (47 U.S.C. 1704(a)).

(2) Conforming amendments

Section 903 of the ACCESS BROADBAND Act (47 U.S.C. 1307) is amended—

(A) by striking broadband deployment each place it appears and inserting broadband infrastructure deployment; and

(B) in paragraph (8) (as redesignated by this section) of subsection (g), by striking broadband and inserting broadband infrastructure.

(c) Coordination between FCC and NTIA

Section 60105(g) of the Infrastructure Investment and Jobs Act (47 U.S.C. 1704(g)) is amended—

(1) in the heading, by striking Nonduplication and inserting Nonduplication; coordination; and

(2) by adding at the end the following: The Commission and the Assistant Secretary of Commerce for Communications and Information shall coordinate with each other to ensure consistency between, and accuracy in, the Deployment Locations Map and the central database required by subsection (c)(2)(A) of such section..

(1) Data relating to Federal programs

Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Assistant Secretary shall transmit to each State a request for the State to submit to the Assistant Secretary a report, with respect to the 1-year period immediately preceding the report date, that—

(A) lists the locations at which broadband service was made available using broadband infrastructure deployed with support provided through any covered Federal award received by the State; and

(B) lists any subgrants or other awards made by the State to other entities of support provided through a covered Federal award received by the State, and the locations at which broadband service will be made available using broadband infrastructure deployed with such support.

(2) Data relating to State programs

In requesting a State to submit a report under paragraph (1), the Assistant Secretary shall request the State to include in the report, with respect to the 1-year period immediately preceding the report date—

(A) a list of the locations at which broadband service was made available using broadband infrastructure deployed with support provided through a program established by the State; and

(B) a list of any awards of support for the deployment of broadband infrastructure made by the State through a program established by the State, and the locations at which broadband service will be made available using broadband infrastructure deployed with such support.

(3) Transmission by NTIA to FCC

Not later than 45 days after receiving a report from a State in response to a request under paragraph (1), the Assistant Secretary shall transmit the report to the Commission.

(A) FCC map

Section 60105(d) of the Infrastructure Investment and Jobs Act (47 U.S.C. 1704(d)), as amended by the preceding provisions of this section, is further amended—

(i) in paragraph (4), by striking the period at the end and inserting; and; and

(ii) by adding at the end the following:

(5) incorporates the data in the State reports transmitted to the Commission by the Assistant Secretary of Commerce for Communications and Information under section 2(d) of the PROTOCOL Act.

(B) NTIA database

Section 903(c)(2)(A) of the ACCESS BROADBAND Act (47 U.S.C. 1307(c)(2)(A)), as amended by the preceding provisions of this section, is further amended by adding at the end the following:

(iii) Data submitted by States

The database required by clause (i) shall incorporate the data in the State reports submitted to the Assistant Secretary under section 2(d) of the PROTOCOL Act.

(e) Required use of FCC map by Federal agencies; outreach by FCC

Section 60105 of the Infrastructure Investment and Jobs Act (47 U.S.C. 1704) is amended by adding at the end the following:

(1) Required use

Each Federal agency providing funding for broadband infrastructure deployment shall use the Deployment Locations Map in making an award of any such funding.

(2) Outreach

The Commission shall conduct outreach to each Federal agency providing funding for broadband infrastructure deployment to ensure that such agency is aware of—

(A) the requirement of subsection (e)(2) to report relevant data to the Commission; and

(B) the requirement of paragraph (1) of this subsection to use the Deployment Locations Map in making an award of such funding.

(1) In general

In this section:

(A) Broadband infrastructure

The term broadband infrastructure has the meaning given such term in section 60105(a) of the Infrastructure Investment and Jobs Act (47 U.S.C. 1704(a)).

(B) Broadband service

The term 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) Covered Federal award

The term covered Federal award means any award made under a covered Federal program, to the extent such award provides support for broadband infrastructure deployment.

(D) Covered Federal program

The term covered Federal program means any of the following:

(i) A Federal broadband support program.

(ii) A Universal Service Fund Program.

(E) State

The term State means each State of the United States, the District of Columbia, and each commonwealth, territory, or possession of the United States.

(2) Terms defined in ACCESS BROADBAND Act

In this section, the terms Assistant Secretary, Commission, Federal broadband support program, and Universal Service Fund Program have the meanings given such terms in section 903(g) of the ACCESS BROADBAND Act (47 U.S.C. 1307(g)).

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