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Senate Bill 1460
117th Congress(2021-2022)
Community Broadband Act of 2021
Introduced
Introduced
Introduced in Senate on Apr 29, 2021
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Text
Introduced in Senate 
Apr 29, 2021
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Introduced in Senate(Apr 29, 2021)
Apr 29, 2021
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Bill Sponsor regularly scans bill texts to find sections that are contained in other bill texts. When a matching section is found, the bills containing that section can be viewed by clicking "View Bills" within the bill text section.
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S. 1460 (Introduced-in-Senate)


117th CONGRESS
1st Session
S. 1460


To amend the Telecommunications Act of 1996 to preserve and protect the ability of State and local governments, public-private partnerships, and cooperatives to provide broadband services.

IN THE SENATE OF THE UNITED STATES

April 29, 2021

Mr. Booker (for himself, Mr. Markey, Mr. King, Mr. Wyden, Mr. Blumenthal, Mr. Sanders, and Mrs. Gillibrand) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

A BILL

To amend the Telecommunications Act of 1996 to preserve and protect the ability of State and local governments, public-private partnerships, and cooperatives to provide broadband services.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Community Broadband Act of 2021”.

SEC. 2. State, local, public-private partnership, and co-op broadband services.

Section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302) is amended—

(1) by redesignating subsection (d) as subsection (e);

(2) by inserting after subsection (c) the following:

“(d) State, local, public-Private partnership, and co-Op advanced telecommunications capability and services.—

“(1) IN GENERAL.—No statute, regulation, or other legal requirement of a State may prohibit or have the effect of prohibiting any public provider, public-private partnership provider, or cooperatively organized provider from providing, to any person or public or private entity, advanced telecommunications capability or any service that utilizes the advanced telecommunications capability provided by that provider.

“(2) ANTIDISCRIMINATION SAFEGUARDS.—

“(A) PUBLIC PROVIDERS.—To the extent any public provider regulates competing private providers of advanced telecommunications capability or services that utilize advanced telecommunications capability, the public provider shall apply its ordinances and rules without discrimination in favor of—

“(i) the public provider; or

“(ii) any entity owned by the public provider that provides services that utilize advanced telecommunications capability.

“(B) PUBLIC-PRIVATE PARTNERSHIP PROVIDERS.—To the extent any State or local entity that is part of a public-private partnership provider regulates competing private providers of advanced telecommunications capability or services that utilize advanced telecommunications capability, the State or local entity shall apply its ordinances and rules without discrimination in favor of—

“(i) the public-private partnership provider; or

“(ii) any entity owned by the State or local entity or public-private partnership provider that provides services that utilize advanced telecommunications capability.

“(3) SAVINGS CLAUSE.—Nothing in this subsection shall exempt a public provider, public-private partnership provider, or cooperatively organized provider from any Federal or State telecommunications law or regulation that applies to all providers of advanced telecommunications capability or services that utilize such advanced telecommunications capability.”; and

(3) in subsection (e), as redesignated—

(A) in the matter preceding paragraph (1), by striking “this subsection” and inserting “this section”;

(B) by redesignating paragraph (2) as paragraph (3);

(C) by inserting after paragraph (1) the following:

“(2) COOPERATIVELY ORGANIZED PROVIDER.—The term ‘cooperatively organized provider’ means an entity that is treated as a cooperative under Federal tax law and that provides advanced te­le­com­mu­ni­ca­tions capability, or any service that utilizes such advanced telecommunications capability, to any person or public or private entity.”; and

(D) by adding at the end the following:

“(4) PUBLIC PROVIDER.—The term ‘public provider’ means a State or local entity that provides advanced telecommunications capability, or any service that utilizes such advanced telecommunications capability, to any person or public or private entity.

“(5) PUBLIC-PRIVATE PARTNERSHIP PROVIDER.—The term ‘public-private partnership provider’ means a public-private partnership, between a State or local entity and a private entity, that provides advanced telecommunications capability, or any service that utilizes such advanced telecommunications capability, to any person or public or private entity.

“(6) STATE OR LOCAL ENTITY.—The term ‘State or local entity’ means—

“(A) a State or political subdivision thereof;

“(B) any agency, authority, or instrumentality of a State or political subdivision thereof; or

“(C) an Indian Tribe (as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e))).”.