[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3710 Introduced in Senate (IS)]
111th CONGRESS
2d Session
S. 3710
To improve broadband coverage and service throughout the United States,
especially in rural and tribal areas, and spectrum coverage for public
safety broadband communication services, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 5, 2010
Mrs. Murray introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To improve broadband coverage and service throughout the United States,
especially in rural and tribal areas, and spectrum coverage for public
safety broadband communication services, and for other purposes.
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 ``Broadband Program Reauthorization
Act of 2010''.
SEC. 2. USDA BROADBAND LOANS, LOAN GUARANTEES, AND GRANTS ESTABLISHED
UNDER PUBLIC LAW 111-5.
Title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb
et seq.) is amended by adding at the end the following:
``SEC. 603. USDA BROADBAND LOANS, LOAN GUARANTEES, AND GRANTS
ESTABLISHED UNDER PUBLIC LAW 111-5.
``(a) Loans, Loan Guarantees, and Grants.--
``(1) In general.--The amounts authorized to be
appropriated under subsection (f) shall be used to cover the
cost of broadband loans and loan guarantees, as authorized by
section 601 of this Act and for grants (including for technical
assistance).
``(2) Definition.--For purposes of this subsection, the
cost of direct and guaranteed loans shall be as defined in
section 502 of the Congressional Budget Act of 1974.
``(b) Use of Funds.--
``(1) In general.--Notwithstanding section 601 of this Act,
the amounts authorized under this section shall be made
available for grants, loans, and loan guarantees for broadband
infrastructure in any area of the United States.
``(2) Limitation.--Of the amounts made available under this
section, at least 75 percent of the area to be served by a
project receiving funds from such grants, loans, or loan
guarantees shall be in a rural area without sufficient access
to high speed broadband service to facilitate rural economic
development, as determined by the Secretary of Agriculture.
``(3) Priority.--In awarding grants, loans, or loan
guarantees under this section, the Secretary of Agriculture
shall give priority--
``(A) to project applications for broadband systems
that will deliver end users a choice of more than 1
service provider;
``(B) to projects that provide service to the
highest proportion of rural residents that do not have
access to broadband service;
``(C) for project applications from borrowers or
former borrowers under title II of the Rural
Electrification Act of 1936 and for project
applications that include such borrowers or former
borrowers;
``(D) to project applications that demonstrate
that, if the application is approved, all project
elements will be fully funded;
``(E) to project applications for activities that
can be completed if the requested funds are provided,
and to activities that can commence promptly following
approval; and
``(F) to project applications that will expand
broadband opportunities in rural and tribal areas.
``(c) Coordination.--
``(1) Broadband technologies opportunity program.--No area
of a project funded with amounts made available under this
section may receive funding to provide broadband service under
the Broadband Technology Opportunities Program established
under Public Law 111-5.
``(2) FCC national broadband plan.--In carrying out this
section, the Secretary of Agriculture shall coordinate and
harmonize, to the extent possible, its activities with the
national broadband plan developed by the Federal Communications
Commission pursuant to Public Law 111-5.
``(d) Report.--The Secretary of Agriculture shall submit a report
on planned spending and actual obligations describing the use of the
funds made available under this section not later than 90 days after
the date of enactment of this Act, and quarterly thereafter, until all
funds are obligated, to the Committees on Appropriations of the House
of Representatives and the Senate.
``(e) Clearinghouse Website.--The Secretary of Agriculture shall
create and maintain a fully searchable database, accessible on the
Internet at no cost to the public that shall serve as the clearinghouse
for all information relating to loans, loan guarantees, and grants made
in accordance with this section, including--
``(1) when any grant application was received and if such
application was accepted, when any amounts were awarded to such
applicant; and
``(2) information related to options, opportunities,
resources, successful public-private partnerships, funding
sources, and tutorials related to the expansion of broadband
infrastructure and service into rural and tribal areas.
``(f) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Secretary of Agriculture to carry out this section--
``(A) $2,000,000,000 for fiscal year 2011; and
``(B) such sums as necessary for each fiscal year
thereafter.
``(2) Availability.--Any amounts appropriated to carry out
this section shall remain available until expended.
``(g) Definitions.--
``(1) In general.--As used in this section:
``(A) Rural area.--
``(i) In general.--The term `rural area'
means any area, as set forth in the most recent
decennial census by the Census Bureau, which is
not located within--
``(I) a city, town, or incorporated
area that has a population of greater
than 20,000 inhabitants; or
``(II) an urbanized area contiguous
and adjacent to a city or town that has
a population of greater than 50,000
inhabitants.
``(ii) Rule of construction.--For purposes
of clause (i)(II), the term `urbanized area'
means a densely populated territory, as defined
in the most recent decennial census by the
Census Bureau.
``(B) Broadband.--The term `broadband' means 2-way
data transmission with advertised speeds of at least
768 kilobytes per second downstream and at least 200
kilobytes per second upstream to end users, or
providing sufficient capacity in a middle mile project
to support the provision of broadband service to end
users.
``(2) Unserved area; underserved area.--For purposes of the
grant program under this section, the Secretary of Agriculture
shall define--
``(A) the term `unserved area' to mean any area
where at least 90 percent of households in that area
lack access to terrestrial broadband service; and
``(B) the term `underserved area' to mean any
census tract, as determined by the most recent
decennial census by the Census Bureau, where--
``(i) no more than 50 percent of households
in a proposed funded service area have access
to facilities-based, terrestrial broadband
service at greater than 768 kilobytes per
seconds;
``(ii) no broadband provider advertises
broadband transmission speeds of at least 3
megabits per second downstream; or
``(iii) the rate of broadband
subscribership for the proposed funded service
area is 40 percent of households or less.''.
SEC. 3. BROADBAND TECHNOLOGY OPPORTUNITIES PROGRAM ESTABLISHED UNDER
PUBLIC LAW 111-5.
Section 6001 of Public Law 111-5 is amended--
(1) in subsection (d)(2), by striking ``the end of fiscal
year 2010'' and inserting ``the date that is 2 years after the
date of enactment of the Broadband Program Reauthorization Act
of 2010'';
(2) in subsection (f), by striking ``80 percent'' each
place that term appears and inserting ``75 percent'';
(3) in subsection (h)--
(A) in the matter preceding paragraph (1), by
inserting ``determining eligibility and'' before
``awarding grants'';
(B) in paragraph (2)(D), by striking ``; and'' and
inserting a semicolon;
(C) by adding at the end the following:
``(4) give priority to applications that will expand
broadband opportunities in rural and tribal areas; and
``(5) allow entities that have received waiver authority
from the Federal Communications Commission to use the 763-768/
793-798 MHz (700 MHz) public safety broadband spectrum to apply
for funding.'';
(4) in subsection (i)--
(A) in paragraph (4), by striking ``; and'' and
inserting a semicolon; and
(B) in paragraph (5), by striking the period at the
end and inserting ``, including information related to
options, opportunities, resources, successful public-
private partnerships, funding sources, and tutorials
related to the expansion of broadband infrastructure
and service into rural and tribal areas; and''; and
(5) by adding at the end the following:
``(n) Coordination With FCC National Broadband Plan.--In carrying
out this section, the Assistant Secretary shall coordinate and
harmonize, to the extent possible, its activities with the national
broadband plan developed by the Federal Communications Commission
pursuant to title II of division A of this Act.
``(o) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Assistant Secretary to carry out this section--
``(A) $2,000,000,000 for fiscal year 2011; and
``(B) such sums as may be necessary for each fiscal
year thereafter.
``(2) Administrative expenses.--Of the amounts appropriated
under paragraph (1), not more than 6 percent shall be available
for each fiscal year to pay the administrative expenses to
carry out this section.
``(p) Definitions.--
``(1) In general.--As used in this section:
``(A) Rural area.--
``(i) In general.--The term `rural area'
means any area, as set forth in the most recent
decennial census by the Census Bureau, which is
not located within--
``(I) a city, town, or incorporated
area that has a population of greater
than 20,000 inhabitants; or
``(II) an urbanized area contiguous
and adjacent to a city or town that has
a population of greater than 50,000
inhabitants.
``(ii) Rule of construction.--For purposes
of clause (i)(II), the term `urbanized area'
means a densely populated territory, as defined
in the most recent decennial census by the
Census Bureau.
``(B) Broadband.--The term `broadband' means 2-way
data transmission with advertised speeds of at least
768 kilobytes per second downstream and at least 200
kilobytes per second upstream to end users, or
providing sufficient capacity in a middle mile project
to support the provision of broadband service to end
users.
``(2) Unserved area; underserved area.--For purposes of the
grant program under this section, the Assistant Secretary shall
define--
``(A) the term `unserved area' to mean any area
where at least 90 percent of households in that area
lack access to terrestrial broadband service; and
``(B) the term `underserved area' to mean any
census tract, as determined by the most recent
decennial census by the Census Bureau, where--
``(i) no more than 50 percent of households
in a proposed funded service area have access
to facilities-based, terrestrial broadband
service at greater than 768 kilobytes per
seconds;
``(ii) no broadband provider advertises
broadband transmission speeds of at least 3
megabits per second downstream; or
``(iii) the rate of broadband
subscribership for the proposed funded service
area is 40 percent of households or less.''.
SEC. 4. OFFSETS.
(a) Repeal of Expensing and 60-Month Amortization of Intangible
Drilling Costs.--Subsection (c) of section 263 of the Internal Revenue
Code of 1986 is amended by striking the period at the end of the third
sentence and inserting ``, or to any costs paid or incurred after
December 31, 2010.''.
(b) Repeal of Percentage Depletion for Oil and Gas Wells.--
(1) In general.--Section 613 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(f) Termination of Percentage Depletion for Oil and Gas
Properties.--In the case of oil and gas properties, this section shall
not apply to any taxable year beginning after December 31, 2010.''.
(2) Limitations on percentage depletion in case of oil and
gas wells.--Section 613A of such Code is amended by adding at
the end the following new subsection:
``(f) Termination.--This section shall not apply to any taxable
year beginning after December 31, 2010.''.
(c) Denial of Deduction for Income Attributable to Domestic
Production of Oil, Natural Gas, or Primary Products Thereof.--
(1) In general.--Subparagraph (B) of section 199(c)(4) of
the Internal Revenue Code of 1986 is amended by striking ``or''
at the end of clause (ii), by striking the period at the end of
clause (iii) and inserting ``, or'', and by inserting after
clause (iii) the following new clause:
``(iv) the production, refining,
processing, transportation, or distribution of
oil, natural gas, or any primary product
thereof.''.
(2) Primary product.--Section 199(c)(4)(B) of such Code is
amended by adding at the end the following flush sentence:
``For purposes of clause (iv), the term `primary
product' has the same meaning as when used in section
927(a)(2)(C), as in effect before its repeal.''.
(3) Conforming amendments.--
(A) Section 199(c)(4) of such Code is amended--
(i) in subparagraph (A)(i)(III) by striking
``electricity, natural gas,'' and inserting
``electricity'', and
(ii) in subparagraph (B)(ii) by striking
``electricity, natural gas,'' and inserting
``electricity''.
(B) Section 199(d) of such Code is amended by
striking paragraph (9) and by redesignating paragraph
(10) as paragraph (9).
(4) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31, 2010.
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