Sec. 3. Universal minimum level of service for federally supported fixed broadband
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Not later than 180 days after the date of enactment of this Act, the Federal Communications Commission, in consultation with the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Housing and Urban Development, and the head of each other agency that provides assistance under a Federal broadband support program, shall conduct a rulemaking to establish a minimum level of service for fixed broadband internet access service assisted by a Federal broadband support program to ensure that such service can support— virtual learning; telehealth services; and telework. The minimum level of service established under subsection
(a)shall, in a technology-neutral manner, include— a minimum download speed; a minimum upload speed; and a maximum latency. Except as provided in paragraph (2), subject to subsection (e), and notwithstanding any other provision of law, an agency may not provide assistance under a Federal broadband support program unless the fixed broadband internet access service to be assisted meets or exceeds, or will meet or exceed when deployed, the minimum level of service established under subsection
(a)that was in effect on the date on which the agency made the determination to provide the assistance. Paragraph
(1)shall not apply if the agency providing assistance determines that the provision of fixed broadband internet access service that meets or exceeds the minimum level of service described in that paragraph is infeasible. Section 601(e) of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb(e) ) is amended— in paragraph (1), by striking at least— and all that follows through the period at the end of subparagraph
(B)and inserting not less than the minimum level of service established under section 3(a) of the ; and Broadband Parity Act of 2021 . in paragraph (2), by inserting , subject to the condition that the minimum acceptable level of broadband service, as adjusted under this paragraph, may not be less than the minimum level of service described in paragraph
(1)before the period at the end. This section and the amendments made by this section— shall apply to any determination of an agency to provide assistance under a Federal broadband support program that is made on or after the date of enactment of this Act; and shall not affect any award of assistance made under a Federal broadband support program before the date of enactment of this Act.
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Sec. 3
Universal minimum level of service for federally supported fixed broadband
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