Sec. 7. Tribal Broadband Fund
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The Commission shall establish, as an additional universal service support mechanism under section 254 of the Communications Act of 1934 ( 47 U.S.C. 254 ), a mechanism to be known as the Tribal Broadband Fund . The Tribal Broadband Fund shall provide a source of funds for networks and infrastructure buildout over Tribal lands, including support for infrastructure deployment, middle mile and long haul fiber buildout, adoption of digital literacy on Tribal lands, and other related activities to ensure Tribal lands have full access to high-speed wireless broadband services and telecommunications services and other spectrum use.
In addition to universal service contributions under section 254(d) of the Communications Act of 1934 ( 47 U.S.C. 254(d) ), the Tribal Broadband Fund shall be funded through proceeds from systems of competitive bidding under section 309(j) of the Communications Act of 1934 ( 47 U.S.C. 309(j) ) (notwithstanding paragraph
(8)of such section) and any other accounts or reserve funds available to the Commission, in amounts to be determined under subsection (e). Should the Commission find that the Commission cannot robustly fund the Tribal Broadband Fund from these existing sources, the Commission shall undertake a rulemaking proceeding to determine whether the imposition of additional universal service contributions is necessary to ensure a Tribal Broadband Fund commensurate with the funding need, purposes, and implementation determined pursuant to subsection (e). Funding allocations shall be prioritized under the Tribal Broadband Fund where telecommunications or wireless broadband services have been either not deployed or inadequately deployed over Tribal lands. This includes middle mile fiber, backhaul costs, and repairs to damaged infrastructure, the cost of the repairs to which would be less expensive than the cost of new infrastructure. The Commission shall provide requested technical assistance, training programs, and grants to assist Indian Tribes, Native Hawaiian organizations, and qualifying Tribal entities, the Director of the Department of Hawaiian Home Lands, inter-Tribal government organizations, and universities and colleges with Tribal serving institutions for the purpose of immediate deployment of telecommunications or wireless broadband services or infrastructure development over Tribal lands. Not later than 60 days after the date of the enactment of this Act, the Commission shall initiate and complete the rulemaking process with robust, interactive, pre-decisional, informative, and transparent consultation with Indian Tribes, Native Hawaiian organizations, and interested qualifying Tribal entities in order for them to obtain free, prior, and informed consent to determine the appropriate funding for the Tribal Broadband Fund from the sources described in subsection
(b)(including annual set-asides from each such source for the Tribal Broadband Fund), uses and administration of the Tribal Broadband Fund, and any other issues related to the establishment and implementation of the Tribal Broadband Fund. This will omit any competitive bidding requirements and any unnecessary barriers or limitations on funding for Indian Tribes, Native Hawaiian organizations, and qualifying Tribal entities to expedite the immediate deployment of current generation or better terrestrial and wireless broadband services, where none are available or need to be updated or built out for the use of critical government services, national emergencies, natural disasters, or life-saving services. Not later than 6 months after the date of the enactment of this Act, the Commission shall provide Indian Tribes, Native Hawaiian organizations, and interested qualifying Tribal entities with an advisory agency memorandum on the issues addressed in paragraph (1). Such memorandum shall clearly outline the comment process and timeline for responses. Not later than 12 months after the date of the enactment of this Act, the Commission shall release a Notice of Proposed Rulemaking, as described in paragraph (2). Not later than 18 months after the date of the enactment of this Act, the Commission shall release a final order, adopting rules and policies associated with the establishment, implementation, and administration of the Commission’s permanent Tribal Broadband Fund. Nothing in this section shall be construed to limit Indian Tribes, Native Hawaiian organizations, or qualifying Tribal entities from accessing existing or additional funding through the Commission or any other Federal agency.
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