The Infrastructure Investment and Jobs Act (P.L. 117-58): Summary of the Broadband Provisions in Division F

The Infrastructure Investment and Jobs Act (P.L. 117-58): Summary of the Broadband Provisions in Division F

The Infrastructure Investment and Jobs Act
November 16, 2021
(P.L. 117-58): Summary of the Broadband
Patricia Moloney Figliola,
Provisions in Division F
Coordinator
Specialist in Internet and
Division F of the Infrastructure Investment and Jobs Act (P.L. 117-58) creates or modifies grant
Telecommunications
programs to try to address the digital divide and establishes or modifies reporting requirements.
Policy
The term digital divide has been used to characterize the gap between those who have access to

telecommunications and information technologies and those who do not. One subset of the digital
Colby Leigh Rachfal
divide is access to high-speed internet, also known as broadband.
Analyst in
Telecommunications
In the legislation, Congress found, “The 2019 novel coronavirus pandemic has underscored the
Policy
critical importance of affordable, high-speed broadband for individuals, families, and

communities to be able to work, learn, and connect remotely while supporting social distancing.”
Brian E. Humphreys
The pandemic also highlighted the persistent digital divide in the United States as a barrier to the
Analyst in Science and
economic competitiveness of the United States and equitable distribution of essential public
Technology Policy
services, including health care and education. The legislation authorizes six grant programs, each

aimed at addressing specific elements of the digital divide: broadband grants for states, the
District of Columbia, Puerto Rico, and other U.S. territories (Title I); the State Digital Equity
Ling Zhu
Capacity Grant Program and State Digital Equity Competitive Grant Program (Title III); middle
Analyst in
mile grants (Title IV); an extension and modification of the Emergency Broadband Benefit (Title
Telecommunications
V); and amendments to programs supporting tribal connectivity (Title II). Appropriations for
Policy
these programs are provided in Division J. The table below provides summary data for each

program.

The legislation includes a number of new or amended reporting requirements, including
clarification of the reporting requirements for the Federal Communications Commission’s (FCC’s) broadband maps (Title I),
a report by the FCC on the future of Universal Service Fund (Title I), an annual report to Congress by the Assistant Secretary
of Commerce for Communications and Information on the grant programs created through Title III, a report by the
Government Accountability Office (GAO) on broadband affordability (Title IV), and a report by GAO evaluating the FCC’s
process to establish, review, and update the speed thresholds for broadband service (Title V).
Other provisions include direction to the FCC to require broadband service providers to adopt consumer labels to
allow consumers to make informed choices among providers (Title V); and direction to the FCC to adopt rules to
prevent “digital discrimination” and identify steps necessary to eliminate such discrimination (Title V).
Overview of Authorizations and Appropriations in Division F of P.L. 117-58
Authorized

Administering
Name
Appropriation
Appropriation
Agency
Eligible Entities
Broadband Equity, Access,
$42.45B
$42.45B
NTIA
States and sub-grantees
and Deployment Program
Tribal Broadband
$2.00B
$2.00B
NTIA
Tribal governments
Connectivity Program
State Digital Equity Capacity
$1.5B
$1.5B
NTIA
Statewide-level administering
Grant
entities and sub-grantees
State Digital Equity
$1.25B
$1.25B
NTIA
Those entities not serving as
Competitive Grant
a state administering entity
Middle Mile Grant
$1.00B
$1.00B
NTIA
States and organizations
Affordable Connectivity Fund
$14.2B
$14.2B
FCC
Qualified consumers
Note: NTIA=National Telecommunications and Information Administration; FCC=Federal Communications Commission.

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Contents
Introduction to Division F—Broadband .............................................................................. 1
Title I—Broadband Grants for States, District of Columbia, Puerto Rico, and Territories............ 2
Key Terms Defined in Title I ....................................................................................... 2
Phase I: Distributing Grants to States ............................................................................ 3
Phase II: Sub-Grants Awarded by States ........................................................................ 4
Coordination Among Federal Agencies ......................................................................... 5
Broadband DATA Maps.............................................................................................. 5
Broadband Deployment Locations Map ........................................................................ 6
Report on the Future of the Universal Service Fund ........................................................ 6
Title II—Tribal Connectivity Technical Amendments ........................................................... 6
Title III—Digital Equity Act of 2021.................................................................................. 7
Terms Defined in the Act ............................................................................................ 8
State Digital Equity Capacity Grant Program ................................................................. 9
Phase I: State Digital Equity Planning Grants ........................................................... 9
Phase II: State Digital Equity Capacity Grants .......................................................... 9
State Digital Equity Competitive Grant Program .......................................................... 10
Title IV—Enabling Middle Mile Broadband Infrastructure .................................................. 11
Key Terms Defined in Title IV................................................................................... 11
The Middle Mile Grant Program ................................................................................ 12
Title V—Broadband Affordability ................................................................................... 13
Coordination with Certain Other Federal Agencies ....................................................... 14
Consumer Broadband Labels ..................................................................................... 14
GAO Report ........................................................................................................... 14
Digital Discrimination .............................................................................................. 15

Tables
Table 1. Overview of Authorizations and Appropriations in Division F of P.L. 117-58 ............... 1
Table 2. Eligibility Criteria and Requirements for Middle Mile Grants .................................. 12

Contacts
Author Information ....................................................................................................... 15

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link to page 4 P.L. 117-58: Summary of Broadband Provisions

Introduction to Division F—Broadband
The Infrastructure Investment and Jobs Act (P.L. 117-58) was signed into law by President
Joe Biden on November 15, 2021. Among the law’s numerous provisions, Division F authorizes
grant programs to address the digital divide and establishes or modifies reporting requirements;
appropriations for these programs are provided in Division J (Table 1).
The term digital divide has been used to characterize the gap between those who have access to
telecommunications and information technologies and those who do not. One subset of the digital
divide is access to high-speed internet, also known as broadband.
In the legislation, Congress found:
 Access to affordable, reliable, high-speed broadband is essential to full
participation in modern life in the United States.
 The persistent digital divide in the United States is a barrier to the economic
competitiveness of the United States and equitable distribution of essential public
services, including health care and education.
 The digital divide disproportionately affects communities of color, lower-income
areas, and rural areas, and the benefits of broadband should be broadly shared by
al .
 In many communities across the country, increased competition among
broadband providers has the potential to offer consumers more affordable, high-
quality options for broadband service.
 The 2019 novel coronavirus pandemic has underscored the critical importance of
affordable, high-speed broadband for individuals, families, and communities to
be able to work, learn, and connect remotely while supporting social distancing.1
Table 1. Overview of Authorizations and Appropriations in Division F of P.L. 117-58
Authorized

Administering
Name
Appropriation
Appropriation
Agency
Eligible Entities
Broadband Equity, Access,
$42.45B
$42.45B
NTIA
States and sub-grantees
and Deployment Program
Tribal Broadband
$2.00B
$2.00B
NTIA
Tribal governments
Connectivity Program
State Digital Equity
$1.5B
$1.5B
NTIA
Statewide-level
Capacity Grant
administering entities
and sub-grantees
State Digital Equity
$1.25B
$1.25B
NTIA
Those entities not
Competitive Grant
serving as a state
administering entity
Middle Mile Grant
$1.00B
$1.00B
NTIA
States and organizations
Affordable Connectivity
$14.2B
$14.2B
FCC
Qualified consumers
Fund
Notes: NTIA=National Telecommunications and Information Administration; FCC=Federal Communications
Commission.

1 P.L. 117-58, §60101.
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P.L. 117-58: Summary of Broadband Provisions

This report provides a summary of the five titles of Division F: Broadband Grants for States,
District of Columbia (DC), Puerto Rico, and Territories (Title I); Tribal Connectivity Technical
Amendments (Title II); Digital Equity Act of 2021 (Title III); Enabling Middle Mile Broadband
Infrastructure (Title IV); and Broadband Affordability (Title V).
Title I—Broadband Grants for States, District of
Columbia, Puerto Rico, and Territories2
Title I of Division F authorizes the appropriation of $42.45 bil ion3 for a new grant program—the
Broadband Equity, Access, and Deployment Program4—to be established and administered by the
Assistant Secretary of Commerce for Communications and Information, more commonly referred
to as the administrator of the National Telecommunications and Information Administration
(NTIA) or “NTIA Administrator.”5 The program is to consist of two distribution phases. In the
first phase, NTIA is to al ocate grants to eligible entities—the 50 states, DC, Puerto Rico, and the
territories of American Samoa, Guam, the U.S. Virgin Islands, and the Northern Mariana
Islands6—to “bridge the digital divide.” Title I defines the term eligible entity to mean the same
as U.S. state, and defines state to include DC, Puerto Rico, American Samoa, Guam, the U.S.
Virgin Islands, and the Northern Mariana Islands.7 State is used in this broader sense through the
remainder of this section. States wil apply for the funds al ocated to it. In the second phase, states
are to competitively award the money distributed by NTIA to “subgrantees”8 to carry out
broadband deployment activities within the state’s jurisdiction.9
Key Terms Defined in Title I
An unserved location10 is a broadband-serviceable location that has no access to broadband or
reliable broadband service that offers an internet speed of at least 25 megabits per second (Mbps)
for downloads, 3 Mbps for uploads, and a transmission latency low enough for real-time,
interactive internet applications.11
A high-cost area is an unserved area where the cost of deploying broadband service is higher
than the average cost in al unserved areas.12 An unserved area is an area where at least 80% of
broadband-serviceable locations are unserved locations.13

2 T his section written by Ling Zhu, Analyst in T elecommunications Policy, lzhu@crs.loc.gov, 7 -9876.
3 T itle II of Division J of the bill appropriates the authorized funds, to remain available until expended.
4 P.L. 117-58, §60102(b) (2021).
5 NT IA is an executive branch agency within the Department of Commerce. While T itle I of Division F refers to the
administrator of the grant program as “the Assistant Secretary [of Commerce for Communications and Information],”
this section refers to the program administrator as NT IA.
6 P.L. 117-58, §60102(a)(2)(F) and (M).
7 Ibid., §60102(b)(1).
8 T itle I refers to an entity that receives a sub-grant in the program as a “subgrantee.”
9 P.L. 117-58, §60102(f).
10 Ibid,, §60102(a)(1)(A).
11 T he FCC is to define the terms location and broadband-serviceable location as of the date of enactment of the bill.
NT IA, in coordination with the FCC, is to determine whether a broadband service is a “reliable broadband service.”
12 P.L. 117-58, §60102(a)(2)(G)(i).
13 Ibid., §60102(a)(2)(G)(ii).
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An unserved service project is a project to construct and deploy infrastructure for the provision
of broadband service, by which at least 80% of broadband-serviceable locations served would be
unserved locations.14
An underserved service project is a project in which at least 80% of broadband-serviceable
locations served by the project would be unserved or underserved locations.15 An underserved
location is a location that lacks reliable broadband service that offers at least 100 Mbps for
downloads, 20 Mbps for uploads, and a latency low enough for real-time, interactive
applications.16
An eligible community anchor institution is a community organization that lacks access to
gigabit-per-second-level broadband service and includes a school, library, health clinic, health
center, hospital or other medical provider, public safety entity, higher education institution, public
housing organization, or community support organization.17
Phase I: Distributing Grants to States
P.L. 117-58 authorizes appropriations of $42.450 bil ion for the program. It requires NTIA to use
a three-step process to determine the al ocation of the appropriated amount to each state.
 First, NTIA is to al ocate $100 mil ion to each of the 50 states, DC, and Puerto Rico, and
$25 mil ion to each of the four territories, for a total of $5.3 bil ion.18
 Second, NTIA is to al ocate a portion of $4.245 bil ion to each state based on the state’s
share of unserved locations in high-cost areas in the country.19
 Third, of the remaining $32.905 bil ion, NTIA is to al ocate to each state a portion based
on its share of unserved locations in the country.20
In calculating the amount al ocated to each state as described above, NTIA is to rely on the FCC’s
broadband maps, developed as required by the Broadband Deployment Accuracy and
Technological Availability Act (Broadband DATA Act, P.L. 116-130),21 to determine the number
of unserved locations.22 NTIA, in consultation with the FCC, also must designate the high-cost
areas throughout the country.23

14 Ibid., §60102(a)(1)(B).
15 Ibid., §60102(a)(1)(D).
16 Ibid., §60102(a)(1)(C).
17 Ibid., §60102(a)(1)(E) & (2)(E).
18 Section 60102(c)(2) refers to this portion of grant funds as the “minimum initial amount” for each state.
19 P.L. 117-58, §60102(c)(1).
20 At this final step, the calculation would use the state’s share of unserved locations, regardless of whether the
unserved locations are in high-cost areas. (See P.L. 117-58, §60102(c)(3).)
21 T he Broadband DAT A Act directs the FCC to create broadband DAT A maps to show the extent of broadband
service availability in the country, the areas that are unserved, and the availability of fixed and mobile broadband
services.
22 P.L. 117-58, §60102(c)(1)(A). As of the most recent FCC broadband deployment report, broadband mapping data
under the Broadband DAT A Act was not available yet (see FCC, Fourteenth Broadband Deployment Report, January
13, 2021, p. 15, https://docs.fcc.gov/public/attachments/FCC-21-18A1.pdf).
23 Ibid., §60102(a)(2)(G)(i).
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P.L. 117-58: Summary of Broadband Provisions

Title I requires a state to apply to NTIA for the grant funds al ocated to it.24 During the pre-
deployment stage, a state that wants to participate in the program must submit a letter of intent in
which it could request up to 5% of its minimum initial amount (or $5 mil ion) for planning and
initial deployment activities.25 After receiving NTIA’s formal notice of available amounts, the
state is to submit an initial proposal for a grant.26 Upon NTIA’s approval, the NTIA is to make
available 20% or more of the total amounts al ocated to it.27 The state would need to submit a
final proposal for the remainder of the money.28
Phase II: Sub-Grants Awarded by States
After receiving grant funds from NTIA, a state may competitively award sub-grants to
subgrantees to carry out the broadband deployment activities specified in Title I.29 These
activities are (1) unserved service projects; (2) underserved service projects; (3) projects
connecting eligible community anchor institutions; (4) broadband data collection, mapping, and
planning; (5) instal ing internet and Wi-Fi infrastructure or providing reduced-cost broadband
within a multi-family residential building; (6) broadband adoption programs; and (7) other
activities determined by NTIA. In awarding sub-grants for projects to construct and deploy
broadband infrastructure and networks, states should prioritize unserved service projects, then
underserved service projects, and then projects connecting eligible community anchor
institutions.30
To inform future federal broadband planning, a state is required to submit to NTIA (1) an initial
report after receiving grant funds, (2) semiannual reports, and (3) a final report after expending al
funds.31 An entity awarded a sub-grant is required to submit semiannual reports to the state to
track the effectiveness of its use of the funds.32
The program is to require either a state or the entity receiving a sub-grant to contribute at least
25% of project costs.33 The matching contribution may include funds from state and local
governments, for-profit or non-profit entities, regional commissions, or others; in-kind
contributions; or funding that the state or subgrantee received from existing federal broadband
programs under the Families First Coronavirus Response Act (P.L. 116-127), the CARES Act
(P.L. 116-136), the Consolidated Appropriations Act, 2021 (P.L. 116-260), or the American
Rescue Plan Act of 2021 (P.L. 117-2).34 An entity that has received broadband funds from a
federal, state, or local government may stil apply for a sub-grant in the program, and conversely,
an entity receiving a sub-grant in the program wil stil be eligible to apply for other broadband

24 Ibid., §60102(c)(4).
25 For each of the four territories, the planning funds will be up to $1.25 million. (See P.L. 117-58, §60102(e)(1)(C)(i).)
26 P.L. 117-58, §60102(e)(3)(A)(i).
27 Ibid., §60102(e)(3)(D)(ii)(III).
28 Ibid., §60102(e)(4)(A)(i).
29 Ibid., §60102(f).
30 Ibid., §60102(h)(1)(A)(i).
31 Ibid., §60102(j)(1).
32 Ibid., §60102(j)(2)(A).
33 T his matching requirement does not apply to broadband deployment projects in high -cost areas. (See P.L. 117-58,
§60102(h)(3)(A)(i).)
34 P.L. 117-58, §60102(h)(3)(B)(iii).
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funds from federal, state, or local governments.35 Last, states must use the federal funds from the
program to supplement, not displace, the amounts that the state would otherwise make available
for broadband deployment.36
Coordination Among Federal Agencies
The FCC, NTIA, and the Department of Agriculture (USDA) are the three primary federal
agencies that administer existing grant programs for broadband deployment. Title I requires
coordination among these agencies to align the goals, application and reporting processes, and
project requirements of their programs.37 As for the newly created program under Title I, subject
to an existing interagency agreement,38 NTIA is required share the final reports submitted by
states with the FCC and USDA, so they could refer to those reports when determining whether to
award additional grants under their programs.39 The FCC and USDA are also required to provide
data to NTIA to coordinate tracking of the construction and use of broadband infrastructure.40
Under Title I, NTIA and the FCC are also required to collaborate to standardize and coordinate
reporting of locations where broadband service was provided using program funds.41 Within two
years of enactment, NTIA, in consultation with the FCC, must create a website that would enable
a consumer to determine whether he or she is eligible for a federal or state subsidy or a low-
income plan for broadband service, and how to apply.42
Broadband DATA Maps
Congress mandated in the Broadband DATA Act of 2020 (P.L. 116-130) that the FCC create maps
showing the availability of broadband internet access service in the country, the areas that remain
unserved, and the availability of fixed and mobile broadband services.43 The FCC is to create
those maps based on data reported by broadband service providers.44 Title I reiterates those
service providers’ responsibility to provide the FCC with any information necessary to augment

35 Ibid., §60102(k).
36 Ibid., §60102(l).
37 Ibid., §60102(m).
38 On June 25, 2021, the three agencies entered into the interagency agreement mandated by the Broadband Interagency
Coordination Act of 2020 (part of the Consolidated Appropriations Act, 2021 ( P.L. 116-260)). T he agreement requires
coordination among the three agencies for the distribution of funds for broadband deployment under the FCC’s High -
Cost Programs, the programs administered by the Rural Utilities Service of USDA, and the programs administered by
or coordinated through NT IA. T he coordination can “ prevent duplication of support and ensure stewardship of taxpayer
dollars.” (See NT IA, About BroadbandUSA, at https://broadbandusa.ntia.doc.gov/about.) According to the agreement,
these agencies shall “share information with each other about existing or planned projects that have received or will
receive funds for new broadband deployment [under the covered programs].” (See FCC, USDA, and NT IA,
Interagency Agreem ent, June 25, 2021, at https://www.ntia.doc.gov/files/ntia/publications/bica_-
_section_904_interagency_agreement.pdf.)
39 P.L. 117-58, §60102(j)(1)(D).
40 Ibid., §60102(j)(1)(E).
41 Ibid., §60102(j)(3).
42 Ibid., §60102(j)(4)(A).
43 47 U.S.C. §642(c)(1).
44 Ibid., §642(c)(1), (b)(2)(A) & (B).
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its effort to create Broadband DATA maps.45 Title I further requires the FCC to publish the maps
on its website.46
Broadband Deployment Locations Map
In addition to broadband DATA maps, Title I requires the FCC to create a new Deployment
Locations Map to provide a centralized, authoritative source of information on the geographic
footprint of each broadband infrastructure deployment project funded by the federal
government.47 The FCC must publish the map on its website and update it frequently.48 Title I
makes $10 mil ion available to the FCC to implement this requirement (out of the overal $42.45
bil ion authorization for Division F, discussed above).49
Report on the Future of the Universal Service Fund
Title I requires the FCC to evaluate how it should achieve mandated universal service goals,
which are universal services to al Americans for high-speed, switched, broadband
telecommunications capability.50 The FCC is then required to submit to Congress a report
recommending further actions the FCC and Congress could take to achieve those goals.51
Title II—Tribal Connectivity Technical
Amendments52
Section 905 of Division N—“Additional Coronavirus Response and Relief” of the Consolidated
Appropriations Act (CAA), 2021 (P.L. 116-260)—established two grant programs at NTIA. One
supports broadband infrastructure deployment to areas lacking broadband. The other, cal ed the
Tribal Broadband Connectivity Program, supports broadband connectivity on tribal lands
throughout the country.
Under the Tribal Broadband Connectivity Program, an eligible entity (defined as a tribal
government, tribal college or university, the Department of Hawai an Homelands, a tribal
organization, or a native corporation) may use the grant funds for—
 broadband infrastructure deployment,
 affordable broadband programs,
 distance learning,
 telehealth,
 digital inclusion efforts, and

45 P.L. 117-58, §60103(b).
46 Ibid., §60103(e).
47 Ibid., §60105(b) & (c)(1).
48 Ibid., §60105(c)(2) & (e)(1).
49 Ibid., §60105(h).
50 See 47 U.S.C. §1302(a), (d)(1).
51 P.L. 117-58, §60104(c).
52 T his section written by Colby Leigh Rachfal, Analyst in T elecommunications Policy, crachfal@crs.loc.gov, 7 -2710.
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 broadband adoption activities.53
Title II of Division F amends Section 905 to change to the Tribal Broadband Connectivity
Program and remove the condition that funds be made available “during the COVID-19
pandemic.” Other amendments include changes to the time that an eligible entity wil have to
commit54 or expend55 its funds. For example, eligible entities wil have four years rather than one
year after receiving grant funds to expend them. Additional y, Section 905 stated that if eligible
entities do not commit grant funds within 180 days after receiving them, the funds would revert to
the Treasury. Title II extends the timeline to 18 months and requires that NTIA make
uncommitted funds available to other eligible entities (e.g., other tribal governments).
Title II of Division F authorizes appropriations of $2 bil ion for the Tribal Broadband
Connectivity Program. If additional funds are appropriated in the future, Title II authorizes the
NTIA Administrator to use a portion to fund grant applications that it received but did not fund
during the initial round.56 The NTIA Administrator is also required to al ocate any remaining
funds through subsequent funding rounds and inform eligible entities of the additional available
funds. Title II of Division J, while not part of Division F, appropriates an additional $2 bil ion for
grants for the Tribal Broadband Connectivity Program, to remain available until expended.57
Title III—Digital Equity Act of 202158
Title III, known as the Digital Equity Act of 2021, states that access to a broadband connection
and digital literacy have become increasingly necessary for individuals to participate in society,
the economy, and civic institutions; access health care and essential services; obtain education;
and build careers. The act cites high societal and economic costs of digital exclusion, which
decreases an individual’s opportunity for economic success, educational achievement, positive
health outcomes, social inclusion, and civic engagement. Additional y, among other observations,
the act asserts that digital exclusion exacerbates wealth and income gaps, and that reducing digital
exclusion wil require additional, ongoing investment and research efforts.
The Digital Equity Act establishes two grant programs: the State Digital Equity Capacity Grant
Program59 and the State Digital Equity Competitive Grant Program.60 Both programs are to be
administered by the NTIA Administrator. In developing these programs, the NTIA Administrator

53 For additional information on the Tribal Broadband Connectivity Program, see CRS Report R46701, The
Consolidated Appropriations Act, 2021 Broadband Provisions: In Brief, coordinated by Colby Leigh Rachfal.
54 Commit means the funds are designated for a specific project, there is a contract for work, or there is some sort of
agreement to use t he funds for a specific purpose.
55 Expend means that the funds are going to be paid out or they have been fully used.
56 On September 8, 2021, NT IA announced that it had received more than 280 applications for the T ribal Broadband
Connectivity Program, totaling over $5 billion in funding requests for the initial round. For more information, see
National T elecommunications and Information Administration, NTIA’s Tribal Broadband Connectivity Program
Receives More Than 280 Applications, over $5 Billion in Funding Requests, September 8, 2021, available at
https://www.ntia.doc.gov/press-release/2021/ntia-s-tribal-broadband-connectivity-program-receives-more-280-
applications-over.
57 Section 905 of Division N of the Consolidated Appropriations Act, 2021 (P.L. 116-260) provided $1 billion for the
T ribal Broadband Connectivity Program.
58 T his section written by Patricia Moloney Figliola, Specialist in Internet and T elecommunications Policy,
pfigliola@crs.loc.gov, 7-2508.
59 P.L. 117-58, §60304.
60 Ibid., §60305.
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is required to consult with the Secretaries of Agriculture, Housing and Urban Development,
Education, Labor, Health and Human Services, Veterans Affairs, and the Interior; the FCC; the
Federal Trade Commission; the Director of the Institute of Museum and Library Services; the
Administrator of the Smal Business Administration; the federal co-chair of the Appalachian
Regional Commission; and the head of any other agency that the NTIA Administrator determines
to be appropriate.
The law requires the NTIA Administrator to provide annual reports to Congress on the status of
each program. States may appeal or chal enge the amount of the grants that NTIA awards to them
under both programs. Additional y, both programs are intended to supplement, not supplant, other
federal or state funds intended to promote digital equity. Grant and subgrant recipients for both
programs are required to report on their activities and use of funds each year to the NTIA
Administrator.
Terms Defined in the Act
Title III defines the following terms for both programs.61
Digital equity means “the condition in which individuals and communities have the information
technology capacity that is needed for full participation in the society and economy of the United
States.”
Digital inclusion means “the activities that are necessary to ensure that al individuals in the
United States have access to, and the use of, affordable information and communication
technologies, such as reliable fixed and wireless broadband internet service; internet-enabled
devices that meet the needs of the user; and applications and online content designed to enable
and encourage self-sufficiency, participation, and collaboration.” Further, it “includes obtaining
access to digital literacy training; the provision of quality technical support; and obtaining basic
awareness of measures to ensure online privacy and cybersecurity.”
Digital literacy means the “skil s associated with using technology to enable users to find,
evaluate, organize, create, and communicate information.”
A community anchor institution means a “public school, a public or multi-family housing
authority, a library, a medical or healthcare provider, a community college or other institution of
higher education, a state library agency, and any other non-profit or governmental community
support organization.”
The term covered populations means “individuals who live in covered households; aging
individuals; incarcerated individuals, other than individuals who are incarcerated in a Federal
correctional facility; veterans; individuals with disabilities; individuals with a language barrier”
(i.e., those who are English learners and have low levels of literacy), as wel as “individuals who
are members of a racial or ethnic minority group; and individuals who primarily reside in a rural
area.”
A covered household means “a household, the income of which for the most recently completed
year is not more than 150% of an amount equal to the poverty level, as determined by using
criteria of poverty established by the Bureau of the Census.”

61 Ibid., §60302.
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State Digital Equity Capacity Grant Program
The intent of the State Digital Equity Capacity Grant Program62 is to ensure that states63 have the
capacity to promote the achievement of digital equity and support digital inclusion activities. This
program has two phases. Phase I is to consist of the development of a State Digital Equity Plan;
Phase II is to consist of awarding grants to states for the implementation of their plans.
For the purposes of this program, an administering entity is an entity selected by the governor
(or equivalent official) to apply for funding under this program that would be responsible for
receiving and administering capacity grants; overseeing the State Digital Equity Plan; and making
subgrants to eligible entities. Schools may not be an administering entity. An eligible entity is a
state, Indian tribe, Alaska Native entity, or a Native Hawai an organization; a not-for-profit entity
providing services in the state; a community anchor institution; a local educational agency; an
entity that conducts a workforce development program; a state agency responsible for
administering or supervising adult education and literacy activities; a public or multi-family
housing authority; or a partnership between any of these entities. Additional y, other entities
(other than schools) may be permitted to join a partnership of eligible entities if the Assistant
Secretary determines such action to be in the public interest.
Phase I: State Digital Equity Planning Grants
During the first year after enactment of the Digital Equity Act, the NTIA Administrator is
required to award grants to states for the development of their State Digital Equity Plans.64 To be
awarded a planning grant, a state must apply to the NTIA Administrator. States are to be eligible
for one planning grant. Applicants must name and describe the state’s administering entity and
provide a certification that the state’s administering entity wil develop its State Digital Equity
Plan within one year unless an extension, not longer than six months, is granted. Awards would be
made within 60 days of the application window opening, and states are al owed to appeal the
amount of the grant awarded. The law appropriates $60 mil ion65 for planning grant awards.
Phase II: State Digital Equity Capacity Grants
NTIA is required to begin distributing the State Digital Equity Capacity Grants66 within two years
of the distribution of the planning grants. States must apply for the grants and provide a
description of the state’s administering entity, its Digital Equity Plan, and certification that the
state wil implement that plan to NTIA. NTIA would calculate grant amounts based on the
following formula:
 50% based on the population of the state in proportion to the total population of
al eligible states;
 25% based on the number of individuals in the state who are members of covered
populations in proportion to the total number of individuals in al eligible states
who are members of covered populations; and

62 Ibid., §60304.
63 “States” are defined as the 50 states; Washington, DC; and Puerto Rico. §60302.
64 Ibid., §60304(c).
65 Ibid., §60304(k)(1).
66 Ibid., §60304(d).
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 25% based on the comparative lack of availability and adoption of broadband in
the state in proportion to the lack of availability and adoption of broadband of al
eligible states.67
NTIA is to use data from the FCC’s “Section 706 Report”; the American Community Survey; if
necessary, other data col ected by the Bureau of the Census; the NTIA Internet Use Survey; and
any other source that the NTIA Administrator determines to be appropriate to calculate grant
amounts.68
The minimum amount of any grant is to be at least 0.5% of the total amount of grants awarded to
eligible states for that fiscal year. If funds remain after NTIA awards al funds in a fiscal year,
NTIA may distribute remaining funds to states that have already been awarded grants. States are
to be required to expend the grant funds during a five-year period beginning on the date NTIA
awards funds to the state.69
The law authorizes Congress to appropriate $240 mil ion for FY2022 and $300 mil ion per year
for FY2023 through FY2026.70 From these amounts, not more than 5% may be used for program
administration; at least 5% is to be made available for grants to Indian tribes, Alaska Native
entities, and Native Hawai an organizations; and at least 1% is to be made available for grants to
the territories. Title II of Division J appropriates the authorized $240 mil ion for FY2022.
State Digital Equity Competitive Grant Program
The intent of the State Digital Equity Competitive Grant Program71 is to award grants to eligible
entities to support efforts to achieve digital equity, promote workforce development, promote
digital inclusion activities, and spur greater adoption of broadband among covered populations.
For the purposes of this program, an eligible entity is a political subdivision, agency, or
instrumentality of a state, including an agency of a state that is responsible for administering or
supervising adult education and literacy activities, or for providing public housing; an Indian
Tribe, an Alaska Native entity, or a Native Hawai an organization; a foundation, corporation,
institution, or association that is a not-for-profit entity and not a school; a community anchor
institution; a local educational agency; an entity that carries out a workforce development
program; and partnership between any of the above entities. Additional y, other entities (other
than schools) may be permitted to join a partnership of eligible entities if the Assistant Secretary
determines such action to be in the public interest.
The grants may not cover more than 90% of the cost of a single project, although that limit may
be waived. Grants wil be required to support at least one of the following activities:
 develop and implement digital inclusion activities that benefit covered
populations;
 facilitate the adoption of broadband by covered populations for educational and
employment opportunities;
 implement training programs for covered populations that cover basic, advanced,
and applied skil s, or other workforce development programs;

67 Ibid., §60304(d)(3)(A)(i).
68 Ibid., §60304(d)(3)(A)(i)(aa)-(dd).
69 Ibid., §60304(d)(3)(B).
70 Ibid., §60304(k)(2)(A)-(B).
71 Ibid., §60305.
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 provide equipment, networking capability, hardware and software, or digital
network technology for broadband services to covered populations at low or no
cost; or
 construct, upgrade, expand, or operate new or existing public access computing
centers for covered populations through community anchor institutions.
The law authorizes $250 mil ion to be appropriated for each of the first five fiscal years in which
funds are made available (the program may extended).72 From these amounts, the NTIA may not
use more than 5% to administer the program; at least 5% is to be set aside for grants to Indian
tribes, Alaska Native entities, and Native Hawai an organizations; and at least 1% is to be set
aside for grants to the territories.73 Title II of Division J appropriates the authorized $250 mil ion
for FY2022.
Title IV—Enabling Middle Mile Broadband
Infrastructure74
Title IV authorizes the appropriation of $1 bil ion for five years (FY2022 through FY2026) for
another new grant program75 to support the deployment of middle mile infrastructure.76 “Middle
mile” networks connect national and regional internet backbones to local connection sites (e.g., a
school, library, business, or residence).
Key Terms Defined in Title IV
The eligible entities in Title IV include “a State, political subdivision of a State, Tribal
government, technology company, electric utility, utility cooperative, public utility district,
telecommunications company, telecommunications cooperative, nonprofit foundation, nonprofit
corporation, nonprofit institution, nonprofit association, regional planning counsel [sic, perhaps
intended to be ‘council’], Native entity, or economic development authority”; or a partnership of
any two or more of these.77
An unserved area under Title IV is an area that does not have access to broadband service with
at least 25 Mbps download and 3 Mbps upload speeds.78 A tribal y underserved area is also an
unserved area.79 An underserved area is an area that does not have access to broadband service
with at least 100 Mbps download and 20 Mbps upload speeds.80
An anchor institution is a school, library, medical or healthcare provider, community college or
other higher-education institution, or community support organization.81

72 Ibid., §60305(l)(1).
73 Ibid., §60401(j)(1)-(2).
74 T his section written by Ling Zhu, Analyst in T elecommunications Policy, lzhu@crs.loc.gov, 7 -9876.
75 P.L. 117-58, §60401(h).
76 Ibid., §60401(a)(10).
77 P.L. 117-58, §60401(a)(4).
78 Ibid., §60401(a)(17).
79 For the definition of Tribally underserved area, see P.L. 117-58, §60401(g).
80 P.L. 117-58, §60401(a)(16).
81 Ibid., §60401(a)(1).
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The Middle Mile Grant Program
NTIA is to administer the program and distribute grants on a technology-neutral, competitive
basis to eligible entities.82 An eligible entity would be required to use the grant funds for the
construction, improvement, or acquisition of middle mile infrastructure.83 The purpose of the
grant84 is to reduce the connecting cost between unserved and underserved areas and the internet
backbone and to promote broadband connection resiliency.85 In each eligible project, the amount
from the grant may not cover more than 70% of the total cost.86
The law requires NTIA to weigh four elements in considering grant applications: (1) a priority
assigned by NTIA, (2) the commitment made by the applicant, (3) use of the required data source,
and (4) specific requirements for middle mile infrastructure using fiber optic technology (see
Table 2).
Table 2. Eligibility Criteria and Requirements for Middle Mile Grants
Element
Description
NTIA assigned
NTIA would be directed to give priority to applications that satisfy two or more of the
priority
fol owing conditions:
 Adoption of fiscal y sustainable middle mile strategies
 Commitment to offering non-discriminatory connection to terrestrial and wireless last
mile broadband providers
 Identification of business partners of terrestrial and wireless last mile providers
 Identification of supplemental investments or in-kind support
 Demonstration of benefits to national security interests
Eligible entity’s
Applicants would be required to commit to the fol owing:
commitments
 Having financial, technical, and operational capabilities to carry out the project, operate
the resulting middle mile broadband network, and support retail broadband service
 Prioritizing connection of its middle mile infrastructure to last mile broadband networks
in unserved areas or non-contiguous trust lands87
 Prioritizing the offering of wholesale broadband service on a carrier-neutral basis
 Completing the grant project within five years
 Sharing the locations of its middle mile infrastructure with the NTIA, the FCC, and local
governments
Data source
In mapping out gaps in broadband coverage, an eligible entity wil be required to use data
from (1) the FCC’s fixed broadband map,a (2) the state or the tribal government, and (3)
speed and usage surveys conducted by the eligible entities.

82 Ibid., §60401(c).
83 Ibid.
84 Ibid., §60401(b)(1).
85 Broadband connection resiliency could be achieved through creating alternative network connection paths to prevent
single points of failure on a broadband network. (See P.L. 117-58, §60401(b)(1)(B).)
86 Ibid., §60401(f).
87 T he term trust land is defined in 38 U.S.C. §3765.
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Element
Description
Middle mile
An eligible entity proposing to build middle mile infrastructure using fiber optic technology
infrastructure with shal :
fiber optic cable
 Ensure its network can provide at least 1 Gigabit per second (Gbps) (download/upload)
service to an anchor institution; and
 Include direct interconnect facilities that help provide broadband service to anchor
institutions within 1,000 feet of its middle mile infrastructure.
Source: CRS analysis of P.L. 117-58, §60401(d) & (e).
a. 47 U.S.C. §642(c)(1)(B).
Title V—Broadband Affordability88
Title V contains five sections that address broadband affordability, interagency coordination,
consumer labels, reporting requirements for the Government Accountability Office (GAO), and
digital discrimination.89 The title90 extends and modifies the Emergency Broadband Benefit
(EBB) that was enacted as part of the CAA 2021. The program is administered by the FCC, but
the agency engaged the Universal Service Administrative Company (USAC) to implement the
EBB Program. USAC uses the framework of an existing program that helps provide affordable
voice and broadband service to low-income consumers.
The EBB is currently a temporary program funded by an appropriation of $3.2 bil ion, available
until expended or until six months after the COVID-19 pandemic terminates (as declared by the
Secretary of Health and Human Services). Under Title V, the EBB is to be renamed the
Affordable Connectivity Program (ACP)91 and the EBB sunset provision tied to the COVID-19
pandemic is to be eliminated.92 Separately from Division F, Division J appropriates an additional
$14.2 bil ion for the ACP, to remain available until expended.93
Under the current EBB program, the FCC subsidizes broadband service for eligible households,
defined as households that suffered income loss during the pandemic or meet other specified
need-based criteria, such as eligibility for federal school lunch programs. Monthly subsidies paid
to providers through USAC cover the cost of residential broadband service (up to $50 on non-
tribal lands and $75 on tribal lands) and provides discounts of up to $100 for computing devices
supplied by participating broadband providers.94
The ACP reduces the maximum monthly payment from $50 to $30 per household.95 It also
mandates that the FCC establish procedures al owing participating providers to claim up to $75
per household on tribal lands in cases where the service cannot be maintained at the lower rate. In
addition, the income eligibility threshold for households is increased from 135% of the federal

88 T his section written by Brian E. Humphreys, Analyst in Science and T echnology Policy, bhumphreys@crs.loc.gov,
7-0975.
89 P.L. 117-58, §60502-60506 (2021).
90 Section 60502.
91 P.L. 117-58, §60502(a)(2)(2021).
92 Ibid., §60502(a)(3).
93 P.L. 117-58, Division J, T itle IV, “Federal Communications Commission Affordable Connectivity Fund.”
94 For more information on the EBB, see CRS Insight IN11612, The Emergency Broadband Benefit: Implementation
and Future Policy Directions, by Brian E. Humphreys.
95 P.L. 117-58, §60502(b)(1)(ii)(II).
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P.L. 117-58: Summary of Broadband Provisions

poverty level to 200%.96 The ACP retains other needs-based qualification criteria established
under the original EBB program and adds enrollment in the USDA Supplemental Nutrition
Assistance Program as an additional qualification criterion.97 The ACP eliminates the CAA
provision that established income loss directly attributable to the COVID-19 pandemic as an EBB
eligibility criterion.98
For providers, the ACP eliminates provisions restricting service plan offerings to those available
on or before December 1, 2020.99 This change could serve to support broadband service
expansion by al owing participating providers to offer new services. Under the ACP, providers are
also required to offer any service plan to eligible subscribers on the same terms as those offered to
non-eligible subscribers.100
The ACP introduces new consumer protections to prohibit participating providers from forcing
beneficiaries to submit to credit checks, upgrade to more expensive plans, or accept extended
service contracts as a condition of service.101 The program also introduces consumer outreach
mandates for broadband providers, requiring them to inform new or renewing customers about
the availability of program benefits.102
Coordination with Certain Other Federal Agencies
Title V amends the Communications Act of 1934 to mandate increased coordination among
departments that administer federal anti-poverty programs and USAC to improve the beneficiary
eligibility verification process. The FCC also must notify Congress upon expenditure of the
original appropriation for the EBB program, and issue rules for annual collection of data on
consumer prices and subscription rates for participating broadband providers’ service offering
under the ACP.
Consumer Broadband Labels
Title V directs the FCC to require broadband providers to provide potential subscribers with
consumer labels for service plans. These labels must display basic plan information in plain
language in an easy-to-read format as described in a 2016 FCC Public Notice.103 In addition, the
section requires the FCC to conduct public hearings to assess how consumers evaluate different
service plans and whether disclosures required under existing regulations are “available, effective,
and sufficient.”104
GAO Report
GAO is required to submit a report to Congress evaluating the process used by the FCC to
establish broadband speed thresholds, and whether the agency adequately takes into account the

96 Ibid., §60502(b)(1)(A)(i)(I).
97 Ibid., §60502(b)(1)(A)(i)(VI).
98 Ibid., §60502(b)(1)(A)(i)(II).
99 Ibid., §60502 (b)(1)(A)(iii).
100 Ibid., §60502 (a)(3)(B)(ii).
101 Ibid.
102 Ibid.
103 Ibid., §60504(a).
104 Ibid., §60504(c)(2).
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certain changing uses of the internet and needs of consumers when establishing such
thresholds.105
Digital Discrimination
This section states that al broadband subscribers should benefit from equal access to the internet
within any given provider’s service area, regardless of income level, race, ethnicity, color,
religion, or national origin. Under this provision, the FCC is required to adopt rules to prevent
“digital discrimination” and identify steps necessary to eliminate such discrimination where it is
found to exist.106 The FCC is also required to develop model policies and best practices to prevent
discrimination, which could be adopted by states and localities.107 The FCC is also required to
revise its public complaint process to accept complaints relating to digital discrimination.108

Author Information

Patricia Moloney Figliola, Coordinator
Brian E. Humphreys
Specialist in Internet and Telecommunications
Analyst in Science and Technology Policy
Policy

Colby Leigh Rachfal
Ling Zhu
Analyst in Telecommunications Policy
Analyst in Telecommunications Policy

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should n ot be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to
copy or otherwise use copyrighted material.

105 Ibid., §60505(b).
106 Ibid., §60506(b).
107 Ibid., §60506(d).
108 Ibid., §60506(e).
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