H.R. 6871 - Rural Broadband Connectivity Act of 2018

115TH CONGRESS
2D SESSION

H.R. 6871

To amend the Internal Revenue Code of 1986 to allow
for a credit against tax for placing in service qualified
broadband property to expand the level of broadband
service in a qualified rural census tract.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 25, 2018

Mr. MARINO (for himself, Mr. ABRAHAM, Mr. BARLETTA,
Mr. BERGMAN, and Mr. GOSAR) introduced the following bill;
which was referred to the Committee on Ways and Means

A BILL

To amend the Internal Revenue Code of 1986 to allow for a credit against tax for placing in service qualified broadband property to expand the level of broadband service in a qualified rural census tract.

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 ‘‘Rural Broadband Connectivity Act of 2018’’.

SEC. 2. RURAL BROADBAND TAX CREDIT.

(a) IN GENERAL. — The Internal Revenue Code of 1986 is amended by inserting after subsection 48D the following new section:

‘‘SEC. 48E RURAL BROADBAND CREDIT.

‘‘(a) IN GENERAL. — For the purposes of section 38, the rural broadband credit for any taxable year is an amount equal to 30 percent of the basis of qualified broadband property placed in service by the taxpayer during such taxable year.

‘‘(b) CAP ON CREDIT AMOUNT. —

‘‘(1) IN GENERAL. — The amount of the credit allowable to a taxpayer under subsection (a) for any property for a taxable year shall not exceed an amount equal to the product of —

‘‘(A) the value of the number of qualified potential customers served by the qualifying broadband project for which such property is necessary, multiplied by

‘‘(B) $170.

‘‘(2) QUALIFIED POTENTIAL CUSTOMER. — For purposes of this section, the term ‘qualified potential customer’ means, with respect to a taxpayer, an individual —

‘‘(A) who resides in a qualified rural census tract, and

‘‘(B) whom such taxpayer demonstrates to the satisfaction of the Secretary would upon request be provided broadband service by the taxpayer for a customary charge for commencing broadband service of no more than $1,000.

‘‘(c) QUALIFIED BROADBAND PROPERTY. — For the purposes of this section —

‘‘(1) IN GENERAL. — The term ‘qualified broadband property’ means property necessary for a qualifying broadband project.

‘‘(2) QUALIFYING BROADBAND PROJECT. — The term ‘qualifying broadband project’ means any project designed to expand the number of individuals with broadband service in a qualified rural census tract.

‘‘(3) BROADBAND SERVICE. — The term ‘broadband service’ means broadband service (as defined in section 601(b) of the Rural Electrification Act of 1936) that meets the minimum acceptable level for such service (as established by the Secretary of Agriculture pursuant to section 601(e) of the Rural Electrification Act of 1936).

‘‘(4) QUALIFIED RURAL CENSUS TRACT. — The term ‘qualified rural census tract’ means a census tract designated not later than December 31, 2018, by the Secretary (in consultation with the Chairman of the Federal Communications Commission, the Assistant Secretary of Commerce for Communications and Information who is head of the National Telecommunications and Information Administration, and the Secretary of Agriculture) as —

‘‘(A) being rural, and

‘‘(B) having less than 50 percent of residents with access to broadband service.

‘‘(d) CARRYOVER OF CERTAIN AMOUNTS. — If, for the taxable year, the amount which (but for subsection (b)) would have been taken into account under subsection (a) exceeds the limitation of subsection (b), then the amount of such excess shall be taken into account under subsection (a) for the succeeding taxable year.

‘‘(e) TERMINATION. — This section shall not apply to property placed in service after December 31, 2028.’’.

(b) CONFORMING AMENDMENT. — Section 46 is amended by striking ‘‘and’’ at the end of paragraph (5), by striking the period at the end of paragraph (6) and inserting ‘‘, and’’, and by adding at the end the following new paragraph:

‘‘(7) the rural broadband credit.’’.

(c) CLERICAL AMENDMENT. — The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item:

‘‘Sec. 48E. Rural broadband credit.’’.

(d) EFFECTIVE DATE. — The amendments made by this section shall apply to property placed in service after December 31, 2018.