1. Short title This Act may be cited as the American Broadband Buildout Act of 2019 . 2. Definitions In this Act: (1) Broadband internet access service The term broadband internet access service — (A) means mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up internet access service; and (B) includes any service that the Commission finds to be providing a functional equivalent of the service described in subparagraph (A) or that is used to evade the protections set forth in part 8 of title 47, Code of Federal Regulations, or any successor thereto. (2) Commission The term Commission means the Federal Communications Commission. (3) Eligible entity The term eligible entity means— (A) a State; or (B) an entity authorized by a State to spend funds for a purpose described in section 3 or 4. (4) Last-mile infrastructure The term last-mile infrastructure means infrastructure the predominant purpose of which is to provide broadband internet access service to end users or end user devices, including households, businesses, community anchor institutions, public safety entities, and critical community facilities. (5) Overbuilding The term overbuilding means deploying broadband infrastructure in an area that, prior to the deployment, already had— (A) facilities capable of providing broadband internet access service at a speed of not less than 25 megabits per second for downloads and 3 megabits per second for uploads