63M-1-2304 - Grants for rural broadband deployment.
63M-1-2304. Grants for rural broadband deployment.
(1) (a) A provider that wishes to deploy broadband service in a rural area may file anapplication for a grant with the office.
(b) An application shall:
(i) be accompanied by an affidavit executed by the provider under oath; and
(ii) provide information prescribed in rules adopted by the director.
(2) The director shall:
(a) provide reasonable public notice of an application;
(b) allow public comment on the application for a reasonable period of time;
(c) allow any other provider a reasonable opportunity to file an application to providebroadband service in all or part of the rural area specified in the application filed underSubsection (1); and
(d) make rules concerning the method of providing public notice, the time period forpublic comment, and the manner of filing a competing application.
(3) (a) The office shall review all applications submitted in accordance with Subsections(1) and (2) to provide broadband service in a rural area.
(b) In reviewing any application, the office may obtain information from the provider orothers and conduct its own analysis of any issue relevant to the application, including economicdevelopment.
(4) After review of all applications for any rural area in accordance with Subsection (3),the director may approve an application and enter into a written agreement with a provider toprovide a grant from the restricted account if the director, with the advice of the board, issatisfied that the provider's application establishes that:
(a) the provider has the financial, managerial, and technical ability to deploy broadbandservice in the rural area in accordance with the application;
(b) the territory in which the provider proposes to deploy broadband service is a ruralarea;
(c) the cost of deployment of broadband service in the rural area is reasonable;
(d) the initial terms and conditions on which broadband service will be made available topotential subscribers in the rural area are reasonable;
(e) the provider has a viable business plan to continue providing broadband service to allor some subscribers within the rural area;
(f) if a competitive application was filed for the rural area, the provider's application isthe most advantageous application to potential subscribers or the state; and
(g) the application otherwise meets the requirements of this part and any rules adopted bythe director concerning broadband service deployment.
(5) (a) The director may, with the advice of the board, require the provider to makeadjustments to the application or agree to reasonable conditions consistent with the purposes ofthis part before approving the application.
(b) Any adjustments and conditions required by the director shall be included in thewritten agreement entered into with the provider.
(6) The amount of any grant provided from the restricted account shall be no greater thanthe lesser of 1/2 of:
(a) the actual cost of deployment of broadband service in the rural area as established byverified accounts filed with the office after completion of deployment; or
(b) the projected amount established during the application process by the director andboard for the deployment of broadband service in the rural area as provided in the verifiedapplication.
(7) Upon completion of deployment of broadband service by a provider in accordancewith the terms of an agreement as provided in Subsection (4), the director shall pay the amountof the grant agreed upon consistent with Subsection (6) to the provider from the restrictedaccount.
(8) In making any determination required under this section, the director, the office, andthe board:
(a) may not discriminate against any accepted technology for provision of broadbandservice other than for reasons of cost or the terms and conditions upon which the providerproposes to provide broadband service to potential subscribers; and
(b) may consult with the Division of Public Utilities created in Section 13-1-2.
Amended by Chapter 278, 2010 General Session