1.Establish criteria defining unserved and underserved areas.
The authority, by rule adopted pursuant to section 9205, subsection 3, shall establish
criteria to define unserved and underserved areas. The authority shall establish
criteria that ensure that an area is not determined to be an unserved or underserved
area if the effect of that determination would inhibit or impede private investment
in any area or diminish the value of prior investment in advanced communications technology
infrastructure within any area. Criteria established by the authority must include
but are not limited to whether investment is planned in an area within a reasonable
time. Criteria established by the authority to define unserved and underserved areas with
respect to broadband service must include the percentage of households with access
to broadband service within a municipality or other appropriate geographic area.
2009, c. 63, §1 (AMD)
2.Enhance communications technology infrastructure.
The authority, through partnerships, grants, direct investment, loans, demonstration
projects and other appropriate means, shall, in a competitively neutral fashion and
without giving preference to any one form of technology over another:
A. Monitor wireless coverage in areas where the authority determines the quality of
the coverage is inadequate; [2005, c. 665, §3 (NEW).]
B. Determine whether an area is an unserved or underserved area; [2005, c. 665, §3 (NEW).]
C. Expand the availability of broadband service to residential and small business customers in unserved or underserved areas. In awarding grants, the authority shall give priority to those proposals that,
relative to other proposals, extend access to broadband service to a higher percentage
of an unserved area within a municipality or other appropriate geographic area; [2009, c. 63, §2 (AMD).]
D. Expand the availability of broadband with bandwidth, synchronicity, reliability
and security adequate to serve business, education and enterprise consumers in unserved
or underserved areas; [2005, c. 665, §3 (NEW).]
E. Otherwise enhance the State's communications technology infrastructure in unserved
and underserved areas; and [2005, c. 665, §3 (NEW).]
F. Cover reasonable administrative costs of the authority. [2005, c. 665, §3 (NEW).]
2009, c. 63, §2 (AMD)
In addition to its duties established under this chapter, the authority shall:
A. Collect, aggregate, coordinate and disseminate information and data concerning communications
services and advanced communications technology infrastructure in the State; [2005, c. 665, §3 (NEW).]
B. Track investment in advanced communications technology infrastructure; [2005, c. 665, §3 (NEW).]
C. Continually assess the availability of and need for advanced communications technology
infrastructure in unserved or underserved areas within the State; [2005, c. 665, §3 (NEW).]
D. Identify and secure federal and other funding sources for broadband or wireless
deployment or education; [2005, c. 665, §3 (NEW).]
E. Identify opportunities for coordination among providers, consumers and state and
local governmental entities, including coordination with the statewide emergency radio
network; and [2005, c. 665, §3 (NEW).]
F. Create and facilitate public awareness and educational programs to encourage the
use of broadband services. [2005, c. 665, §3 (NEW).]
2005, c. 665, §3 (NEW)
4.Limitations on activities of the authority.
The authority may not develop, acquire, fund, coordinate or otherwise undertake
any project or make any grant, direct investment or loan under this chapter unless:
A. The action is taken on behalf of, in partnership with or in support of one or more
communications service providers that are remitting assessments to the authority under
section 9211; and [2005, c. 665, §3 (NEW).]
B. The authority determines that, without the authority's action, the installation of
adequate advanced communications technology infrastructure in an unserved or underserved
area would not otherwise occur. [2005, c. 665, §3 (NEW).]
Notwithstanding any other provision of this chapter, the authority may not provide
any wireline, wireless, satellite, voice, data or video service at retail or wholesale.
2005, c. 665, §3 (NEW)
5.Public notice and opportunity for private investment.
Prior to taking any action described in subsection 4, the authority shall provide
public notice of its intention to take the action. The authority may not take the
action if a service provider franchised or certificated to provide a communications
service to the area submits a timely certification to the authority that the service
provider will commence within 45 days and will complete within one year the installation
of sufficient advanced communications technology infrastructure to provide broadband
or wireless service in a manner that would render the authority's action unnecessary
2005, c. 665, §3 (NEW)
2005, c. 665, §3 (NEW).
2009, c. 63, §§1, 2 (AMD).
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