Montana Code 90-1-604. Eligible projects
90-1-604. (Temporary) Eligible projects. (1) An eligible proposal may be awarded funding under this section, consistent with the national telecommunications and information administration, for a project in a project area that, as of the date the proposal is filed, constitutes an unserved or underserved area. Funds must be used in accordance with the requirements set forth in the Infrastructure Investment and Jobs Act, Public Law 117-58, and as established by the national telecommunications and information administration.
Terms Used In Montana Code 90-1-604
- Broadband: means a 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. See Montana Code 90-1-602
- Broadband service: means the signal transmission facilities and associated network equipment proposed to be deployed in a project area used for the provision of broadband service to residential, business, and government customers. See Montana Code 90-1-602
- Commission: means the communications advisory commission established in 90-1-603. See Montana Code 90-1-602
- Department: means the department of administration. See Montana Code 90-1-602
- Extremely high cost per location threshold: is a subsidy cost for each location to be utilized during the proposal selection process in which a proposal may be declined if use of an alternative technology meeting the broadband, equity, access, and deployment program program's technical requirements would be less expensive. See Montana Code 90-1-602
- High-cost area: means an unserved area in which the cost of building out broadband service is fiscally imprudent, and the area contains no less than 80% of unserved broadband-serviceable locations. See Montana Code 90-1-602
- Project: means a proposed deployment of broadband service infrastructure set forth in a proposal for funding authorized under this part. See Montana Code 90-1-602
- Project area: means a shapefile area in an unserved or underserved area where the proposed broadband service infrastructure would be built as described in a proposal for funding authorized under this part. See Montana Code 90-1-602
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Shapefile: means a GIS file format for storing, depicting, and analyzing geospatial data depicting broadband coverage. See Montana Code 90-1-602
- Underserved area: means a location or area that is not an unserved location and that lacks access to broadband service offered with a speed of not less than 100 megabits per second for downloads, a speed of not less than 20 megabits per second for uploads, and latency less than or equal to 100 milliseconds. See Montana Code 90-1-602
(2)The project area, including middle-mile or last-mile proposals, to be served by a project funded under the program must be described on a shapefile basis.
(3)The department may issue requests for proposals or accept proposals from eligible providers or solicit proposals for specific eligible projects as designated by the department, which would be submitted as proposals pursuant to this part.
(4)A broadband project may be recommended to the commission for disqualification on the basis that the location surpasses the extremely high cost per location threshold, high-cost area calculation, or for other valid reasons subject to approval by the national telecommunications and information administration.
(5)If no broadband service technology meeting national telecommunications and information administration’s technical requirements is deployable for a subsidy of less than the extremely high cost per location threshold at a given location, the commission is authorized to recommend a proposal involving a less costly technology for that location, even if that technology does not provide reliable broadband service but otherwise satisfies the program’s technical requirements.
(6)Middle-mile or last-mile broadband deployment projects may be recommended by the commission if the responsive proposal meets the requirements set forth by the national telecommunications and information administration.
(7)On recommendation by the commission, the department may request proposals from eligible providers for unserved service projects or underserved service projects if no acceptable application is submitted for funding consideration. (Terminates on occurrence of contingency–sec. 9, Ch. 696, L. 2023.)