Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 19 - MISSISSIPPI ELECTRIC COOPERATIVES BROADBAND COVID-19 ACT (§§ 77-5-901 — 77-5-911) › Section 77-5-909 - Application for grant programs; application fee; review of primary application; distribution of approved grants; criteria for determination of multiple projects including common census blocks; amended applications; ranking of primary applications for overdrawn grant funds; secondary and tertiary applications

(1)
An applicant desiring to participate in one (1) of the grant programs shall make written application to the Staff for a grant.
(2)
Any primary application must be submitted on or before the close of business on July 17, 2020. A primary application must include the following:
(a)
a description of the applicant,
(b)
a description of the proposed project,
(c)
a project map depicting the projects unserved or underserved census blocks, as identified by the Public Utilities Staff,
(d)
an engineering map of the project,
(e)
an estimate of the total number of households along the route of the project,
(f)
the total estimated miles of fiber to be installed,
(g)
the proposed maximum speeds to be delivered both downstream and upstream,
(h)
the total estimated cost of the project,
(i)
the grant amount requested by the electric cooperative, subject, however, to the limit set forth in Section
77-5-903
, and
(j)
confirmation by the applicant of its obligation under this article to refund any awarded funds in the event it is found by the Public Utilities Staff to be fully or materially noncompliant with this article.
(3)
In order to assist with the payment of reasonable expenses the Public Utilities Staff will incur in the administration of the Grant Programs, any application for a grant under this article, whether primary, secondary or tertiary, must include an application fee that is:
(a)
made payable to the Public Utilities Application Fund, and
(b)
equal to one-half of one percent (1/2 of 1%) of the grant amount requested in the application. An application fee paid by an applicant shall be immediately returned if the proposed project is rejected by the Staff. In the event a requested grant is partially awarded, the application fee shall be reduced on a proportionate basis and the difference refunded to the applicant.
(4)
The Staff shall expeditiously review the primary application submitted by an applicant and determine if the application and proposed project meet the criteria set forth in this article. On July 28, 2020, by close of business, the Staff shall notify the applicant and the department which primary applications have been approved. The department shall then distribute the approved grants to the approved applicant(s) by close of business July 31, 2020.
(5)
In the event two (2) or more applicants submit projects that include one (1) or more common census blocks, the Staff shall determine which proposed project best serves that census block or blocks using the following criteria:
(a)
Maximum speeds, including both downstream and upstream,
(b)
Total miles of fiber to be deployed based on the entire application, and
(c)
Total value of the project, including both grant and match, with preference given to projects of greater value.
The applicant whose project is rejected based on the Staff's determination may, within three (3) days after the Staff's determination, revise its proposed project and refile an amended application with the Staff. The refiled project shall continue as the same designation (primary, secondary or tertiary) as the rejected project.
(6)
If after approval by the Staff of all primary applications, the department determines that the requested grants are greater than the monies in a given grant fund, the Staff shall determine a ranking of the primary applications for whichever grant fund is overdrawn. Such ranking shall be determined by the following criteria:
(a)
Maximum speeds, including both downstream and upstream,
(b)
Total miles of fiber to be deployed, and
(c)
Total value of the project, including both grant and match, with preference given to projects of greater value.
After the Staff has determined primary application rankings, it shall transmit said rankings to the department for disbursement. The department shall disburse grant funds in order of the primary application rankings until all the grant funds are disbursed.
(7)
Any secondary application by an applicant shall be submitted on or before July 29, 2020, and meet the same application content criteria as a primary application. The department shall notify the Staff if there are any grant funds remaining after the department's distributions of grant funds for primary applications. In the event there are monies remaining in a given grant fund, the Staff shall review the secondary applications for approval. Upon its approval of secondary applications, the Staff shall notify the department of such application approvals by no later than the close of business on August 11, 2020, and the department shall distribute monies on a pro rata basis, as determined by the department, to all qualifying secondary applicants on or before August 14, 2020.
(8)
Any tertiary application for the Mississippi Electric Cooperatives Broadband COVID-19 Grant Program as authorized in Section
77-5-905
must be submitted on or before the close of business on September 4, 2020, and meet the same application content criteria as a primary application. Upon approval of any tertiary application, the Staff shall notify the department of such application approval by no later than the close of business on September 11, 2020, and the department shall distribute monies on a pro-rata basis to all qualifying applicants on or before September 18, 2020.
Amended by Laws, 2020, ch. 495, SB 3054,§ 1, (became law without the Governor's signature on September 1, 2020).
Added by Laws, 2020, ch. 487, SB 3046,§ 5, (became law without the Governor's signature on July 9, 2020).