2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-O - Department of Business and Economic Affairs › Section 12-O:62 - Program Guidelines; Rulemaking.

12-O:62 Program Guidelines;  Rulemaking. –
I. The department of business and economic affairs shall adopt rules under RSA 541-A, relative to grant application and distribution procedures.
II. The rules shall, at a minimum, include the following:
(a) Establishment of a technology-neutral competitive grant process based on objective criteria.
(b) Establishment of a challenge process, with reasonable timelines, through which information may be provided to the state to ensure that funds are not used to build projects in served areas or areas where construction has commenced. For the purposes of this subdivision, construction has commenced when a provider initiates the make-ready process or begins construction of broadband infrastructure in the project area. A provider who successfully challenges an application's eligibility for funding because construction has commenced shall complete construction as soon as practical and without undue delay.
(c) A method to ensure an applicant's trade secrets, financial information, and proprietary information submitted as part of an application are exempt from disclosure under RSA 91-A.
(d) Establishment of a process that promotes faster service, up to and including gigabit service.
III. The department of business and economic affairs shall ensure that any grants awarded to broadband providers are provided with an appropriate level of consultation with the local governing bodies and a determination that the grants advance the goal of deploying broadband to unserved areas within communities.
IV. Eligible costs for the program shall include, but are not limited to:
(a) Costs associated with access to utility poles and other necessary structures.
(b) Construction of broadband network infrastructure in eligible areas.
(c) Construction of service connections to individual homes or businesses.
(d) Upgrades to existing infrastructure that currently provides service that does not meet the minimum definition of broadband in RSA 38:38, I(c).
(e) All other costs directly attributable to the construction project. In cases where a cost is shared with another ongoing project, shared costs shall be prorated.
(f) Planning costs related to network design and program eligibility.
V. Eligible costs shall not include any operating expenses or other recurring costs.
VI. The broadband provider, political subdivision, or communications district shall provide a minimum of 25 percent of the total cost of the project. Sources of the match may include revenue bonds issued by the political subdivision, bonds issued by the communication district, or private investment by broadband providers either jointly or independently. Sources of the match provided by broadband providers shall not include other federal or state funding awarded specifically to support the expansion of broadband networks.
VII. The department of business and economic affairs shall not, as a condition of an award of grant money, impose any requirement, rate regulation, or other term or condition of service that differs from the applicant's terms or conditions of service in its other service areas.
VIII. If the provisions of RSA 12-O:61, RSA 12-O:62, or RSA 12-O:63 conflict with the provisions of the federal funding guidance, specifically for the purposes of the broadband matching grant initiative or the broadband matching grant fund, the federal funding guidance shall control.
IX. (a) The commissioner of the department of business and economic affairs shall submit a quarterly report, beginning July 1, 2022, to the fiscal committee of the general court, which includes:
(1) The number of grant applications received by the department.
(2) A list of the grants approved by the department, including the broadband provider, the political subdivisions covered, and the dollar amount of each grant.
(3) A list of grants denied by the department.
(4) The details of any successful or unsuccessful appeal of a department decision to deny an application.
(5) The details of any federal coronavirus capital project funds, authorized by the American Rescue Plan Act of 2021, appropriated for reasons not included in the broadband matching grant initiative.
(6) The details of any remaining available federal coronavirus capital project funds, authorized by the American Rescue Plan Act of 2021.
Source.
2021, 91:457, eff. July 1, 2021. 2022, 280:1, 3 and 4, eff. June 24, 2022.