reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 4 - Scoring › Section XXI-401 - Overview

Current through Register Vol. 50, No. 6, June 20, 2024
A. The GUMBO grant
				program is a competitive grant program. Applications shall be scored
				independently as provided in this Chapter, based upon a system that awards a
				single point for criteria considered to be the minimum level for the provision
				of broadband service, with additional points awarded to criteria that exceed
				minimum levels.
B. Applications
				shall be scored independently, and applications receiving the highest score
				shall receive priority status for the awarding of grants. Should the final
				application or project area with priority status for the awarding of a grant
				have a request for GUMBO funding that exceeds the remaining GUMBO funds
				available, the final applicant with priority status shall have the option to
				agree to complete its proposed project in full with the remaining GUMBO funds
				available in that round. Should the final priority applicant decline, the
				office shall propose the same to the next highest scored application. This
				process shall continue until such time as an applicant has agreed, or all
				remaining applications within the current grant round have declined. Should all
				applicants decline the office's offer, the remaining balance of GUMBO funding
				shall be added to the next succeeding round of GUMBO, subject to the guidance
				and restrictions of the funding source.
C. As a means of breaking a tie for
				applications receiving the same score, relative to any scoring metric or in the
				scoring aggregate, the office shall give priority to the application proposing
				the lowest GUMBO cost per prospective broadband recipient.
D. Upon the close of the application period,
				and throughout the evaluation and scoring phase of the program process, a
				blackout period shall be instituted. This blackout period shall remain in
				effect until the announcement of awards. During this blackout period,
				applicants shall not initiate contact with the office, except as otherwise
				provided within this part. The office reserves the right to initiate contact
				with an applicant to seek clarification of an application or the data and
				information contained therein, request additional data or information, or as
				necessary in response to an overlapping application or protest. An applicant
				may initiate contact with the office for the purposes of amending an
				application due to overlapping or a protest, or to withdraw an
				application.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 51:2370-2370.16.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 4 - Scoring › Section XXI-403 - Overlapping Applications or Project Areas

Current through Register Vol. 50, No. 6, June 20, 2024
A. At the close of
				the application period, should one or more applications overlap one or more
				other applications; relative to one or more unserved individual addresses, the
				impacted applicants shall have the option and ability to resolve the
				overlapping individual addresses through the applicants' own volition,
				discussion, and efforts. Applicants working to resolve an instance of
				overlapping applications, following the close of the application period, shall
				jointly notify the office of such efforts. An acceptable resolution and amended
				applications will be accepted by the office until 5 p.m. on the fifteenth day
				of the 30-day evaluation period. Such an acceptable resolution between impacted
				applicants shall not result in the addition of partners to a previously
				submitted application nor the expansion of an application's project
				area.
B. Following 5 p.m. on the
				fifteenth day of the 30-day evaluation period, should one or more applications
				overlap one or more other applications; relative to one or more individual
				addresses, each application shall be scored independently. The application
				receiving the highest score shall proceed to grant funding consideration with
				its project area boundary intact. Any lower-scored application overlapping a
				higher-scored application shall be removed from grant funding
				consideration.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 51:2370-2370.16.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 5 - Awards, Protests, and Grant Agreements › Section XXI-501 - Award Announcements

Current through Register Vol. 50, No. 6, June 20, 2024
A. All GUMBO
				applications shall be publicly available on the office's website for a period
				of at least 30 days prior to an award announcement. Following administrative
				review, evaluation, and scoring, as well as fulfilling the requirement that
				applications be publicly available for 30 days prior to award, the office may
				publicly announce award winners.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 51:2370-2370.16.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 5 - Awards, Protests, and Grant Agreements › Section XXI-503 - Protests

Current through Register Vol. 50, No. 6, June 20, 2024
A. The protest
				process shall be conducted in accordance with
				R.S.
				51:2370.4(C) and 2370.5, as
				well as this Chapter. The protest period shall not exceed 30 days following the
				announcement of awards.
B.
				Following an announcement of awards, any aggrieved party may submit a protest
				of any award, specific to whether a location or area is served or unserved by
				broadband service, which shall be the sole reason allowable for the submission
				of a protest. Also qualifying as served for the purposes of a protest are those
				locations or areas where construction of broadband infrastructure will begin
				within either 24 months as the result of public funding or 20 months as the
				result of private funding, respectively, as described in
				§201 of this
				Part and defined within the GUMBO grant program. Protests shall be submitted in
				writing in a manner determined by the office, and all protests shall be
				accompanied by all relevant supporting documentation.
C. Protests shall contain all relevant
				supporting documentation, including, but not limited to, the following:
1. a signed and notarized affidavit affirming
				the protest and attached information are true;
2. current Federal Communications Commission
				(FCC) reporting;
3. maximum speeds
				available in the proposed project area;
4. number of serviceable locations within the
				protested area, including the maximum speeds those serviceable locations are
				able to receive, and the technology used to deliver such transmission
				speeds;
5. street-level data of
				customers receiving service within the protested area, including speed test
				data;
6. referencing the data
				submitted by the applicant, shapefiles in GIS or kml file format, with
				accompanying excel and/or attribute table data including individual addresses,
				longitudinal and latitudinal coordinates, and any specific geolocator number or
				other specific identifier assigned by the federal government to location, that
				show each protested passing in the protested area, designated by a singular
				mapped point;
7. if applicable,
				heat maps indicating received signal strength indicator (RSSI) in the
				challenged area.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 5 - Awards, Protests, and Grant Agreements › Section XXI-505 - Grant Agreements [Formerly Section 603]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Following the
				close of the protest period, the office may issue grant agreements to eligible
				awardees not subject to an ongoing protest. An awardee shall have 30 days, from
				official issuance of the grant agreement, to negotiate, sign, and return the
				agreement. If the grant agreement is not signed by the awardee and returned to
				the office within 30 days from official issuance of the grant agreement, the
				office shall reserve the right to rescind the award and proceed to official
				issuance of a grant agreement to the next highest scored applicant with
				priority status for the awarding of a grant.
B. Construction start and completion dates
				shall be calculated for scoring, compliance, and failure to perform purposes
				and evaluations, beginning with the date the grant agreement is received by the
				office (following successful negotiation, if any, and with proper and legal
				signature affixed).
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 51:2370-2370.16.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 6 - Compliance › Section XXI-601 - Speed and Cost Compliance [Formerly Section 701]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office shall
				require that grant recipients offer download and upload speeds of at least
				100:20 Mbps. Slower speeds may be offered, but speeds that meet or exceed
				100:20 Mbps must be offered. Additionally, speeds that meet or exceed 100:100
				Mbps are expected to be offered, except in the rare case of a prohibitive
				barrier such as geography, topography, or excessive cost in deploying speeds
				that meet or exceed 100:100 Mbps. Should an applicant propose to offer a
				maximum available speed of less than 100:100 Mbps, a substantiating
				explanation, accompanied by corroborating evidence, shall be submitted to the
				office as a part of the application submission.
B. Grant recipients that have offered
				broadband service to at least one thousand consumers for a period of at least
				five consecutive years shall offer broadband service at prices consistent with
				offers to consumers in other areas of the state. Any other broadband provider
				shall ensure that the broadband service is priced to consumers at no more than
				the cost rate identified in the project application, for the duration of the
				five-year service agreement.
C. In
				calculating cost, the recipient may adjust annually, consistent with the annual
				percentage increase in the Consumer Price Index in the preceding
				year.
D. At least annually, a grant
				recipient shall provide to the office evidence consistent with Federal
				Communications Commission attestation, or future federal equivalent, that the
				grant recipient is making available the proposed advertised speed, or a faster
				speed, as contained in the grant agreement.
E. For the duration of the agreement, grant
				recipients shall disclose any changes to data caps.
F. Grant recipients shall be required to
				participate in federal programs that provide low-income consumers with
				subsidies on broadband internet access services. Grant recipients will be
				required to participate in the federal Affordable Connectivity Program, or
				future federal or state equivalent.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 51:2370-2370.16.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 6 - Compliance › Section XXI-603 - Reporting [Formerly Section 703]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Grant recipients
				shall submit to the office, no more than quarterly, unless otherwise required
				by federal statute or regulation, a report for each funded project for the
				duration of the agreement. The report shall include reporting requirements
				selected at the discretion of the office. Such reporting requirements, once
				selected, shall be consistently applied to all grant recipients of any grant
				program round and be effective for at least one program year. Reporting may be
				revised from program year to program year, at the discretion of the
				office.
B. Grant recipients, upon
				request from the office, shall provide:
1.
				project and expenditure reports, to include but not limited to: expenditures,
				project status, subawards, civil rights compliance, equity indicators,
				community engagement efforts, geospatial data, workforce plans and practices,
				and information about subcontracted entities; and
2. performance reports, to include but not
				limited to project outputs and outcomes.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 6 - Compliance › Section XXI-605 - Disbursement and Reimbursement [Formerly Section 705]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Division of
				Administration shall be the designated agency for receipt and disbursement of
				state and federal funds intended for the state for broadband expansion or
				allocated by the state for broadband expansion.
B. All federal grant funds received by the
				state for the purpose of broadband expansion shall be disbursed in accordance
				with the GUMBO program.
C. Funding
				in accordance with completion shall be distributed to a grantee once the
				grantee has demonstrated, to the satisfaction of the office, that a project has
				reached the following percentile completion thresholds, which shall be defined
				as a percentage of the total number of prospective broadband recipients
				proposed to be served by the project:
1. 10
				percent;
2. 35 percent;
3. 60 percent;
4. 85 percent;
5. 100 percent.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 6 - Compliance › Section XXI-607 - Failure to Perform [Formerly Section 707]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A grant
				recipient shall forfeit the amount of the grant received if it fails to
				perform, in material respect, the obligations established in the
				agreement.
B. Grant recipients that
				fail to provide advertised connection speeds and costs shall forfeit any
				matching funds, up to the entire amount received through the GUMBO
				program.
C. The office shall use
				its discretion to determine the amount forfeited.
D. A grant recipient that forfeits amounts
				disbursed under this Part is liable for up to the amount disbursed plus
				interest.
E. The number of
				subscribers that subscribe to broadband services offered by the provider in the
				project area shall not be a measure of performance under the agreement for the
				purposes of this Section.
F. A
				grant recipient shall not be required to forfeit the amount of the grant
				received if it fails to perform due to a natural disaster, an act of God, force
				majeure, a catastrophe, pandemic, the failure to obtain access to private or
				public property or any government permits under reasonable terms, such claims
				that shall be evaluated to the satisfaction of the office, or such other
				occurrence over which the grant recipient has no control, as evaluated to the
				satisfaction of the office.
G. If a
				grant recipient fails to complete a project, in a material respect, the grant
				recipient, at the discretion of the office, may be required to reimburse the
				state the actual cost to finish the project. The actual cost to finish the
				project shall be determined by the office, in consultation with the grant
				recipient. The Office shall not require a grant recipient that it deems has
				made a good faith effort to complete a project to reimburse the state an amount
				greater than the remaining GUMBO cost per prospective broadband recipient as
				set forth in the grant recipient's application.
H. If a grant recipient fails to perform and
				fails to return the full forfeited amount required, the ownership and use of
				the broadband infrastructure funded by the GUMBO program shall revert to the
				Division of Administration.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 51:2370-2370.16.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 6 - Compliance › Section XXI-609 - State and Federal Oversight, Civil Rights Compliance, and Other Applicable Federal Law [Formerly Section 709]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Grant recipients
				are subject to audit or review by the state and federal government.
B. Grant recipients shall not deny benefits
				or services, or otherwise discriminate on the basis of race, color, national
				origin (including limited English proficiency), disability, age, or sex
				(including sexual orientation and gender identity), in accordance with the
				following authorities:
1. Title VI of the
				Civil Rights Act of 1964 (Title VI),
				42
				U.S.C. 2000d-1 et seq., and the Treasury
				Department's implementing regulations, 31 C.F.R. part 22 ;
2.Section 504 of the Rehabilitation Act of
				1973 (Section 504),
				29 U.S.C.
				794;
3. Title IX of the Education Amendments of
				1972 (Title IX),
				20 U.S.C.
				1681 et seq., and the Treasury Department's
				implementing regulations, 31 C.F.R. part 28 ; and
4. Age Discrimination Act of 1975,
				42 U.S.C.
				6101 et seq., and the Treasury Department's
				implementing regulations, 31 C.F.R. part 23.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 7 - Applicability of Amended Rule › Section XXI-701 - Applicability of Amended Rule

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any application
				received through the GUMBO grant program prior to August 1, 2022, or any
				protest, appeal, or other filing, including any judicial filing arising from an
				application submitted prior to August 1, 2022, shall be subject to Act 477 of
				the 2021 Regular Legislative Session and the final rule published on June 20,
				2022. Any application received through the GUMBO grant program on or following
				August 1, 2022, or any protest, appeal, or other filing, including any judicial
				filing arising from an application submitted on or following to August 1, 2022,
				shall be subject to Act 288 of the 2022 Regular Legislative Session and the
				Emergency Rule published on August 20, 2022.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 51:2370-2370.16.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 7 - Applicability of Amended Rule › Section XXI-703 - Reporting

Current through Register Vol. 50, No. 6, June 20, 2024
A. Grant recipients
				shall submit to the office a monthly report for each funded project for the
				duration of the agreement. The report shall include reporting requirements
				selected at the discretion of the office. Such reporting requirements, once
				selected, shall be consistently applied to all grant recipients of any grant
				program round and be effective for at least one program year. Monthly reporting
				may be revised from program year to program year, at the discretion of the
				office.
B. Grant recipients, upon
				request from the office, shall provide:
1.
				project and expenditure reports, to include but not limited to: expenditures,
				project status, subawards, civil rights compliance, equity indicators,
				community engagement efforts, geospatial data, workforce plans and practices,
				and information about subcontracted entities; and
2. performance reports, to include but not
				limited to project outputs and outcomes.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 7 - Applicability of Amended Rule › Section XXI-705 - Disbursement and Reimbursement

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				Division of Administration shall be the designated agency for receipt and
				disbursement of state and federal funds intended for the state for broadband
				expansion or allocated by the state for broadband expansion.
B. All federal grant funds received by the
				state through the American Rescue Plan Act for the purpose of broadband
				expansion shall be disbursed in accordance with the GUMBO program.
C. Funding in accordance with completion
				shall be distributed to a grantee once the grantee has demonstrated that a
				project has reached the following percentile completion thresholds, which shall
				be defined as a percentage of the total number of prospective broadband
				recipients proposed to be served by the project:
1. 10 percent;
2. 35 percent;
3. 60 percent;
4. 85 percent;
5. 100 percent.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 7 - Applicability of Amended Rule › Section XXI-707 - Failure to Perform

Current through Register Vol. 50, No. 6, June 20, 2024
A. A grant
				recipient shall forfeit the amount of the grant received if it fails to
				perform, in material respect, the obligations established in the
				agreement.
B. Grant recipients that
				fail to provide the minimum advertised connection speed and cost at the
				advertised rate shall forfeit any matching funds, up to the entire amount
				received through the GUMBO program.
C. The office shall use its discretion to
				determine the amount forfeited.
D.
				A grant recipient that forfeits amounts disbursed under this part is liable for
				up to the amount disbursed plus interest.
E. The number of subscribers that subscribe
				to broadband services offered by the provider in the project area shall not be
				a measure of performance under the agreement for the purposes of this
				Section.
F. A grant recipient shall
				not be required to forfeit the amount of the grant received if it fails to
				perform due to a natural disaster, an act of God, force majeure, a catastrophe,
				pandemic, or such other occurrence over which the grant recipient has no
				control.
G. If a grant recipient
				fails to perform and fails to return the full forfeited amount required, the
				ownership and use of the broadband infrastructure funded by the GUMBO program
				shall revert to the Division of Administration.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 51:2370-2370.16.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 7 - Applicability of Amended Rule › Section XXI-709 - Federal Oversight, Civil Rights Compliance, and Other Applicable Federal Law

Current through Register Vol. 50, No. 6, June 20, 2024
A. Grant recipients
				are subject to audit or review by the U.S. Department of the Treasury Inspector
				General and Government Accountability Office.
B. Grant recipients shall not deny benefits
				or services, or otherwise discriminate on the basis of race, color, national
				origin (including limited English proficiency), disability, age, or sex
				(including sexual orientation and gender identity), in accordance with the
				following authorities:
1. title VI of the
				Civil Rights Act of 1964 (Title VI),
				42
				U.S.C. 2000d-1 et seq., and the Treasury
				Department's implementing regulations, 31 C.F.R. part 22 ;
2.section 504 of the Rehabilitation Act of
				1973 (section 504),
				29 U.S.C.
				794;
3. title IX of the Education Amendments of
				1972 (Title IX),
				20 U.S.C.
				1681 et seq., and the Treasury Department's
				implementing regulations, 31 C.F.R. part 28 ; and
4. Age Discrimination Act of 1975,
				42 U.S.C.
				6101 et seq., and the Treasury Department's
				implementing regulations, 31 C.F.R. part 23.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 11 - Challenge Process › Section XXI-1101 - Fair, Expeditious, and Evidenced-Based Challenge Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. Permissible
				Challenges. The office only allows challenges on the following grounds:
1. the identification of eligible community
				anchor institutions;
2. community
				anchor institution BEAD eligibility determinations.;
3. BEAD eligibility determinations for
				existing broadband serviceable locations (BSLs);
4. enforceable commitments; or
5. planned service;
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 13 - Deployment Subgrantee Selection › Section XXI-1301 - Plan for Fair, Open, and Competitive Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. Eligible
				locations in the state are organized by the office into a set of pre-defined
				areas, or "sub-project areas." Prospective subgrantees will define their
				proposed overall deployment projects, but such proposals must be submitted in
				the form of sets of SPAs. By including an SPA in an application, the provider
				commits to reach all included eligible locations.
B. Qualified prospective subgrantees may
				submit a Round 1 application, after SPAs are determined by the office.
1. A Round 1 application must include:
a. the list of SPAs included in the
				application;
b. the amount of BEAD
				funds requested;
c. the proposed
				technology type for the project; and
d. additional primary and secondary scoring
				application elements including plans for affordability, fair labor practices,
				deployment timeline, speed of network, and any other supporting information
				required by NTIA.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 13 - Deployment Subgrantee Selection › Section XXI-1303 - Prioritization and Scoring Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. In Round 1,
				prospective subgrantees must specify the amount of requested BEAD funding for
				each application, expressed as a percentage of the total reference amount for
				all SPAs included in the application.
B. Prospective subgrantees also must submit
				scoreable application elements for affordability, fair labor practices, speed
				to deployment, inclusion of economically challenged or critical resilience
				SPAs, and network technical capabilities.
C.
1. After
				Round 1 submissions, two categories of applications will be awarded:
a. FTTH applications that do not overlap with
				any other application of any technology type, and that request funding no
				greater than the reference funding levels for all included SPAs; or
b. FTTH applications that achieve a
				decisively higher score at least 100 points better than any overlapping
				application of any technology type (informally referred to below as "decisively
				higher score" applications).
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 13 - Deployment Subgrantee Selection › Section XXI-1305 - Prioritizing Unserved Service Projects

Current through Register Vol. 50, No. 6, June 20, 2024
A. A GUMBO 2.0
				application is defined as a set of SPAs. The inclusion of an SPA in an
				application carries an obligation to deploy to all eligible locations in the
				SPA if the application is awarded. All application plans and commitments such
				as for affordability, technology type, and performance level must apply to all
				eligible locations within included SPAs.
B. The office may, prior to making final
				subgrant awards, remove certain locations from a subgrant in order to ensure
				compliance with the BEAD-required prioritization of all unserved locations
				first, then underserved locations, and then CAIs. In such cases, the state
				would adjust the subgrant award amount to account for the removal of certain
				locations.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:2370.21-2370.33.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 13 - Deployment Subgrantee Selection › Section XXI-1307 - Prioritizing Eligible CAIs

Current through Register Vol. 50, No. 6, June 20, 2024
A. Deployment to
				all eligible CAIs shall be prioritized before making funds available for
				non-deployment projects.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:2370.21-2370.33.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 13 - Deployment Subgrantee Selection › Section XXI-1309 - Compliance with EHP and BABA Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Projects must be
				in adherence to the requirements of any applicable laws.(?) Build America, Buy
				America Act (BABA), the National Environmental Policy Act (NEPA) (42 U.S.C. §
										4321 et seq.) and National Historic
				Preservation Act (NHPA) (54
				U.S.C. §
										300101 et seq.).
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:2370.21-2370.33.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 13 - Deployment Subgrantee Selection › Section XXI-1311 - Definition of Eligible Project Areas

Current through Register Vol. 50, No. 6, June 20, 2024
A. All prospective
				subgrantees shall define their overall application areas as a set of
				pre-defined sub-project areas. A project area is the overall proposed
				deployment area included in an application, comprising the eligible locations
				within the set of SPAs included in the application.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:2370.21-2370.33.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 13 - Deployment Subgrantee Selection › Section XXI-1313 - Ensuring Universal Coverage in Subsequent Funding Rounds

Current through Register Vol. 50, No. 6, June 20, 2024
A. If coverage gaps
				remain after the first rounds, to close these remaining coverage gaps, the
				office may begin targeted outreach and negotiation strategy with the proximate
				providers and/or newly awarded subgrantees with the greatest apparent ability
				to make targeted extensions of service to individual locations passed over in
				the main GUMBO 2.0 process.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:2370.21-2370.33.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 13 - Deployment Subgrantee Selection › Section XXI-1315 - Tribal Government Consent

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prospective
				subgrantees with plans to build within any of the tribal lands shall provide a
				Resolution of Consent or other formal demonstration of consent from each tribal
				government's tribal council or other governing body, upon whose tribal lands
				the infrastructure will be deployed. The office will require that the
				resolution of consent, or any substitute document used at request of the tribal
				government, be submitted by the prospective subgrantee at the time of
				application along with other relevant documents demonstrating that holistic
				local coordination occurred. This will ensure that the proper documentation is
				obtained for submission and approval of the final proposal.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:2370.21-2370.33.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 13 - Deployment Subgrantee Selection › Section XXI-1317 - Identification of Extremely High Cost Per Location Threshold

Current through Register Vol. 50, No. 6, June 20, 2024
A. The EHCT will be
				determined based on funding requirements for actual subgrant proposals received
				in the state of Louisiana. The GUMBO 2.0 EHCT mechanism therefore will permit
				the office, pursuant to BEAD rules, to select certain non-FTTH applications
				instead of FTTH if the overall result is to expand the number of eligible
				locations receiving access to at least reliable broadband service to the extent
				doing so fully with priority projects proves impossible based on actual
				subgrant proposals received.
B. The
				office may set the final EHCT value at a level above the per-location cost of
				all awarded FTTH applications for purposes of Final Proposal
				submission.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:2370.21-2370.33.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 13 - Deployment Subgrantee Selection › Section XXI-1319 - e of Extremely High Cost per Location Threshold

Current through Register Vol. 50, No. 6, June 20, 2024
A. An EHCT will be
				identified and utilized as necessary.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:2370.21-2370.33.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 13 - Deployment Subgrantee Selection › Section XXI-1321 - Ensuring Minimum Financial Capability

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. To submit a grant application, prospective
				subgrantees shall provide details to complete a review of financial capability,
				including but not limited to the following.
a.
				Obtain the five years of financial statements, pro forma statements or
				financial audits submitted by each applicant or the financial statements for
				each year that the applicant has been in business if less than five years.
				Ensure that the complete financial statements were submitted. If financial
				statements are not available, search for the applicant's SEC Form 10-K filing.
				Using the audited financial statements, reviewed the unaudited financial
				statements for reasonableness. Review the financial statements, if audited, to
				determine if there is a going concern disclosure in the audit report.
b. Determine whether the applicant's business
				status is active in Louisiana, whether the applicant has filed for bankruptcy,
				and whether the company is involved in any lawsuits.
c. Determine the funding sources for the
				project.
d. Review the balance
				sheet, statement of operations and statement of cash flows to determine if the
				applicant is steady and/or growing. Use EBITDA margin to assist in this
				analysis. Calculate the current ratio (current assets/current liabilities).
				Calculate the debt to assets ratio (total debts/total assets).
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 13 - Deployment Subgrantee Selection › Section XXI-1323 - Supporting Documentation for BEAD Subgrantee Selection Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office shall
				incorporate specific intake questions and publish them for
				applicants.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:2370.21-2370.33.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 13 - Deployment Subgrantee Selection › Section XXI-1325 - Ensuring Managerial Capability

Current through Register Vol. 50, No. 6, June 20, 2024
A. To submit a
				grant application, prospective subgrantees shall provide the details listed
				below related to managerial capability.
1.
				Resumes for Key Personnel Requirement. To submit a grant application,
				prospective subgrantees shall provide resumes for all key management personnel,
				documentation will be collected and reviewed by qualified personnel.
2. Readiness to Manage Proposed Project
				Requirement. To submit a grant application, prospective subgrantees shall
				provide the details listed below related to managerial capability.
a. Project organizational chart(s) and
				corporate relationships detailing all parents, subsidiaries, and
				affiliates.
b. A narrative
				describing the prospective subgrantee's readiness to manage a broadband
				services network. This narrative should include at a minimum the experience and
				qualifications of key management set to undertake this project, its experience
				undertaking projects of similar size and scope, recent and upcoming
				organizational changes including mergers and acquisitions, and relevant
				organizational policies.
c. A
				matrix illustrating how the skills of lead staff align with business plan
				deliverables.
3.
				Documentation related to the requirements above will be collected and reviewed
				by qualified personnel.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 13 - Deployment Subgrantee Selection › Section XXI-1327 - Ensuring Technical Capability

Current through Register Vol. 50, No. 6, June 20, 2024
A. To submit a
				grant application, prospective subgrantees shall provide details related to
				technical capability.
B.
				Documentation related to the requirements below will be collected and reviewed
				by qualified personnel.
1. Technical
				Qualification for Implementation and Credentialed Workforce. Prospective
				subgrantees must submit certification to ConnectLA that they are technically
				qualified to complete and operate the Project and that they can carry out the
				funded activities in a competent manner, including that it will use an
				appropriately skilled and credentialed workforce. Documentation to be provided
				by the prospective subgrantee includes, but is not limited to the following:
a. documentation of current licensing with
				governing bodies to operate in Louisiana;
b. attestation of current Louisiana licensing
				for any engineers who certify design, diagrams, project costs, etc;
c. demonstration of experience designing and
				delivering similar projects of size, complexity and timeline.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 13 - Deployment Subgrantee Selection › Section XXI-1329 - Ensuring Compliance with Applicable Laws

Current through Register Vol. 50, No. 6, June 20, 2024
A. To submit a
				grant application, prospective subgrantees shall provide details related to
				compliance with applicable laws.
1. Compliance
				with Federal, State, and Local Laws. To submit a grant application, prospective
				subgrantees shall provide the details listed below related to compliance with
				applicable laws:
2. Detailed
				history of compliance with all applicable Federal, State of Louisiana and local
				laws for previous broadband projects funded by federal and state programs,
				including disclosure of any default on any federal or state obligation
				associated with grants for broadband deployment.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 13 - Deployment Subgrantee Selection › Section XXI-1331 - Ensuring Operational Capabilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Required
				Operational Qualifications. To submit a grant application, prospective
				subgrantee shall provide the details listed below related to operational
				capability.
1. A prospective subgrantee will
				provide operational details including but not limited to the following:
a. years providing internet
				service;
b. current subscribers
				(households, businesses and community anchor institutions)
c. completed federally funded deployment
				projects, with their source of funding and timeframe for completion or
				non-completion;
d. penalties paid
				by the prospective subgrantee, a subsidiary or affiliate of the prospective
				subgrantee or the holding company of the prospective subgrantee relative to
				deployment projects;
e. the number
				of times prospective subgrantee has ever been a defendant in a state of
				Louisiana criminal proceeding or civil litigation relevant to qualifications to
				deployment broadband infrastructure; and
f. whether the prospective subgrantee has
				ever defaulted on a federal or state obligation to deploy broadband
				infrastructure and if so, to provide a summary.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 13 - Deployment Subgrantee Selection › Section XXI-1333 - Ensuring Ownership

Current through Register Vol. 50, No. 6, June 20, 2024
A. To submit a
				grant application, prospective subgrantee shall provide details related to
				ensuring ownership.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:2370.21-2370.33.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 13 - Deployment Subgrantee Selection › Section XXI-1335 - Disclosure of Other Publicly Funded Projects

Current through Register Vol. 50, No. 6, June 20, 2024
A. To submit a
				grant application, prospective subgrantees shall provide the details listed
				below related to disclosure of other publicly funded projects.
1. Disclosure of Existing or Future
				Publicly-Funded Projects. To submit a grant application, prospective
				subgrantees shall provide the details listed below related to public funding.
a. Each prospective subgrantee shall
				disclose, for itself and for its affiliates, any application the prospective
				subgrantee or its affiliates have submitted or plan to submit, and every
				broadband deployment project that the prospective subgrantee or its affiliates
				are undertaking or have committed to undertake at the time of the application
				using public funds, including but not limited to funds provided under:
i. Families First Coronavirus Response Act
				(Public Law 116- 127; 134 Stat. 178);
ii. CARES Act (Public Law
				116-136; 134 Stat. 281);
iii. Consolidated Appropriations Act, 2021
				(Public Law
				116-260; 134 Stat. 1182);
iv. American Rescue Plan of 2021
				(Public Law
				117-2; 135 Stat. 4);
v. Federal Universal Service Fund high-cost
				program (e.g., RDOF, CAF);
vi. any
				eligible entity or local universal service or broadband deployment funding
				program.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 13 - Deployment Subgrantee Selection › Section XXI-1307 - Prioritizing Eligible CAIs

Current through Register Vol. 50, No. 6, June 20, 2024
A. Deployment to all
				eligible CAIs shall be prioritized before making funds available for
				non-deployment projects.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:2370.21-2370.33.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 13 - Deployment Subgrantee Selection › Section XXI-1309 - Compliance with EHP and BABA Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Projects must be
				in adherence to the requirements of any applicable laws: Build America, Buy
				America Act (BABA), the National Environmental Policy Act (NEPA) (42 U.S.C. §
										4321 et seq.) and National Historic
				Preservation Act (NHPA) (54
				U.S.C. §
										300101 et seq.).
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:2370.21-2370.33.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 13 - Deployment Subgrantee Selection › Section XXI-1317 - Identification of Extremely High Cost per Location Threshold

Current through Register Vol. 50, No. 6, June 20, 2024
A. The EHCT will be
				determined based on funding requirements for actual subgrant proposals received
				in the state of Louisiana. The GUMBO 2.0 EHCT mechanism therefore will permit
				the office, pursuant to BEAD rules, to select certain non-FTTH applications
				instead of FTTH if the overall result is to expand the number of eligible
				locations receiving access to at least reliable broadband service to the extent
				doing so fully with priority projects proves impossible based on actual
				subgrant proposals received.
B. The
				office may set the final EHCT value at a level above the per-location cost of
				all awarded FTTH applications for purposes of Final Proposal
				submission.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:2370.21-2370.33.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 13 - Deployment Subgrantee Selection › Section XXI-1319 - Use of Extremely High Cost per Location Threshold

Current through Register Vol. 50, No. 6, June 20, 2024
A. An EHCT will be
				identified and utilized as necessary.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:2370.21-2370.33.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 13 - Deployment Subgrantee Selection › Section XXI-1327 - Ensuring Technical Capability

Current through Register Vol. 50, No. 6, June 20, 2024
A. To submit a grant
				application, prospective subgrantees shall provide details related to technical
				capability.
B. Documentation
				related to the requirements below will be collected and reviewed by qualified
				personnel.
1. Technical Qualification for
				Implementation and Credentialed Workforce. Prospective subgrantees must submit
				certification to ConnectLA that they are technically qualified to complete and
				operate the Project and that they can carry out the funded activities in a
				competent manner, including that it will use an appropriately skilled and
				credentialed workforce. Documentation to be provided by the prospective
				subgrantee includes, but is not limited to the following:
a. documentation of current licensing with
				governing bodies to operate in Louisiana;
b. attestation of current Louisiana licensing
				for any engineers who certify design, diagrams, project costs, etc.;
c. demonstration of experience designing and
				delivering similar projects of size, complexity and timeline.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 13 - Deployment Subgrantee Selection › Section XXI-1329 - Ensuring Compliance with Applicable Laws

Current through Register Vol. 50, No. 6, June 20, 2024
A. To submit a
				grant application, prospective subgrantees shall provide details related to
				compliance with applicable laws.
1.
				Compliance with Federal, State, and Local Laws. To submit a grant application,
				prospective subgrantees shall provide the details listed below related to
				compliance with applicable laws:
2.
				Detailed history of compliance with all applicable Federal, State of Louisiana
				and local laws for previous broadband projects funded by federal and state
				programs, including disclosure of any default on any federal or state
				obligation associated with grants for broadband deployment.