West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-25 - Rules Governing Emergency and Wireless Telephone Service › Section 150-25-13 - Wireless Tower Access Assistance Fund

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Projects.
13.1.1. Project Review. In order to receive
				"grant funding" for a project from the Wireless Tower Access Assistance Fund, a
				project sponsor must submit the appropriate form application, to be developed
				and provided by the Wireless Tower Access Assistance Fund Review Committee, and
				the project must receive the approval of the Committee.
13.1.2. Application Filing. To be considered
				for funding from money accruing from the period January 1 through December 31
				of the funding year, the project sponsor must file its application on or before
				November 15 of the funding year with the Commission's Executive
				Secretary.
13.1.3. Application
				Review. The Committee will review all applications filed on or before the
				November 15 filing deadline. The Committee will make a determination regarding
				each application and either recommend the approval of, in whole or in part, or
				the denial of funding for the project or request additional information if
				necessary to make a determination. The Committee will rank all of the
				applications for which it recommends approval in order of funding preference. A
				copy of the determination by the Committee will be sent to the Commission's
				Executive Secretary and to the applicant. The Committee will review the
				applications and make recommendations to the Commission, as described above,
				during the period following the November 15 filing deadline and before December
				31. This same procedure will repeat with each calendar year, provided that,
				upon a positive vote of at least six of its members, the Committee, for good
				cause shown, may treat an application in an expedited manner to be determined
				by the members. In all such instances of expedited treatment, the Commission
				will have fourteen (14) days, from receipt of the Committee's expedited
				recommendation, in which to make its decision regarding such expedited
				recommendation.
13.1.3.a. The determination by
				the Committee must be in writing and contain findings that the project meets,
				if funding is recommended, or does not meet, if funding is not recommended,
				each of the public interest factors specified in section 13.2. of these
				Rules.
13.1.3.b. If funding for a
				project is denied for any reason, the Committee will provide written notice of
				such to the applicant with a copy to the Commission's Executive
				Secretary.
13.1.4.
				Committee Determination. Prior to making any grant, the Committee shall
				determine that the grant funding and the manner in which it will be provided
				are necessary or appropriate to accomplish the purposes and intent of W. Va.
				Code §
										24-6-6b(e). The
				Committee will give priority to projects, including projects involving
				public/private partnerships, where the project will provide significant
				benefits to public safety communications, including law enforcement, ambulance,
				rescue and firefighting communication devices, as well as to commercial mobile
				radio services, cellular phone services, specialized mobile radio
				communications services, common carrier wireless exchange phone services,
				personal communications services, wireless broadband Internet access,
				Department of Highways communication devices and/or pager services.
13.1.5. Issuance of funds by the Commission.
				Within fourteen (14) days of the receipt of the determination of the Wireless
				Tower Access Assistance Fund Review Committee, the Commission will, in the
				instance of a determination to fund a particular project, decide to either
				accept or reject such determination. Upon the Commission's acceptance to fund a
				particular project, the Administration Division will mail a copy of the funding
				contract to the applicant and schedule a closing on the grant to be held within
				thirty (30) days. The Commission will continue its decision-making process
				through the ranked list until the available funding for the fiscal year is
				exhausted.
13.1.6. Eligible Grant
				Recipients. The Committee will not recommend grants for any project that is not
				applied for by a county commission as project sponsor on behalf of itself
				and/or another person.
13.1.7.
				Grant Requirements. The Committee may recommend a grant for a project if the
				Committee determines and finds that (1) the project will result in the
				provision of wireless enhanced 911 service coverage in the project area; and
				(2) the absence of a sufficient number of potential wireless users in the
				project area prevents adequate funding of the project without the awarding of a
				grant from the Wireless Tower Access Assistance Fund.
13.1.8. Loans. The Committee will not
				recommend, and the Commission will not distribute, any loans from the Wireless
				Tower Access Assistance Fund.