HB 2886 — Modifies provisions for the broadband grant program

SECOND REGULAR SESSION HOUSE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO.

2886 103RD GENERAL ASSEMBLY INTRODUCED5523H.04C BYJOSEPH REPRESENTATIVEENGLER, RIGGS.Chief Clerk AN ACT To repeal sections 620.2450, 620.2451, 620.2454, 620.2456, and 620.2459, RSMo, and to enact in lieu thereof five new sections relating to the broadband grant program.

5523H.01I JOSEPH ENGLER, Chief Clerk AN ACT To repeal sections 620.2450, 620.2451, 620.2454, and 620.2459, RSMo, and to enact in lieu thereof four new sections relating to the broadband grant program.

Sections 620.2450, 620.2451, 620.2454, 620.2456, and 620.2459, RSMo, are repealed and fourfive new sections enacted in lieu thereof, to be known as sections 620.2450, 620.2451, 620.2454, 620.2456, and 620.2459, to read as follows:

(2) "Underserved area", a project area without access to wireline [or fixed wireless] broadband internet service of speeds of at least [one hundred] seventhree hundred fifty megabits per-secondper- second download and [twenty] seventhirty hundred fifty megabits per-second upload;

(3) "Unserved area", a project area without access to wireline [or fixed wireless] broadband internet service of speeds of at least [twenty-five] fiveone hundred megabits per- second download and [three] fivetwenty hundred megabits per-second upload.

HCS HB 2886 2 3.620.2451.

For the purposes of sections 620.2450 to 620.2458, access to low-Earth-orbit satellites, fixed wireless, or cable shall not be considered access to broadband internet service.

620.2451.

Any entity that was the second place finisher in any previous federal broadband funds application shall have the right of first refusal to accept defaulted funds recovered by the state at the rate previously applied for.for, subject to approval by the state broadband office.

HB 2886 3 2.

Within three business days of the close of the grant application process, the department of economic development shall publish on its website the proposed unserved and underserved areas, and the proposed broadband internet speeds for each application HCS HB 2886 3 submitted.

or (3) The provider commits to providing broadband internet service to retail customers within the proposed unserved or underserved areasareas: within the timeframe proposed by the applicant.

(a) Within the timeframe proposed by the applicant, if funded entirely with private funds;

or (b) No later than the applicable timeline to provide broadband internet service to retail customer established in 47 U.S.C.

Section 1702(h)(4)(C), if funded by a Broadband Equity Access and Deployment Program grant.

If the department determines that the provider currently provides, has begun construction to provide, or commits to provide broadband internet service at speeds of at least [twenty-five] five hundred megabits per-second download and [three] fivethirty hundred megabits per-second upload, but scalable to higher speeds, in the proposed project area, the department shall not fund the challenged project.

620.2456.

1.

The department of economic development shall not award any grant to an otherwise eligible grant applicant where funding from the Connect America Fund has been awarded, where high-cost support from the federal Universal Service Fund has been received by rate of return carriers, or where any other federal funding has been awarded which did not HCS HB 2886 4 require any matching-fund component, for any portion of the proposed project area, nor shall any grant money be used to serve any retail end user that already has access to wireline or fixed wireless broadband internet service of speeds of at least twenty-five megabits per- second download and three megabits per-second upload.

2.

No grant awarded under sections 620.2450 to 620.2458, when combined with any federal, state, or local funds, shall fund more than fifty percent of the total cost of a project.

3.

No single project shall be awarded grants under sections 620.2450 to 620.2458 whose cumulative total exceeds five million dollars.

4.

The department of economic development shall endeavor to award grants under sections 620.2450 to 620.2458 to qualified applicants in all regions of the state.

5.

An award granted under sections 620.2450 to 620.2458 shall not:

(1) Require an open access network;

(2) Impose rates, terms, and conditions that differ from what a provider offers in other areas of its service area;

(3) Impose any rate, service, or any other type of regulation beyond speed requirements set forth in section 620.2451;

[or] (4) Impose an unreasonable time constraint on the time to build the service;

or (5) Provide middle mile infrastructure as defined in 47 U.S.C.

Section 1741.

6.

If a grant recipient fails to establish the speed requirements set forth in section 620.2451, then the grant recipient shall return all grant moneys to the department.

and HB 2886 4 (2) [If such program is reauthorized, the program authorized under sections 620.2450, 620.2451, 620.2452, 620.2453, 620.2454, 620.2455, 620.2456, 620.2457, and 620.2458 shall sunset automatically six years after the effective date of the reauthorization of sections 620.2450, 620.2451, 620.2452, 620.2453, 620.2454, 620.2455, 620.2456, 620.2457, and 620.2458;