La. Admin. Code tit. 4 § XXI-1331

Current through Register Vol. 50, No. 11, November 20, 2024

Section XXI-1331 - Ensuring Operational Capabilities

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.

B. Required Number of Years in Operation. To submit a grant application, prospective subgrantee shall provide the details listed below related to operational capability:

1. A prospective subgrantee that has provided a voice, broadband, and/or electric transmission or distribution service for at least two consecutive years prior to the date of its application submission or that it is a wholly owned subsidiary of such an entity, must submit a certification that attests to these facts and specifies the number of years the prospective subgrantee or its parent company has been operating.

C. Required Compliance with FCC Form 477, Rules, and Regulation. To submit a grant application, prospective subgrantee shall provide the details listed below related to operational capability:

1. If the prospective subgrantee has provided a voice and/or broadband service, it must certify that it has timely filed their Federal Commission Form 477s and the Broadband DATA Act submission, if applicable, as required during this period, and otherwise has complied with the commission's rules and regulations. Alternatively, a prospective subgrantee should explain any notice of funding opportunity pending or completed enforcement action, civil litigation, or other matter in which it failed to comply or was alleged to have failed to comply with commission rules or regulations.

D. Required Operating and Financial Reports for Electric Transmission or Distribution Services. To submit a grant application, a prospective subgrantee shall provide the details listed below related to operational capability.

1. If the prospective subgrantee has operated only an electric transmission or distribution service, it must submit qualified operating or financial reports that it has filed with the relevant financial institution for the relevant time period along with a certification that the submission is a true and accurate copy of the reports that were provided to the relevant financial institution.

E. Required Operational Capabilities for New Entrants. To submit a grant application, prospective subgrantee shall provide the details listed below related to operational capability.

1. For a new entrant to the broadband market, a prospective subgrantee must provide evidence sufficient to demonstrate that the newly formed entity has obtained, through internal or external resources, sufficient operational capabilities. Such evidence may include resumes from key personnel, project descriptions and narratives from contractors, subcontractors or other partners with relevant operational experience or other comparable evidence.

La. Admin. Code tit. 4, § XXI-1331

Promulgated by the Office of the Governor, Division of Administration, Office of Broadband Development and Connectivity, LR 50, exp. 7/18/2024(Emergency), Amended LR 50512 (4/1/2024).

AUTHORITY NOTE: Promulgated in accordance with R.S. 51:2370.21-2370.33.