291 Neb. Admin. Code, ch. 5, § 006

Current through September 17, 2024

Section 291-5-006 - NEBRASKA INTERNET ENHANCEMENT FUND PROGRAM

006.01Statutory Authority:

This section is adopted pursuant to 2001 Laws Neb. 827.

006.02Definitions:

As used in this section, unless the context otherwise requires, the following definitions apply

006.02A Advanced telecommunications capability shall mean highspeed, broadband telecommunications capability that enables users to originate and receive high-quality voice, data, graphics, and video telecommunications using any technology.

006.02B Commission shall mean the Nebraska Public Service Commission.

006.02C Eligible service provider shall mean an entity certificated, permitted or otherwise legally authorized to provide telecommunications, video, internet or other related services.

006.02D Fund shall mean the Nebraska Internet Enhancement Fund created pursuant to 2001 Laws Neb. 827.

006.03Purpose of the Fund:

The Fund shall be used to provide financial assistance to install and deliver broadband or other advanced telecommunications infrastructure and service throughout the State.

006.04Contents of the Fund:

The Fund shall consist of money appropriated by the Legislature and gifts, grants, or bequests from any source, including federal, state, public, and private sources.

006.05Grants from the Fund:

Any county or municipality in the state may apply for financial assistance from the Fund. An applicant may obtain a service provider for broadband or other advanced telecommunications services in an exchange or other area defined by the county or municipality where such services are to be delivered at rates of service agreed upon between the service provider and county or municipality.

006.06Priorities for Grants:

Highest priority shall be given to applications based on high-cost factors, including population scarcity and location remoteness. Other factors, including financial need, may be considered by the Commission as deemed necessary.

006.07Application Requirements:

The Commission may develop application forms and may require use of such forms for any application. The application shall state the projected cost, identify the service provider, describe the process for selection of the service provider, list terms and considerations of any agreement between the applicant and the service provider, and include other information as required by the Commission.

006.08Eligibility:

A service provider must be an eligible service provider.

006.09 Matching Funds Requirement:

An applicant must provide matching funds of at least twenty-five percent of the total projected cost. Such funds may be public or private matching funds or in-kind services. The value of in-kind services shall be calculated at the standard or market rate.

006.10Public Records:

Project proposals are public records.

006.11Audits:

The Commission may, at its own expense, require an audit of any project funded by an award from the Fund. The Commission shall have access to the financial records for funded projects of all grantees for a period of five fiscal years after the conclusion of the project period. For purposes of this section, a fiscal year is July 1 through June 30.

006.12Termination of a Project:

Prior to completion, a project may be terminated by a grant recipient or the Commission. Such termination requires written notice to all other parties to the project. All unexpended and unencumbered funds must be returned on the date of the receipt of the termination notice.

006.12ATermination by Applicant: An authorized representative of an applicant, as designated by the grant recipient in the initial application or as amended in writing, may terminate a grant at any time. Such termination request must be in writing and will become effective when received by the Executive Director of the Commission.

006.12BTermination by Commission: A grant may be terminated by the Commission when the Commission determines that the grant activities are outside the approved application, conditions of the grant are not met, there is fraud or fiscal mismanagement, or there is lack of adequate funding. In the event the Commission proposes to terminate grant funding, it shall provide the authorized applicant representative of the grant recipient written notice of the reasons for such action and an opportunity for hearing. Any such hearing shall be conducted by the Commission pursuant to Rules of Commission Procedure. All requests for hearing must be filed with the Commission within 30 days of the authorized applicant representative=s receipt of the proposal to terminate. If no such request for a hearing is filed, the Commission may take final action to terminate the grant at the next regularly scheduled Commission meeting without further proceedings before the Commission.

006.13Grant Award Notification:

Distributions from the Fund shall be made upon order of the Commission. The complete terms of a grant shall be contained in a written contract signed by authorized representatives or the grant recipient, including evidence of approval by the applicant=s governing board.

006.14Failure of Terms and Conditions:

If grantees fail to meet any terms and conditions of the grant award notification or any requirements of this rule, the grantees may be required to reimburse the Nebraska Internet Enhancement Fund for any and all funds disbursed to the project and forfeit any additional funds not yet disbursed.

006.15Nebraska Internet Enhancement Fund Advisory Board:

The Commission may appoint an advisory board to assist the Commission in carrying out the purposes of the Nebraska Internet Enhancement Fund Program.

006.15A The advisory board shall be composed of seven individuals appointed by the Commission, including

006.15A1 Two representatives of local government, either county or municipal;

006.15A2 One person employed in the field of economic development;

006.15A3 Two representatives of local exchange carriers;

006.15A4 One Internet service provider; and

006.15A5 One Commissioner or his or her designee.

006.15B The advisory board shall have the following responsibilities

006.15B1 Assist in setting guidelines for grants;

006.15B2 Review grant applications and recommend amount of funding for each grant application;

006.15B3 Prioritize distributions of grants; and

006.15B4 Recommend regulatory or legislative changes to the Commission regarding the administration and distribution Fund.

291 Neb. Admin. Code, ch. 5, § 006