Section 4-4-38-8 - Awarding of grants; required considerations; conditions(a) In determining whether to award a grant under this chapter in connection with a proposed qualified broadband project, the office shall consider the following:(1) Awarding grants under this chapter with a preference for funding proposed qualified broadband projects that will provide Internet connections to the most unserved areas at the highest speeds for the lowest grant amount per area.(2) The community's need for, and the likely economic impact of, the proposed qualified broadband project in the unserved area.(3) Demonstrated community support for the proposed qualified broadband project, including the certification of one (1) or more communities to be served by the project as broadband ready communities under IC 5-28-28.5.(4) The likelihood that the unserved area will not be served with qualified broadband service without state grant funding.(5) Whether funding has been allocated for the unserved area from the federal Connect America Fund or from any other similar federal funding program.(6) Whether the broadband infrastructure proposed in connection with the qualified broadband project is scalable to higher download and upload speeds.(7) Awarding grants for qualified broadband projects that will serve a larger unserved area or a greater number of locations within an unserved area.(8) The useful life of the broadband network proposed to be deployed.(9) The technical, managerial, and financial capabilities of the applicant.(10) The ability of the applicant to commit to providing at least twenty percent (20%) of the cost to deploy the proposed broadband infrastructure. When multiple applicants apply for a grant to provide broadband service to the same census block within an unserved area, the office may establish a preference for approving applications with a greater capital contribution by the applicant.(11) Any proposed plans to encourage the adoption and use of broadband services within the unserved area.(12) Any other factors the office considers appropriate to enable the deployment of broadband infrastructure to provide qualified broadband service in unserved areas in Indiana.(b) The following conditions apply to the awarding of grants under this chapter: (1) The office shall not award a grant with respect to any geographic area if information made available to the office, through comments or objections received under section 7(c) of this chapter or otherwise, indicates any of the following:(A) The area is already being served by at least one (1) provider offering qualified broadband service in the area. However, any person may, in a petition filed with the office, provide evidence that one (1) or more locations within one (1) or more census blocks in the area are unserved areas. Upon receiving a petition described in this clause, the office shall notify all broadband providers operating in all census blocks included in the petition. Those broadband providers may in turn demonstrate to the office that the locations included in the petition:(i) are already served with qualified broadband service; or(ii) will be served with qualified broadband service not later than eighteen (18) months after the date of the application for a grant under this chapter.(B) The area is currently being built out for qualified broadband service by a qualified broadband provider, and the construction is scheduled to be completed within one (1) year of the date of an application under this chapter.(C) The area is currently planned for qualified broadband service expansion by a qualified broadband provider:(i) without state grant funding; and(ii) with project completion forecast not later than eighteen (18) months after the date of an application under this chapter. If the office denies a grant on the basis of clause (A)(ii), (B), or (C), the qualified broadband provider involved in the current or planned project, as applicable, shall provide the office with a schedule for completion of the current or planned build out. The qualified broadband provider shall also provide the office with quarterly status updates, beginning three (3) months after the office's decision denying a grant for the area, concerning any work done toward completion of the project described in clause (A)(ii), (B), or (C). If the qualified broadband provider fails to provide a schedule for completion or a status report by the date required by the office, or if the office determines that the time frame for project completion described in clause (A)(ii), (B), or (C), as applicable, will likely not be met, the office may award a grant under this chapter with respect to the area and shall provide notice of that fact to all former applicants that were previously denied a grant under this chapter with respect to the area on the basis of clause (A)(ii), (B), or (C). The qualified broadband provider that failed to provide a schedule or report, or that failed to meet the time frame for project completion described in clause (A)(ii), (B), or (C), may not use this subdivision to subsequently challenge the awarding of a grant under this chapter with respect to the same area.
(2) The office shall not award a grant to any applicant that is receiving for the same unserved area for which a grant is sought under this chapter:(B) another state grant; to provide qualified broadband service to the area under a grant program the express purpose of which is to provide broadband service to unserved areas.
(3) The office shall not discriminate between different types of technology used to provide qualified broadband service in connection with proposed qualified broadband projects.(4) The office shall seek any assurances that may be necessary or appropriate to ensure that proposed qualified broadband projects will be substantially completed within the time period set forth in a grant application under this chapter.(5) The office shall condition the release of any grant funds awarded under this chapter on: (A) the progressive completion, as measured on a not more than quarterly basis, of the approved qualified broadband project; and(B) operational testing, when possible, to confirm the level of service proposed in the grant application. Once funds have been released in accordance with this subdivision, all authority and ownership of the broadband infrastructure vests with the qualified broadband provider that built the infrastructure.
Added by P.L. 177-2018,SEC. 5, eff. 7/1/2018.