La. Admin. Code tit. 4 § XXI-203

Current through Register Vol. 50, No. 8, August 20, 2024

Section XXI-203 - Resources for Identification of Project Areas

A. Applicants can apply for funding to serve individual addresses as set forth in Chapter 3: Applications of this Part.

1. The Office shall secure broadband availability mapping information and data from any entity, public or private, providing internet access service to at least one location, within the jurisdiction of the state, to assist the office in compiling a statewide parish-by-parish broadband availability map identifying the locations, technologies, and reliable transmission speed capabilities of broadband service in the state. At the request of the Office, any such entity shall submit to the Office, on or before the fifteenth day following the expiration of the date required for submission of broadband availability and deployment information to the federal government, any such broadband availability and deployment information. Such information shall be submitted to the office and shall contain the same information and be provided in the same format as it was submitted to the Federal Communications Commission, or any other federal entity, in a manner specified by the office. Specific to this requirement, in no instance shall an entity be required to provide any data or information beyond that which it is required to provide to the Federal Communications Commission or any other federal entity.

2. Any entity that does not comply with this submission requirement or submits inaccurate information, may be ineligible to participate in, or receive any funding from, any state-administered grant program designated for broadband infrastructure deployment in the state in the calendar year of noncompliance and through the following calendar year.

a. Any location in the state purportedly served by any entity providing internet access service to at least one location in the state, that does not comply with this submission requirement, may be considered to have internet access service of less than 100:20 Mbps.

3. Any broadband availability mapping data and information, submitted as part of this mapping submission requirement, shall be used solely for the purpose of identifying served, underserved, and unserved locations and areas to aid in the administration of the GUMBO grant program and for no additional purpose.

4. Any entity submitting broadband availability mapping data and information, submitted as part of this mapping submission requirement, may be afforded the opportunity to review a proposed draft of the state broadband map prior to publication or utilization of the map for any state-administered grant application period or program designated for broadband infrastructure deployment in the state, and submit any necessary corrective data and information to the office. In conjunction with this review, the office shall provide for a challenge period and process to allow any such entity to challenge any location or area deemed eligible for any state-administered grant program designated for broadband infrastructure deployment in the state that overlaps with the challenging entity's verified service territory.

5. The Office may contract with a private entity, third-party consultant, or state agency, or any combination thereof, to develop and maintain the state broadband availability map. Any contract entered into by the office with any private entity, third-party consultant, or state agency, or any combination thereof, for such purpose shall include a confidentiality agreement prohibiting the disclosure of any broadband availability mapping data and information. During the development and maintenance of the state broadband availability map, in no instance shall a regional planning district or commission of the state have access to provider-identifying broadband availability mapping data and information submitted as part of this mapping submission requirement.

6. Broadband availability mapping data and information submitted as part of this mapping submission requirement shall be exempt from the Public Records Law and shall be considered confidential, proprietary, and a trade secret of the entity providing such information. The Office, as well as any private entity, third-party consultant, or state agency retained or employed in the development or maintenance of the map, specific to provider-identifying information, shall keep such information strictly confidential and shall not disclose such information, or cause or permit to be disclosed such information, to any third person, private entity, or public body as defined in R.S. 44:1 and shall take all actions reasonably necessary to ensure that such information remains strictly confidential and is not disclosed to or seen, used, or obtained by any third person, private entity, or public body as defined in R.S. 44:1.

7. This broadband availability mapping data and information submission requirement shall be subject to the termination provisions provided for in R.S. 51:2370.3.

C. The Office advises potential applicants to consider mapping tools and other resources located within the office's website as a starting point for identifying project areas.

La. Admin. Code tit. 4, § XXI-203

Promulgated by the Office of the Governor, Division of Administration, Office of Broadband Development and Connectivity, LR 47, Amended LR 47, Amended LR 481505 (6/1/2022), Amended LR 48, Amended LR 49

AUTHORITY NOTE: Promulgated in accordance with R.S. 51:2370-2370.16.

NOTE: Mapping tools and other resources can be found on the website of the office, at connect.la.gov.