Mont. Code § 90-1-606

Current through the 2023 Regular Session
Section 90-1-606 - [Terminates on Occurrence of Contingency] Proposals
(1) The department shall establish a location prioritized timeframe commencing an open process for submission of proposals for funding under the proposal program established in this part. The window for submission must be at least 60 days and not more than 90 days for any shapefile area designation.
(2)
(a) An eligible provider shall submit a proposal to the department on a form prescribed by the department. A responsive proposal must include the following information:
(i) evidence demonstrating the provider's technical, financial, and managerial resources and experience to provide broadband service or other communications services to customers in the state and the ability to build, operate, and manage broadband service networks serving business and residential customers in the state;
(ii) a description of the project area, including shapefiles, that the eligible provider proposes to provide broadband service;
(iii) a description of the broadband service infrastructure that is proposed to be deployed, including facilities, equipment, and network capabilities that include minimum speed thresholds;
(iv) evidence, including a certification from the proposal signatory, demonstrating the unserved or underserved nature of the project area to the best of the provider's knowledge;
(v) the number of households, businesses, and public institutions or entities that would have new access to broadband service as a result of the proposal;
(vi) the total cost of the proposed project and the timeframe in which it will be completed;
(vii) the amount of matching funds, including funds from local or tribal governments, or federal funds as allowed by the Infrastructure Investment and Jobs Act, Public Law 117-58, and the national telecommunications and information administration; and
(viii) a preliminary list of all government authorizations, permits, and other approvals required in connection with the proposed deployment, and an estimated timetable for the acquisition of the approvals and the completion of the proposed project.
(b) The department may request additional information as necessary to review the proposed application. Applications that fail to provide the requirements in this section must be submitted to the commission for review. The commission may review the applications and cancel those that do not meet the requirements of this section.
(3) The department shall treat any information that is not publicly available as confidential and subject to the trade secrets protections of state law upon an eligible provider's request for confidential treatment, except that shapefile information depicting broadband coverage in the proposal must be publicly disclosed in sufficient detail to enable a challenging provider to identify the project area proposed to be covered by the provider. (Terminates on occurrence of contingency-- sec. 9, Ch. 696, L. 2023.)

§ 90-1-606, MCA

Amended by Laws 2023, Ch. 696,Sec. 5, eff. 5/19/2023.
Added by Laws 2021, Ch. 449,Sec. 6, eff. 5/10/2021.

Contingent termination. As amended by Laws 2023, Ch. 696,Sec. 9, section 13 of Laws 2021, Ch. 449 provides: "[Sections 1 through 9] terminate when the budget director certifies to the code commissioner that all funds received from the American Rescue Plan Act of 2021, Public Law 117-2, the Infrastructure Investment and Jobs Act of 2021, Public Law 117-58, or subsequent funding pursuant to [section 3(2)] allocated to the department of administration for communications until funds have been expended."