AN ACT IMPROVING BROADBAND ACCESS.

This bill requires the Department of Public Utility Control (DPUC), in consultation with the Office of Consumer Counsel (OCC) and the Broadband Internet Coordinating Council, to develop a statewide technology program. It requires the program to have infrastructure, education, and support components and to provide grants to private providers and private-public partnerships.

The bill also requires DPUC, in consultation with telecommunications and Internet service providers, to create and regularly update a detailed, geographic information system map of the broadband services and other relevant telecommunications and information technology services owned or leased by public entities in the state. The map must be at the census block level and include:

1. details on how proprietary and competitively sensitive data will be handled, stored, and used;

2. a baseline assessment of statewide broadband deployment in terms of percentage of households with broadband;

3. the amount of excess capacity available;

4. whether the broadband infrastructure is active or inactive; and

5. the geographic gaps in broadband service, including the demographics of the population in each of the geographic gaps.

In developing the initiative and the map, DPUC may only collect data maintained in the normal course of business. It must treat as confidential or proprietary any information the providing entity designates as such and execute an appropriate nondisclosure agreement. The data submitted by providing entities are not subject to disclosure under the Freedom of Information Act.

The bill requires DPUC to report to the Energy and Technology Committee by January 1 each year, from 2010 to 2015, on the development of the initiative and the map.

The bill specifies that it does not give DPUC any additional regulatory or other authority over telecommunications and information technology providers.

The bill requires that the initiative include provisions for (1) expanding and deploying broadband infrastructure in the parts of the state DPUC determines to be unserved in terms of access to broadband (priority areas) and (2) increasing broadband subscriptions. Under the bill, “broadband” means high-speed Internet service whose minimum speed is the speed set by the Federal Communications Commission.

The “plan” (apparently the initiative program) must include a detailed financial incentive component to award incentives first to private providers and then to public-private partnerships that deploy additional broadband infrastructure to these areas. Incentives cannot be provided to support any deployment where wireline or wireless broadband is already available, but may be provided where broadband access by satellite technology is already available.

The bill requires that DPUC, in partnership with the private sector and in consultation with OCC and the council, establish a digital technology access and education program to provide information, computers, and other technology to access broadband and communications technologies in local communities in priority areas. The program may include, among other things, education and skill-building opportunities, hardware and software, Internet connectivity, and development of locally relevant content and delivery of vital services through technology.

The bill requires that the initiative provide organizational and capacity building support to groups throughout the state. These include, among others, municipalities, community colleges, school districts, libraries, and senior centers. The program must identify and facilitate the availability of other public and private funding sources to enhance the purposes of the initiative.

The bill requires that DPUC, in consultation with OCC and the council, establish a program to provide competitive grants to groups throughout the state, including, municipalities, community colleges, school districts, libraries, and senior centers. The grantees must use the money to (1) provide training and skill-building opportunities, (2) provide access to hardware and software; provide Internet connectivity, (3) adopt information and communication technologies in priority areas, (4) and develop locally relevant content and delivery of vital services through technology.

DPUC must develop criteria for awarding the grants, which may include, among other things, eligibility requirements and funding sources.

Yea

Nay

(03/19/2009)