W. Va. Code R. § 208-1-4

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 208-1-4 - West Virginia Broadband Deployment Council Grant Program

4.1. Categorization of Type 1, Type 2 and Type 3 unserved areas.

4.1.a. Using information from the West Virginia Broadband Mapping Program database, the Council shall identify unserved areas, pursuant to W. Va. Code § 31-15C-6, according to the following categories:

4.1.a.1. Type 1 unserved area: an area in which broadband may be deployed by service providers in an economically feasible manner;

4.1.a.2. Type 2 unserved area: an unserved area in which broadband may be deployed by broadband service providers and other entities in an economically feasible manner, provided some form of public moneys is made available; and

4.1.a.3. Type 3 unserved area: an unserved area in which, at present, cable or wireline broadband cannot be deployed in an economically feasible manner and an intermodal approach employing other technologies, such as satellite and wireless, is required to provide that area with high-speed internet access.

4.1.b. The Council shall annually review its categorization of Type 1, Type 2 and Type 3 unserved areas prior to the opening of that year's grant cycle.

4.1.c. In order to be eligible for a broadband deployment grant, entities required to file FCC Form 477 with the Federal Communication Commission shall provide Form 477 data to the West Virginia Broadband Mapping Program within the Office of GIS Coordination at least twice annually to coincide with the Federal Communication Commission's filing schedule for Form 477 data collections.

4.2. Eligible Applicants. The following entities may apply for broadband deployment project grant funding:

4.2.a. Local governments;

4.2.b. Broadband service providers;

4.2.c. Commercial mobile radio service providers;

4.2.d. Telecommunications service providers;

4.2.e. Non-profit organizations;

4.2.f. Community organizations; and

4.2.g. Public-private partnerships.

4.3. Individuals may not apply for grant funding.

4.4. Applicant Qualifications.

4.4.a. An applicant for a broadband infrastructure project or the applicant's project partners must have demonstrated experience in building, operating and maintaining a similar system.

4.4.b. An applicant for a demand promotion project must have demonstrated qualifications to conduct the type of project the applicant proposes.

4.5. Application.

4.5.a. An applicant shall apply for broadband deployment funds by completing the forms supplied by the Council and providing all required information, certifications and supporting documentation.

4.5.b. An applicant must submit a complete application. To complete an application, the applicant shall:

4.5.b.1. Specify the proposed location of the project, the types of unserved areas the project proposes to address, the estimated total cost of the project, the amount of assistance requested of the Council, and the specific uses to which the grant funds would be applied;

4.5.b.2. Describe the cost-effectiveness of the project;

4.5.b.3. Describe the economic development benefits of the project;

4.5.b.4. Provide information concerning the availability of all sources of funding that could help finance the project, including, but not limited to, private grants or federal funding and the efforts undertaken to obtain that funding, and the amounts of these funds to be applied to the project;

4.5.b.5. Describe the applicant's, or any project partner's, experience with providing the same or similar services and carrying out projects of a similar nature. If the project requires the construction of broadband network infrastructure, the applicant shall demonstrate its experience operating and maintaining networks;

4.5.b.6. Describe the degree to which the project advances statewide broadband access and other state broadband planning goals;

4.5.b.7. For a broadband infrastructure project, describe the proposed technologies, bandwidths, upstream data rates and downstream data rates provided by its project;

4.5.b.8. Indicate the date the project is scheduled to commence and the date the project is scheduled to be completed. Projects described in the application shall be entirely complete by the end of the grant period;

4.5.b.9. To the extent that the applicant may be aware of alternative proposals or projects for providing similar services to the same area, explain how the proposed project compares with those alternatives in terms of the number of people served, the amount of financial assistance sought, and the long-term viability of the project;

4.5.b.10. For a broadband infrastructure project, describe the environmental impact of the project;

4.5.b.11. Demonstrate the long-term financial sustainability of the project;

4.5.b.12. Provide a detailed explanation of why the requested grant funds are necessary to the completion of the project and why a grant from the Council is the most economically feasible and viable alternative to completing the project;

4.5.b.13. For a broadband infrastructure project, provide proof of compliance with all local, state and federal permitting, licensing and certification requirements necessary for the proposed project;

4.5.b.14. Disclose in the application whether the applicant or any project partner has filed for bankruptcy in the preceding eight years. This information shall not constitute a basis for disqualification of the application or less favorable consideration, but may, like any other information in the application, serve as a basis for the Council to request additional information regarding the current operation of the applicant or any project partner and the nature of other sources of project funding;

4.5.b.15. Disclose whether the applicant or any project partner has ever been subject to a claim, demand, civil action, or administrative action of any kind, for failure to complete, or substantially perform under, a contract or agreement to provide services of the same or similar nature to the services described in the application;

4.5.b.16. Disclose whether the applicant or any project partner has ever failed to meet the conditions of a bond for the performance of services of the same or similar nature to the services described in the application; and

4.5.b.17. Provide a certification from a professional engineer, licensed to practice in the State of West Virginia, verifying that the project will perform as outlined in the application and that the portion of the project for which grant funds are required can be completed within the grant period.

4.5.c. False or deceptive statements or omissions of any material information in the application may be grounds for denial of the application, the cancellation of any grant to the applicant organization currently or previously approved by the Council, and the disqualification of the applicant and project partners, and their representatives, from future grant awards.

4.5.d. The Council may request any necessary additional information to evaluate any application, including, but not limited to, financial and budgetary information related to the application or to the applicant or to any project partners.

4.5.e. The Council may disqualify the application of any applicant who fails to provide any additional information requested by the Council within the time the Council requests.

4.6. If an applicant desires to use grant funding for a broadband deployment project in an area or community, not categorized as an unserved area, where the applicant alleges that the actual data rates of service in the community do not meet the rates for broadband data service as defined in W.Va. Code § 31-15C-2, the applicant may submit an application for the Council's consideration and evaluation, Provided that, the application also includes objective, clear and convincing evidence that the area is not receiving effective services with the required data rates. If the Council receives any application, under the provisions of this subsection, alleging that broadband service to a community does not meet the transmission speed specifications of W. Va. Code § 31-15C-2(a)(1), the Council shall then deliver a copy of the applicant's allegations, together with copies of the evidence attached to the application, to that community's broadband service provider, who has sixty days to respond to the allegations and evidence submitted by the applicant.

W. Va. Code R. § 208-1-4