§ 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:
(A) a federal grant; or
(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.

Legislative History

As added by P.L.177-2018, SEC.5.