§ 4-4-38.5-10.5 — Broadband connectivity subsidies; subsidy agreements; priority for subsidies; permitted use of subsidy payments; eligibility for subsidies

Indiana § 4-4-38.5-10.5

• Jurisdiction: Indiana
• Art. 4: LIEUTENANT GOVERNOR
• Ch. 38.5: Broadband Grants for Rural Areas

Text

5. (a) The office shall establish a program
to expand the availability of broadband Internet connectivity
throughout Indiana by:
(1) entering into agreements with broadband service providers
under which broadband service providers agree to accept subsidy
payments distributed by the office as a form of payment for the
provision of eligible broadband service; and
(2) distributing subsidy payments to broadband service providers
with whom the office enters into agreements under subdivision
(1), to be used as a form of payment for eligible broadband
service provided before July 1, 2025, to the following, as
prioritized in this subdivision:
(A) First, to public school corporations to pay for eligible
broadband service (as defined in section 3(1) of this chapter) to
any building:
(i) that is used primarily for educating students; and
(ii) with respect to which a connection to eligible broadband
service (as defined in section 3(1) of this chapter) first
becomes available at the building after December 31, 2020.
(B) Second, to rural health clinics to pay for eligible broadband
service (as defined in section 3(1) of this chapter) for which a
connection to the eligible broadband service (as defined in
section 3(1) of this chapter) first becomes available at a
building described in section 7.1 of this chapter after December
31, 2020.
(C) Third, to eligible students to pay for eligible broadband
service (as defined in section 3(2) of this chapter) for which a
connection to the eligible broadband service (as defined in
section 3(2) of this chapter) first becomes available at the
primary residences of those students after December 31, 2020.
(b) A subsidy payment distributed by the office under the program
established under this section may be used to pay one (1) or more of the
following expenses:
(1) Fees charged by a broadband service provider for installation,
activation, equipment purchases, or other one (1) time expenses
of providing eligible broadband service to a recipient described
in subsection (a)(2).
(2) Monthly subscription fees charged by a broadband service
provider for the provision of eligible broadband service to a
recipient described in subsection (a)(2), including modem and
router charges.
(c) The office shall adopt and publish on the office's Internet web
site guidelines to implement the program, including guidelines
governing the following:
(1) Standards for determining eligibility to receive one (1) or
more subsidy payments under the program.
(2) Standards for determining the number and dollar amounts of
subsidy payments to be distributed under the program, including
standards for determining whether an applicant for assistance is
eligible for a single payment or for a recurring payment of
financial assistance.
(3) Standards for broadband service providers to participate in the
program.
(4) Standards for determining:
(A) the total amount of financial assistance to be distributed in
subsidy payments under the program for each state fiscal year
the program is operational; and
(B) sources of funding for that financial assistance.
(5) Any other standards the office determines are necessary to
implement and administer the program.
(d) The office may not distribute a payment subsidy under the
program for the benefit of any person or entity described in subsection
(a)(2) unless the person or entity has first exhausted any available
federal subsidies for broadband service for which the person or entity
is eligible, as determined by the office.
(e) The program established under this section may not provide
subsidy payments or other financial assistance for expenses described
in subsection (b) that are incurred after June 30, 2025.
(f) This section expires July 1, 2025.

Legislative History

As added by P.L.89-2021, SEC.8.