§1363.1. Mapping areas for broadband service
A.
(1)The office of broadband development and connectivity shall secure
information from any entity, public or private, providing internet service to at least one
location in the state to assist the office in compiling a statewide parish-by-parish broadband
map identifying the locations and capability of broadband service in the state. At the request
of the office, any such entity shall submit to the office, on or before fifteen days following
the expiration of the date required for submission to the federal government, broadband
deployment information containing the same information and in the same format the
information is submitted to the Federal Communications Commission, in a manner specified
by the office. In no instance shall an entity be
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§1363.1. Mapping areas for broadband service
A.(1) The office of broadband development and connectivity shall secure
information from any entity, public or private, providing internet service to at least one
location in the state to assist the office in compiling a statewide parish-by-parish broadband
map identifying the locations and capability of broadband service in the state. At the request
of the office, any such entity shall submit to the office, on or before fifteen days following
the expiration of the date required for submission to the federal government, broadband
deployment information containing the same information and in the same format the
information is submitted to the Federal Communications Commission, in a manner specified
by the office. In no instance shall an entity be required to provide any data beyond that
which it is required to provide to the Federal Communications Commission.
(2) Any entity, public or private, providing internet service to at least one location
in the state, that does not comply with the requirements of this Section or submits inaccurate
information, may be ineligible to participate in, or receive any funding from, any state-administered grant program designated for broadband infrastructure deployment in the state
in the calendar year of noncompliance and the following calendar year.
(3) Any location in the state purportedly served by any entity, public or private,
providing internet service to at least one location in the state that does not comply with the
requirements of this Section may be considered to have internet access service of less than
twenty-five megabits per second for download and three megabits per second for upload.
(4) Any broadband availability data provided in accordance with this Section shall
strictly be used for the purpose of identifying served, underserved, and unserved areas to aid
in the administration of the "Granting Unserved Municipalities Broadband Opportunities"
program, and for no other purpose whatsoever.
(5) Any entity submitting broadband data to the office of broadband development
and connectivity as required by this Section may review the proposed draft of the state
broadband map and submit any necessary corrective data to the office prior to the publication
or utilization of the state broadband map for any state-administered grant program designated
for broadband infrastructure deployment in the state.
(6) Any entity submitting broadband data to the office of broadband development
and connectivity as required by this Section may challenge any area ultimately deemed
eligible for any state-administered grant program designated for broadband infrastructure
deployment in the state that overlaps with an entity's verified service territory.
B.(1) The office may contract with a private entity or third-party consultant to
develop and maintain the state broadband map. Any contract entered into by the office and
a private entity or third-party consultant for the purpose of developing and maintaining the
state broadband map shall include a confidentiality agreement prohibiting the disclosure of
any broadband data provided in accordance with this Section.
(2) Information compiled pursuant to the provisions of this Section is exempt from
the Public Records Law and is considered confidential, proprietary, and a trade secret of the
entity providing the information. The office, including any private entity or third-party
consultant retained or employed pursuant to this Section, shall keep strictly confidential and
shall not disclose, or cause or permit to be disclosed, to any third person, private entity, or
public body as defined by R.S. 44:1, any broadband availability data provided in accordance
with this Section. The office, including any private entity or third-party consultant retained
or employed pursuant to this Section, shall take all actions reasonably necessary to ensure
that the broadband availability data remains strictly confidential and is not disclosed to or
seen, used, or obtained by any third person, private entity, or public body as defined by R.S.
44:1.
C. The requirements of this Section shall terminate under any one of the following
conditions, whichever occurs first:
(1) Upon a determination by the office of broadband development and connectivity
that it is no longer necessary to compile a statewide parish-by-parish broadband map
identifying the locations and capability of broadband service in the state.
(2) At midnight on December 31, 2026.
D. The office may promulgate rules necessary to carry out the provisions of this
Section in accordance with the provisions of the Administrative Procedure Act.
E.(1) The office may create a grant program and promulgate rules to prevent damage
to existing utilities and ensure proper documentation of utilities associated with the grant
program. After review by the House Committee on Commerce and the Senate Committee
on Commerce, Consumer Protection and International Affairs, the Joint Legislative
Committee on the Budget shall review and approve the rules and regulations before
implementation.
(2) Data collected or provided in accordance with this Subsection on infrastructure
owned, operated, leased, or otherwise used by an internet service provider or
telecommunications provider, or its affiliates or subsidiaries, shall be confidential and
exempt from the Public Records Law, R.S. 44:4.1 et seq., and exempt from disclosure under
any other provision of law.
(3) No GUMBO 2.0 applicant or grantee shall be liable for damages or required to
pay any penalty to any person or governmental entity for an act or omission of a local
government, utility system, or the office related to or arising from the collection of data
pursuant to this Subsection.
(4) Nothing in this Subsection shall be construed to relieve any person or operator
of a public or private underground facility or utility of its obligations under the Louisiana
Underground Utilities and Facilities Damage Prevention Law, R.S. 40:1749.11 et seq.
F. The office shall not hire more than one additional full-time employee to carry out
the provisions of the Section.