§ 9-12-1501 — Broadband development program established; purposes; eligibility; definitions

(a) A broadband funding program is established under the
Wyoming business council to provide funds to eligible applicants
in order to promote the expansion of access to broadband service
in unserved areas of the state.
(b) Funds may be provided under this article for the
acquisition, deployment and installation of infrastructure that
supports broadband service at a minimum of at least twenty-five
(25) megabits per second download and three (3) megabits per
second upload in residential areas and nine hundred (900)
megabits per second download speed and thirty-five (35) megabits
per second upload speed in business corridors.
(c) Except as provided in subsection (d) of this section,
eligible applicants for funding awarded under this article are
public private partnerships which include:
(i) A business entity authorized to be formed under
title 17 of the Wyoming statutes, or the laws of another state
that are the functional equivalent, which is authorized to
transact business in this state and has experience installing
broadband infrastructure and providing broadband services in
rural areas; and
(ii) A government entity specified in the following:
(A) A city, town, improvement and service
district or county or joint powers board;
(B) A tribal government of either the Eastern
Shoshone or Northern Arapaho tribes of the Wind River Indian
Reservation or the cooperative tribal governing body; or
(C) A state agency as defined by W.S. 9-2-
1002(a)(i).
(d) A governmental entity specified in subparagraph
(c)(ii)(A) or (B) of this section shall develop a request for
proposals, as prescribed by the council, on such a form as may
be promulgated by the council, inviting business entities to
participate in a project proposed for funding under this
article. If no eligible business entity responds to the request
for proposal with a proposal meeting the requirements specified,
the governmental entity specified in subparagraph (c)(ii)(A) or
(B) may apply individually, or jointly with any other
governmental entity specified in subparagraph (c)(ii)(A) or (B)
of this section.
(e) As used in this article, until established otherwise
by rule of the Wyoming business council pursuant to subsection
(f) of this section, "unserved area" is an area in which there
exists no fixed terrestrial broadband service, or in which the
maximum fixed terrestrial broadband speed available:
(i) To residential customers is at speeds less than
twenty-five (25) megabits per second download and three (3)
megabits per second upload;
(ii) To a business corridor within a municipality:
(A) With a population of less than two thousand
(2,000), is twenty-five (25) megabits per second download and
three (3) megabits per second upload;
(B) With a population of two thousand (2,000) or
more, is fifty (50) megabits per second download and five (5)
megabits per second upload.
(iii) To a business corridor in an unincorporated
area of a county, is twenty-five (25) megabits per second
download and three (3) megabits per second upload.
(f) The Wyoming business council may, by rule effective on
July 1, 2022, modify the definition of "unserved area" for
purposes of this article. The rule shall only modify the
definition by providing for upload and download speeds exceeding
those specified in subsection (e) of this section as the
business council determines appropriate for technological
conditions prevailing as of July 1, 2022.
(g) The Wyoming business council shall by rule establish a
definition of "business corridor" for purposes of this article.
An area shall not be considered a business corridor unless
multiple businesses are, or have undertaken permitting,
construction or other substantial steps to be, located in
proximity to each other.
(h) As used in this article:
(i) "Last-mile" means a broadband project for fixed
terrestrial infrastructure, including fixed wireless
infrastructure, the primary purpose of which is to provide
broadband internet service to end users or end-user devices;
(ii) "Middle-mile" means a broadband project for
fiber-optic infrastructure the primary purpose of which is to
connect last-mile broadband infrastructure and networks to
network service providers.