§ 9-12-1510 — Middle-mile broadband projects

(a) The council may fund middle-mile broadband projects
upon receiving an application as provided under this article.
The provisions of this article shall apply to middle-mile
broadband projects except as otherwise provided by this section.
The council shall not fund middle-mile broadband projects under
this article unless:
(i) There is no middle-mile infrastructure or
functional equivalent in the proposed geographic broadband
service area to be served by the proposed middle-mile broadband
project;
(ii) The middle-mile broadband project does not
result in any overbuild of middle-mile broadband infrastructure
or the functional equivalent;
(iii) The project enables broadband internet
providers to provide or improve last-mile broadband internet
service for end users or end user devices in unserved areas;
(iv) The broadband provider receiving funding under
this article agrees to ensure that access to any infrastructure
created or improved by the project is provided to other
broadband providers at reasonable rates;
(v) The broadband provider agrees to:
(A) Allow the council to participate in
arbitration of determining reasonable rates in the event of
unsuccessful negotiations between the funding recipient and
another broadband provider for access to the infrastructure; and
(B) Provide to the council upon the council's
request any marketing information based on current leases to
assist the council in determining reasonable rates for access to
the infrastructure for the project funded under this article.
Any information provided under this subparagraph shall be
confidential and shall not be disclosed by the council.
(b) The council shall promulgate rules for the funding of
middle-mile broadband projects as provided by this section.