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Minnesota Legislature

Office of the Revisor of Statutes

HF 3002

as introduced - 90th Legislature (2017 - 2018) Posted on 02/22/2018 01:23pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to broadband; modifying eligibility for the border-to-border broadband
grant program; amending Minnesota Statutes 2016, sections 116J.39, subdivision
4; 116J.394; 116J.395, subdivisions 1, 5, 6.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 116J.39, subdivision 4, is amended to read:


Subd. 4.

Duties.

(a) The office deleted text beginshall havedeleted text endnew text begin hasnew text end the power and duty to:

(1) serve as the central broadband planning body for the state of Minnesota;

(2) coordinate with state, regional, local, and private entities to develop, to the maximum
extent practicable, a uniform statewide broadband access and usage policy;

(3) develop, recommend, and implement a statewide plan to encourage cost-effective
broadband access, and to make recommendations for increased usage, particularly in rural
and other underserved areas;

(4) coordinate efforts, in consultation and cooperation with the commissioner of
commerce, local units of government, and private entities, to meet the state's broadband
goals in section 237.012;

(5) develop, coordinate, and implement the state's broadband infrastructure development
program under section 116J.391;

(6) provide consultation services to local units of government or other project sponsors
in connection with the planning, acquisition, improvement, construction, or development
of any broadband deployment project;

(7) encourage public-private partnerships to increase deployment and adoption of
broadband services and applications, including recommending funding options and possible
incentives to encourage investment in broadband expansion;

(8) monitor the broadband development efforts of other states and nations in areas such
as business, education, public safety, and health;

(9) consult with the commissioner of commerce to monitor broadband-related activities
at the federal level, including regulatory and policy changes and the potential impact on
broadband deployment and sustainability in the state;

(10) serve as an information clearinghouse for federal programs providing financial
assistance to institutions located in rural areas seeking to obtain access to high-speed
broadband service, and use this information as an outreach tool to make institutions located
in rural areas that are deleted text beginunserved ordeleted text end underserved with respect to broadband service aware of
the existence of federal assistance;

(11) provide logistical and administrative support for the Governor's Broadband Task
Force;

(12) provide an annual report, as required by subdivision 5;

(13) coordinate an ongoing collaborative effort of stakeholders to evaluate and address
security, vulnerability, and redundancy issues in order to ensure the reliability of broadband
networks; and

(14) perform any other activities consistent with the office's purpose.

(b) In carrying out its duties under this subdivision, the Office of Broadband Development
shall have no authority to regulate or compel action on the part of any provider of broadband
service.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2016, section 116J.394, is amended to read:


116J.394 DEFINITIONS.

(a) For the purposes of sections 116J.394 to 116J.398, the following terms have the
meanings given them.

(b) "Broadband" or "broadband service" has the meaning given in section 116J.39,
subdivision 1, paragraph (b).

(c) "Broadband infrastructure" means networks of deployed telecommunications
equipment and technologies necessary to provide high-speed Internet access and other
advanced telecommunications services for end users.

(d) "Commissioner" means the commissioner of employment and economic development.

(e) "Last-mile infrastructure" means broadband infrastructure that serves as the final leg
connecting the broadband service provider's network to the end-use customer's on-premises
telecommunications equipment.

(f) "Middle-mile infrastructure" means broadband infrastructure that links a broadband
service provider's core network infrastructure to last-mile infrastructure.

(g) "Political subdivision" means any county, city, town, school district, special district
or other political subdivision, or public corporation.

(h) "Underserved areas" means areas of Minnesota in which households or businesses
lack access to deleted text beginwire-linedeleted text end broadband service at speeds of at least 100 megabits per second
download and at least 20 megabits per second upload.

deleted text begin (i) "Unserved areas" means areas of Minnesota in which households or businesses lack
access to wire-line broadband service, as defined in section 116J.39.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2016, section 116J.395, subdivision 1, is amended to read:


Subdivision 1.

Establishment.

A grant program is established under the Department of
Employment and Economic Development to award grants to eligible applicants in order to
promote the expansion of access to broadband service in deleted text beginunserved ordeleted text end underserved areas of
the state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2016, section 116J.395, subdivision 5, is amended to read:


Subd. 5.

Application contents.

An applicant for a grant under this section shall provide
the following information on the application:

(1) the location of the project;

(2) the kind and amount of broadband infrastructure to be purchased for the project;

(3) evidence regarding the deleted text beginunserved ordeleted text end underserved nature of the community in which
the project is to be located;

(4) the number of households passed that will have access to broadband service as a
result of the project, or whose broadband service will be upgraded as a result of the project;

(5) significant community institutions that will benefit from the proposed project;

(6) evidence of community support for the project;

(7) the total cost of the project;

(8) sources of funding or in-kind contributions for the project that will supplement any
grant award;

(9) evidence that no later than six weeks before submission of the application the applicant
contacted, in writing, all entities providing broadband service in the proposed project area
to ask for each broadband service provider's plan to upgrade broadband service in the project
area to speeds that meet or exceed the state's broadband speed goals in section 237.012,
subdivision 1
, within the time frame specified in the proposed grant activities;

(10) the broadband service providers' written responses to the inquiry made under clause
(9); and

(11) any additional information requested by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2016, section 116J.395, subdivision 6, is amended to read:


Subd. 6.

Awarding grants.

deleted text begin (a) In evaluating applications and awarding grants, the
commissioner shall give priority to applications that are constructed in areas identified by
the director of the Office of Broadband Development as unserved.
deleted text end

deleted text begin (b)deleted text end new text begin(a) new text endIn evaluating applications and awarding grants, the commissioner may give
priority to applications that:

(1) are constructed in areas identified by the director of the Office of Broadband
Development as underserved;

(2) offer new or substantially upgraded broadband service to important community
institutions including, but not limited to, libraries, educational institutions, public safety
facilities, and healthcare facilities;

(3) facilitate the use of telemedicine and electronic health records;

(4) serve economically distressed areas of the state, as measured by indices of
unemployment, poverty, or population loss that are significantly greater than the statewide
average;

(5) provide technical support and train residents, businesses, and institutions in the
community served by the project to utilize broadband service;

(6) include a component to actively promote the adoption of the newly available
broadband services in the community;

(7) provide evidence of strong support for the project from citizens, government,
businesses, and institutions in the community;

(8) provide access to broadband service to a greater number of deleted text beginunserved ordeleted text end underserved
households and businesses; or

(9) leverage greater amounts of funding for the project from other private and public
sources.

deleted text begin (c)deleted text endnew text begin (b)new text end The commissioner shall endeavor to award grants under this section to qualified
applicants in all regions of the state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end