15-249.07. Broadband expansion fund; requirements; disbursements to certified applicants; reports

A. The broadband expansion fund is established consisting of legislative appropriations. The department of education shall administer the fund. Monies in the fund are continuously appropriated and shall be used to provide state matching monies for certified broadband connectivity construction projects for qualified applicants. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

B. Qualified applicants for distributions from the broadband expansion fund include schools, school districts, libraries and groups of schools or school districts with broadband connectivity construction projects that are certified by the department and that are eligible for the federal universal service program for schools and libraries known as the e-rate program.

C. Notwithstanding subsection A of this section, the first eight million dollars of cumulative state matching contributions for certified broadband connectivity construction projects shall be provided by the corporation commission from the funding mechanism established by the corporation commission in accordance with the federal universal service program.

D. The department may disburse monies from the broadband expansion fund to the applicant of a certified broadband connectivity construction project on notification from the universal service administrative company that a project is approved for federal e-rate program monies.

E. An applicant may not receive a total amount from the federal universal service fund, the funding mechanism established by the corporation commission in accordance with the federal universal service program and the broadband expansion fund in excess of the certified broadband connectivity construction project's cost.

F. When certifying projects as eligible for funding from the broadband expansion fund, the department shall give priority to applicants with an e-rate program discount rate of at least eighty percent, as defined by the universal service administrative company.

G. Certified broadband connectivity construction projects funded with monies from the broadband expansion fund:

1. Shall provide bandwidth sufficient to meet the standards for educational services for the relevant funding year by the federal communications commission and may not exceed those standards without good cause.

2. May be fiber based or, if determined to be justified by cost, nonfiber based.

H. On or before June 30 and December 31 of each year, the department shall report to the joint legislative budget committee the following information for each broadband connectivity construction project that the department has certified to receive a state matching contribution:

1. The applicant's name.

2. Whether the project is in process or complete.

3. The federal e-rate discount calculation.

4. The total project cost and the share of funding provided by local, state and federal monies.

5. The number of students served.

I. The information reported on or before June 30 each year pursuant to subsection H of this section shall be submitted to the joint legislative budget committee for review.