99-639 C.M.R. ch. 101, § 5 - DESIGNATION OF BROADBAND SERVICE AND ELIGIBLE AREAS

Current through 2022-14, April 6, 2022

A. Broadband Service. At least annually, and subject to a thirty (30) day comment period, the Authority must determine the minimum performance criteria for broadband service, for the purposes of this Chapter. The Authority must base its criteria on the state of the market as well as the performance necessary to meet the current broadband needs of common applications and network services in use in the State.
1. Criteria Governing Performance. To determine minimum performance criteria, the Authority may consider:
a. Minimum sustained bandwidth for both upstream and downstream transmission in Common Applications and Network Service;
b. Maximum monthly throughput on a flat rate service offering; and
c. Any other performance criteria necessary for the use of common broadband applications and network services.
B. Unserved Areas. At least annually, and subject to thirty (30) day comment period, the Authority shall designate all geographic areas that are unserved. In making such a designation, the Authority shall consider data collected pursuant to § 3 of this Chapter as well as other data sources that the Authority deems credible and appropriate to help make this determination.
1. Broadband Unserved Areas. In designating an unserved area, the Authority must find the following criteria:
a. Broadband service is not offered at any household within the geographic area pursuant to the most recent data submitted under § 3 or other credible data sources utilized by the Authority;
b. Broadband service is not offered to any other potential subscriber within the geographic area pursuant to the most recent data submitted under § 3 or other credible data sources utilized by the Authority.
c. The extent to which the broadband service meets the criteria governing Common Applications and Network Service.
C. Underserved Areas. The Authority, subject to a thirty (30) day comment period, shall designate any geographic area as an underserved area and, therefore, eligible for a grant, when the Authority finds that:
1. Credible evidence has been presented that less than 20% of the households within a geographic area have access to broadband service. The use of grant funds is limited to only the unserved portions of the area.
D. Opportunity to Review Proposed Designation of Unserved and Underserved Areas
1. Annually, based on the data provided by communication service providers, the Authority shall post a list of any geographic area identified in an infrastructure grant application as unserved or underserved for the purpose of confirming the availability of broadband service within that geographic area.
2. The Authority shall allow 30 days for the requesting entity to confirm the availability, or lack thereof, of broadband service prior to designating any geographic area an underserved area.

Notes

99-639 C.M.R. ch. 101, § 5

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