Signed by Governor Jared Polis

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that requires the Broadband Development Board to develop a request for proposal process for deploying broadband into critically unserved areas in the state.

Highlights:

• Defines "critically unserved", as a household or area that lacks access to at least one non-satellite provider of broadband service delivered at measurable speeds of either at least 10 megabits per second downstream and one megabit per second upstream or at measurable speeds at least equal to one-half of the minimum measurable speeds that qualify as broadband under the FCC definition and rounded up to the nearest whole number, whichever is faster (Sec. 2.f).

• Establishes within the state treasury the Broadband Administrative Fund, which consists of all money allocated from the HCSM for the administration of the board and all money that the general assembly may appropriate to the fund (Sec. 2-4).

• Requires the Broadband Development Board to provide notice to and requests for proposals from incumbent providers, incumbent broadband providers, and local entities about the board's purpose to deploy broadband service in unserved areas. The board will ensure that both the manner and amount of notice provided under this law are adequate and equitable for all potentially eligible applicants (Sec. 2-8).

• Requires the board to develop a request for proposal process under which, for each calendar year, the board reserves up to 60% of the HCSM money allocated for broadband deployment to award grants to proposed projects that serve critically unserved areas identified by the office, including any critically unserved areas within the boundaries of an Indian reservation located within the state (Sec. 2.V.A).

• Authorizes the board to allow a proposed project awarded grant money to secure a lesser amount of independent funding if the proposed project meets the criteria outlined in this law and the amount of independent funding secured is the highest amount of independent funding proposed among multiple proposals to serve the area to be served by the proposed project (Sec. 2.II.B).

• Requires the board to review any order or decree of this law to determine whether the internet service provider that is the subject of the order or decree has engaged in any prohibited conduct. The board will deny the application of any applicant subject to such a federal order or decree and will inform the commission about any internet service provider awarded broadband deployment grant money that is subject to such an order or decree (Sec. 2.m.b).

• Requires the board to report annually to the transportation and local government committee and the business affairs and labor committee in the house of representatives and the transportation and energy committee and business, labor, and technology committee in the senate, or their successor committees, on the projects supported by money from the HCSM account dedicated to broadband deployment in a given year, including information on (Sec. 2-12.a):

• The number of projects;

• The location of each project;

• The amount of funding received for each project; and

• A description of each project.

• Requires the attorney general or the attorney general's designee, in collaboration with the broadband deployment board to develop written guidance for consumers seeking to file a complaint with the federal trade commission to allege that an internet service provider, has engaged in any practice that violates federal law regarding interference with the open internet (Sec. 5).

• Specifies if the commission learns from the broadband deployment board that a federal agency has issued a final order or entered into a settlement or consent decree regarding, or a court of competent jurisdiction has issued a final judgment against, an internet service provider and that the board has determined from the order, decree, or judgment that the internet service provider has engaged in conduct specified in this law, the commission will issue a written order to the internet service provider requiring the internet service provider to fully refund any money that the internet service provider received in the 24 months preceding the board's determination from the high-cost support mechanism according to a grant awarded by the broadband deployment board under this law (Sec. 7-2.a).

Full Bill Text