HB3412 H T&I AM. #1 2-16
Casto 3264
The Committee on Technology and Infrastructure moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
(a) The Broadband Development Fund is hereby created in the State Treasury. The fund shall be administered by the Secretary of the Department of Economic Development and shall consist of all moneys made available for the purposes of this article from any source, including, but not limited to, all gifts, grants, bequests or transfers from any source, any moneys that may be appropriated to the fund by the Legislature, and all interest or other return earned from investment of the fund. Expenditures from the fund shall be for the purposes set forth in subsection (b) of this section and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of §12-3-1 et seq. of this code and upon the fulfillment of the provisions set forth in §11B-2-1 et seq. of this code: Provided, That for the fiscal year ending June 30, 2022, expenditures are authorized from collections rather than pursuant to an explicit appropriation by the Legislature. Any balance, including accrued interest and other returns, remaining in the fund at the end of each fiscal year shall not revert to the General Revenue Fund but shall remain in the fund and be expended as provided by this section.
(b) Monies of the Broadband Development Fund may only be expended for the following purposes:
(1) Expenses for the administration of the Office of Broadband;
(2) Line extension advancement and development projects, including expansion of existing fiber and cable networks;
(3) Major broadband project strategies, including new networks or major expansions of existing networks;
(4) GigReady incentive projects, including a state incentive for ISP and local governments and organizations to pool some of their federal American Rescue Plan Act allocations or other local funding; and
And
(5) Wireless Internet Networks, including expansions or upgrades of existing fixed wireless networks.
(c) Except funds expended for the administration of the Office of Broadband, monies of the Broadband Development Fund may only be expended for projects authorized by subsection (b) of this section that have been certified to the Joint Committee on Government and Finance by the Director of the Office of Broadband or the Secretary of the Department of Economic Development prior to making the expenditures.
(d) The Legislature of the State of West Virginia finds and declares that competition in any market, more especially in the delivery of broadband internet services is eminently desirable. The Legislature further finds that a competitive market, rather than a rate-regulated monopoly or duopoly will promote and perpetuate improvement in customer service, technical service, terms, conditions, and pricing. Accordingly, all agencies of state government are hereby directed to first support expansion and enhancement of broadband internet services to unserved homes and businesses and second to support expansion and enhancement of competition.
The Legislature of the State of West Virginia finds and declares that:
(1) The certification of Eligible Telecommunications Carriers is a responsibility primarily delegated to the states.
(2) The proper utilization and oversight of disbursement of funds from the Universal Service Fund established by the federal government and managed by the Federal Communications Commission is in the public interest, convenience, and necessity.
(3) Failure to perform material obligations imposed upon an Eligible Telecommunications Carrier in connection with disbursement of funding from the Universal Service Fund is detrimental to the public interest, convenience, and necessity.
(4) Proper oversight and certification of compliance are necessary and proper for the continuing issuance of Eligible Telecommunications Status and are in the public interest.
"Eligible Telecommunications Carrier" means the status for a telecommunications carrier to be eligible for Universal Service Fund support pursuant to 47 CFR § 54.201.
Notwithstanding any other provision of this code to the contrary, eligible Telecommunications Carriers Status shall be issued by the Public Service Commission. Issuance thereof shall not be unreasonably withheld, considering the recommendation of the Attorney General, and only if the applicant for Eligible Telecommunications Carrier status is in compliance with the following:
(a) The Attorney General shall check the Universal Service Administrative Company HUB for any commitments, and/or obligations of Eligible Telecommunications Carriers in the state of West Virginia.
(b) The Attorney General shall require certification of completion thereof and ongoing compliance therewith, under penalty of perjury prior to making a favorable recommendation to the Public Service Commission of the application to be an Eligible Telecommunications Carrier. The Attorney General shall transmit all such recommendations which shall not be unreasonably withheld to the Public Service Commission within 15 days of an application, after which time a favorable recommendation will be deemed to be received.
(a) If the Attorney General finds evidence that an Eligible Telecommunications Carrier has materially misrepresented compliance in their certification referenced in §31G-7-3 of this code, notification of such material misrepresentation shall be transmitted to the West Virginia Public Service Commission. The Public Service Commission shall conduct a hearing on the merits thereof and if after a hearing the Eligible Telecommunications Carrier is found to be materially non-compliant, the Public Service Commission shall assess a fine equal to the amount of any subsidization received for which the commitment, assertion or obligation was established. Any such fine shall be limited to such proportional amount as that which was awarded to the Eligible Telecommunications Carrier for a particular area or act to be performed and shall not be construed to include all amounts awarded statewide. The Public Service Commission or Attorney General shall seek enforcement of any fine and any court of competent jurisdiction in this state shall order payment and compliance with the order of the Public Service Commission associated herewith. Funds from any fine shall be deposited into the Broadband Development Fund, less any reasonable expenses and costs of the Public Service Commission in connection therewith.
(b) When such determination has been made, the Attorney General, and any other Department, office, bureau, or agency and any political subdivision of this state, shall cause any Eligible Telecommunications Carrier and its subsidiaries found to be materially non-compliant under subsection (a) of this section or failing to make the certification required thereunder, to no longer be certified as an Eligible Telecommunications Carrier and to be ineligible for any state grants, awards, procurement, or licensing other than a business license issued by the Secretary of State or any business license by a political subdivision of this state, until such material misrepresentation is cured.”
Adopted
Rejected