Wyo. Code R. 085-0015-1
Effective Date: 09/22/2021 to Current
Rule Type: Current Rules & Regulations
Reference Number: 085.0015.1.09222021
Section 1. Purpose. These rules are adopted in order to implement Wyoming Statute 9-12-1501 et seq which provide for the making of grants to eligible applicants in order to promote the expansion of access to broadband service in unserved areas of the state.
Section 2. Authority. Authority for the promulgation of these rules is granted in W.S. 9-12-1501, W.S. 9-12-1508, W.S. 9-12-1503 and W.S. 9-12-1510.
(a) 'Eligible applicants' are public and private partnerships composed of those entities identified as eligible applicants per W.S. 9-12-1501(c) and governmental entities as specified under W.S. 9-12-1501(d).
(b) 'Unserved area' means as defined by W.S. 9-12-1501(e).
(c) 'Adequate consideration' means consideration that is fair and reasonable under the circumstances of the agreement because the reasonable value of the goods or services received in exchange for transferred property approximates the reasonable value of the property transferred.
(d) 'Business corridor' means an area where multiple business are, or have undertaken permitting, construction or other substantial steps to be, located in proximity to each other such that the provision of broadband services at the speeds specified in W.S. 9-12-1501(b) is technologically and economically feasible.
(e) 'Middle-mile' means as defined in W.S. 9-12-1501(h)(ii).
(f) 'Last-mile' means as defined in W.S. 9-12-1501(h)(i).
(g) 'Advisory Council' means the Wyoming Broadband Advisory Council.
(h) 'Board' means as defined in W.S. 9-12-102(a)(i).
(i) 'Council' means as defined in W.S. 9-12-102(a)(ii).
(j) 'Staff' means the staff of the Wyoming Business Council.
(k) 'Program' means the Wyoming Broadband Development Program.
(l) 'State' means the State of Wyoming.
(m) 'Speed test results' means the quantitative analysis of a broadband connection's upload and download speeds as measured in Megabits per second (Mbps), as well as the connection's latency as measured in milliseconds (ms).
(n) 'Broadband Map' means the official broadband map developed and maintained by the Council for evaluation of broadband deployment in Wyoming.
(o) 'FCC' means the Federal Communications Commission.
(p) 'Challenge' means any challenge to an application submitted under this program made pursuant to W.S. 9-12-1504.
(a) All challenges to any application submitted under this program shall be submitted in writing to the Broadband Manager or their designee by email or physical delivery and include all requisite information to receive consideration.
(b) The Broadband Manager or their designee shall acknowledge receipt of the challenge with the challenging party in writing with seven (7) business days.
(c) Challenges will be evaluated by the Council, who may seek additional information from the challenging party.
(i) Challenges may be dismissed by the Council in the event the challenging party fails to provide any requested information in a timely manner.
(d) Challenged applicants shall be contacted by the Council for additional information and be given an opportunity to respond.
(e) A determination on the challenge shall be communicated to the challenging party as well as the challenged applicant in writing as soon as practical, but not more than thirty (30) days from the date the challenge was acknowledged.
(f) Challenges shall either be upheld or dismissed.
(g) Challenges which are dismissed by the Council may, at the request of the challenging party, be heard in public session at the next public meeting of the Board of Directors.
(i) The challenging party shall be notified in writing of the date, time and place of the meeting at which the challenge will be heard. There shall be no distinction made between parties attending the meeting virtually or in-person.
(ii) In the event the challenging party does not present to offer testimony in support of their challenge, the Board may, at its sole and final discretion, summarily dismiss the challenge.
(iii) The Board shall have final discretion to uphold or reverse any challenge determination made by the Council, and all actions taken shall be recorded in the meeting minutes.