Business Council

Broadband Development Grant Program

Effective Date: 11/16/2021 to 11/02/2022

Rule Type: Superceded Rules & Regulations

Reference Number: 085.0015.4.11162021

Chapter 4

Connect Wyoming Program

Section 1. Authority. These rules are promulgated by the Wyoming Business Council (“WBC”) pursuant to 2021 Session Laws, Chapter 92.

Section 2. Purpose. These rules are promulgated for the purpose of providing a regulatory framework for broadband development projects funded by the Connect Wyoming program.

Section 3. Definitions.

(a) In addition to the definitions set forth in Chapter 1, as used in this program:

(i) “Broadband Infrastructure” means terrestrial signal transmission facilities and associated network equipment and accessories deployed for the provision of broadband service to residential, business, and government customers. This definition explicitly excludes satellite-based infrastructure

(ii) “Connect Wyoming” means the program established by 2021 Session Laws, Chapter 92.

(iii) “Unserved or Underserved area” means an area where any delivery points contained therein do not have access to wireline broadband service offered with a download speed of at least twenty-five (25) Megabits per second (Mbps) and an upload speed of three (3) Megabits per second (Mbps) or more.

Section 4. Eligible Applicants

(a) As used in this program, an eligible applicant:

(i) Means as defined in W.S. 9-12-1501(c)(i); and

(ii) Must submit coverage maps of their entire service area in Wyoming to the Broadband Map prior to the date of their application. This submission must be evidenced on each project application submitted pursuant to this section and performed according to the Broadband Map Guidance; and

(iii) Must offer mass market retail services by wireline or terrestrial fixed wireless technology which provides the capability to transmit and receive data from all or substantially all internet end points.

Section 5. Eligible Projects. The project must:

(a) Be Broadband Infrastructure investment which provides broadband access to Unserved or Underserved area(s), and which shall be installed, owned, and operated by an Eligible Applicant.

(b) Meet federal funding criteria, which is designed to address key areas of public health and safety by improving opportunities to telework, facilitate distance learning, and improve public safety.

(c) Be a project which serves an Unserved or Underserved area(s) and which does not overbuild existing adequate broadband service.

(i) The Council shall not consider Applications for projects in areas with reliable speeds of at least one hundred (100) Megabits per second (Mbps) download and twenty (20) Megabits per second (Mbps) upload, nor shall it consider projects for areas in which written agreements to develop services at or above this level prior to December 31, 2024 exist.

(d) Include Broadband Infrastructure and equipment costs meeting federal funding criteria which include:

(i) Middle-mile fiber-optic infrastructure the primary purpose of which is to connect last-mile infrastructure and networks to network service providers;

(ii) Last-mile fixed terrestrial infrastructure the primary purpose of which is to provide broadband internet service to end users or end-user devices, including households, businesses, public safety entities and community facilities.

Section 6. Eligible Costs. Eligible Costs include but are not limited to;

(a) Construction and Materials.

(b) New and rehabilitative construction contracts.

(c) Architect and engineering services and legal and professional services, if required to complete the project.

(d) Permitting fees.

(e) Acquisition of Broadband Infrastructure equipment.

(f) Equipment installation.

Section 7. Ineligible Costs. The following are Ineligible Costs and funds may not be used for;

(a) General broadband planning not associated with the project.

(b) Ongoing overhead, operating costs, or staff costs to include bonuses of any kind. (c) Political activities or lobbying. (d) Matching other Federal Awards.

Section 8. Application Process.

(a) The Council shall provide an application form and website which shall include instructions and the scoring matrix against which applications shall be evaluated.

(i) Applicants shall complete and submit the application, which shall include the following minimum information:

(A) Information which establishes the applicant's eligibility as set forth in Section 4(a) of this Chapter.

(B) Information which establishes the eligibility of the proposed project as set forth in Section 5 of this Chapter.

(C) A breakdown of eligible costs associated with the eligible project.

(D) A timeline for completion of the eligible project.

(E) A breakdown showing the amount of federal loans, grants, or aid provided for COVID-19 related purposes, including from the CARES Act, or other similarly purposed federal act, including funds from the Wyoming Community Development Authority funded by the CARES Act for which the applicant:

(I) Believes they are eligible;

(II) Has applied; or

(III) Has received.

(ii) Each applicant shall file its application(s) electronically using the form(s) and website prescribed by the Council. Applications submitted via other means may be disqualified.

Section 9. Funding Terms and Conditions.

(a) Applicants shall not be required to have or provide matching funds, nor letters of support.

(b) The Council shall provide a uniform Contract for funding awards made under this program. All funds awarded under this program shall be contingent on the applicant's acceptance and execution of the Contract and strict compliance with all terms and conditions contained therein.

Section 10. Review, Prioritization, Recommendation.

(a) Each proposed service/project area must have its own application, and Applicants shall submit no more than one (1) application per proposed service/project area.

(b) Applicants may submit applications for multiple proposed service/project areas.

(c) Applications shall be received only during application periods to be specified by the Council.

(d) Applications which do not include all minimum required information shall be afforded ten (10) working days from notification to correct the deficiency. Applications which remain deficient after this period shall be disqualified.

(e) Complete applications shall be evaluated by a committee to include Council and Governor’s Office staff, and according to the scoring matrix outlined in the application.

(f) Projects which develop communities of two thousand (2,000) persons population or less and/or unincorporated areas shall receive first priority.

(g) In situations where the Council receives multiple applications for any single project area, applications proposing fiber-optic infrastructure shall be afforded priority over applications proposing fixed wireless infrastructure.

(i) Applications proposing similar technology will be scored according to cost and demonstrated ability to complete the project.

(ii) In situations where the Council receives multiple applications for any single project area proposing comparable infrastructure, priority shall be afforded to the applicant proposing the fastest broadband speeds.

(h) All completed projects must reliably deliver minimum speeds of one hundred (100) megabits per second (Mbps) download and one hundred (100) Mbps upload.

(i) In cases where it is not practicable due to geography, topography, or financial cost to meet those standards, projects must reliably deliver at least one hundred (100) Mbps download speed and at least twenty (20) Mbps upload speed, and be scalable to a minimum of one hundred (100) Mbps download speed and one hundred (100) Mbps upload speed.

(i) The review committee shall rank eligible project applications and shall forward these to the Board with a recommendation of “fund” or “do not fund.”

Section 11. Award and Challenges

1. (a) At least thirty (30) days prior to making any award under this program, the Council shall publicly post the proposed project areas via the Broadband Map.
2. (b) Each posting for a proposed project area shown on the Broadband Map shall provide a mechanism by which a Challenge may be filed and processed as set forth in Chapter 1.
3. (c) Challenges brought by any broadband provider on the basis of overbuild shall only be considered where the Challenging provider has submitted .shp or .kml files of their entire service area in Wyoming to the Broadband Map.
4. (d) The Board shall consider the recommendations of the evaluation committee and make awards at a public meeting held pursuant to the Wyoming Public Meetings Act.

Section 12. Certification. By applying under this program, each applicant certifies that:

1. (a) The statements contained in the application are true, complete, and accurate to the best of their knowledge.
2. (b) The funds shall be used to fund projects that create and retain local jobs and result in purposeful outcomes, including distance learning, telehealth public safety, commerce, and overall well-being.
3. (c) The applicant understands and acknowledges that failure to comply with these rules and/or the terms of any Contract(s) awarded under this program may result in the Council requiring a total or partial refund of the awarded funds and may affect applicant's eligibility for future funding under this or other Council programs.
4. (d) The applicant understands that the award of any contract(s) under this program is contingent upon the appropriation of funding by the Legislature of the State of Wyoming, and assumes risk of any loss in submitting application(s) under this program.
5. (e) Any other certification required by the Council.