(a)  A broadband funding program is established under the Wyoming business council to provide funds to eligible applicants in order to promote the expansion of access to broadband service in unserved areas of the state.

(b)  Funds may be provided under this article for the acquisition, deployment and installation of infrastructure that supports broadband service at a minimum of at least twenty-five (25) megabits per second download and three (3) megabits per second upload in residential areas and nine hundred (900) megabits per second download speed and thirty-five (35) megabits per second upload speed in business corridors.

(c)  Except as provided in subsection (d) of this section, eligible applicants for funding awarded under this article are public private partnerships which include:

(i)  A business entity authorized to be formed under title 17 of the Wyoming statutes, or the laws of another state that are the functional equivalent, which is authorized to transact business in this state and has experience installing broadband infrastructure and providing broadband services in rural areas; and

(ii)  A government entity specified in the following:

(A)  A city, town, improvement and service district or county or joint powers board;

(B)  A tribal government of either the Eastern Shoshone or Northern Arapaho tribes of the Wind River Indian Reservation or the cooperative tribal governing body; or

(C)  A state agency as defined by W.S. 9-2-1002(a)(i).

(d)  A governmental entity specified in subparagraph (c)(ii)(A) or (B) of this section shall develop a request for proposals, as prescribed by the council, on such a form as may be promulgated by the council, inviting business entities to participate in a project proposed for funding under this article. If no eligible business entity responds to the request for proposal with a proposal meeting the requirements specified, the governmental entity specified in subparagraph (c)(ii)(A) or (B) may apply individually, or jointly with any other governmental entity specified in subparagraph (c)(ii)(A) or (B) of this section.

(e)  As used in this article, until established otherwise by rule of the Wyoming business council pursuant to subsection (f) of this section, "unserved area" is an area in which there exists no fixed terrestrial broadband service, or in which the maximum fixed terrestrial broadband speed available:

(i)  To residential customers is at speeds less than twenty-five (25) megabits per second download and three (3) megabits per second upload;

(ii)  To a business corridor within a municipality:

(A)  With a population of less than two thousand (2,000), is twenty-five (25) megabits per second download and three (3) megabits per second upload;

(B)  With a population of two thousand (2,000) or more, is fifty (50) megabits per second download and five (5) megabits per second upload.

(iii)  To a business corridor in an unincorporated area of a county, is twenty-five (25) megabits per second download and three (3) megabits per second upload.

(f)  The Wyoming business council may, by rule effective on July 1, 2022, modify the definition of "unserved area" for purposes of this article. The rule shall only modify the definition by providing for upload and download speeds exceeding those specified in subsection (e) of this section as the business council determines appropriate for technological conditions prevailing as of July 1, 2022.

(g)  The Wyoming business council shall by rule establish a definition of "business corridor" for purposes of this article. An area shall not be considered a business corridor unless multiple businesses are, or have undertaken permitting, construction or other substantial steps to be, located in proximity to each other.

(h)  As used in this article:

(i)  "Last-mile" means a broadband project for fixed terrestrial infrastructure, including fixed wireless infrastructure, the primary purpose of which is to provide broadband internet service to end users or end-user devices;

(ii)  "Middle-mile" means a broadband project for fiber-optic infrastructure the primary purpose of which is to connect last-mile broadband infrastructure and networks to network service providers.

(a)  An eligible applicant shall submit an application to the council on a form prescribed by the council. The council shall develop administrative procedures governing the application and funding process by September 1, 2018. The council shall be responsible for receiving and reviewing applications, entering into contracts and authorizing the distribution of funds under this article, subject to approval by the governor or his designee.

(b)  The council shall provide for funding periods not less frequently than biannually. At least thirty (30) days prior to the first day of the funding period for which applications may be submitted, the council shall publish on its official website the specific criteria and any quantitative weighting scheme or scoring system the council will use to evaluate or rank applications.

(c)  Funding under this article to a public private partnership shall not require of the partnering business entity:

(i)  An open access network;

(ii)  Rates, terms and conditions that differ from those the provider offers in its other service areas, except as provided in W.S. 9-12-1510;

(iii)  Rate regulation; or

(iv)  Time constraints to build which are not technologically feasible.

(a)  An applicant for funding under this article shall provide the following information on the application:

(i)  The location of the project, including a shapefile depicting the location and boundaries of the proposed project area or, for a middle-mile project, a map depicting the location and endpoints;

(ii)  The kind and amount of broadband infrastructure to be deployed for the project, including initial speeds to be achieved and initial price of the service to be provided;

(iii)  Evidence regarding the unserved nature of the area where the project is to be located;

(iv)  The number of households and businesses passed that will have access to broadband service as a result of the project, or whose broadband service will be upgraded as a result of the project;

(v)  Significant community institutions and industries that will benefit from the project;

(vi)  Evidence of community support for the project;

(vii)  The total cost of the project, including a business plan;

(viii)  Sources of funding or in-kind contributions for the project that will supplement any funding under this article, including an examination of any federal grants available to the project. The application shall identify the amount of funding for the project to be provided by each governmental entity and by any business entity participating in the project. Funding provided by any other state source shall be specifically identified;

(ix)  Repealed by Laws 2021, ch. 139, § 3.

(x)  Repealed by Laws 2021, ch. 139, § 3.

(xi)  Acknowledgement by the governing body, and any partnering business entity by a person with legal authority to bind the business entity, that funding may only be provided in accordance with a contract executed in conformance with this article and is subject to availability and approval of distribution of funds;

(xii)  If the application is not submitted jointly with a business entity, an account of the request for proposals issued by the governmental entity applying and responses to the request, if any;

(xiii)  Additional information requested by the council.

(b)  The council may require an applicant to submit additional information to enable the council to properly assess the application for funding. The council may request an applicant to modify an application based on current broadband access in the proposed geographic broadband service area before awarding funding under this article.

(c)  The council shall, after providing opportunity for public comment, promulgate rules on or before September 1, 2021 that identify the nature and type of information provided by broadband providers to the council that shall be treated as confidential, trade secret or proprietary and that shall be protected from disclosure to the public. The following information shall not be considered confidential, trade secret or proprietary and shall be subject to disclosure to the public:

(i)  Publicly available information;

(ii)  The name of a broadband grant applicant and the amount of funding sought in their application;

(iii)  Information which is to be publicly posted, provided to other carriers or provided to a legislative committee pursuant to W.S. 9-12-1504(a), 9-12-1507 or any other provision in this article;

(iv)  The recipient and the amount of any broadband grant award;

(v)  Information supplied by a broadband provider with consent from the provider to treat the supplied information as public information; and

(vi)  Information deemed public information by the council after a hearing on the issue.

(a)  Within three (3) business days of the close of the funding application process, the council shall publish on its official website the proposed geographic broadband service area and the proposed broadband service speeds for each application submitted and shall notify each broadband provider who is listed with the council as providing broadband service in the proposed project area of the application and proposed project. The notification to each listed broadband provider shall include the shapefile or map submitted by the applicant under W.S. 9-12-1503(a)(i). An existing broadband service provider may, within fourteen (14) business days of publication of the information, submit in writing to the council a challenge to an application. A challenge shall contain information demonstrating that:

(i)  The provider currently provides or has begun construction, undertaken permitting or has received, obtained approval for or won an option for other federal or state funding for a project in the proposed geographic broadband service area to provide broadband service comparable to that in the proposed project at speeds equal to or greater than the speeds proposed in the application and with other capabilities and project size comparable to the project proposed in the application; or

(ii)  The provider commits to complete construction of broadband infrastructure and provide broadband service comparable to that in the proposed project at speeds equal to or greater than the speeds proposed in the application and with other capabilities and project size comparable to the project proposed in the application no later than eighteen (18) months after the funding determinations are to be made under this section for the application submitted.

(b)  The council shall evaluate the information submitted in a provider's challenge under this section, and is prohibited from funding a project if the council determines the provider is currently providing broadband service or the provider's commitment to provide broadband service that meets the requirements of subsection (a) of this section in the proposed project area is credible.

(c)  If the council denies funding to an applicant as a result of a broadband service provider's challenge made under this section, and the broadband service provider does not fulfill the provider's commitment to provide broadband service in the project area, the challenging provider is prohibited from applying for funding for a project under this article for the following five (5) years and the council is prohibited from denying funding to an applicant as a result of a challenge by the same broadband service provider for the following five (5) years, unless the council determines that the broadband service provider's failure to fulfill the provider's commitment was the result of factors beyond the broadband service provider's control.

(a)  In evaluating applications and providing funding under this article, the council shall give highest priority to applications which the council determines are public private partnerships.

(b)  In evaluating applications and entering into agreements to provide funding, the council shall give priority to applications that meet one (1) or more of the following criteria, with additional priority given for meeting multiple criteria:

(i)  Offer new or substantially upgraded broadband service to important community institutions and businesses;

(ii)  Serve economically distressed areas of the state, as measured by indices of unemployment, poverty or population loss that are significantly greater than the statewide average;

(iii)  Include a component to actively promote the adoption of the newly available broadband services in the community;

(iv)  Provide evidence of strong support for the project from citizens, government, businesses and institutions in the community;

(v)  Provide access to broadband service to a greater number of unserved households and businesses;

(vi)  Provide comparability to service offered in urban areas, both in speed and pricing by reference to standards published by the Federal Communications Commission;

(vii)  Provide access to very high speed broadband service to business districts or other business areas and are likely to secure economic benefits for the surrounding locality;

(viii)  Leverage greater amounts of funding for the project from other private and public sources;

(ix)  Are for projects that are economically and technologically feasible for expanding broadband access in unserved areas of the state.

(c)  The council shall endeavor to award grants under this section to qualified applicants in geographically diverse regions of the state.

(a)  Repealed by Laws 2021, ch. 139, § 3.

(b)  No single project shall exceed five million dollars ($5,000,000.00) in funding provided under this article.

(c)  The council shall, by rule, adopt provisions to ensure that adequate consideration is provided for the expenditure of public funds on projects funded under this article.

(a)  By June 30 of each year, following adoption of the state broadband enhancement plan, the council shall publish on its website and provide to the joint minerals, business and economic development interim committee a list of all applications for funding under this article received during the previous year and, for each application:

(i)  The results of any quantitative weighting scheme or scoring system the council used to fund the applications;

(ii)  The amount of funding requested; and

(iii)  The funding provided under this article, if any.

(b)  Within ninety (90) days after a project's proposed completion date, the council shall review the project and provide in the report under subsection (a) of this section, its determination of whether the project was completed and services rendered in accordance with the agreement under this article. If the council reports that a project was not completed or services are not being rendered in accordance with an agreement, it shall report actions it has taken to enforce the agreement.

(a)  The business council shall, in consultation with the economically needed diversity options for Wyoming (ENDOW) executive council, establish a broadband advisory council consisting of eleven (11) members. One (1) member shall be the state chief information officer or his designee. Remaining members shall be appointed by the council from the public at-large, with geographic diversity and to include diverse interests, including backgrounds in economic development, state or local government entities, broadband providers, technology related businesses, health care, education, library services and public safety. At least one (1) representative of the Northern Arapaho or Eastern Shoshone tribes of the Wind River Indian Reservation shall be appointed to the advisory council. One (1) senator appointed by the president of the senate and one (1) representative appointed by the speaker of the house shall serve as legislative liaisons to the advisory council. Legislative liaisons shall be paid salary, per diem and mileage as provided in W.S. 28-5-101 when attending meetings of the advisory council. Members of the advisory council shall receive no salary, but shall be reimbursed under W.S. 9-3-102 and 9-3-103 for per diem and travel expenses incurred in the performance of their duties.

(b)  The advisory council shall provide advice and make recommendations to the business council on the following subjects:

(i)  The development of an inventory and map of current broadband availability, as provided by voluntary submission from broadband providers and derived from other resources, including Federal Communications Commission reports, and identification of areas of the state unserved by broadband technology;

(ii)  Needs, practices and technologies for providing broadband services in the most efficient manner possible, to accommodate economic growth, diversification and development, and enhance education opportunities;

(iii)  Coordination with the ENDOW executive council, the state chief information officer and local and tribal governmental entities to ensure that state and local policies are conducive to development of broadband services;

(iv)  Applications received under this article, as requested by the council;

(v)  Propose to the council:

(A)  A state broadband enhancement plan, for adoption by the council not later than September 1, 2018;

(B)  Not later than March 1, 2020, propose recommended changes to upload and download speeds specified in the definition of unserved areas, including unserved residential and business corridors.

(c)  The business council shall, in consultation with the ENDOW executive council and the governor's office, designate an employee of the business council as coordinator of broadband services. The person designated shall have expertise in telecommunications and specifically in the provision of broadband services. As directed by the business council, the coordinator shall staff the broadband advisory council. The coordinator shall, with approval of the business council, accomplish the tasks set forth in paragraphs (b)(i) through (v) of this section and undertake other duties as assigned by the business council in consultation with the governor's office. The business council may contract with a consultant to provide services to the broadband advisory council and to the business council under this act.

(a)  The council may fund middle-mile broadband projects upon receiving an application as provided under this article. The provisions of this article shall apply to middle-mile broadband projects except as otherwise provided by this section. The council shall not fund middle-mile broadband projects under this article unless:

(i)  There is no middle-mile infrastructure or functional equivalent in the proposed geographic broadband service area to be served by the proposed middle-mile broadband project;

(ii)  The middle-mile broadband project does not result in any overbuild of middle-mile broadband infrastructure or the functional equivalent;

(iii)  The project enables broadband internet providers to provide or improve last-mile broadband internet service for end users or end user devices in unserved areas;

(iv)  The broadband provider receiving funding under this article agrees to ensure that access to any infrastructure created or improved by the project is provided to other broadband providers at reasonable rates;

(v)  The broadband provider agrees to:

(A)  Allow the council to participate in arbitration of determining reasonable rates in the event of unsuccessful negotiations between the funding recipient and another broadband provider for access to the infrastructure; and

(B)  Provide to the council upon the council's request any marketing information based on current leases to assist the council in determining reasonable rates for access to the infrastructure for the project funded under this article. Any information provided under this subparagraph shall be confidential and shall not be disclosed by the council.

(b)  The council shall promulgate rules for the funding of middle-mile broadband projects as provided by this section.