SB 838

This bill makes changes to the broadband expansion grant program

administered by the Public Service Commission. Under current law, the PSC makes

grants to eligible applicants for constructing broadband infrastructure in

underserved areas. The bill defines “broadband infrastructure,” which is not defined

under current law, as infrastructure that provides broadband service at the following

speeds, whichever is faster: 1) a minimum download speed of 25 megabits per second

and a minimum upload speed of 3 megabits per second or 2) minimum download and

upload speeds designated by the Federal Communications Commission under

federal law. Under the bill, infrastructure is eligible for a broadband expansion grant

only if it satisfies the foregoing definition. The bill requires an applicant for a grant

to specify the broadband infrastructure the applicant intends to construct with a

grant and also requires a grant recipient to reimburse the PSC for the grant if 1) the

person fails to complete construction of the infrastructure or 2) the infrastructure

that is constructed fails to provide the foregoing minimum download or upload

speeds. Any reimbursed amounts are used to make additional grants.

In addition, the bill requires grant recipients to submit reports to the PSC on

the progress of broadband infrastructure construction, the number of broadband

service connections provided by that infrastructure, and the average download and

upload speeds for those service connections. Finally, beginning on January 1, 2021,

the bill requires the Legislative Audit Bureau to conduct biennial performance

audits of the broadband expansion grant program.