Terms Used In Louisiana Revised Statutes 51:2370.5

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Broadband service: means deployed internet access service with a minimum of one hundred megabits per second (Mbps) download and at least twenty megabits per second upload transmission speeds. See Louisiana Revised Statutes 51:2370.2
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Director: means the executive director of the office of broadband development and connectivity within the division of administration. See Louisiana Revised Statutes 51:2370.2
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Fund: means the Louisiana Economic Development Fund. See Louisiana Revised Statutes 51:2332
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Office: means the office of broadband development and connectivity within the division of administration. See Louisiana Revised Statutes 51:2370.2
  • Unserved: means , notwithstanding any other provision of law, any federal funding awarded to or allocated by the state for broadband deployment shall not be used, directly or indirectly, to deploy broadband infrastructure to provide broadband internet service in any area of the state where broadband internet service of at least one hundred megabits per second download and twenty megabits per second upload is available from at least one internet service provider. See Louisiana Revised Statutes 51:2370.2
  • Venue: The geographical location in which a case is tried.

            A.(1) An aggrieved party may submit a protest of an award in accordance with this Section. The period for protesting an award shall be thirty days from the announcement of an award. Protests shall be submitted in writing, accompanied by all supporting documentation, and shall be considered by the office in connection with the review of the application and award. Any provider submitting a protest shall attest that the information in the protest is accurate and that the protest is submitted in good faith. The office may deny any protest or application that contains inaccurate information.

            (2) The director or his designee shall have authority, prior to the commencement of an action in court concerning a protest arising under this Subpart, to settle and resolve the protest of an aggrieved party concerning a grant award. An aggrieved party may also submit a protest of eligibility of an application only if the aggrieved party has facilities in the area or intends to deploy broadband services within the next twenty-four months, as a result of receiving public funds specifically for broadband deployment or if the aggrieved party is seeking to privately fund broadband deployment in accordance with La. Rev. Stat. 51:2370.3. This authority shall be exercised in accordance with applicable regulations.

            (3) If the basis of the protest of an award is that an application proposes to serve an area that is already served, the office may utilize speed tests that conform to the methodology employed in the Federal Communications Commission’s “Measuring Broadband America” report to determine if the protested area or individual households or businesses currently have access to broadband service as defined in this Subpart. All decisions regarding the speed test to be utilized and the manner by which the speed tests are applied shall be made by the director or his designee.

            B. If the protest is not resolved by mutual agreement, the director or his designee shall, within seven days, issue a decision in writing. The decision shall:

            (1) State the reasons for the action taken.

            (2) Inform the protestant of its right to administrative and judicial review as provided in this Subpart.

            C. A copy of the decision required by Subsection B of this Section shall be mailed or otherwise furnished immediately to the protestant and any other party intervening.

            D. A decision required by Subsection B of this Section shall be final and conclusive unless one of the following applies:

            (1) The decision is fraudulent.

            (2) The party adversely affected by the decision has timely appealed to the commissioner of administration in accordance with Subsection E of this Section.

            E. The aggrieved party shall file an appeal with the commissioner of administration within ten days of receipt of a decision issued pursuant to Subsection B of this Section. The commissioner of administration shall have the authority to review and determine any appeal by an aggrieved party from a determination by the director or his designee.

            F. On any appeal filed pursuant to Subsection E of this Section, the commissioner shall decide within fourteen days whether the decision concerning a grant application was in accordance with this state’s constitution, statutes, and regulations, and the terms and conditions of the application. Any prior determinations by the director or his designee shall not be final or conclusive.

            G. A copy of the decision issued pursuant to Subsection F of this Section shall be mailed or otherwise furnished immediately to the protestant and any other party intervening.

            H. A decision issued pursuant to Subsection F of this Section shall be final and conclusive unless one of the following applies:

            (1) The decision is fraudulent.

            (2) The party adversely affected by the decision has appealed to the court as provided for in Subsection I of this Section.

            I. The aggrieved party shall file an appeal in the Nineteenth Judicial District Court within seven days of receipt of a decision issued pursuant to Subsection F of this Section. The Nineteenth Judicial District Court shall have exclusive venue over an action between the state and any aggrieved party to determine whether an award of a grant is in accordance with this state’s constitution, statutes, and regulations. Such actions shall extend to all kinds of actions, whether for monetary damages or for declaratory, injunctive, or other equitable relief.

            J. Any party aggrieved by a final judgment or interlocutory order or ruling of the Nineteenth Judicial District Court may appeal or seek review thereof, as the case may be, to the Louisiana Court of Appeal, First Circuit or the Supreme Court of Louisiana, as otherwise permitted in civil cases by law and the constitution of this state. If a court has found in a final judgment that an applicant or protestor has incorrectly designated a location as served or unserved, the office may assess a civil penalty of up to one thousand dollars per incorrectly designated location identified in the GUMBO award process and disputed in litigation.

            Acts 2021, No. 477, §1, eff. July 1, 2021; Acts 2022, No. 288, §2; Acts 2023, No. 383, §3A.

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