Terms Used In Louisiana Revised Statutes > Title 51 > Chapter 39 > Part VI-C - Granting Unserved Municipalities Broadband Opportunities

• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agriculture: means the commercial planting, growing, harvesting, production, storage, processing, marketing, distribution, or export of any agricultural product, including but not limited to farm products, livestock and livestock products, poultry and poultry products, milk and dairy products, fruit and other horticultural products, and seafood and aquacultural products. See Louisiana Revised Statutes 51:2370.2
• Agriculture: means the commercial planting, growing, harvesting, production, storage, processing, marketing, distribution, or export of any agricultural product, including but not limited to farm products, livestock and livestock products, poultry and poultry products, milk and dairy products, fruit and other horticultural products, and seafood and aquacultural products. See Louisiana Revised Statutes 51:2370.22
• 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.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assistant secretary: means the assistant secretary of the United States Department of Commerce for Communications and Information. See Louisiana Revised Statutes 51:2370.22
• Broadband data maps: means the maps created in accordance with the provisions of 47 U. See Louisiana Revised Statutes 51:2370.22
• 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
• Broadband service: means deployed mass-market retail internet access service with a minimum of one hundred megabits per second, or Mbps, download and at least twenty megabits per second upload transmission speeds. See Louisiana Revised Statutes 51:2370.22
• Broadband-serviceable location: means a business or residential location in the United States at which fixed broadband internet access service is, or can be, installed. See Louisiana Revised Statutes 51:2370.22
• Contract: A legal written agreement that becomes binding when signed.
• Cooperative: means a corporation organized under Part I of Chapter 2 of Title 12 of the Louisiana Revised Statutes of 1950 or a corporation who becomes subject to those provisions pursuant to La. See Louisiana Revised Statutes 51:2370.2
• Cooperative: means a corporation organized pursuant to Part I of Chapter 4 of Title 12 of the Louisiana Revised Statutes of 1950 or a corporation that becomes subject to those provisions pursuant to La. See Louisiana Revised Statutes 51:2370.22
• Corporation: means the Louisiana Economic Development Corporation as established in Part II of this Chapter. See Louisiana Revised Statutes 51:2303
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Devise: To gift property by will.
• 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
• Director: means the executive director of the office of broadband development and connectivity within the division of administration. See Louisiana Revised Statutes 51:2370.22
• Docket: A log containing brief entries of court proceedings.
• economic unit: consists of all adult individuals contributing to and sharing in the income and expenses of a household. See Louisiana Revised Statutes 51:2370.2
• economic unit: consists of all adult individuals contributing to and sharing in the income and expenses of a household. See Louisiana Revised Statutes 51:2370.22
• Economically distressed parish: means an unserved area that is in need of expansion of business and industry and the creation of jobs, giving consideration to unemployment, per capita income, and the number of residents receiving public assistance within that unserved area. See Louisiana Revised Statutes 51:2370.2
• Eligible costs: means costs that are eligible for BEAD program funding as specified by the assistant secretary. See Louisiana Revised Statutes 51:2370.22
• Eligible grant recipient: means a provider of broadband service, including a provider operated by a local government if the local government is compliant with the Local Government Fair Competition Act prior to July 1, 2021, with respect to providing such services, a cooperative, or any partnership thereof. See Louisiana Revised Statutes 51:2370.2
• Eligible grant recipient: means a provider of broadband service, including a provider operated by a local government if the local government is compliant with the Local Government Fair Competition Act, La. See Louisiana Revised Statutes 51:2370.22
• Eligible parish: means any parish with unserved or underserved broadband-serviceable locations. See Louisiana Revised Statutes 51:2370.22
• Eligible project: means a discrete and specific project located in an unserved area of an eligible parish seeking to provide broadband service to homes, households, businesses, educational facilities, healthcare facilities, and community anchor points not currently served. See Louisiana Revised Statutes 51:2370.2
• Enforceable commitment: means any location that is already subject to a legally enforceable federal, state, or local commitment to deploy broadband. See Louisiana Revised Statutes 51:2370.22
• 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}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Functions: means duties, jurisdiction, powers, rights, and obligations, conferred or imposed upon, or vested in, any agency by law, or exercised, performed, or discharged by any agency without contravention of any provision of law. See Louisiana Revised Statutes 39:2
• Fund: means the Louisiana Economic Development Fund. See Louisiana Revised Statutes 51:2332
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Household: means any individual or group of individuals who are living together at the same address as one economic unit. See Louisiana Revised Statutes 51:2370.2
• Household: means any individual or group of individuals who are living together at the same address as one economic unit. See Louisiana Revised Statutes 51:2370.22
• Infrastructure: means existing facilities, equipment, materials, and structures that an internet service provider has installed either for its core business or public enterprise purposes. See Louisiana Revised Statutes 51:2370.2
• Infrastructure: means existing facilities, equipment, materials, and structures that an internet service provider has installed either for its core business or public enterprise purposes. See Louisiana Revised Statutes 51:2370.22
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local government: means a parish, municipality, or school board, or any instrumentality thereof. See Louisiana Revised Statutes 51:2370.2
• Local government: means a parish, municipality, or school board. See Louisiana Revised Statutes 51:2370.22
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Office: means the office of broadband development and connectivity within the division of administration. See Louisiana Revised Statutes 51:2370.2
• Office: means the office of broadband development and connectivity within the division of administration. See Louisiana Revised Statutes 51:2370.22
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
• Personal property: All property that is not real property.
• Program: means the Workforce Development and Training Program. See Louisiana Revised Statutes 51:2332
• Project: means an undertaking by an eligible grant recipient to construct and deploy infrastructure for the provision of broadband service. See Louisiana Revised Statutes 51:2370.22
• Prospective broadband recipient: means a household, home, business, educational facility, healthcare facility, community anchor point, agricultural operation, or agricultural processing facility that is currently unserved and is identified in an application submitted in accordance with this Subpart. See Louisiana Revised Statutes 51:2370.2
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Shapefile: means a file format for storing, depicting, and analyzing geospatial data depicting broadband coverage, comprised of several component files, such as a Main file (. See Louisiana Revised Statutes 51:2370.2
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Underserved location: means an underserved location as defined in the IIJA and the BEAD NOFO. See Louisiana Revised Statutes 51:2370.22
• 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
• Unserved area: means a designated geographic area that is presently without access to broadband service, as defined in this Section, offered by a wireline or fixed wireless provider. See Louisiana Revised Statutes 51:2370.2
• Unserved location: means an unserved location as defined in the IIJA and the BEAD NOFO. See Louisiana Revised Statutes 51:2370.22
• Venue: The geographical location in which a case is tried.