Montana Code 90-1-605. Eligible proposals
90-1-605. (Temporary) Eligible proposals. (1) Eligible providers who submit responsive proposals:
Terms Used In Montana Code 90-1-605
- Broadband: means a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints. See Montana Code 90-1-602
- Broadband service: means the signal transmission facilities and associated network equipment proposed to be deployed in a project area used for the provision of broadband service to residential, business, and government customers. See Montana Code 90-1-602
- Commission: means the communications advisory commission established in 90-1-603. See Montana Code 90-1-602
- Department: means the department of administration. See Montana Code 90-1-602
- Eligible provider: means an entity that:
(a)has authorization to do business in the state; and
(b)has demonstrated that it has the technical, financial, and managerial resources and experience to provide broadband service or other communications service to customers in the state. See Montana Code 90-1-602
- Extremely high cost per location threshold: is a subsidy cost for each location to be utilized during the proposal selection process in which a proposal may be declined if use of an alternative technology meeting the broadband, equity, access, and deployment program program's technical requirements would be less expensive. See Montana Code 90-1-602
- High-cost area: means an unserved area in which the cost of building out broadband service is fiscally imprudent, and the area contains no less than 80% of unserved broadband-serviceable locations. See Montana Code 90-1-602
- 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.
- Project: means a proposed deployment of broadband service infrastructure set forth in a proposal for funding authorized under this part. See Montana Code 90-1-602
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)may not receive funds under any other federal or state government grant or loan program where government funding supports 100% of the proposed project‘s capital costs;
(b)shall commit to paying not less than the minimum matching amount required by the Infrastructure Investment and Jobs Act, Public Law 117-58, and may not provide a minimum matching amount from any funds derived from government grants or subsidies, except for federal funds designated by the Infrastructure Investment and Jobs Act, Public Law 117-58. Local and tribal governments, in partnership with an eligible provider, may provide funding for broadband infrastructure projects consistent with the provisions of this part and as provided by the national telecommunications and information administration.
(c)may only be a nongovernment entity with demonstrated experience in providing broadband service or other communications services to end-user residential or business customers in the state, unless the government entity or tribe applies in partnership with an eligible broadband service provider; and
(d)shall to the extent required by state or federal law, comply with any affordability requirements.
(2)The department, with approval from the commission, may submit a match waiver to the national telecommunications and information administration if a proposal is within an extremely high cost per location threshold or high-cost area or if the commission considers additional special circumstances exist and that a waiver would serve the public interest and effectuate the purposes of the broadband, equity, access, and deployment program. (Terminates on occurrence of contingency–sec. 9, Ch. 696, L. 2023.)