77,9Section 9. 196.504 (1) (c) 3. of the statutes is created to read: 196.504 (1) (c) 3. Available and reliable.
77,10Section 10. 196.504 (2) (a) of the statutes, as affected by 2021 Wisconsin Act 58, is amended to read: 196.504 (2) (a) To make broadband expansion grants to eligible applicants for the purpose of constructing broadband infrastructure in underserved unserved areas designated under par. (d) (e). Grants awarded under this section shall be paid from the appropriations under ss. 20.155 (3) (r) and (rm) and 20.866 (2) (z), in the amount allocated under s. 20.866 (2) (z) 5.
77,11Section 11. 196.504 (2) (c) of the statutes is renumbered 196.504 (2) (c) 1. (intro.) and amended to read: 196.504 (2) (c) 1. (intro.) To establish criteria for evaluating applications and awarding grants under this section, which shall require applicants to participate in the federal communications commission’s affordable connectivity program or any federally mandated successor program. The criteria shall prohibit grants that have the effect of subsidizing the expenses of a provider of telecommunications service, as defined in s. 182.017 (1g) (cq), or the monthly bills of customers of those providers. The criteria shall give priority to projects all of the following:
a. Projects that include at least 25 percent matching funds, and shall give higher priority to projects with more than 25 percent matching funds.
b. Projects that involve public-private partnerships, that affect unserved areas,.
c. Projects that are scalable,.
d. Projects that promote economic development,.
e. Projects that will not result in delaying the provision of broadband service to areas neighboring areas to be served by the proposed project, or.
f. Projects that affect a large geographic area that is difficult to connect or a large number of underserved unserved individuals or communities.
2. When evaluating grant applications under this section, the commission shall consider the all of the following:
a. The degree to which the proposed projects would duplicate existing broadband infrastructure, information about the presence of which is provided to the commission by the applicant or another person within a time period designated by the commission; the.
b. The impacts of the proposed projects on the ability of individuals to access health care services from home and the cost of those services; and the.
c. The impacts of the proposed projects on the ability of students to access educational opportunities from home.
77,12Section 12. 196.504 (2) (c) 1. g. and h. of the statutes are created to read: 196.504 (2) (c) 1. g. Projects designed to provide fiber optic Internet service directly to the end user in geographic areas where the cost to deploy fiber optic Internet is below the extremely high cost per location threshold established by this state for the purpose of being eligible for federal funding under the broadband equity, access, and deployment program authorized under 47 USC 1702.
h. Projects that affect a geographic area that has actual download speeds of 25 megabits per second or lower and upload speeds of 3 megabits per second or lower.
77,13Section 13. 196.504 (2) (c) 2. d. of the statutes is created to read: 196.504 (2) (c) 2. d. Whether the applicant offers a low-cost broadband service option in order to be eligible for funding under the broadband equity, access, and deployment program administered by the federal department of commerce or participates in the federal communications commission’s affordable connectivity program or any federally mandated successor program.
77,14Section 14. 196.504 (2) (d) of the statutes is repealed. 77,15Section 15. 196.504 (2t) of the statutes is created to read: 196.504 (2t) (a) Within 10 days of the close of the broadband expansion grant application process, the commission shall publish on its website the proposed geographic broadband service area and the proposed broadband service speeds for each application for a broadband expansion grant submitted.
(b) An Internet service provider in or proximate to the proposed project area may, within 30 days of publication of the information under par. (a), submit in writing to the commission a challenge to an application. A challenge shall contain information demonstrating one of the following:
1. The provider currently provides available and reliable fixed wireless or wired broadband service to the proposed project area at download speeds of 100 megabits per second or greater and upload speeds of 20 megabits per second or greater.
2. The provider commits to complete construction of broadband infrastructure and to provide available and reliable fixed wireless or wired broadband service to the proposed project area at speeds equal to or greater than the speeds described under subd. 1. no later than 24 months after the date of the commission’s order awarding broadband expansion grants. The provider shall submit documentation showing this commitment to the satisfaction of the commission, which may include engineering plans, invoices related to project materials, permit applications, and a project timeline.
(c) The commission shall evaluate an Internet service provider’s challenge under this subsection, and is prohibited from funding any portion of a project relating to the area that is the subject of the challenge if the commission determines that the challenger’s provision of or commitment to provide broadband service that meets the requirements of par. (b) in that area is credible.
(d) If the commission denies funding to an applicant as a result of an Internet service provider’s challenge made under this subsection and the Internet service provider does not fulfill its commitment to provide available and reliable broadband service in the area that is the subject of the challenge, the commission is prohibited from awarding grant funding to that Internet service provider for the following 2 grant cycles and that Internet service provider is prohibited from participating in the challenge process under par. (b) for the following 2 grant cycles, unless the commission determines that the Internet service provider’s failure to fulfill its commitment was the result of factors beyond the Internet service provider’s control. The commission shall give priority scoring treatment to an application targeting a grant project area that remains unserved as a result of a successful challenge and an unfulfilled commitment.
77,16Section 16. 196.504 (3) (intro.) of the statutes is amended to read: 196.504 (3) (intro.) The commission shall encourage the development of broadband infrastructure in underserved unserved areas of the state and do all of the following:
77,16mSection 16m. Nonstatutory provisions. (1) Broadband expansion grant program. The provisions of the broadband expansion grant program under s. 196.504 do not apply to any grant program created with federal funding received under the broadband equity, access, and deployment program authorized under 47 USC 1702.
77,17Section 17. Initial applicability. (1) Broadband expansion grant program. This act first applies to an application for a broadband expansion grant submitted pursuant to s. 196.504 during the grant application period that begins after the effective date of this subsection.
