196.504(1)(c)2.2.
196.504(1)(c)2.a.a. Provided at actual download speeds of 100 megabits per second or greater and upload speeds of 20 megabits per second or greater.
196.504(1)(c)2.b.b. Beginning on July 1, 2025, and on July 1 of each successive odd-numbered year thereafter, the commission may, by rule, adjust the threshold speeds designated in subd. 2. a. if, upon review, it determines there is good cause to do so in order to align with changes in technology and actual market conditions. If the commission adjusts these threshold speeds, it shall publicize the adjusted speed thresholds on its website.
196.504(1)(c)3.3. Available and reliable.
196.504(2)(2)The commission shall administer the broadband expansion program and shall have the following powers:
196.504(2)(a)(a) To make broadband expansion grants to eligible applicants for the purpose of constructing broadband infrastructure in unserved areas designated under par. (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.
196.504(2)(b)(b) To prescribe the form, nature, and extent of the information that shall be contained in an application for a grant under this section. The application shall require the applicant to identify the area of the state that will be affected by the proposed project and explain how the proposed project will increase broadband access.
196.504(2)(c)(c)
196.504(2)(c)1.1. 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 all of the following:
196.504(2)(c)1.a.a. Projects that include at least 25 percent matching funds and shall give higher priority to projects with more than 25 percent matching funds.
196.504(2)(c)1.b.b. Projects that involve public-private partnerships.
196.504(2)(c)1.c.c. Projects that are scalable.
196.504(2)(c)1.d.d. Projects that promote economic development.
196.504(2)(c)1.e.e. Projects that will not result in delaying the provision of broadband service to areas neighboring areas to be served by the proposed project.
196.504(2)(c)1.f.f. Projects that affect a geographic area that is difficult to connect or a large number of unserved individuals or communities.
196.504(2)(c)1.g.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.
196.504(2)(c)1.h.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.
196.504(2)(c)2.2. When evaluating grant applications under this section, the commission shall consider all of the following:
196.504(2)(c)2.a.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.
196.504(2)(c)2.b.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.
196.504(2)(c)2.c.c. The impacts of the proposed projects on the ability of students to access educational opportunities from home.
196.504(2)(c)2.d.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.
196.504(2)(e)(e) To designate areas of the state as unserved areas.
196.504(2t)(2t)
196.504(2t)(a)(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.
196.504(2t)(b)(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:
196.504(2t)(b)1.1. 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.
196.504(2t)(b)2.2. 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.
196.504(2t)(c)(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.