2011 Utah Code
Title 63M Governor's Programs
Chapter 1 Governor's Office of Economic Development
Section 2304 Grants for rural broadband deployment.

63M-1-2304. Grants for rural broadband deployment.
(1) (a) A provider that wishes to deploy broadband service in a rural area may file an application for a grant with the office.
(b) An application shall:
(i) be accompanied by an affidavit executed by the provider under oath; and
(ii) provide information prescribed in rules adopted by the director.
(2) The director shall:
(a) provide reasonable public notice of an application;
(b) allow public comment on the application for a reasonable period of time;
(c) allow any other provider a reasonable opportunity to file an application to provide broadband service in all or part of the rural area specified in the application filed under Subsection (1); and
(d) make rules concerning the method of providing public notice, the time period for public comment, and the manner of filing a competing application.
(3) (a) The office shall review all applications submitted in accordance with Subsections (1) and (2) to provide broadband service in a rural area.
(b) In reviewing any application, the office may obtain information from the provider or others and conduct its own analysis of any issue relevant to the application, including economic development.
(4) After review of all applications for any rural area in accordance with Subsection (3), the director may approve an application and enter into a written agreement with a provider to provide a grant from the restricted account if the director, with the advice of the board, is satisfied that the provider's application establishes that:
(a) the provider has the financial, managerial, and technical ability to deploy broadband service in the rural area in accordance with the application;
(b) the territory in which the provider proposes to deploy broadband service is a rural area;
(c) the cost of deployment of broadband service in the rural area is reasonable;
(d) the initial terms and conditions on which broadband service will be made available to potential subscribers in the rural area are reasonable;
(e) the provider has a viable business plan to continue providing broadband service to all or some subscribers within the rural area;
(f) if a competitive application was filed for the rural area, the provider's application is the most advantageous application to potential subscribers or the state; and
(g) the application otherwise meets the requirements of this part and any rules adopted by the director concerning broadband service deployment.
(5) (a) The director may, with the advice of the board, require the provider to make adjustments to the application or agree to reasonable conditions consistent with the purposes of this part before approving the application.
(b) Any adjustments and conditions required by the director shall be included in the written agreement entered into with the provider.
(6) The amount of any grant provided from the restricted account shall be no greater than the lesser of 1/2 of:
(a) the actual cost of deployment of broadband service in the rural area as established by verified accounts filed with the office after completion of deployment; or

(b) the projected amount established during the application process by the director and board for the deployment of broadband service in the rural area as provided in the verified application.
(7) Upon completion of deployment of broadband service by a provider in accordance with the terms of an agreement as provided in Subsection (4), the director shall pay the amount of the grant agreed upon consistent with Subsection (6) to the provider from the restricted account.
(8) In making any determination required under this section, the director, the office, and the board:
(a) may not discriminate against any accepted technology for provision of broadband service other than for reasons of cost or the terms and conditions upon which the provider proposes to provide broadband service to potential subscribers; and
(b) may consult with the Division of Public Utilities created in Section 13-1-2.