HB2002 HFA Linville 4-10 #1

Casto 3264

 

Delegate Linville moved to amend the Senate Amendment to HB 2002 on page 14, section 2, line 59, immediately following the word “subscriber” by striking the word “and” and inserting in lieu thereof the following new subdivisions:

“(E) A Broadband Provider may not require a customer to rent a modem, router, or a modem/router combination device. The provider shall

(i) make available to the customer such device at a cost which is not-more-than 10 percent above the price of a like model device which is commercially available, or

(ii) allow for a customer to utilize their own device if the provider has certified such device as compliant with their networks;

(F) A Broadband Provider may not apply any fees above, beyond, or in addition to those fees or charges which are required by law or regulation in relation to regulatory compliance, infrastructure improvement, or other like fees, except for such fees which the customer voluntarily agrees to be charged in consideration for some product or service, and those fees which may be voluntarily subscribed to by a customer out of his or her good will for the relief of other customers of the provider;

(G) The Legislature of the State of West Virginia finds that data collected which may be used for advertising, research or other purposes regarding a subscriber's online activity, geolocation, and Domain Name Server queries constitutes an intangible property with inherent value. Broadband Providers which collect such data shall submit to the Office of Broadband an anonymized listing, in the aggregate, of that data which shall include:

(i) the total number of individuals whose data they have collected

(ii) the nature of that data

(iii) whether or not that data is monetized by sale or availability for advertising purposes;

(H) If a provider is declared by the Attorney General to be in violation of subdivisions A-G of this subsection and any other provider is available, no governmental service agreements for broadband service shall be entered into with that provider for any facility of this state or a county or political subdivision of this state; and”

AND

on page 18, following section 6, after 3 three by inserting a new section, designated section 7, to read as follows:

Ҥ31G-1A-7. Creation and Administration of Broadband Funds.


(a) There is hereby created in the State Treasury a fund known as the Broadband Open Access Middle Mile Fund. The fund shall be administered by and under the control of the Office of Broadband. Expenditures from the fund shall be for the purposes set forth in this section and are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article two, chapter eleven-b of this code.

(1) The fund shall consist of moneys appropriated by the Legislature. The amount appropriated shall be transferred to the fund to be used solely for the purposes provided by this section.

(2) Expenditures from the fund shall be for the purposes of constructing open access middle mile fiber broadband to unserved and unfunded areas on the broadband availability map as so designated by the Office of Broadband and pursuant to this code.

(b) There is hereby created in the State Treasury a fund known as the Broadband Grant Matching Fund. The fund shall be administered by and under the control of the Office of Broadband. Expenditures from the fund shall be for the purposes set forth in this section and are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article two, chapter eleven-b of this code.

(1) The fund shall consist of moneys appropriated by the Legislature. The amount appropriated shall be transferred to the fund to be used solely for the purposes provided by this section.

(2) Expenditures from the fund shall be for the purposes of facilitating broadband projects which require up to a 50% match from sources other than the primary grantor and which extends or improves broadband access in this state. No expenditures shall be made from this fund until and unless satisfactory documentation of financial need is provided to the office and approved by the director: Provided, That but for this assistance, the grantee would be unable to be awarded or benefited by a grant.

(c) There is hereby created in the State Treasury a fund known as the Wired Wonderful West Virginia Fund. The fund shall be administered by and under the control of the Office of Broadband. Expenditures from the fund shall be for the purposes set forth in this section and are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article two, chapter eleven-b of this code.

(1) The fund shall consist of moneys appropriated by the Legislature. The amount appropriated shall be transferred to the fund to be used solely for the purposes provided by this section.

(2) Expenditures from the fund shall be for the purposes of establishing a pilot program for open-access last mile broadband internet service wherein internet service is provided on common infrastructure.

(3) Eligible recipients of disbursements from this fund must have an articulable nexus to healthcare, education, and a private sector network operator and must construct an open-access network which allows for multiple internet service providers to competitively offer their services upon this common middle and last mile infrastructure.

(d) There is hereby created in the State Treasury a fund known as the Broadband Provider Expansion Fund. The fund shall be administered by and under the control of the Office of Broadband. Expenditures from the fund shall be for the purposes set forth in this section and are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article two, chapter eleven-b of this code.

(1) The fund shall consist of moneys appropriated by the Legislature. The amount appropriated shall be transferred to the fund to be used solely for the purposes provided by this section.

(2) Expenditures from the fund shall be for the purposes of supporting existing broadband providers to extend their last mile networks within unserved and unfunded areas as indicated on the broadband availability map as so designated by Office of Broadband and pursuant to this code. The following amounts shall be made available to broadband providers, not receiving any other financial support in the eligible area, to provide service to unserved and unfunded areas after the provider demonstrates to the director that they have completed the necessary infrastructure build to serve a home or business premises including verifiable speed test data with GPS coordinates and a signed affidavit indicating under criminal penalties that to the best of the provider’s knowledge no other terrestrial broadband service was available to the premises at the time of installation:

(A) A provider shall receive $2,000 per premises for completing infrastructure installation to a residence or business with

(i) an actual downstream data rate of 1,000 megabits per second; and

(ii) an actual upstream data rate of 50 megabits per second; and

(iii) unlimited data usage without overage charges; and

(iv) unlimited data usage without “throttling” or reduction of downstream or upstream data rate due, in whole or in part, to the amount of data transferred in any period; or

(B) A provider shall receive $500 per premises for completing infrastructure installation to a residence or business with a terrestrial wired or fixed wireless connection with

(i) an actual downstream data rate of 25 megabits per second; and

(ii) an actual upstream data rate of three megabits per second; and

(iii) unlimited data usage without overage charges; and

(iv) unlimited data usage without “throttling” or reduction of downstream or upstream data rate due, in whole or in part, to the amount of data transferred in any period.

(3) Disbursements from this fund shall be made available on a first-come, first-served basis and shall be expended and made available to providers until the fund is depleted. Upon additional legislative appropriation into this fund, disbursements shall be disbursed again in like fashion until the fund is depleted.”

 

 

 

Adopted

Rejected