DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 1080 Reengrossed 2022 Regular Session Deshotel
Abstract: Makes changes to the GUMBO grant program.
Present law provides definitions.
Proposed law makes changes to the definitions of "broadband service" and "unserved".
Present law requires an applicant to provide a description of the broadband service to be provided
by including the proposed upstream and downstream speeds to be delivered. Pursuant to present law
an area that has access to internet with a connection speed of 3/25 Mbps is not considered an
unserved area eligible for a grant.
Proposed law requires the office of broadband and connectivity (office) to collect information to be
used to create a statewide broadband map to be utilized by the office in administering the GUMBO
program.
Proposed law retains the requirement that an applicant provide a description of the area and proposed
connection speed, but raises the minimum allowable connection speed that constitutes an unserved
area from 25/3 Mbps to 100/20 Mbps.
Proposed law requires an entity to submit to the office certain broadband deployment information.
The information is required to contain the same information and be provided in the same format as
the information that was submitted to the Federal Communications Commission (FCC). The entity
is not required to provide any data beyond the information that is required to be provided to the FCC.
Proposed law authorizes the office to contract with a private entity or third-party consultant to
develop and maintain the state broadband map and requires such contract to include a confidentiality
agreement prohibiting the disclosure of any broadband data provided in accordance with proposed
law. Proposed law creates an exception to Public Records Law.
Proposed law provides that certain provisions of proposed law will terminate under either of the
following conditions, whichever occurs first:
(1) A determination by the office that the statewide parish-by-parish broadband map is no longer
necessary.
(2)At midnight on Dec. 31, 2026. Proposed law authorizes the office to promulgate any necessary rules in accordance with the
Administrative Procedure Act.
Present law provides a procedure for protest by the provider and requires the provider to attest that
all information is correct. Proposed law retains present law, and specifies that a protest can only be
brought to challenge the determination of an area as unserved. Proposed law further modifies the
protest process by making changes relative to various time limits.
Present law allows for judicial review of a decision made by the office relative to an award.
Proposed law retains present law but limits the grounds for challenge.
Present law requires grant recipients to offer proposed advertised minimum download and minimum
upload speeds. Present law requires grant recipients that have offered broadband services to at least
1,000 consumers for at least 5 consecutive years to offer broadband service at prices consistent with
offers to consumers in other areas of the state. Present law requires a grant recipient to provide to
the office, annually, evidence consistent with FCC attestation that the grant recipient is making
available the proposed advertised speed, or a faster speed, as contained in the grant agreement.
Proposed law authorizes the office to require grant recipients to submit a report for each funded
project for the duration of the grant agreement.
Present law allows the office to use up to 1% of the appropriate funds to administer the program.
Proposed law raises the cap on the administrative fee from 1% to 2% and specifies that the additional
1% is not to be used for in-office personnel positions.
(Amends R.S. 44:4.1(B)(35) and R.S. 51:2370.2(intro. para.), (2), and (16), 2370.3(A) and (E),
2370.4(A)(intro. para.) and (12), (B), and (C)(1), 2370.5(A), (B)(intro. para.), (D), (E), (H), (I), and
(J), 2370.9, 2370.13, and 2370.16; Adds R.S. 51: 2370.3(H) and (I))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Make technical changes.
2. Provide that an entity is not required to provide any data beyond what is required to be
provided to the FCC.
3. Authorize the office to contract with a private entity or third-party consultant to develop
and maintain the state broadband map and require such contract to include a
confidentiality agreement.
4. Provide that certain provisions of proposed law will terminate for either a determination
by the office that a statewide parish-by-parish broadband map is necessary or by Dec. 31, 2026.
5. Authorize the office to require grant recipients to submit a report for each funded project
for the duration of the grant agreement.