The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Thomas L. Tyler.
DIGEST
SB 455 Reengrossed 2022 Regular Session Boudreaux
Present law creates the office of broadband and connectivity (office) within the office of the
governor.
Proposed law moves the office from the office of the governor to the division of administration and
changes the name of the office to the office of broadband development and connectivity.
Present law provides that the head of the office shall be appointed by the governor subject to Senate
confirmation.
Proposed law deletes present law.
Proposed law provides that the office of broadband development and connectivity shall secure
information from any entity providing internet service to at least one location in the state to compile
a statewide broadband map.
Proposed law provides that at the request of the office of broadband development and connectivity,
any entity providing internet service, shall submit to the office broadband deployment information
containing the same information in the same format in which the information is submitted to the
Federal Communication commission. Provides that no entity shall be required to provide any data
beyond that which is required to be provided to the Federal Communications Commission.
Proposed law provides that any entity providing internet service to at least one location in this state
that internet service providers that does not comply with the reporting requirements or provides
inaccurate information may be ineligible to participate in, or receive funding from, any state-
administered grant program designated for broadband infrastructure deployment in the state in the
calendar year of noncompliance and the following calendar year.
Proposed law provides that any location in the state purportedly served by any entity, providing
internet service to at least one location in the state, that does not comply with the requirements of
present law may be considered to have internet access service of less than 25 megabits per second
for download and three megabits per second for upload.
Proposed law provides that any broadband availability data provided shall strictly be used for the
purpose of identifying served, underserved, and unserved areas to aid in the administration of the
"Granting Unserved Municipalities Broadband Opportunities" program.
Proposed law provides that any entity submitting broadband data may review the proposed of the
draft state broadband map and submit any necessary corrective data to the office prior to the publication or utilization of the state broadband map for any state-administered grant program
designated for broadband infrastructure deployment in the state.
Proposed law provides that any entity submitting broadband data may challenge any area ultimately
deemed eligible for any state-administered grant program designated for broadband infrastructure
deployment in the state that overlap with an entity's verified service territory.
Proposed law authorizes the office to contract with a private entity or third-party consultant to
develop and maintain the state broadband map. Provides that any contact entered into by the office
and a private entity or third-party consultant for the purpose of developing and maintaining the state
broadband map shall include a confidentiality agreement prohibiting the disclosure of any broadband
data provided under proposed law.
Proposed law provides that information compiled under Proposed law is exempt from the Public
Records Law and is considered confidential, proprietary, and a trade secret of the entity providing
the information. Requires that the office, including any private entity or third-party consultant
retained or employed under proposed law shall keep strictly confidential and not disclose, or cause
or permit to be disclosed, to any third person, private entity or public body any broadband
availability data provided under proposed law. Requires that all actions be taken as are reasonably
necessary to ensure that the broadband availability data remains strictly confidential and is not
disclosed to or seen, used or obtained by any third person, private entity or public body.
Proposed law provides that provisions regarding mapping areas terminate under any one of the
following conditions, whichever occurs first:
(1)Upon a determination by the office that it is no longer necessary to compile a statewide
parish by parish broadband map identifying the locations and capability of broadband service
in the state.
(2)At midnight on December 31, 2026.
Proposed law authorizes the office to promulgate necessary rules in accordance with the provisions
of the Administrative Procedure Act.
Present law sunsets the office at 12 o'clock midnight on June 30, 2023.
Proposed law deletes present law and sunsets the office at 12 o'clock midnight on June 30, 2028.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 51:1361(3), 1362(A), 1363(intro para), 1365, and R.S. 44:4.1(B)(35); adds R.S.
51:1363.1)
Summary of Amendments Adopted by Senate Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the original bill
1. Make technical changes.
2. Moves the office of broadband development and connectivity from the office of the
governor to the division of administration.
3. Requires internet service providers to report certain information to the office of
broadband and connectivity.
4. Provides internet service providers may be ineligible for certain grants if they do not
comply with reporting requirements or provide inaccurate information to the office
of broadband and connectivity.
5. Provides that a potentially served location now in compliance with proposed law
requirements may be considered unserved.
6. Exempts from public records the information submitted by the internet service
providers to the office of broadband and connectivity.
7. Sunsets the office of broadband and connectivity on June 30, 2026.
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Changes name of office to the office of broadband development and connectivity.
2. Places the office in the division of administration.
3. Add provisions for use of broadband availability data to be used strictly to identity
served, underserved, and unserved areas.
4. Authorizes an entity submitting data to review the proposed draft state broadband
map and submit necessary corrections and to challenge any area ultimately deemed
eligible for any state-administered grant program designated for broadband
infrastructure development.
5. Authorizes the office to contract with private entities or third-party consultants to
develop and maintain the state broadband map.
6. Adds provisions that information compiled is exempt from the Public Records Law
and is to be considered confidential, proprietary, and a trade secret of the entity
providing the information. 7. Requires that the office, any private entity, or third-party consultant keep broadband
availability data strictly confidential, and shall not disclose or cause or permit to be
disclosed to any third person, private entity or public body.
8. Provides for termination of mapping provisions under certain conditions.
9. Extend termination of the office of broadband development and connectivity from
June 30, 2023 to June 30, 2028.
10.Adds effective upon governor's signature.