RDCSB455 3264 4929
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)]
SB 455 Reengrossed 2022 Regular Session Boudreaux
Present law provides for 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. Otherwise retains present law.
Present law requires the head of the office to be appointed by the governor and subject to
Senate confirmation. Proposed law deletes present law.
Proposed law requires the office to secure certain information from any entity providing
internet service to at least 1 location in the state to compile a statewide broadband map.
At the request of the office, proposed law requires any such entity to submit broadband
deployment information containing the same information submitted to the Federal
Communications Commission (FCC). Further provides that the entity is not required to
provide any data beyond that which is required for submission to the FCC.
Proposed law provides that any such entity not in compliance with proposed law 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. Further provides that any location in the
state purportedly served by the entity not in compliance with proposed law may be
considered to have internet access service of less than 25 megabits per second for download
and 3 megabits per second for upload.
Proposed law requires an entity's broadband availability data to be used strictly for the
purpose of identifying served, underserved, and unserved areas to aid in administration of
the "Granting Unserved Municipalities Broadband Opportunities" program.
Proposed law authorizes the entity submitting broadband data to review a draft of the
proposed 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 authorizes the entity submitting broadband data to challenge any area
ultimately deemed eligible for any state-administered grant program designated for
broadband infrastructure deployment in the state that overlaps 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. Further requires any such contract entered
into by the office and a private entity or third-party consultant to 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 Public
Records Law (R.S. 44:1.1 et seq.) 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, to 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. Further
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. RDCSB455 3264 4929
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 APA.
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. RDCSB455 3264 4929
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.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the
reengrossed bill:
1. Make technical changes.