90-1-604. (Temporary) Eligible projects. (1) An eligible proposal may be awarded funding under this section, consistent with the national telecommunications and information administration, for a project in a project area that, as of the date the proposal is filed, constitutes an unserved or underserved area. Funds must be used in accordance with the requirements set forth in the Infrastructure Investment and Jobs Act, Public Law 117-58, and as established by the national telecommunications and information administration.

(2) The project area, including middle-mile or last-mile proposals, to be served by a project funded under the program must be described on a shapefile basis.

(3) The department may issue requests for proposals or accept proposals from eligible providers or solicit proposals for specific eligible projects as designated by the department, which would be submitted as proposals pursuant to this part.

(4) A broadband project may be recommended to the commission for disqualification on the basis that the location surpasses the extremely high cost per location threshold, high-cost area calculation, or for other valid reasons subject to approval by the national telecommunications and information administration.

(5) If no broadband service technology meeting national telecommunications and information administration's technical requirements is deployable for a subsidy of less than the extremely high cost per location threshold at a given location, the commission is authorized to recommend a proposal involving a less costly technology for that location, even if that technology does not provide reliable broadband service but otherwise satisfies the program's technical requirements.

(6) Middle-mile or last-mile broadband deployment projects may be recommended by the commission if the responsive proposal meets the requirements set forth by the national telecommunications and information administration.

(7) On recommendation by the commission, the department may request proposals from eligible providers for unserved service projects or underserved service projects if no acceptable application is submitted for funding consideration. (Terminates on occurrence of contingency--sec. 9, Ch. 696, L. 2023.)