Utah Code § 72-19-301 Creation of Broadband Access Grant Program.
72-19-301. Creation of Broadband Access Grant Program.
(1) As used in this part:
(a) "Eligible applicant" means:
(i) a telecommunications provider or an Internet service provider;
(ii) a local government entity and one or more private entities, collectively, who are parties to a public-private partnership established for the purpose of expanding affordable broadband access in the state; or
(iii) a tribal government.
(b) "Underserved area" means an area of the state that is underserved in terms of the area's access to broadband service, as further defined by rule made by the department in coordination with the broadband center.
(c) "Unserved area" means an area of the state that is unserved in terms of the area's access to broadband service, as further defined by rule made by the department in coordination with the broadband center.
(2) There is established a grant program known as the Broadband Access Grant Program that is administered by the broadband center in accordance with this part.
(3)
(a) The broadband center may award a grant under this part to an eligible applicant that submits to the broadband center an application that includes a proposed project to extend broadband service to individuals and businesses in an unserved area or an underserved area by providing last-mile connections to end users.
(b) Subsection (3)(a) does not prohibit the broadband center from awarding a grant for a proposed project that also includes middle-mile elements that are necessary for the last-mile connections.
(4) In awarding grants under this part, the broadband center shall:
(a) based on the following criteria and in the order provided, prioritize proposed projects:
(i) located in unserved areas;
(ii) located in underserved areas;
(iii)
(A) that the eligible applicant developed after meaningful engagement with the impacted community to identify the community's needs and innovative means of providing a public benefit that addresses the community's needs; and
(B) that include, as a component of the proposed project, a long-term public benefit to the impacted community developed in response to the eligible applicant's engagement with the community;
(iv) located in an economically distressed area of the state, as measured by indices of unemployment, poverty, or population loss;
(v) that make the greatest investment in last-mile connections;
(vi) that provide higher speed broadband access to end users; and
(vii) for which the eligible applicant provides at least 25% of the money needed for the proposed project, with higher priority to proposed projects for which the eligible applicant provides a greater percentage of the money needed for the proposed project; and
(b) consider the impact of available funding for the proposed project from other sources, including money from matching federal grant programs.
(5) For a project that the eligible applicant cannot complete in a single fiscal year, the broadband center may distribute grant proceeds for the project over the course of the project's construction.
(6)
(a) Before awarding a grant under this part, the broadband center shall present the application described in Subsection (3) to the Transportation Commission for approval.
(b) In awarding a grant under this part, the broadband center shall ensure that grant funds are not used by a subgrantee in a manner that causes competition among projects that are substantially supported by state funds or federal funds subgranted by the state.
(7) As provided in and subject to the requirements of Title 63G, Chapter 2, Government Records Access and Management Act, a record submitted to the broadband center that contains a trade secret or confidential commercial information described in Subsection 63G-2-305(2) is a protected record.
Renumbered and Amended by Chapter 512, 2025 General Session