9-12-1510. Middle-mile broadband projects.
(a) The council may fund middle-mile broadband projects upon receiving an application as provided under this article. The provisions of this article shall apply to middle-mile broadband projects except as otherwise provided by this section. The council shall not fund middle-mile broadband projects under this article unless:
(i) There is no middle-mile infrastructure or functional equivalent in the proposed geographic broadband service area to be served by the proposed middle-mile broadband project;
(ii) The middle-mile broadband project does not result in any overbuild of middle-mile broadband infrastructure or the functional equivalent;
(iii) The project enables broadband internet providers to provide or improve last-mile broadband internet service for end users or end user devices in unserved areas;
(iv) The broadband provider receiving funding under this article agrees to ensure that access to any infrastructure created or improved by the project is provided to other broadband providers at reasonable rates;
(v) The broadband provider agrees to:
(A) Allow the council to participate in arbitration of determining reasonable rates in the event of unsuccessful negotiations between the funding recipient and another broadband provider for access to the infrastructure; and
(B) Provide to the council upon the council's request any marketing information based on current leases to assist the council in determining reasonable rates for access to the infrastructure for the project funded under this article. Any information provided under this subparagraph shall be confidential and shall not be disclosed by the council.
(b) The council shall promulgate rules for the funding of middle-mile broadband projects as provided by this section.