West Virginia Code of State Rules Agency 208 - Broadband Deployment Council
Here’s an improved summary of Agency 208 – Broadband Deployment Council (Title 208, Series 208‑01) from the West Virginia Code of State Rules:
📘 Overview
Agency: 208 – Broadband Deployment Council
Title: 208 – Legislative Rule Broadband Deployment Council
Series: 208‑01 – Broadband Deployment Council
Effective Date: June 6, 2013 (law.cornell.edu)
🗂 Section Breakdown (Series 208‑01)
§208‑1‑1 – General provisions
§208‑1‑2 – Definitions
§208‑1‑3 – Confidential and Proprietary Information
§208‑1‑4 – Broadband Deployment Council Grant Program
§208‑1‑5 – Required Public Notice
§208‑1‑6 – Application Evaluation
§208‑1‑7 – Conflict of Interest
§208‑1‑8 – Award of Grants
§208‑1‑9 – Reimbursement, Reporting, Record‑Keeping & Auditing (law.cornell.edu)
🔍 Focus: §208-1-4 – Grant Program Highlights
Types of unserved areas:
Type 1, 2 & 3 classifications, with Type 3 having no feasible cable/wireline option—alternative tech (satellite or wireless) may be used (regulations.justia.com).
Annual Council review of these classifications before each grant cycle (regulations.justia.com).
Eligibility Criteria:
Must file FCC Form 477; data shared twice annually with WV Broadband Mapping Program (regulations.justia.com).
Eligible applicants: local governments; broadband/telecom service providers; mobile radio service providers; non‑profits; community orgs; public‑private partnerships.
Ineligible: individuals (regulations.justia.com).
Applicant Qualifications:
Infrastructure applicants must demonstrate prior experience in similar projects.
Demand‑promotion applicants must show capability to conduct proposed projects (regulations.justia.com).
🏛 Regulatory Origin & Authority
The Council’s power to promulgate this rule stems from legislative action:
Senate Bill 228 and House Bill 2650 authorized the rule, originally filed August 10, 2012, emergency‑filed and re‑submitted by January 22, 2013; fully authorized in 2013 (wvlegislature.gov, legis.state.wv.us).
✅ Summary
Agency 208 provides the framework under which the Broadband Deployment Council awards and governs grant funding aimed at expanding broadband into underserved parts of West Virginia. It covers naming conventions, definitions, confidentiality, categorization of service areas, eligibility, evaluation processes, conflict avoidance, award mechanisms, and required post-award oversight.
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