90-1-605. (Temporary) Eligible proposals. (1) Eligible providers who submit responsive proposals:

(a) may not receive funds under any other federal or state government grant or loan program where government funding supports 100% of the proposed project's capital costs;

(b) shall commit to paying not less than the minimum matching amount required by the Infrastructure Investment and Jobs Act, Public Law 117-58, and may not provide a minimum matching amount from any funds derived from government grants or subsidies, except for federal funds designated by the Infrastructure Investment and Jobs Act, Public Law 117-58. Local and tribal governments, in partnership with an eligible provider, may provide funding for broadband infrastructure projects consistent with the provisions of this part and as provided by the national telecommunications and information administration.

(c) may only be a nongovernment entity with demonstrated experience in providing broadband service or other communications services to end-user residential or business customers in the state, unless the government entity or tribe applies in partnership with an eligible broadband service provider; and

(d) shall to the extent required by state or federal law, comply with any affordability requirements.

(2) The department, with approval from the commission, may submit a match waiver to the national telecommunications and information administration if a proposal is within an extremely high cost per location threshold or high-cost area or if the commission considers additional special circumstances exist and that a waiver would serve the public interest and effectuate the purposes of the broadband, equity, access, and deployment program. (Terminates on occurrence of contingency--sec. 9, Ch. 696, L. 2023.)