{"data":{"id":"us-ky/krs-224a.1121","jurisdiction":"us-ky","citation":"KRS 224A.1121","heading":"Purpose  of broadband  deployment  account -- Grant program  --","body":"Funding  criteria and prioritization schedules -- Guidelines and standards\nfor grants -- Applications available to public -- Challenge -- Partial funding\n-- Administrative regulations.\n(1) (a) The  purpose of the broadband  deployment fund set forth in KRS\n224A.112 shall be to:\n1. Assist governmental agencies and  private sector entities to\nconstruct infrastructure for the deployment of broadband service to\nunderserved or unserved areas of the Commonwealth; and\n2. Provide supplemental funding for recipients of federal government\nawards  specifically to support the deployment or expansion of\nbroadband networks.\n(b) The  office shall manage  the fund and  may  accept and  receive\nappropriations from the General Assembly or other funds or gifts from\nboth  public and  private sources, including but not limited to local\ngovernments and federal agencies.\n(2) The  office shall establish a grant program that allocates funds from the\nbroadband deployment fund in accordance with this section.\n(3) (a) The  office shall issue grant applications for all projects awarded grant\nfunds on or after April 5, 2022.\n(b) Grant funds may  be used by government or private sector entities for\nbroadband deployment projects.\n(4) The  office shall develop funding criteria and  prioritization schedules for\nbroadband deployment projects in accordance with this section.\n(5) (a) The  office shall establish guidelines and standards for applying for and\napproving grants from the broadband deployment fund according to the\nminimum  requirements in this section. No additional requirement shall be\nadded which could delay broadband deployment.\n(b) An eligible applicant shall submit an application to the office.\n(c) An application for a grant shall contain any information the office requires,\nincluding but not limited to:\n1. A shapefile of the broadband deployment project area and a list of\naddresses in the broadband deployment project area;\n2. A  description of the broadband  deployment project, including\nfacilities, equipment, total cost, timeframe for completion, and\nnetwork capabilities, including minimum speed thresholds;\n3. Documentation  of  the  applicant's technical, financial, and\nmanagerial resources and experience to build, operate, and manage\nbroadband  networks serving citizens, households, and businesses\nin  Kentucky, including a  detailed project management  plan\nidentifying staff, contractors, and key responsibilities;\n4. Documentation of the economic and commercial feasibility of the\nproposed broadband deployment project, including a detailed project\nbudget and documentation of availability of supplies;\n5. The number of addresses within the broadband deployment project\narea that would have new access to broadband as a result of the\ngrant;\n6. The  amount of matching funds the eligible applicant will contribute\nand a certification that no portion of the matching funds is derived\nfrom any state or federal grant received for the purpose of funding\nbroadband infrastructure within the project area; and\n7. A certification that none of the funds provided by the program for the\nproject in the application will be used to extend or deploy facilities to\nany currently served addresses.\n(6) The  office shall make  all information within each application available to the\npublic within five (5) business days following the deadline for submission of\napplications, provided the information contained within an application is not\nexempt  from disclosure under the provisions of the Open  Records Act, KRS\n61.870 to 61.884. The description of the geographic scope of the broadband\ndeployment project area shall not be exempt under the Open  Records Act,\nKRS  61.870 to 61.884, and shall be made available to the public within five (5)\ndays after submission of the application.\n(7) (a) As  part of the grant application process under subsection (5) of this\nsection, the office shall include an  opportunity for a  challenging\nbroadband service provider to challenge an application within fifteen (15)\nbusiness days of making all information available to the public under\nsubsection (6) of this section.\n(b) A challenging provider shall provide the office with proof that:\n1. The broadband deployment project area is:\na. Currently served; or\nb. Under  construction for provision of broadband service within\ntwelve (12) months of the challenge; or\n2. The  applicant has received funds from another state or federally\nfunded  grant  program  designed  to  encourage  broadband\ndeployment in the broadband deployment project area that covers\nmore than fifty percent (50%) of the eligible project expenses.\n(c) As part of the challenge process and in order to meet the burden of proof\nin paragraph (b) of this subsection, the challenging provider shall submit:\n1. A  shapefile and a list of addresses containing all addresses within\nthe  broadband  deployment  project area that the challenging\nbroadband  service provider currently serves and the maximum\nmegabits  per second  downstream  speed  and  the maximum\nmegabits per second upstream speed provided to each challenged\naddress;\n2. A  feasibility study, construction plan,  or  other  relevant\ndocumentation that clearly and convincingly demonstrates that the\nchallenging broadband service provider will be under construction\nwithin twelve (12) months of the application date for the broadband\ndeployment fund grant, which may  be extended by the office an\nadditional six (6) months because of undue construction delays; or\n3. Loan documents, grant award receipts, or other financial information\nthat clearly and convincingly demonstrates to the office that the\nchallenging broadband  service provider has received adequate\nfunds from another state or federally funded grant program designed\nto encourage broadband deployment in the area.\n(d) Within five (5) business days of a challenge being submitted to the office,\nthe provider submitting the application which is challenged shall be\nprovided copies of all challenge material.\n(e) The office shall treat any information submitted as part of a challenge as\nconfidential and exempt from disclosure under the Open  Records Act,\nKRS  61.870 to 61.884, upon  the challenging provider's request for\nconfidential treatment.\n(f) Within fifteen (15) business days of receipt of the copies under paragraph\n(d) of this subsection, the applicant shall respond to the challenge.\n(g) Once  the response to the challenge is submitted to the office by the\napplicant, the office shall have fifteen (15) business days to resolve the\ndispute.\n(h) Upon  a determination that a challenge is unsuccessful because the\nchallenging provider is unable to prove, within the timeframe provided\nunder  this section, that the provider currently serves a broadband\ndeployment project area, the office shall move  forward with the funding\nprocess provided in this section.\n(8) (a) Upon  a determination that an application meets the funding criteria, but\nthe proposed project area is found to be partially served, the applicant\nmay  amend and resubmit the application within fifteen (15) business days\nand  the office may  grant partial funding based on the partial service\nprovided in order to ensure that grant funds are used to only provide\nbroadband service to addresses deemed underserved or unserved.\n(b) In the event of a challenge that involves subsection (7)(c)2. of this section\nand  those addresses are not under construction within twelve (12)\nmonths, or eighteen (18) months if extended by the office, the challenging\nprovider shall pay a civil penalty to the broadband deployment fund in an\namount equal to the amount of grant funding for those addresses plus ten\npercent (10%).\n(9) When  awarding grant funds, the office shall award funding to addresses with\nno  service first, then to addresses that are unserved, and then lastly to\naddresses that are underserved. The office shall:\n(a) Score the unserved and underserved grant applications based on the\nfollowing criteria, giving priority consideration in the order listed:\n1. Projects in unserved and  underserved areas that reach the\ncustomers that are the least economical to serve, in the following\norder;\na. Projects that average zero to five (5) locations per route mile;\nb. Projects that average five (5) to ten (10) locations per route\nmile; and\nc. Projects that average eleven (11) locations or more per route\nmile;\n2. Projects in unserved and underserved areas where local, state, or\nfederal funds are not available;\n3. Fiber-to-the-premise projects that will deploy broadband services\nwith a capacity to transmit data from or to the Internet with\nsymmetrical downstream and upstream speeds of at least one (1)\ngigabit;\n4. Projects deploying infrastructure capable of achieving symmetrical\nspeeds  at a minimum  of one hundred (100) megabits per second\ndownload and upload speeds;\n5. The  size and the scope of the unserved and underserved area\nproposed to be served;\n6. The technical, managerial, and financial capabilities of the applicant,\ndemonstrating the ability to successfully deploy the proposed project\nand provide broadband service;\n7. A  project requesting less than fifty percent (50%) funding from the\nrequested grant;\n8. Projects that will be eligible for the Affordable Connectivity Program\nfor  low-income  consumers  administered by  the  Federal\nCommunications Commission; and\n9. Projects that plan to encourage adoption of broadband services,\nincluding community  outreach to promote  adoption, technical\nsupport, and training on how to connect;\n(b) Award  no more than fifty percent (50%) of the total project cost, unless\nthe project meets the following density requirements:\n1. Projects that average zero to five (5) locations per route mile, which\nmay  be eligible for reimbursement of up to seventy percent (70%) of\nthe cost of the project;\n2. Projects that average five (5) to ten (10) locations per route mile,\nwhich may be eligible for reimbursement of up to sixty percent (60%)\nof the cost of the project; and\n3. Projects that average eleven (11) locations or more per route mile,\nwhich may be eligible for reimbursement of fifty percent (50%) of the\ncost of the project;\n(c) Require the remaining project costs to be paid by matching funds from:\n1. A private source, including but not limited to financial institutions that\nserve distribution cooperatives;\n2. A  city, county, urban-county government, or consolidated local\ngovernment; or\n3. Any  combination  of  matching  moneys  provided  under\nsubparagraphs 1. and 2. of this paragraph;\n(d) Allow eligible project expenses, including those that are incurred starting\non or after the date in the written acknowledgement of acceptance issued\nunder paragraph (f) of this subsection and ending at the conclusion of the\ngrant project, or grant project contractual term, whichever is earlier, and\nmay  include:\n1. Project engineering or design plans;\n2. Permitting;\n3. Pre-construction costs to make ready the project site;\n4. Outside plant materials, including fiber; poles, hardware, conduit or\nsplitters;\n5. Labor, construction management, and equipment; and\n6. Installation and testing of the broadband services;\n(e) Make  a determination that an application meets the funding criteria,\nunless the proposed project area is found to be partially served, in which\ncase the application may be amended  and partial funding based on the\npartial service provided may be granted; and\n(f) 1. Issue within sixty (60) days of receipt of an application for grant\nfunds, except in the case of a challenged application under the\ntimeline in subsection (7) of this section, a written acknowledgement\nof either:\na. Acceptance;\nb. Denial and any reasons for denial of the application; or\nc. A request for additional information to process the application\nlisting the specific information required; and\n2. Issue grant funds to the applicant by the fifteenth day of the month,\nor the next business day if the fifteenth day falls on a weekend day\nor state or federal holiday, when  a complete requisition of funds\npacket is received prior to the fifth day of the month.\n(10) The  office shall not reimburse applicants for special construction charges,\nincluding fees or charges imposed upon the end user as a condition of\nreceiving broadband service at an address.\n(11) The office may provide an incentive for timely completion or a disincentive for\nnot meeting agreed upon timeframes.\n(12) Grant funds awarded to an applicant to supplement the applicant's federal fund\naward may not be used for costs that will be reimbursed by the other federal\nfunds.\n(13) No funds shall be used:\n(a) To  support any broadband deployment project involving the upgrade of\nan  existing facility already delivering broadband services, including an\nupgrade  of existing wireline, or terrestrial infrastructure capable of\ndelivering services greater than twenty-five (25) megabits per second\ndownstream and three (3) megabits per second upstream; or\n(b) For  non-capital expenses, non-broadband  services, marketing, or\nadvertising.\n(14) Moneys  in this fund shall not be used by or transferred to the Kentucky\nCommunications Network Authority.\n(15)(a) To  carry out the purposes of this section, the office may  promulgate\nadministration regulations under KRS Chapter 13A.\n(b) The office shall not promulgate any regulations that place obligations on\nthe applicants that are more restrictive than applicable federal or state\nlaw.\n(c) In the event that any state law or administrative regulation affecting the\nbroadband  deployment fund conflicts with any federal law or regulation\nrelated to federal broadband funding, the federal law or regulation shall\ngovern. The office may  adopt state and local program requirements to\ncomply with all federal laws and regulation related to federal broadband\nfunding.","path":["KRS Chapter 224A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52196","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:42Z","sha256":"c1896a4c95054449929520b279604012aa331d5f897e1999bc39f554ec58966b","source_id":"us-ky","stale":false,"prev":"us-ky/krs-224a.112","next":"us-ky/krs-224a.1123"},"notice":"GroundRules: Original legal text. Not legal advice."}