Live Free or Die Legal
This website is not an official source of law. This website does not provide legal advice. For official legal materials, verify against the relevant court, legislature, agency, or other official source. Legal information may be incomplete, outdated, or incorrectly processed. Consult a qualified attorney for advice about a specific legal matter.

This RSA section is an unofficial mirror, is not legal advice, and may be incomplete, outdated, or incorrectly processed.

RSA 12-O:62 · Program Guidelines; Rulemaking

Title
I: THE STATE AND ITS GOVERNMENT
Chapter
12-O · DEPARTMENT OF BUSINESS AND ECONOMIC AFFAIRS
Status
current
Official source linked
Yes
Official source Copy section link

12-O:62 Program Guidelines; Rulemaking. –

Copy link
I.

The department of business and economic affairs shall adopt rules under RSA 541-A, relative to grant application and distribution procedures.

Copy link
II.

The rules shall, at a minimum, include the following:

Copy link
(a)

Establishment of a technology-neutral competitive grant process based on objective criteria.

Copy link
(b)

Establishment of a challenge process, with reasonable timelines, through which information may be provided to the state to ensure that funds are not used to build projects in served areas or areas where construction has commenced. For the purposes of this subdivision, construction has commenced when a provider initiates the make-ready process or begins construction of broadband infrastructure in the project area. A provider who successfully challenges an application's eligibility for funding because construction has commenced shall complete construction as soon as practical and without undue delay.

Copy link
(c)

A method to ensure an applicant's trade secrets, financial information, and proprietary information submitted as part of an application are exempt from disclosure under RSA 91-A.

Copy link
(d)

Establishment of a process that promotes faster service, up to and including gigabit service.

Copy link
III.

The department of business and economic affairs shall ensure that any grants awarded to broadband providers are provided with an appropriate level of consultation with the local governing bodies and a determination that the grants advance the goal of deploying broadband to unserved areas within communities.

Copy link
IV.

Eligible costs for the program shall include, but are not limited to:

Copy link
(a)

Costs associated with access to utility poles and other necessary structures.

Copy link
(b)

Construction of broadband network infrastructure in eligible areas.

Copy link
(c)

Construction of service connections to individual homes or businesses.

Copy link
(d)

Upgrades to existing infrastructure that currently provides service that does not meet the minimum definition of broadband in RSA 38:38, I(c).

Copy link
(e)

All other costs directly attributable to the construction project. In cases where a cost is shared with another ongoing project, shared costs shall be prorated.

Copy link
(f)

Planning costs related to network design and program eligibility.

Copy link
V.

Eligible costs shall not include any operating expenses or other recurring costs.

Copy link
VI.

The broadband provider, political subdivision, or communications district shall provide a minimum of 25 percent of the total cost of the project. Sources of the match may include revenue bonds issued by the political subdivision, bonds issued by the communication district, or private investment by broadband providers either jointly or independently. Sources of the match provided by broadband providers shall not include other federal or state funding awarded specifically to support the expansion of broadband networks.

Copy link
VII.

The department of business and economic affairs shall not, as a condition of an award of grant money, impose any requirement, rate regulation, or other term or condition of service that differs from the applicant's terms or conditions of service in its other service areas.

Copy link
VIII.

If the provisions of RSA 12-O:61, RSA 12-O:62, or RSA 12-O:63 conflict with the provisions of the federal funding guidance, specifically for the purposes of the broadband matching grant initiative or the broadband matching grant fund, the federal funding guidance shall control.

Copy link
IX.

(a) The commissioner of the department of business and economic affairs shall submit a quarterly report, beginning July 1, 2022, to the fiscal committee of the general court, which includes:

Copy link
(1)

The number of grant applications received by the department.

Copy link
(2)

A list of the grants approved by the department, including the broadband provider, the political subdivisions covered, and the dollar amount of each grant.

Copy link
(3)

A list of grants denied by the department.

Copy link
(4)

The details of any successful or unsuccessful appeal of a department decision to deny an application.

Copy link
(5)

The details of any federal coronavirus capital project funds, authorized by the American Rescue Plan Act of 2021, appropriated for reasons not included in the broadband matching grant initiative.

Copy link
(6)

The details of any remaining available federal coronavirus capital project funds, authorized by the American Rescue Plan Act of 2021. Source. 2021, 91:457, eff. July 1, 2021. 2022, 280:1, 3 and 4, eff. June 24, 2022.

Copy link

Source note

Source. 2021, 91:457, eff. July 1, 2021. 2022, 280:1, 3 and 4, eff. June 24, 2022.

Source history

  • 2021, 91:457, eff. July 1, 2021
  • 2022, 280:1, 3 and 4, eff. June 24, 2022

Related materials

Bill relationships

  • 2026 HB1764 amend · effective 2026-04-01

    ce housing development. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Municipal Workforce Housing Targets. Amend RSA 12-O by inserting after section 70 the following new subdivision: Municipal Workforce Housing Targets 12-O:70-a Municipal Workforce Housing Targets. I. The department of business and economic affairs, in partnership w

  • 2026 HB1764-FN amend · effective 2026-04-01

    ce housing development. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Municipal Workforce Housing Targets. Amend RSA 12-O by inserting after section 70 the following new subdivision: Municipal Workforce Housing Targets 12-O:70-a Municipal Workforce Housing Targets. I. The department of business and economic affairs, in partnership w

  • 2026 HB572 amend · effective 2025-07-01

    a residential use into a publicly available list of properties available for grant or loan funding pursuant to RSA 12-O:72-a. 5 New Section; Partners in Housing Program. Amend RSA 12-O by inserting after section 72 the following new section: 12-O:72-a Partners in Housing Program. The department shall establish a program, known as the partners in housing program, for the purpose of building workforc

  • 2026 HB572-FN amend

    a residential use into a publicly available list of properties available for grant or loan funding pursuant to RSA 12-O:72-a. 5 New Section; Partners in Housing Program. Amend RSA 12-O by inserting after section 72 the following new section: 12-O:72-a Partners in Housing Program. The department shall establish a program, known as the partners in housing program, for the purpose of building workforc

  • 2026 SB526 amend · effective 2026-05-08

    ire-Greece trade council. Be it Enacted by the Senate and House of Representatives in General Court convened: 66:1 New Section; New Hampshire-Greece Trade Council. Amend RSA 12-O by inserting after section 23-a the following new section: 12-O:23-b New Hampshire-Greece Trade Council. I. The general court finds as follows: (a) Greek-Americans were an important part of New Hampshire's ea

  • 2026 SB637 amend · effective 2026-07-01

    House of Representatives in General Court convened: 1 Short Title. This subdivision shall be known as the “Eat Local Act.” 2 New Subdivision; Local Farm Registry. Amend RSA 12-O by inserting after section 76 the following new subdivision: Local Farm Registry 12-O:77 Definitions. In this subdivision: I. “Department” means the department of business and economic affairs. II. “Registered far

  • 2026 SB637-FN amend · effective 2026-07-01

    House of Representatives in General Court convened: 1 Short Title. This subdivision shall be known as the “Eat Local Act.” 2 New Subdivision; Local Farm Registry. Amend RSA 12-O by inserting after section 76 the following new subdivision: Local Farm Registry 12-O:77 Definitions. In this subdivision: I. “Department” means the department of business and economic affairs. II. “Registered far

  • 2026 SB638 amend · effective 2027-01-01

    ion fund established in RSA 12-O:23-b. 4 New Section; The State and Its Government; Department of Business and Economic Affairs; Small Business Tariff Stabilization Fund. Amend RSA 12-O by inserting after section 23-a the following new section: 12-O:23-b Small Business Tariff Stabilization Fund. I. There is hereby established the small business tariff stabilization fund, which shall be kept separat

  • 2026 SB638-FN amend · effective 2027-01-01

    ion fund established in RSA 12-O:23-b. 4 New Section; The State and Its Government; Department of Business and Economic Affairs; Small Business Tariff Stabilization Fund. Amend RSA 12-O by inserting after section 23-a the following new section: 12-O:23-b Small Business Tariff Stabilization Fund. I. There is hereby established the small business tariff stabilization fund, which shall be kept separat

  • 2025 HB2 add

    ment by the select board as a residential use into a publicly available list of properties available for grant or loan funding pursuant to RSA 12-O:72-a. 141:212 New Section; Partners in Housing Program. Amend RSA 12-O by inserting after section 72 the following new section: 12-O:72-a Partners in Housing Program. The department shall establish a program, known as the partners in housing program, for the purpose of building w