§1363.1. Mapping areas for broadband service

            A.(1) The office of broadband development and connectivity shall secure information from any entity, public or private, providing internet service to at least one location in the state to assist the office in compiling a statewide parish-by-parish broadband map identifying the locations and capability of broadband service in the state. At the request of the office, any such entity shall submit to the office, on or before fifteen days following the expiration of the date required for submission to the federal government, broadband deployment information containing the same information and in the same format the information is submitted to the Federal Communications Commission, in a manner specified by the office. In no instance shall an entity be required to provide any data beyond that which it is required to provide to the Federal Communications Commission.

            (2) Any entity, public or private, providing internet service to at least one location in the state, that does not comply with the requirements of this Section or submits inaccurate information, may be ineligible to participate in, or receive any funding from, any state-administered grant program designated for broadband infrastructure deployment in the state in the calendar year of noncompliance and the following calendar year.

            (3) Any location in the state purportedly served by any entity, public or private, providing internet service to at least one location in the state that does not comply with the requirements of this Section may be considered to have internet access service of less than twenty-five megabits per second for download and three megabits per second for upload.

            (4) Any broadband availability data provided in accordance with this Section shall strictly be used for the purpose of identifying served, underserved, and unserved areas to aid in the administration of the "Granting Unserved Municipalities Broadband Opportunities" program, and for no other purpose whatsoever.

            (5) Any entity submitting broadband data to the office of broadband development and connectivity as required by this Section may review the proposed draft of the state broadband map and submit any necessary corrective data to the office prior to the publication or utilization of the state broadband map for any state-administered grant program designated for broadband infrastructure deployment in the state.

            (6) Any entity submitting broadband data to the office of broadband development and connectivity as required by this Section may challenge any area ultimately deemed eligible for any state-administered grant program designated for broadband infrastructure deployment in the state that overlaps with an entity's verified service territory.

            B.(1) The office may contract with a private entity or third-party consultant to develop and maintain the state broadband map. Any contract entered into by the office and a private entity or third-party consultant for the purpose of developing and maintaining the state broadband map shall include a confidentiality agreement prohibiting the disclosure of any broadband data provided in accordance with this Section.

            (2) Information compiled pursuant to the provisions of this Section is exempt from the Public Records Law and is considered confidential, proprietary, and a trade secret of the entity providing the information. The office, including any private entity or third-party consultant retained or employed pursuant to this Section, shall keep strictly confidential and shall not disclose, or cause or permit to be disclosed, to any third person, private entity, or public body as defined by R.S. 44:1, any broadband availability data provided in accordance with this Section. The office, including any private entity or third-party consultant retained or employed pursuant to this Section, shall take all actions reasonably necessary to ensure that the broadband availability data remains strictly confidential and is not disclosed to or seen, used, or obtained by any third person, private entity, or public body as defined by R.S. 44:1.

            C. The requirements of this Section shall terminate under any one of the following conditions, whichever occurs first:

            (1) Upon a determination by the office of broadband development and connectivity that it is no longer necessary to compile a statewide parish-by-parish broadband map identifying the locations and capability of broadband service in the state.

            (2) At midnight on December 31, 2026.

            D. The office may promulgate rules necessary to carry out the provisions of this Section in accordance with the provisions of the Administrative Procedure Act.

            E.(1) The office may create a grant program and promulgate rules to prevent damage to existing utilities and ensure proper documentation of utilities associated with the grant program. After review by the House Committee on Commerce and the Senate Committee on Commerce, Consumer Protection and International Affairs, the Joint Legislative Committee on the Budget shall review and approve the rules and regulations before implementation.

            (2) Data collected or provided in accordance with this Subsection on infrastructure owned, operated, leased, or otherwise used by an internet service provider or telecommunications provider, or its affiliates or subsidiaries, shall be confidential and exempt from the Public Records Law, R.S. 44:4.1 et seq., and exempt from disclosure under any other provision of law.

            (3) No GUMBO 2.0 applicant or grantee shall be liable for damages or required to pay any penalty to any person or governmental entity for an act or omission of a local government, utility system, or the office related to or arising from the collection of data pursuant to this Subsection.

            (4) Nothing in this Subsection shall be construed to relieve any person or operator of a public or private underground facility or utility of its obligations under the Louisiana Underground Utilities and Facilities Damage Prevention Law, R.S. 40:1749.11 et seq.

            F. The office shall not hire more than one additional full-time employee to carry out the provisions of the Section.

            Acts 2022, No. 760, §1, eff. June 18, 2022; Acts 2024, No. 632, §1.