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Home Source documents Assembly Commerce and Economic Development Committee Statement to Assembly, No. 4808, Dated October 21, 2020

Assembly Commerce and Economic Development Committee Statement to Assembly, No. 4808, Dated October 21, 2020

Summary

Statement of the Assembly Commerce and Economic Development Committee of the State of New Jersey, dated October 21, 2020, reporting Assembly Bill 4808 favorably. The bill would establish a Broadband Assistance Office in the Board of Public Utilities to formulate and execute a comprehensive Statewide policy for wired broadband service provided by government entities, and would let a government entity develop a broadband project under a public-private partnership agreement. The office would map Internet connectivity, engage stakeholders, coordinate financial and technical assistance to municipalities lacking adequate or affordable service, set qualifications for project partners, and monitor project policies. The bill creates a non-lapsing State Broadband Fund in the board and requires an annual report to the Governor and the Legislature on each broadband project.

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Full text

ASSEMBLY COMMERCE AND ECONOMIC DEVELOPMENT COMMITTEE

STATEMENT TO

ASSEMBLY,
No. 4808

STATE
OF NEW JERSEY

DATED: OCTOBER
21, 2020

The Assembly Commerce and Economic Development Committee
reports favorably Assembly Bill No. 4808.

This
bill would establish, in the Board of Public Utilities (BPU), the “Broadband
Assistance Office” (broadband office), and require the office to formulate and
execute a comprehensive Statewide policy to foster the provision of wired
broadband service by government entities. The bill would allow a government
entity to develop a broadband project under a public-private partnership (P3) agreement.
The broadband office would be responsible for promoting and approving broadband
projects under the bill. The broadband office would establish guidelines for
the office’s approval, designation, operation, and reporting of broadband
projects. The broadband office would oversee, coordinate, and provide
assistance for broadband projects approved by the broadband office.

The
bill would bestow the following duties and responsibilities upon the broadband
office:

· mapping
Internet connectivity within the State;

· engaging with
stakeholders, such as broadband infrastructure developers, broadband service
providers, and local government and school officials representing underserved
communities;

· coordinating
financial and technical assistance to municipalities that lack adequate
broadband service, or which contain households and small businesses that cannot
currently afford to receive broadband service;

· encouraging
government and private entities to invest in broadband projects;

· assisting
government and private entities to develop broadband projects;

· promoting informed
and timely decision-making with regard to the development of broadband
projects;

· establishing
appropriate qualifications for government and private entities undertaking a
broadband project under a P3 agreement; and

· monitoring and
enforcing the broadband project policies and procedures established pursuant to
the bill, which may include a provision for potential revenue sharing
opportunities between a government entity and a private entity in certain
defined or agreed circumstances, including broadband projects that achieve
profits that exceed a negotiated rate of return established for a private
entity in a P3 agreement.

In
evaluating a proposed broadband project, the bill would require the broadband
office to: 1) consider whether leasing or purchasing broadband infrastructure is
more advantageous in providing faster broadband service; 2) consider whether a
government entity or a non-profit corporation should provide broadband
infrastructure or broadband service to an underserved community; 3) evaluate
methods used by communities across the country to provide broadband
infrastructure or broadband service to an underserved community; 4) determine
the most cost effective method in which to establish broadband infrastructure
and broadband service; and 5) explore all possible sources of funding and
technical assistance for the establishment of broadband infrastructure and
broadband service in underserved communities.

The
bill would establish in the BPU the non-lapsing “State Broadband Fund”
(broadband fund) to fund operation of the broadband office. The BPU would
determine the level of funding and the appropriate administration of the
broadband fund. The bill would require the BPU to provide sufficient funding
to the broadband office to enable the office to provide funding for underserved
communities to pay for broadband service and for the installation or expanded
use of broadband infrastructure for communities that lack broadband access,
specifically the portion of a communications infrastructure network that
physically reaches the residents' or small business’s premises within those
communities.

The
bill would require BPU to annually report to the Governor and the Legislature
the number, nature, structure, and scope of each broadband project developed,
and whether the broadband project is developed under a P3 agreement. Among
other things, the report would set forth recommendations for improving the program
to better foster the development of broadband projects.

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