These rules govern how the BDO, under the purview of the State Comptroller of Public Accounts (CPA) will allocate funds for connecting Texas via the Infrastructure Investment and Jobs Act (IIJA), including a grant of $8.1 million toward broadband and Internet equity efforts in the state.
There were some changes made to the original proposed rules; however, they must align with state law and federal guidelines. The state law was established with House Bill 5 under the 87th Legislature.
These rules and commentary from the CPA take up some 20 pages. Including but not limited to, they address:
- Definitions
- Notices of funding
- Area eligibility and overlap
- Use of the federal broadband map
- Application processes, including evaluation and protests
- Awards, agreements, reporting and compliance
More than 200 comments were received from private and public entities, and those voicing concerns are listed in the Feb. 10 Register.
Of note, concerns regarding rural areas across Texas remain. Leaders in West Texas, with swaths of open land and scattered populations, and East Texas, with denser but still small populations, both expressed concerns of being overlooked due to lack of profitability for large corporate players.
However, the comptroller continues to state that “no area in Texas should be left out from receiving funding under the program because of the high cost of deploying broadband.”
Speed concerns were also raised. Many have voiced that the federal government’s threshold of 25/3 mbps for speeds isn’t high enough for current needs and, in turn, isn’t future-proof. However, the state needs to align with federal guidelines, according to documents.
Another continued question is how unserved and underserved areas are delineated to allow funding. Census blocks are the current method and will remain so.
Again, the document states: “The comptroller is sympathetic to the concerns raised by these comments and agrees that ensuring that no community is placed at a disadvantage is critical to successfully expanding broadband connectivity throughout the state.”
The comptroller has oversight over the BDO, issued the Texas Broadband Plan and released a state broadband map. The office is also charged with awarding grants and monies, setting the threshold speed for broadband, providing community outreach and addressing barriers to expansion.
