[ Text of section effective until August 4, 2008. For text effective August 4, 2008, see below.]
Section 6B. (a) The corporation shall establish a council for wireless internet, cellular and broadband development, to be known as the wireless and broadband development council. The executive director of the John Adams Innovation Institute, established pursuant to section 6A, shall serve without additional compensation as the executive director of the council. The purpose of the council shall be to serve as an agent of the commonwealth to create and maintain a more favorable and responsive environment in the commonwealth for the development of wireless internet, cellular and broadband infrastructure. The council shall seek to promote access to high speed internet connectivity and telecommunications across the commonwealth, with a special interest in enhancing and increasing wireless internet, cellular and broadband coverage in underserved communities, to promote economic development, meet the commonwealth's homeland security and emergency preparedness needs, improve government efficiency, and improve the quality of life for the commonwealth's residents. The council shall be comprised of 13 members, 1 of whom shall be the director of wireless and broadband development within the Massachusetts office of business development; 1 of whom shall be the secretary of economic affairs; 1 of whom shall be the chairman of the commonwealth development council; 1 of whom shall be the chairman of the department of telecommunications and energy; 1 of whom shall be designated by the Franklin-Hampshire Connect; 1 of whom shall be designated by the Berkshire Connect; 1 of whom shall be designated by the Massachusetts Association of Regional Planning Agencies; 1 of whom shall be designated by the Massachusetts Municipal Association; and 5 of whom shall be appointed by the governor, 1 of whom shall be a representative from the telecommunications industry; 1 of whom shall be a representative from the cable television telecommunications industry; 1 of whom shall be a representative of a small-to-medium sized local exchange carrier; 1 of whom shall have expertise in state and federal law concerning telecommunications technology; and 1 of whom shall be a member of the public. The council shall develop and recommend strategies to achieve the rollout of universal wireless internet, cellular and broadband coverage to every municipality in the commonwealth in a manner consistent with the duties of the director of wireless and broadband development established pursuant to section 3 of chapter 23A. The council shall: (i) identify appropriate technologies and strategies to ensure wireless and broadband internet service into underserved communities; (ii) investigate new technologies in order to maintain the commonwealth's position as a leader in the adoption of telecommunications technology; (iii) facilitate the development of private, joint public-private or public initiatives which afford open, competitive, content neutral services accessible via multiple carriers; (iv) assist the director of wireless and broadband development, in taking other action considered necessary to fulfill the goal of ensuring that the commonwealth remains a leader in the wireless and high-speed connectivity marketplace choice in all communities, including those currently underserved. In effectuating his duties pursuant to this section, the executive director may, subject to the approval of the council; (i) enter into contracts and agreements and execute all instruments necessary or convenient thereto for accomplishing the purposes of this section; (ii) distribute grants to municipal governments and private parties to expand wireless and broadband access in underserved communities; (iii) appear before boards, commissions, departments or other agencies of municipal, state or federal government; (iv) prepare, publish and distribute, with or without charge, as the council may determine, such studies, reports and bulletins and other material as the council deems appropriate; and (v) take other action considered necessary to fulfill the goal of making the commonwealth a leader in wireless and high-speed connectivity marketplace choice in all communities, including those currently underserved.
(b) The council shall annually review state and local initiatives to expand wireless internet, cellular and broadband access and shall provide guidance and recommendations to the governor, the general court, and municipal governments concerning such activities. The council shall annually submit any recommendations and reports on progress being made toward achieving these goals, including a cost analysis of ongoing initiatives and a needs assessment of such initiatives, to the director of wireless and broadband development, the chairs of the house and senate committees on ways and means, the chairs of the joint committee on economic development and emerging technologies, and the chairs of the joint committee on small business and community development.
Chapter 40J: Section 6B. Massachusetts Broadband Institute; board of directors; broadband infrastructure; plan of operation; disbursement of funds; annual report
[ Text of section as amended by 2008, 231, Sec. 6 effective August 4, 2008. For text effective until August 4, 2008, see above.]
Section 6B. (a) As used in this section and in section 6C, the following words shall, unless the context clearly requires otherwise, have the following meanings:--
"Board'', the board of the Massachusetts Broadband Institute established by subsection (c).
"Broadband'', high-speed internet access, including wireless internet access, and as may be further defined by the board.
"Fund'', the Massachusetts Broadband Incentive Fund established by section 6C.
"Institute'', the Massachusetts Broadband Institute established by subsection (b).
(b) The corporation shall establish an institute for investment in broadband infrastructure in the commonwealth, to be known as the Massachusetts Broadband Institute. The executive director of the corporation, subject to the approval of the board, shall appoint a qualified individual as director to manage the affairs of the institute. The purpose of the institute shall be to achieve the deployment of affordable and ubiquitous broadband access across the commonwealth. The objectives of the institute shall include: (i) assessing and improving broadband access conditions in communities that have no access or have limited or insufficient access to broadband; (ii) promoting robust broadband access for essential state and local governmental services including, without limitation, public safety, health and education; (iii) promoting increased availability of, and competition for, broadband access and related services; and (iv) creating conditions that will encourage economic competitiveness and growth. The first priority of the institute shall be to assess and improve conditions in the commonwealth's communities that have no broadband access.
(c) The institute shall be governed and its corporate powers exercised by a board of directors, which shall consist of the following 9 members: the secretary of administration and finance or his designee; the secretary of housing and economic development or his designee; the commissioner of telecommunications and cable or his designee; the executive director of the corporation or his designee; and the chairman of the governing board of the John Adams Innovation Institute or his designee; and 4 members to be appointed by the governor, all of whom shall have knowledge and experience in 1 or more of the following areas: telecommunications, broadband infrastructure, public-private partnership development, information technology or other fields of experience consistent with the mission of the institute. The governor shall, from time to time, designate 1 member to chair the board. Each member appointed by the governor shall serve a term of 4 years and thereafter until his successor is appointed. Any person appointed to fill a vacancy on the board shall be appointed in a like manner and shall serve for only the unexpired term of such member. Any appointed member shall be eligible for reappointment. An appointed member may be removed by the governor for cause. Five members of the board shall constitute a quorum, and the affirmative vote of a majority of the members present and eligible to vote at a meeting shall be necessary for any action to be taken by the board. The members shall serve without compensation, but each member shall be entitled to reimbursement for actual and necessary expenses incurred in the performance of his official duties. The board shall meet at least 4 times annually.
(d) The board shall leverage private sector and federal investment by financing the construction and acquisition of broadband infrastructure to promote the development of broadband access. This broadband infrastructure shall include, but not be limited to, conduit, fiber and towers. Any equipment or other property financed by the institute shall be owned by the corporation, the commonwealth or 1 or more other public entities, but may be leased or licensed by the institute, for a fee or otherwise, for use by nonprofit or for-profit private-sector entities. Any such transaction shall constitute a transaction with the commonwealth for the purpose of chapter 30B. The lessee or licensee shall pay any lease or license fees to the corporation, which shall credit them to the fund. The institute may provide and pay for advisory services and technical assistance as may be necessary or desired to carry out its purposes.
The board may work in collaboration with the corporation and other quasi-public and nonprofit entities and state agencies, and may provide advisory assistance to local entities, local authorities, public bodies and private corporations for the purposes of maximizing opportunities for the expansion of broadband access in the commonwealth and fostering innovative approaches to broadband access in the commonwealth.
(e) The board shall collect information from reasonably available sources including, but not limited to: municipalities and other public entities and agencies of the commonwealth, local and regional nonprofit entities and telecommunications and broadband service providers to develop and maintain an inventory of: (i) locations where telecommunications and broadband services are not available in the commonwealth; (ii) locations where telecommunications and broadband infrastructure is available or is likely to be available to support the provision of services to unserved and underserved areas; (iii) locations where new infrastructure may be necessary to support the provision of services to unserved and underserved areas; (iv) the quality of such services, including, but not limited to, speed of data transmission and cost of such services; and (v) any other relevant information as the board may deem necessary.
(f) The board shall establish a detailed long-term plan for the operation of the institute and the administration of the fund and shall consult with the joint committee on telecommunications, utilities and energy and the joint committee on economic development and emerging technologies on the plan. The plan, and any amendments thereto, shall be subject to the approval of the secretary of housing and economic development and the secretary of administration and finance and shall be filed with the clerks of the house of representatives and the senate who shall forward the same to the house and senate committees on ways and means, the joint committee on telecommunications, utilities and energy and the joint committee on economic development and emerging technologies.
(g) The board shall annually adopt an operating plan governing disbursements from the fund and, to the extent the plan provides for disbursement of appropriations or other moneys authorized by the general court, the plan shall be subject to the approval of the secretary of housing and economic development and the secretary of administration and finance. The board shall file the plan, and any amendments thereto, with the clerks of the house of representatives and the senate who shall forward the same to the house and senate committees on ways and means, the joint committee on telecommunications, utilities and energy and the joint committee on economic development and emerging technologies.
(h) The board shall promulgate rules and regulations for the administration and enforcement of this section and section 6C.
(i) The board shall review and recommend changes in laws, rules, programs and policies of the commonwealth and its agencies and subdivisions to further financing, infrastructure and development for broadband access in the commonwealth.
(j) The board shall prepare, publish and distribute, with or without charge, as the institute may determine, any studies, reports and bulletins and other material as the institute deems appropriate.
(k) The institute shall file an annual report of its activities with the governor and the clerks of the house of representatives and the senate who shall forward the same to the joint committee on telecommunications, utilities and energy, the joint committee on economic development and emerging technologies, and the house and senate committees on ways and means.
(l) Actions of the board may take effect immediately and notice thereof shall be published and posted. Meetings of the board shall be subject to section 11A½ of chapter 30A. Records pertaining to the activities of the institute shall be subject to section 10 of chapter 66, unless exempted under subsection (h) of section 12. The operations of the institute shall be subject to chapters 268A and 268B; provided, however, that the members of the board shall be considered directors for the purposes of the fourth, fifth and seventh paragraphs of section 3.
(m) Sections 38A½ to 38O, inclusive, of chapter 7, section 39M of chapter 30, subject to the provisions of subsection (c) of section 4A and sections 44A to 44J, inclusive, of chapter 149 shall apply to the operations of the institute.