(a) Based on its analysis of data, broadband demand, and other relevant information, the
Office of Broadband shall establish a mapping of broadband services in the state. The
council shall publish an annual assessment and map of the status of broadband, including
specific designations of unserved areas of the state. With respect to unserved areas of the
state, the Office of Broadband shall, to the extent it is able, map project areeas with funding
provided by public entities. For the purposes of this section, the term "unserved area" means
an area lacking broadband internet service from at least one terrestrialr broadband internet
service provider offering all of the following in at least one service plan to residential
consumers: (1) an actual downstream data rate of at least 25 megabits per second; and (2)
an actual upstream data rate of at least three megabits per second; and (3) unlimited data
usage without overage charges; and (4) unlimited data usagte without "throttling" or
reduction of downstream or upstream data rate due, in whole or in part, to the amount of
data transferred in any period.
(b) To the extent possible, and subject to limitations contained in subsection (g) of this
section, the Office of Broadband shall additionsally establish an interactive public map
reflecting estimated or actual downstream data rate and upstream data rate in a particular
region, area, community, street or location. Any such mapping may only specify data rates at
a particular street address or physicgal location, and shall not make public the IP address or
the name of the specific individual at such location. This map shall be known as the West
Virginia Broadband Availabilitey Map.
(c) To the extent possiblLe, and subject to limitations contained in subsection (g) of this
section, the Office of Broadband shall additionally establish an interactive public map
reflecting the adoption of broadband services, separately by estimated or actual downstream
data rate and upstream data rates, in a particular region, area, community, street or
location. Any such mapping shall provide data separately for residential connections and
non-residential connections. This map shall be known as the West Virginia Broadband
AdoWption Map.
(d) The mapping provided for in this section may be based on information collected or
received by the Broadband Council and Office of Broadband, including, but not limited to,
data collected from:
(1) State and federal agencies or entities that collect data on broadband services;
(2) Industry provided information;
(3) Consumer data provided to the Broadband Council or Office of Broadband pursuant to
§31G-1A-6 and §31G-1A-9 of this code; and
(4) Other data sources procured by or provided to the Office of Broadband or the Broadband
Council.
(e) Any entity that has received or hereinafter receives state or federal moneys, and which
has used those moneys to install infrastructure used for broadband services, shall furnish
detailed information concerning the location, type, and extent of such infrastructure to the
Office of Broadband for use in mapping and shall furnish the location, type, and prices of any
broadband services subscribed to by residential (and separately non-residential) consumers
as a result of the installed infrastructure.
(f) The mapping and designations provided for under this section may be revised on a
continuing basis by the office as warranted by the data and informationr provided.
(g) In addition to the provisions of §31G-1A-13 of this code, the muapping of broadband
services may exclude from public accessibility and availability:
(1) The location or identity of any critical infrastructure used by public or private entities in
furtherance of their internet services; a
(2) Personal name and personal IP addresses connelcted with particular data rates; and
(3) Information designated as confidential for public security reasons by either state or
federal homeland security agencies: Providied, That it shall be duty of the public and private
entities to make the Office of Broadband aware of such confidential designation: Provided,
however, That unless the Office of Broadband determines good cause exists, the actual or
estimated upstream and downstream data rates of an area or region of the state shall not be
excluded from public or private availability.
(h) All executive agencies which have permitting and/or regulatory approval authority over
any project permitted or reviewed and approved pursuant to §17-2E-3 of this code shall
cooperate with and p rovide all necessary information to the Office of Broadband to
determine theV feasibility and federal allowability of creating Advanced Regulatory
Environment Analysis (AREA) maps. AREA maps will pre-survey likely routes for middle-mile
infrastructure so all relevant information can be included in a centralized GIS mapping
system to be maintained by the Office of Broadband for utilization by the private sector when
extending new fiber infrastructure pursuant to §17-2E-1 et seq. of this code. AREA mapping
shall also include, but is not limited to, any areas already granted Finding of No Significant
Impact ("FONSI"), categorical exclusions ("CATEX"), areas prior approved by the West
Virginia State Historic Preservation Office ("SHPO"), and all West Virginia Division of
Highways mapping for permits that include installation of infrastructure.
(i) If in analyzing the consumer-supplied speed data for an area of two square miles or more,
the Office of Broadband finds that speeds supplied by a provider are less than 80% of the
lowest speed tier advertised by the provider in more than 40% of the tests in that area in a
calendar year, then the Office of Broadband shall notify the Consumer Protection Division of
the Attorney General's Office, and shall transmit such records of any relevant speed tests in
their custody to the Consumer Protection Division of the Attorney General's Office.‹ Prev All West Virginia sections Next ›
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