Broadband Deployment Board

Commencing on September 1, 2021, at least three members of the board must be affiliated with one of the two major political parties and at least three members must be affiliated with the other major political party, with each member having been registered with their political party for at least one year. At least three members of the board must be unaffiliated with either of the major political parties, having been unaffiliated for at least one year. Members of the board are entitled to seventy-five dollars per diem for attendance at official meetings plus actual and necessary expenses incurred in the conduct of official business. Members of the board shall be appointed as follows:

(i) One voting member from the office, appointed by the governor;

(ii) Three voting members representing local entities:

(a) One of whom is a county commissioner from the eastern plains of the state, appointed by the president of the senate;

(b) One of whom is a county commissioner from the western slope of the state, appointed by the speaker of the House of Representatives; and

(c) one of whom represents a rural city or town as a mayor or city councilperson, as appointed by the governor. As used in this subsection (7)(d)(ii)(c), "rural" has the meaning set forth in section 24-32-3603 (3)(a).

(iii) Five voting members representing the broadband industry:

(a) one of whom represents a wireless provider, appointed by the president of the senate;

(b) one of whom represents a wireline provider, appointed by the speaker of the House of Representatives;

(c) one of whom represents a broadband satellite provider, appointed by the minority leader of the House of Representatives;

(d) One of whom represents a cable provider, appointed by the minority leader of the senate; and

(e) One of whom represents a rural wireline provider, appointed by the minority leader of the senate; and

(iv) Two voting members of the public:

(a) One of whom resides in an unserved area of the western slope of the state, appointed by the governor; and

(b) one of whom resides in an unserved area of the eastern plains of the state, appointed by the minority leader of the house of representatives.

(e) Commencing on September 1, 2021:

(i) If a board member has a conflict of interest with respect to any matter addressed by the board, including a financial interest in the matter, the member shall recuse himself or herself from any discussion or decisions on the matter;

(ii) A board member appointed pursuant to subsection (7)(d)(i), (7)(d)(ii), or (7)(d)(iv) of this section is not deemed to have a conflict of interest merely by virtue of residing in or representing an unserved area, a critically unserved area, or an area that is the subject of an application before the board; and

(iii) A board member appointed pursuant to subsection (7)(d)(iii) of this section is deemed to have a conflict of interest with respect to an application filed by an entity that the board member represents; however, if such application is filed, the board member may still participate in discussions about other applications before the board but shall not vote on those other applications.

(f) In the event of a tie vote of the board, the application, appeal, proposition, or other matter being voted upon fails.

(g) Commencing on September 1, 2021, six members of the board constitute a quorum.