Vermont § 202f - Telecommunications and Connectivity Advisory Board

§ 202f. Telecommunications and Connectivity Advisory Board

• (a) There is created the Telecommunications and Connectivity Advisory Board for the purpose
  of making recommendations to the Commissioner of Public Service regarding his or her
  telecommunications responsibilities and duties as provided in this section. The Connectivity
  Advisory Board shall consist of eight members selected as follows: (1) the State Treasurer or designee; (2) the Secretary of Commerce and Community Development or designee; (3) five at-large members appointed by the Governor, who shall not be employees or officers
  of the State at the time of appointment; and (4) the Secretary of Transportation or designee. (b) A quorum of the Connectivity Advisory Board shall consist of four voting members.
  No action of the Board shall be considered valid unless the action is supported by
  a majority vote of the members present and voting and then only if at least four members
  vote in favor of the action. The Governor shall select, from among the at-large members,
  a chair and vice chair. (c) In making appointments of at-large members, the Governor shall give consideration
  to citizens of the State with knowledge of telecommunications technology, telecommunications
  regulatory law, transportation rights-of-way and infrastructure, finance, environmental
  permitting, and expertise regarding the delivery of telecommunications services in
  rural, high-cost areas. However, the five at-large members may not be persons with
  a financial interest in or owners or employees of an enterprise that provides broadband
  or cellular service or that is seeking in-kind or financial support from the Department
  of Public Service. The conflict of interest provision in this subsection shall not
  be construed to disqualify a member who has ownership in a mutual fund, exchange traded
  fund, pension plan, or similar entity that owns shares in such enterprises as part
  of a broadly diversified portfolio. The at-large members shall serve terms of two
  years beginning on February 1 in odd-numbered years and until their successors are
  appointed and qualified. However, three of the five at-large members first appointed
  by the Governor shall serve an initial term of three years. Vacancies shall be filled
  for the balance of the unexpired term. A member may be reappointed for up to three
  consecutive terms. Upon completion of a term of service for any reason, including
  the term’s expiration or a member’s resignation, and for one year from the date of
  such completion, a former Board member shall not advocate before the Connectivity
  Board, Department of Public Service, or the Public Utility Commission on behalf of
  an enterprise that provides broadband or cellular service. (d) Except for those members otherwise regularly employed by the State, the compensation
  of the Board’s members is that provided by 32 V.S.A. § 1010(a). All members of the Board, including those members otherwise regularly employed by
  the State, shall receive their actual and necessary expenses when away from home or
  office upon their official duties. (e) In performing its duties, the Connectivity Advisory Board may use the legal and technical
  resources of the Department of Public Service. The Department of Public Service shall
  provide the Board with administrative services. (f) The Connectivity Advisory Board shall: (1) function in an advisory capacity to the Commissioner on the development of State telecommunications
  policy and planning, including the action plan required under subdivision 202e(b)(6)
  of this chapter and the State Telecommunications Plan; and (2) annually provide the Commissioner with recommendations on the appropriate internet
  access speeds for publicly funded telecommunications and connectivity broadband projects. (g) On November 15, 2019, and annually thereafter, the Commissioner shall submit to the
  Connectivity Advisory Board an accounting of monies in the Connectivity Fund and anticipated
  revenue for the next year. (h) The Chair shall call the first meeting of the Connectivity Advisory Board. The Chair
  or a majority of Board members may call a Board meeting. The Board may meet up to
  six times a year. (i) At least annually, the Connectivity Advisory Board and the Commissioner or designee
  shall jointly hold a public meeting to review and discuss the status of State telecommunications
  policy and planning, the Telecommunications Plan, the Connectivity Fund, the Connectivity
  Initiative, the High-Cost Program, and any other matters they deem necessary to fulfill
  their obligations under this section. (j) Information and materials submitted by a telecommunications service provider concerning
  confidential financial or proprietary information shall be exempt from public inspection
  and copying under the Public Records Act, nor shall any information that would identify
  a provider who has submitted a proposal under the Connectivity Initiative be disclosed
  without the consent of the provider, unless a grant award has been made to that provider.
  Nothing in this subsection shall be construed to prohibit the publication of statistical
  information, determinations, reports, opinions, or other information, provided the
  data are disclosed in a form that cannot identify or be associated with a particular
  telecommunications service provider. (Added 2015, No. 41, § 5; amended 2019, No. 31, § 7; 2021, No. 71, § 8, eff. Jan. 1, 2022.)