§ 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.)