§6.5–104. IN EFFECT
// EFFECTIVE UNTIL JUNE 30, 2030 PER CHAPTER 74 OF 2021 //
(a) The Office shall:
(1) develop definitions and standards for broadband Internet that:
(i) address current and future requirements and uses by communities, businesses, schools, health care providers, and other stakeholders;
(ii) reflect the need for a forward–looking, statewide digital communications infrastructure; and
(iii) are not at odds with definitions and standards adopted by the Federal Communications Commission;
(2) (i) collect promotional and nonpromotional pricing data directly from broadband Internet providers; and
(ii) assess the actual upload and download speeds experienced by consumers;
(3) create a statewide audit of the availability, reliability, and affordability of broadband Internet services in every county, which shall include:
(i) network performance metrics, including information on data transfer speeds, network throughput, and network latency;
(ii) a data–based evaluation, using a variety of data collection methods including community surveys and targeted outreach to traditionally underrepresented communities, of the reasons that certain residents and businesses do not have access to broadband Internet services; and
(iii) demographic information regarding communities where broadband Internet services are unavailable or unaffordable;
(4) create a website that houses a publicly accessible map that allows users to overlay GIS heat mapping comments, based on and incorporating data and information from the Federal Communications Commission, that shows, in addition to any information provided by the Federal Communications Commission:
(i) which residences do and do not have access to broadband Internet;
(ii) broadband Internet service prices and plans available in different areas; and
(iii) other available State geographic and demographic data;
(5) collect, analyze, and publicly share:
(i) geographic and demographic data regarding households that rely on mobile broadband for Internet service, based on the understanding that mobile broadband is not a substitute for in–home fixed Internet services;
(ii) data regarding the adoption and affordability of reliable broadband Internet in the State, including the average cost per average speed by county; and
(iii) data regarding investments in expanding Internet infrastructure, adoption, and speed increases;
(6) assist and support local jurisdictions in their efforts to improve access to broadband Internet, including through the development and deployment of training programs to increase residents’ digital literacy;
(7) work with local jurisdictions and economic development organizations to identify areas with a demand for better Internet service;
(8) estimate and identify the amount and type of funding needed to connect residents to affordable high–speed Internet;
(9) identify and coordinate the delivery of resources to local jurisdictions for the improvement of access to broadband Internet, including by:
(i) identifying sources of funds that can be used to expand access to broadband Internet;
(ii) assisting local jurisdictions to apply for and receive funds for expanding access to broadband Internet; and
(iii) identifying and sharing data regarding local, State, and federal funds allocated or received through grants and private sector investment for investment in expanding Internet infrastructure, adoption, and speed increases;
(10) request information regarding total dollar investments in high–speed Internet from local jurisdictions, private companies, and organizations;
(11) investigate, identify, and evaluate new technologies that would increase the availability of broadband Internet service in the State;
(12) identify opportunities for productive partnerships that would enable the sharing of resources and further the goal of expanding access and connection to broadband Internet service;
(13) develop recommendations regarding policies, regulations, or legislation to improve the availability of and access to broadband Internet services in the State;
(14) review existing laws, policies, and regulations regarding access to the rights–of–way and easements of public utilities and recommend any changes the Office considers necessary to encourage the deployment of broadband Internet;
(15) support efforts to increase the digital literacy of residents, nonprofit organizations, and business owners; and
(16) collaborate with local education agencies and community colleges to ensure that students have the ability to connect to broadband Internet that allows for full engagement in remote learning without disruptive lagging and periodic disconnection.
(b) (1) Through partnerships with local jurisdictions, library systems, anchor institutions, and the private sector, the Office shall offer funding and technical assistance to help local governments and private entities:
(i) qualify for federal funding opportunities; and
(ii) plan, design, and construct broadband infrastructure.
(2) To complement other sources of funding, the Office shall work with the Community Development Administration to initiate a broadband funding structure under § 4–229 of this article.
(c) (1) On or before July 1, 2022, the Office shall:
(i) prepare a statewide plan to:
1. ensure 98% connectivity to universal, affordable, reliable broadband Internet by a date not later than December 31, 2025;
2. ensure that every resident of the State has the ability to connect to universal, affordable, reliable broadband Internet that exceeds the Federal Communications Commission standard for upload and download speeds by a date not later than December 31, 2026; and
3. establish key performance indicators relating to infrastructure, adoption, and speed; and
(ii) submit the plan to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
(2) In preparing the plan required under paragraph (1) of this subsection, the Office shall:
(i) solicit input from a diverse range of stakeholders, including libraries and workforce development boards;
(ii) consult with local governments, federal regulators, Internet service providers, and nongovernmental organizations involved in and working in the field of connecting communities to high–speed Internet and digital literacy;
(iii) hold at least two online listening sessions; and
(iv) receive written statements from stakeholders at a time the Office determines.
(d) In carrying out this section, the Office shall meet quarterly to collaborate with the appropriate units of State government, including the Department of Information Technology, the State Department of Education, the State Department of Transportation, the Maryland State Library, the Department of Commerce, the Department of Agriculture, the Maryland Department of Health, and the Department of Planning, and the appropriate units of local government, including the Maryland Association of Counties and the Maryland Municipal League, to ensure that efforts to expand and enhance broadband Internet services are coordinated statewide.
(e) (1) On or before December 1, 2021, and each year thereafter, the Office shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on:
(i) the progress of the State’s efforts to:
1. develop and implement the plan required under subsection (c) of this section;
2. increase access and connection to broadband Internet services throughout the State with specific reporting on improvements to infrastructure, adoption, and speeds;
3. improve digital literacy among residents of the State; and
4. increase speeds to meet or exceed the Federal Communications Commission standard for upload and download speeds;
(ii) the existing gaps in connectivity and the State’s progress toward closing those gaps;
(iii) the impact that gaps in Internet service have on the workforce and State and local economies;
(iv) information from local education agencies on the impact of Internet service quality on student achievement and access to 21st century opportunities;
(v) demographic data on locations with gaps in services; and
(vi) the allocation of money from, and programs supported by, the Digital Inclusion Fund, the Digital Connectivity Fund, and the Rural Broadband Assistance Fund in the preceding fiscal year.
(2) The report required under paragraph (1) of this subsection shall be published on the website established under subsection (a)(4) of this section.
