AN ACT RELATIVE TO THE MASSACHUSETTS BROADBAND INSTITUTE
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:
SECTION 1. Subsection (d) of section 6B of chapter 40J of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
The corporation shall leverage private sector and federal investment by financing the construction and acquisition of broadband infrastructure to promote the development of broadband access and may undertake any other actions considered appropriate by the corporation to promote broadband adoption and usage and expand the public benefits associated with broadband deployment in the commonwealth, particularly among vulnerable or disadvantaged populations that underutilize broadband technologies. This broadband infrastructure shall include, but not be limited to, conduit, fiber and towers. The corporation may: (i) finance or acquire equipment or other property to be owned by the corporation, the commonwealth or 1 or more other public entities, where the equipment or other property may be leased or licensed by the corporation for a fee or otherwise for use by public entities or nonprofit or for-profit private sector entities; and (ii) make grants to 1 or more public entities or nonprofit or for-profit private sector entities for the financing or acquisition of equipment or other property, subject in all cases to conditions the corporation’s board may determine appropriate to protect the public interest. The acquisition of an indefeasible right of use of facilities used for the transmission of intelligence by electricity or of a license or other agreement to use electromagnetic spectrum licensed by the federal government shall be the acquisition of an ownership interest in broadband infrastructure and any such transaction shall constitute a transaction with the commonwealth for the purposes of chapter 30B. Any lessee or licensee shall pay lease or license fees to the corporation, which shall credit the fees to the fund. The corporation may provide and pay for advisory services and technical assistance and take other actions as may be necessary or desired to carry out its purposes.
SECTION 2. Notwithstanding any general or special laws to the contrary, the Massachusetts Technology Park Corporation Collaborative, hereinafter referred to as the corporation, shall convene a working group to provide advice and feedback on the competitive process to be created by the corporation for providing grants to 1 or more public entities or nonprofit or for-profit private sector entities as described in clause (ii) of the first paragraph of subsection (d) of section 6B of chapter 40J of the General Laws. The working group shall consist of parties interested in and eligible for the grants described in said clause (ii) of the first paragraph of said subsection (d) of said section 6B of said chapter 40J. The first meeting of the working group shall be convened by the corporation not later than 90 days after the effective date of this act.
Approved, July 30, 2014.