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HomeMy WebLinkAboutItem 5g. Authorization to Accept Broadband Grants from the California Public Utilities Commission (CPUC) Item 5g Department: Information Technology Cost Center: 1101 For Agenda of: 12/10/2024 Placement: Consent Estimated Time: N/A FROM: Greg Hermann, Deputy City Manager Prepared By: Joshua Erquiaga, Information Technology Manager SUBJECT: ACCEPTANCE OF BROADBAND GRANTS FROM THE CALIFORNIA PUBLIC UTILITIES COMMISSION RECOMMENDATION 1. Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, accepting Broadband Grant s from the California Public Utilities Commission” authorizing the Mayor to accept a Last Mile Federal Funding Account Grant in the amount of $4,863,799 from the California Public Utilities Commission and $20,000 from the California Emerging Technology Fund; and 2. Authorize the Finance Director to appropriate $4,863,799 of awarded grant funding from the California Public Utility Commission (CPUC) to the project account (Spec. 2001063), and $20,000 to the Network Services contract services account once awarded. POLICY CONTEXT The recommended actions are consistent with the City of San Luis Obispo’s Financial Management Manual, Section 740 – Grant Management Policy, and Section 540 - Budget Amendments. The Policy states that the Council must approve all grant applications in excess of $5,000, and designates Council as having “sole responsibility for adopting the City’s budget and may amend or supplement the budget any time after its adoption by majority vote of the Council” per Section 804 of the City Charter. DISCUSSION Background The City Council adopted its first-ever Broadband Plan on June 20, 2023. The Broadband Plan aims to bring affordable, equitable broadband access to all residents of the City of San Luis Obispo. The City aims to do this through a combination of new infrastructure and public/private partnerships to provide services through that new infrastructure. As part of the Council’s adoption of the Broadband Plan, Council authorized staff to apply for any current and future grant opportunities that become available to support Broadband Plan implementation. City staff have applied for and the City has been awarded two grants, one from the CPUC Last Mile Federal Funding Account, and one from the California Emerging Technology Fund Best Practices Check List Project Learning Community. Page 131 of 641 Item 5g Last Mile Federal Funding Account City staff applied for the CPUC Last Mile Federal Funding Account grant in September 2023. CPUC staff completed their application review and recommended the City’s project for funding at the CPUC’s October 17, 2024 meeting. The commissioners voted unanimously to approve CPUC resolution T -17852, which awarded $4,863,799 to the City of San Luis Obispo to fund infrastructure build to provide high -speed, affordable Internet access to 490 locations that are currently unserved or underserved within our community and ultimately benefit over 13,000 individuals. City Information Technology and Public Works staff are currently working with consultants from Entrust Solutions Group to complete the project design and engineering. Construction is expected to begin in Winter 2025. The project will be completed by Summer 2026. Last Mile funding is provided on a reimbursement basis throughout completion of the project (see Attachment B.) Best Practices Check List Project Learning Community City staff applied to be a part of a learning community through the California Emerging Technology Fund (“CETF”) and subsequently applied for the Best Practices Check List Project Learning Community grant. This learning community aims to bring together staff from local governments across the state to share ways that they are improving broadband access and addressing digital equity issues within their jurisdictions. Local governments selected for the learning community also receive a $20,000 grant to implement strategies that align with the CETF Best Practices Check List to improve digital equity within participants jurisdiction. This learning opportunity should help staff as they continue to evaluate strategies to achieve the goals set forth in pillar two of the DEI Strategic Plan – Equitable Communication and Accessibility. The first item staff are evaluating in support of equitable communication and accessibility is automated live translation of City Council meetings. Live translation allows for community members that do not speak English as their primary language to more easily understand and engage with public meetings. Initially, translation will be limited to the meetings the City broadcasts online. CETF funding is disbursed in phases and requires City participation in Learning Community Workshops (see Attachment F). The first of these meetings was held in September, and the second will be held prior to acceptance of the grant. City staff attended the first and plan to attend the second. Previous Council or Advisory Body Action The City Council adopted the Broadband Plan on June 20, 2023, to facilitate work to improve broadband access and affordability within the City. The City Council adopted the DEI Strategic Plan on February 20, 2023. Pillar two of the DEI Strategic Plan addresses equitable communication and accessibility. Public Engagement This item is on the agenda for the December 10, 2024 City Council meeting and will follow all the required posting and notification. Public comment on the item can be provided to the City Council through written correspondence prior to the meeting and through public testimony at the meeting. Page 132 of 641 Item 5g CONCURRENCE Information Technology staff are working closely with the Public Works Department on the Broadband Plan implementation capital improvement project and Public Works staff concur with the recommendation. Staff from the Office of Diversity, Equity, and Inclusion have also advised on strategies to address digital equity and are in agreement with the recommendation. ENVIRONMENTAL REVIEW Staff’s recommendation (acceptance of grant funding) is not a project with the potential to result in direct or indirect physical change to the environment and, therefore, does not require environmental review. (See CEQA Guidelines Section 15378.) Projects funded in whole or in part by the Last Mile and CETF grant awards will be separately evaluated for CEQA compliance, including applicable exemptions. FISCAL IMPACT Budgeted: No Budget Year: 2024-25 Funding Identified: Yes Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $ $ $ $ State (CPUC) $4,863,799 Federal Fees Other: $20,000 Total $4,883,799 $ $ $ Staff is requesting Council authorize the Finance Director to appropriate $4,863,799 in CPUC funds to the project account (2001063), and $20,000 in CA Emerging Technology funds to the Network Services contract services operating account upon receipt of funds. The total cost of the Last Mile project is $6,074,810. The Last Mile Federal Funding Account grant is providing $4,863,799 of the total project cost, and the City’s broadband partner, Astound Broadband, has committed $1,211,011 in matching funds. There are no matching funds required from the City. Page 133 of 641 Item 5g ALTERNATIVES 1. Council could decide not to adopt the resolution. If the Council did not accept the resolution, City staff would notify the awarding agencies that the City had declined to accept the awards. Declining the awards would prevent City staff from continuing to implement the Broadband Plan, as there is currently no General Fund money available to complete that work. 2. Council could direct staff to accept one grant and not the other. The Council could direct staff to accept one grant and decline the other. For example, the Council could accept the Last Mile Federal Funding Account grant but not the Best Practices Checklist Project Learning Community grant. In this case, staff would inform the relevant granting agencies of the City’s decision to accept or decline the grants. However, staff does not recommend this approach because declining a grant would restrict their ability to carry out the work the declined grant wou ld have supported. ATTACHMENTS A - Draft Resolution Accepting Broadband Grants from the CPUC B - CPUC Last Mile Federal Funding Account Award Letter C - CPUC Resolution T-17852 (Adopted) D - CPUC Award Deadline Extension E - City of San Luis Obispo CETF Grant Award Letter Page 134 of 641 R ______ RESOLUTION NO. _____ (2024 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ACCEPTING BROADBAND GRANTS FROM THE CALIFORNIA PUBLIC UTILITIES COMMISSION WHEREAS, on June 20, 2023, the City Council adopted the Broadband Plan; and WHEREAS, the City Council authorized staff to apply for grants to facilitate implementation of the Broadband Plan; and WHEREAS, staff applied for two grants, one from the California Public Utilities Commission and one from the California Emerging Technology Fund; and WHEREAS, staff applied for a grant from the California Public Utilities Commission Last Mile Federal Funding Account (“FFA”) in the amount of $4,863,799; and WHEREAS, the California Public Utilities Commission awarded the grant on October 17, 2024, with Resolution T-17852; and WHEREAS, the FFA funding will be paid out in installments throughout completion of the City’s Affordable Broadband Network project, as set forth in the CPUC Award Letter attached as Exhibit A; and WHEREAS, staff applied for a grant from the California Emerging Technology Fund (“CETF”) Best Practices Check List Project Learning Community in the amount of $20,000; and WHEREAS, the California Emerging Technology Fund awarded the grant on October 8, 2024; and WHEREAS, $10,000 of the CETF award will be paid out upon execution of the grant agreement, and the remaining $10,000 will be paid out in installments, as set forth in the CETF Award Letter attached as Exhibit B; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Page 135 of 641 Resolution No. _____ (2024 Series) Page 2 R ______ SECTION 1. The City Council authorizes staff to accept the grant funds; authorizes the City Manager to execute all necessary grant documents; and allocates FFA funding in the amount of $4,863,799 to the Broadband Plan Implementation capital improvement project upon disbursement to the City, and allocates CETF funding in the amount of $20,000 to the Network Services Contract Services operating fund upon disbursement to the City. Upon motion of Council Member ___________, seconded by Council Member ___________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _______________ 20 24. ___________________________ Mayor Erica A. Stewart ATTEST: ______________________ Teresa Purrington City Clerk APPROVED AS TO FORM: ______________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________ Teresa Purrington City Clerk Page 136 of 641 Page 1 of 6 October 30, 2024 Josh Erquiaga City of San Luis Obispo jerquiag@slocity.org Re: San Luis Obispo Affordable Broadband Network Dear City of San Luis Obispo, Congratulations! The California Public Utilities Commission (Commission) is pleased to inform you that the application submitted by for Last Mile Federal Funding Account (FFA) funding for the "City of San Luis Obispo San Luis Obispo " project and grant request amount of has been approved.Affordable Broadband Network $4,863,799.00 Your application was received on , and posted on the Commission’s Last Mile Federal Funding AccountSeptember 28, 2023 webpage. Staff reviewed the application referenced for compliance with Commission and federal rules, conducted fiscal and technical analysis, and determined your application meets the requirements for a grant under the program. On October 17, , Commissioners considered your application and voted to approve your grant award in Resolution T-.2024 17852 The award is predicated on ’s agreement to construct its project as detailed in its application andCity of San Luis Obispo comply with all guidelines, requirements, terms, and conditions set forth in the approving resolution. In addition, City of San also agreed to comply with all federal and state statutes, rules, and regulations covering broadband services andLuis Obispo state contractual rules and regulations in accordance with Decision 22-04-055, Appendix A: Federal Funding Account A summary of the performance, payment, and reporting requirements are summarized in theProgram Rules and Guidelines. Attachment to this letter. Awardees that are planning to or are required under the terms of the grant to connect to the statewide Middle-Mile Broadband Initiative must contact the California Department of Technology about interconnection and other project specifics at: .mmbi.pmo@state.ca.gov For Commission Staff to begin processing the award, awardees must complete, sign, and submit the following forms: 1. Consent Form and 2. Either: • Government Agency Taxpayer ID Form (for government entities) or • Payee Data Record Form (for non-government entities) Awardees must submit these documents by uploading them to the within 30 days of the dateBroadband Grant Portal of this letter. If these forms are not uploaded within the required timeframe, the award shall be rescinded. Thank you for your application and please direct any questions to . We appreciate yourFederalFundingAccount@cpuc.ca.gov efforts to provide service to our fellow Californians. Page 137 of 641 Page 2 of 6 Sincerely, Maria Isabel Ellis Deputy Director of Broadband Page 138 of 641 Page 3 of 6 ATTACHMENT Summary of Last Mile Federal Funding Account Grant Program Reporting Requirements The award is contingent on the ’s agreement to construct the proposed project as detailed in itsCity of San Luis Obispo application and comply with all guidelines, requirements, terms, and conditions set forth in the approving resolution. The grant award is also contingent upon fulfilling the requirements as specified in Decision (D.) 22-02-055, Appendix A: Federal These requirements include, but are not limited to, execution andFunding Account Program Rules and Guidelines. performance, payment, and reporting requirements. The following summarizes the requirements in D. 22-02-055, Appendix but does not replace them. Awardees must submit all reportingA: Federal Funding Account Program Rules and Guidelines, documents through the Broadband Grant Portal. Execution and Performance City of San Luis Obispo must sign and submit the Consent Form agreeing to the terms of the award within 30 calendar Failure to submit the signed Consent Form within the required timeframe will result in thedays from the date of this letter. Commission deeming the award null and void. City of San Luis Obispo must complete the project within 18- or 24-months, in accordance with the terms of the award. The Awardee must notify the Communications Division of any delays in the project completion or if the awardee is unable to complete the project within the required timeframe. The Commission may reduce or withhold payment, and / or impose penalties for failure to satisfy this requirement. City of San Luis Obispo must communicate in writing to the Communications Division’s Director regarding any changes to the substantive terms and conditions underlying the Commission’s approval of the award (such as changes to a work plan or budget) at least 30 days before the anticipated change. Substantive changes may require approval by either the Communications Division’s Director or by Commission Resolution before becoming effective. Payment and Payment Requests Awardees can request payments as the project is progressively deployed. Requests for payments may be submitted at the following intervals: • 10 percent completion • 35 percent completion • 60 percent completion • 85 percent completion • 100 percent completion Payments are based on submitted receipts, invoices, and other supporting documentation showing expenditures incurred for the project in accordance with the approved budget included in the Awardee’s application. Awardees must submit a project completion report to request final payment. The final 15 percent (from 85 to 100 percent) will not be paid without an approved completion report. Page 139 of 641 Page 4 of 6 Monthly Contractor Reporting California Public Utilities Code section 281(l)(1)(A-C) requires Awardees to report monthly to the Commission the following information throughout the construction phase: • The name and contractor’s license number of each licensed contractor and subcontractor undertaking a contract or1 subcontract in excess of $25,000 to perform work on a project funded or financed pursuant to this section. • The location where a contractor or subcontractor described in subparagraph (A) will be performing that work. • The anticipated dates when that work will be performed. Construction Progress Reports Awardees must submit monthly construction progress reports. Within six weeks of the date on this award letter, Awardees must submit: 1. A showing key permitting and construction milestones.construction schedule 2. A high-level design in an acceptable geographic information system (GIS) format. Each month thereafter the construction progress reports must include: • An updated schedule for the build o Must show permitting and construction start and completion times based on an Awardee-defined segmentation of the build. o Segmentation must be sufficiently sized to show progress and correspond with payment intervals. • Geotagged photos showing key construction progress and completion, • Updated As-Builts, and • Optical time-domain reflectometer (OTDR) reports for construction completed sections. The geotagged photos, along with the As-Builts and OTDR reports, will be used to track completion of the project and verify the construction schedule, construction activities, and to expedite project reimbursement. Details for the GIS deliverable, schedule format, and geotagged photos can be found in the Commission’s .Construction Progress Reports User Guide. As part of the project completion report, Awardees will also be required to provide: • Updated GIS file showing deviations from originally submitted high-level design • As-Built files showing construction prints and work completed • OTDR reports for all fiber terminations 1Licensed contractor or subcontractor means any contractor that holds a Contractor’s License through the Contractors State License Board (https://www.cslb.ca.gov/). Page 140 of 641 Page 5 of 6 Quarterly Reports Awardees must submit quarterly progress reports to the Commission by the due dates shown below. Quarterly Reports must contain the information required in D.22-02-055, Appendix A, Section 14. Reporting Period Project Information Due to CPUC July 1 – September 30, 2024 October 6, 2024 October 1 – December 31, 2024 January 7, 2025 January 1 – March 31, 2025 April 6, 2025 April 1 – June 30, 2025 July 6, 2025 July 1 – September 30, 2025 October 6, 2025 October 1 – December 31, 2025 January 7, 2026 January 1 – March 31, 2026 April 6, 2026 April 1 – June 30, 2026 July 6, 2026 July 1 – September 30, 2026 October 6, 2026 October 1 – December 31, 2026 January 31, 2027 Awardees are responsible for contacting the Commission at if the information cannotFederalFundingAccount@cpuc.ca.gov be submitted on time. The Quarterly Reports requirement is separate and in addition to the monthly contractor reports and the payment requests. Annual Reports Awardees must submit annual reports that include the speed, pricing, subscription data (including number of customers enrolled in the successor to the Affordable Connectivity Program (ACP) once identified, low-cost, and low-income broadband plans), and any data allowance information on all offered plans. The report must also include a weblink with information on the Awardee’s income-qualified and affordable plans. The associated webpage should provide all plan information, ways to subscribe, and any necessary forms. Termination The Commission or the Awardee may terminate a grant award at any time by delivering ten days written notice to the other party. In the event that the Awardee terminates the grant award, it will be required to refund within 30 days of the termination all payments received for work not completed or not accepted by the Commission. Post-Completion Sale or Transfer For three years after project completion, an Awardee must notify the Commission within five days of determining that the Awardee is planning to sell or transfer its assets. The Awardee shall also provide documentation, including an affidavit stating that the new entity will take full responsibility and ownership to comply with the requirements of the Last Mile Page 141 of 641 Page 6 of 6 Federal Funding Account grant and requirements of the U.S. Treasury Department. Returning a signed Consent Form is acceptance of these terms. Additionally, Awardees seeking to transfer assets must file a Tier 2 Advice Letter with the following information: • Purchase price • Copy of the agreement • Binding agreement from the purchaser or lessee to fulfill the terms and conditions relating to the project after such sale or lease • An explanation as to how the transaction would be in the best interests of those served by the project. Additional Information Additional guidance detailing Federal reporting requirements will be provided post-award. Reporting requirements and guidelines are subject to change, and CPUC may define additional requirements. Any additional requirements will be posted on CPUC’s .website Page 142 of 641 Resolution T-17852 Date of Issuance: October 21, 2024 CD/CJ2 544078450 1 PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Communications Division RESOLUTION T-17852 Broadband Regional Initiatives Branch October 17, 2024 R E S O L U T I O N RESOLUTION T-17852: Approves seven applications for grants for up to $18,011,261 from the Last Mile Federal Funding Account in San Luis Obispo County, providing service to 2,754 unserved locations. I. SUMMARY This Resolution recommends approval of seven Last Mile Federal Funding Account grants in the amount of up to $18,011,261. This Resolution is part of the seventh package of Resolutions approving grants to Federal Funding Account applicants for broadband infrastructure projects serving unserved areas in California. Subsequent Resolutions will be presented for Commission vote as Communications Division Staff completes its analyses of applications. The seven projects in this Resolution propose to make investments bringing the social, economic, civic, and public safety benefits of high-speed broadband to 2,754 unserved locations and an estimated unserved population of 8,641 in San Luis Obispo County. An estimated total population of 23,514 people will benefit from these investments as households and businesses that already have service in these communities will benefit from greater customer choice in the broadband market. The last mile connections funded by these grants build upon the state-owned open-access Middle-Mile Broadband Initiative. Staff recommends grant awards to three entities (listed in the order in which they appear in this Resolution): Astound, the California Broadband Alliance, and the City of San Luis Obispo. Astound is an independent telecommunications company offering service in multiple California counties. The California Broadband Alliance is a 501(c)3 non-profit organization working on broadband access in the Central Coast that has partnered with the independent telecommunications company Surfnet Communications to apply to the Page 143 of 641 Resolution T-17852 CD/CJ2 2 Federal Funding Account. The City of San Luis Obispo is an incorporated city located in San Luis Obispo County. Staff recommends the following seven grant applications for Commission approval as shown in Table 1 below. Maps and summaries associated with each project are in the appendices. Table 1: Summary of Grant Funding Applicant Project Name Estimated Unserved Locations Estimated Unserved Units Estimated Unserved Population Estimated Benefitting Population Awarded Amount San Luis Obispo Astound Atascadero – Paso Robles 201 252 800 2,498 $6,794,215 Surfnet Branch 856 844 2,087 2,087 $2,093,539 Surfnet Corbett Canyon 273 443 989 2,168 $1,280,937 Surfnet Old Oak Park 370 482 1,143 1,688 $1,550,572 City of San Luis Obispo San Luis Obispo Affordable Broadband Network 490 966 2,011 13,423 $4,863,799 Surfnet Shandon 443 424 1,281 1,318 $722,821 Surfnet Whitley Gardens 121 131 330 332 $705,378 Total 2,754 3,542 8,641 23,514 $18,011,261 II. BACKGROUND California’s multi-year broadband investment package established the last mile Federal Funding Account as part of the Budget Act of 2021 and Senate Bill 1561 and invested $2 billion in the program over multiple years. The Federal Funding Account funds the construction of last mile broadband infrastructure projects in unserved areas of California. The Federal Funding Account encourages the deployment of broadband throughout the State to enable the public to access internet-based safety applications, telehealth services, emergency services, and to allow first responders to communicate with each other and collaborate during emergencies. 1 Statute 2021, Chapters 84 and 112. Page 144 of 641 Resolution T-17852 CD/CJ2 3 On April 21, 2022, the Commission issued Decision (D.) 22-04-055, Decision Adopting Federal Funding Account Rules. The rules and guidelines adopted in that decision included, among other items, the following: rules about projects to benefit Environmental and Social Justice Communities, affordable offers, five and ten-year price commitments, low-cost plans, project eligibility, application requirements, application objections, implementation of Public Utilities Code section 281(n) allocating funding between “rural counties” and “urban counties,” a process to reimburse grantees, a ministerial review process whereby Communications Division Staff may approve certain projects, and minimum performance standards for grantees. The Federal Funding Account D. 22-04-055 includes requirements and preference for a number of affordability requirements including: • Participation in the Affordable Connectivity Program or access to a “broad- based affordability program.” Given that the Affordable Connectivity Program has lapsed grantees must participate in a successor program when identified by the Commission. • A five-year price commitment, and preference for a ten-year commitment. • Preference for a low-cost plan that is $40/month or less and provides speeds of at least 50 Megabits per second (Mbps) down and 20 Megabits per second up. • Preference for participation in the California and/or federal Lifeline programs (which may include bundled voice and broadband offerings). Applications that committed to provide voice service and participate in LifeLine, consistent with the requirement to serve customers in the project area at prices not exceeding those in the application for five years after project completion, must provide voice service and participate in LifeLine for five years after project completion. In providing grant funding to projects the Commission is validating the need for and the state’s investment in the provision of communications service, including voice and programs supporting affordability like LifeLine, for the life of the infrastructure. The Federal Funding Account Decision and Appendix specify additional consideration for disadvantaged communities or Environmental and Social Justice communities.2 The Commission made available on the Federal Funding Account Public Map,3 the 2 The Commission Environmental and Social Justice Action plan includes definitions and data indicators for disadvantaged or Environmental and Social Justice communities including Disadvantaged Communities defined by the California Environmental Protection Agency (CalEPA) and low-income households defined as household incomes below 80 percent of the area median income. The Commission’s Environmental and Social Justice Action Plan 2.0 is available at: https://www.cpuc.ca.gov/-/media/cpuc-website/divisions/news-and-outreach/documents/news- office/key-issues/esj/esj-action-plan-v2jw.pdf 3 The Federal Funding Account Public Map is available at: https://federalfundingaccountmap.vetro.io/ Page 145 of 641 Resolution T-17852 CD/CJ2 4 Applicant Tool,4 and data downloads locations and census blocks meeting these definitions.5 A grant application window was opened on June 30, 2023, and closed at 4 p.m. on September 29, 2023; 484 applications were submitted. Application summaries were posted on October 23, 2023, and a 28-day objection period closed on November 20, 2023. Responses to objections were received until December 20, 2023. Applications were holistically evaluated: required and supporting documentation and the merits of the applications were compared and assessed on a county basis. Following an initial analysis, Staff sent a data request to applicants and requested additional information. Staff’s holistic evaluation included project engineering, technical feasibility and design, financial viability, cost, applicant capacity, and community need, among other factors. Staff assessed how to manage overlapping applications and applications planning to include some already-served areas in their project area.6 Staff also evaluated how applications and groups of applications compared to competing applications in the same county. The specific locations to be provided service for a given project will be updated and reconciled with the Broadband Serviceable Location Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations. The Federal Funding Account award will not fund locations supported by a federal broadband program with Capital Project Fund monies.7 4 Registration for the Federal Funding Account Applicant Tool is available at: FFA Applicant Tool Registration 5 Disadvantaged or Environmental and Social Justice communities and individual locations, for purposes of the Federal Funding Account, include those in Disadvantaged Communities census tracts as defined by CalEPA and low-income areas in which the census block group median household income is less than or equal to 80 percent of the higher of the county or state average. This data is available for download on the Federal Funding Account Public Map page (visited June 13, 2024), https://www.cpuc.ca.gov/industries-and-topics/internet-and-phone/broadband-implementation-for- california/last-mile-federal-funding-account/ffa-public-map and the Federal Funding Account Application Resources Page (visited June 13, 2024), https://www.cpuc.ca.gov/industries-and- topics/internet-and-phone/broadband-implementation-for-california/last-mile-federal-funding- account/ffa-application-resources-page . 6 D.22-04-055 states that “households and businesses with an identified need for additional broadband infrastructure do not have to be the only ones in the service area served by an eligible broadband infrastructure project. Indeed, serving these households and businesses may require a holistic approach that provides service to a wider area, for example, in order to make ongoing service of certain households or businesses within the service area economical.” 7 Federal broadband programs include the Connect America Fund II (CAFII), Community Connects Grant Program (CCGP), Enhanced Alternative Connect America Cost Model (EACACM), Rural Digital Opportunity Fund (RDOF), Rural E-Connectivity Program (REP), Tribal Broadband Connectivity Program (TBCP), and Telephone Loan Program (TLP). Page 146 of 641 Resolution T-17852 CD/CJ2 5 III. APPLICATION SUMMARIES, DISCUSSION, AND RECOMMENDATIONS San Luis Obispo Summary The allocation for projects in San Luis Obispo County in D. 22-04-005 is $22,346,936. This Resolution recommends awarding five grants to the California Broadband Alliance, which has partnered with the applicant Surfnet Communications, one grant to Astound, and one grant to City of San Luis Obispo for projects in San Luis Obispo County. The recommended grant amount for projects in San Luis Obispo County is $18,011,261, which leaves a remainder of $4,335,675 of the allocation for San Luis Obispo County. San Luis Obispo County Awards 1. Astound, Atascadero-Paso Robles Staff recommends the Commission approve Astound’s application for a grant of up to $6,794,215 for the Atascadero-Paso Robles project. The Atascadero-Paso Robles project proposes to serve an estimated 201 unserved locations based on a March 2024 supplemental application filing. There are approximately 252 unserved units in the project area. An estimated unserved population of 800 would be offered service. An estimated total population of 2,498 will benefit from these investments in the communities of City of Atascadero and City of Paso Robles. The last-mile fiber project will provide up to 2,000/2,000 Mbps service to consumers. Astound will deploy approximately 33 miles of last-mile fiber. The network infrastructure will be 16 percent underground. The Atascadero-Paso Robles project will benefit disadvantaged or Environmental and Social Justice communities; 49 percent of the unserved locations are in low-income communities. Astound will provide a low-cost plan that meets the requirements in D. 22-04-055, Section 3, and has committed to maintaining the price of that plan for at least ten years. The proposed project will cost an estimated $6,794,215, of which the Federal Funding Account will fund approximately 100 percent of costs. Staff determined that the applicant and the project are financially viable, and the applicant’s engineering meets the program standards. The applicant demonstrated the Page 147 of 641 Resolution T-17852 CD/CJ2 6 administrative, technical, and operational capacity to provide broadband service at the scale of this project. This application received one objection. Staff verified that the application seeks funding only for unserved locations within the project area and that partial funding for fixed infrastructure through served areas is necessary to reach the unserved locations. The project area of Atascadero-Paso Robles was not modified in response to objections; the Federal Final Rule8 and D.22-04-0559 allow projects serving unserved locations to include served locations to make the project viable. No Federal Funding Account Public Map comments were submitted in San Luis Obispo County.10 Atascadero-Paso Robles project area’s unserved locations were evaluated in light of the updated Federal Communications Commission and Federal Funding Account unserved data (as of June 30, 2023). In response to objections and this data, the number of unserved locations is unchanged at 201, the project area is unchanged, and the total grant amount is unchanged. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Location Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations. The following submitted letters of support for this application: City of Atascadero, City of Paso Robles, Broadband Consortium of the Pacific Coast, Atascadero Chamber of Commerce, REACH the Regional Economic Action Coalition. The proposed project provides the public safety benefits of reliable broadband infrastructure. This project will connect to Astound’s middle mile infrastructure. Based on the information received, the Commission’s Energy Division has determined that this project has not met the requirements for a CEQA categorial exemption at this time. Astound must comply with the CEQA requirements discussed in the appendices. If Astound provides additional documentation sufficient to justify a staff determination of CEQA exemption, then the project can be exempted by letter from the Communications Division Director or the director’s delegate or designee. Astound and the Atascadero-Paso Robles project comply with all requirements for approval in D. 22-04-055. The Communications Division recommends that the 8 Department of the Treasury, Final Rule, Coronavirus State and Local Fiscal Recovery Funds, 31 C.F.R. Part 35, 87 FR 4338-4454 (January 27, 2022) (Final Rule), available at: https://www.federalregister.gov/documents/2022/01/27/2022-00292/coronavirus-state-and-local- fiscal-recovery-funds. 9 D.22-04-055, Appendix A, Section 2, p. A-5. 10 See Federal Funding Account Public Map, https://federalfundingaccountmap.vetro.io/ (visited August 19, 2024). Page 148 of 641 Resolution T-17852 CD/CJ2 7 Commission approve the application of Astound for a grant of up to $6,794,215 for the Atascadero-Paso Robles project. 2. Surfnet Communications, Branch Staff recommends the Commission approve Surfnet Communications’ application for a grant of up to $2,093,539 to the California Broadband Alliance for the Branch project. The Branch project proposes to serve an estimated 856 unserved locations based on a March 2024 supplemental application filing. There are approximately 844 unserved units in the project area. An estimated unserved population of 2,087 would be offered service. An estimated total population of 2,087 will benefit from these investments in the community of Branch. The last-mile fiber project will provide up to 1000 Mbps/1000 Mbps service to consumers. The California Broadband Alliance will be the grant recipient and owner of the project infrastructure. The California Broadband Alliance will enter into an agreement with the applicant, Surfnet Communications, who will manage the project construction. After the project is complete, Surfnet Communications will lease access to the infrastructure from the California Broadband Alliance. Surfnet Communications will deploy approximately two miles of last-mile fiber and 25 of middle mile and backhaul fiber. The network infrastructure will be 5 percent underground. Surfnet Communications will provide a low-cost plan that meets the requirements in D. 22-04-055, Section 3, and has committed to maintaining the price of that plan for at least ten years. The proposed project will cost an estimated $2,093,539 of which the Federal Funding Account will fund approximately 100 percent of costs. Staff determined that the applicant and the project are financially viable, and the applicant’s engineering meets the program standards. The applicant demonstrated the administrative, technical, and operational capacity to provide broadband service at the scale of this project. This application received no objections. Page 149 of 641 Resolution T-17852 CD/CJ2 8 No Federal Funding Account Public Map comments were submitted in San Luis Obispo County.11 The Branch project area’s unserved locations were evaluated in light of the updated Federal Communications Commission and Federal Funding Account unserved data (as of June 30, 2023). In response to this data, the number of unserved locations is unchanged at 856, the project area is unchanged, and the total grant amount is unchanged. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Location Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations. One letter of support was submitted for this application from the Broadband Consortium of the Pacific Coast. The proposed project provides the public safety benefits of reliable broadband infrastructure. This project will connect to the open-access Middle-Mile Broadband Initiative. This project includes approximately 25 miles of open-access middle-mile fiber and backhaul fiber, and to connect them to the Middle-Mile Broadband Initiative. Based on the information received, the Commission’s Energy Division has determined that this project has not met the requirements for a CEQA categorial exemption at this time. Surfnet Communications and the California Broadband Alliance must comply with the CEQA requirements discussed in the appendices. If Surfnet Communications or the California Broadband Alliance provides additional documentation sufficient to justify a staff determination of CEQA exemption, then the project can be exempted by letter from the Communications Division Director or the director’s delegate or designee. The California Broadband Alliance, Surfnet Communications, and the Branch project comply with all requirements for approval in D. 22-04-055. The Communications Division recommends that the Commission approve the application of Surfnet Communications for a grant of up to $2,093,539 to the California Broadband Alliance for the Branch project. 3. Surfnet Communications, Corbett Canyon Staff recommends the Commission approve Surfnet Communications’ application for a grant of up to $1,280,937 to the California Broadband Alliance for the Corbett Canyon project. 11 See Federal Funding Account Public Map, https://federalfundingaccountmap.vetro.io/ (visited August 19, 2024). Page 150 of 641 Resolution T-17852 CD/CJ2 9 The Corbett Canyon project proposes to serve an estimated 273 unserved locations based on a March 2024 supplemental application filing. There are approximately 443 unserved units in the project area. An estimated unserved population of 989 would be offered service. An estimated total population of 2,168 will benefit from these investments in the community of Corbett Canyon. The last-mile fiber project will provide up to 1000 Mbps/1000 Mbps per second service to consumers. The California Broadband Alliance will be the grant recipient and owner of the project infrastructure. The California Broadband Alliance will enter into an agreement with the applicant, Surfnet Communications, who will manage the project construction. After the project is complete, Surfnet Communications will lease access to the infrastructure from the California Broadband Alliance. Surfnet Communications will deploy approximately 18 miles of last-mile fiber. The network will be 5 percent underground. Surfnet Communications will provide a low-cost plan that meets the requirements in D. 22-04-055, Section 3, and has committed to maintaining the price of that plan for at least ten years. The proposed project will cost an estimated $1,280,937, of which the Federal Funding Account will fund approximately 100 percent of costs. Staff determined that the applicant and the project are financially viable, and the applicant’s engineering meets the program standards. The applicant demonstrated the administrative, technical, and operational capacity to provide broadband service at the scale of this project. This application received one objection. Staff determined that the objector did not provide sufficient documentation to substantiate a claim that it would serve the project area. The project area of Corbett Canyon was not modified in response to objections. No Federal Funding Account Public Map comments were submitted in San Luis Obispo County.12 Corbett Canyon project area’s unserved locations were evaluated in light of the updated Federal Communications Commission and Federal Funding Account unserved data (as of June 30, 2023). In response to objections and this data, the number of unserved locations is unchanged at 273, the project area is unchanged, and the total grant amount is unchanged. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Location Fabric after detailed 12 See Federal Funding Account Public Map, https://federalfundingaccountmap.vetro.io/ (visited August 19, 2024). Page 151 of 641 Resolution T-17852 CD/CJ2 10 engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations. One letter of support was submitted for this application from the Broadband Consortium of the Pacific Coast. The proposed project provides the public safety benefits of reliable broadband infrastructure and will benefit households located in High Fire Threat District 2. This project will connect to the open-access Middle-Mile Broadband Initiative. Based on the information received, the Commission’s Energy Division has determined that this project has not met the requirements for a CEQA categorial exemption at this time. Surfnet Communications and the California Broadband Alliance must comply with the CEQA requirements discussed in the appendices. If Surfnet Communications or the California Broadband Alliance provides additional documentation sufficient to justify a staff determination of CEQA exemption, then the project can be exempted by letter from the Communications Division Director or the director’s delegate or designee. Surfnet Communications, the California Broadband Alliance, and the Corbett Canyon project comply with all requirements for approval in D. 22-04-055. The Communications Division recommends that the Commission approve the application of Surfnet Communications for a grant of up to $1,280,937 to the California Broadband Alliance for the Corbett Canyon project. 4. Surfnet Communications, Old Oak Park Staff recommends the Commission approve Surfnet Communications’ application for a grant of up to $1,550,572 to the California Broadband Alliance for the Old Oak Park project. The Old Oak Park project proposes to serve an estimated 370 unserved locations based on a March 2024 supplemental application filing as modified by a subsequent objection. There are approximately 482 unserved units in the project area. An estimated unserved population of 1,143 would be offered service. An estimated total population of 1,688 will benefit from these investments in the community of Old Oak Park. The last-mile fiber project will provide up to 1000 Mbps/1000 Mbps service to consumers. The California Broadband Alliance will be the grant recipient and owner of the project infrastructure. The California Broadband Alliance will enter into an agreement with the applicant, Surfnet Communications, who will manage the project construction. After the project is complete, Surfnet Communications will lease access to the infrastructure from the California Broadband Alliance. Page 152 of 641 Resolution T-17852 CD/CJ2 11 Surfnet Communications will deploy approximately three miles of last-mile fiber and 15 miles of middle mile and backhaul fiber. The network will be 5 percent underground. Surfnet Communications will provide a low-cost plan that meets the requirements in D. 22-04-055, Section 3, and has committed to maintaining the price of that plan for at least ten years. The proposed project will cost an estimated $1,550,572, of which the Federal Funding Account will fund approximately 100 percent of costs. Staff determined that the applicant and the project are financially viable, and the applicant’s engineering meets the program standards. The applicant demonstrated the administrative, technical, and operational capacity to provide broadband service at the scale of this project. This application received one objection. Staff removed nine locations from the project that were determined to be served and reduced the proposed award to reflect fewer locations. No Federal Funding Account Public Map comments were submitted in San Luis Obispo County.13 Old Oak Park project area’s unserved locations were evaluated in light of the updated Federal Communications Commission and Federal Funding Account unserved data (as of June 30, 2023). In response to objections and this data, the number of unserved locations was reduced to 370, and the total grant amount was reduced to $1,550,572. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Location Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations. One letter of support was submitted for this application from the Broadband Consortium of the Pacific Coast. The proposed project provides the public safety benefits of reliable broadband infrastructure and will benefit households located in High Fire Threat District 2. This project will connect to the open-access Middle-Mile Broadband Initiative. Based on the information received, the Commission’s Energy Division has determined that this project has not met the requirements for a CEQA categorial exemption at this time. Surfnet Communications and the California Broadband Alliance must comply with the CEQA requirements discussed in the appendices. If Surfnet Communications 13 See Federal Funding Account Public Map, https://federalfundingaccountmap.vetro.io/ (visited August 19, 2024). Page 153 of 641 Resolution T-17852 CD/CJ2 12 or the California Broadband Alliance provides additional documentation sufficient to justify a staff determination of CEQA exemption, then the project can be exempted by letter from the Communications Division Director or the director’s delegate or designee. Surfnet Communications, the California Broadband Alliance and the Old Oak Park project comply with all requirements for approval in D. 22-04-055. The Communications Division recommends that the Commission approve the application of Surfnet Communications for a grant of up to $1,550,572 to the California Broadband Alliance for the Old Oak Park project. 5. City of San Luis Obispo, San Luis Obispo Affordable Broadband Network Staff recommends the Commission approve the City of San Luis Obispo’s application for a grant of up to $4,863,799 for the San Luis Obispo Affordable Broadband Network project. The San Luis Obispo Affordable Broadband Network project proposes to serve an estimated 490 unserved locations based on a March 2024 supplemental application filing. There are approximately 966 unserved units in the project area. An estimated unserved population of 2,011 would be offered service. An estimated total population of 13,423 will benefit from these investments in the community of San Luis Obispo. The last-mile fiber project will provide up to 1000/1000 Mbps service to consumers. The City of San Luis Obispo will deploy approximately 5 miles of last-mile fiber. The network will be 32 percent underground. The City of San Luis Obispo is the applicant and awardee. The City of San Luis Obispo will retain ownership and anticipates entering into an agreement with Astound to provide last mil service. This recommended award is conditioned on City of San Luis Obispo last-mile agreements that are consistent with the program requirements. The San Luis Obispo Affordable Broadband Network project will benefit disadvantaged or Environmental and Social Justice communities; 78 percent of the unserved locations are in low-income communities. Through its contracted operator of Astound, the City of San Luis Obispo will provide a low-cost plan that meets the requirements in D. 22-04- 055, Section 3, and has committed to maintaining the price of that plan for at least ten years. The proposed project will cost an estimated $6,074,810 of which the Federal Funding Account will fund approximately 80 percent of costs. Page 154 of 641 Resolution T-17852 CD/CJ2 13 Staff determined that the applicant and the project are financially viable, and the applicant’s engineering meets the program standards. The applicant demonstrated the administrative, technical, and operational capacity to provide broadband service at the scale of this project. This application received two objections. Staff determined that fragmenting the applicant’s served areas is likely to threaten the fiscal and technical viability of the award. Therefore, the proposed project area remains unchanged. The Federal Final Rule and D.22-04-055 allow projects serving unserved locations to include served locations to make the project viable. No Federal Funding Account Public Map comments were submitted in San Luis Obispo County.14 San Luis Obispo Affordable Broadband Network project area’s unserved locations were evaluated in light of the updated Federal Communications Commission and Federal Funding Account unserved data (as of June 30, 2023). In response to objections and this data, the number of unserved locations is unchanged at 490, the project area is unchanged, and the total grant amount is unchanged. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Location Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations. The following submitted letters of support for this application: San Luis Coastal Unified School District, California Polytechnic State University – San Luis Obispo, Community Action Partnership of San Luis Obispo, People’s Self-Help Housing, REACH the Regional Economic Action Coalition, Broadband Consortium of the Pacific Coast, San Luis Obispo Council of Governments, and the San Luis Obispo Chamber of Commerce. The proposed project provides the public safety benefits of reliable broadband infrastructure and will benefit households located in High Fire Threat District 2. This project will connect to the open-access Middle-Mile Broadband Initiative. Based on the information received, the Commission’s Energy Division has determined that this project has not met the requirements for a CEQA categorial exemption at this time. The City of San Luis Obispo must comply with the CEQA requirements discussed in the appendices. If the City of San Luis Obispo provides additional documentation sufficient to justify a staff determination of CEQA exemption, then the project can be exempted by letter from the Communications Division Director or the director’s delegate or designee. 14 See Federal Funding Account Public Map, https://federalfundingaccountmap.vetro.io/ (visited August 19, 2024). Page 155 of 641 Resolution T-17852 CD/CJ2 14 City of San Luis Obispo and the San Luis Obispo Affordable Broadband Network project comply with all requirements for approval in D. 22-04-055. The Communications Division recommends that the Commission approve the application of City of San Luis Obispo for a grant of up to $4,863,799 for the San Luis Obispo Affordable Broadband Network project. 6. Surfnet Communications, Shandon Staff recommends the Commission approve Surfnet Communications’ application for a grant of up to $722,821 to the California Broadband Alliance for the Shandon project. The Shandon project proposes to serve an estimated 443 unserved locations based on a March 2024 supplemental application filing. There are approximately 424 unserved units in the project area. An estimated unserved population of 1,281 would be offered service. An estimated total population of 1,318 will benefit from these investments in the community of Shandon. The last-mile fiber project will provide up to 1000 Mbps/1000 Mbps per second service to consumers. The California Broadband Alliance will be the grant recipient and owner of the project infrastructure. The California Broadband Alliance will enter into an agreement with the applicant, Surfnet Communications, who will manage the project construction. After the project is complete, Surfnet Communications will lease access to the infrastructure from the California Broadband Alliance. Surfnet Communications will deploy approximately 6 miles of last-mile fiber. The network will be 5 percent underground. Seven percent of the unserved locations in the Shandon project are in low-income communities. Surfnet Communications will provide a low-cost plan that meets the requirements in D. 22-04-055, Section 3, and has committed to maintaining the price of that plan for at least ten years. The proposed project will cost an estimated $722,821, of which the Federal Funding Account will fund approximately 100 percent of costs. Staff determined that the applicant and the project are financially viable, and the applicant’s engineering meets the program standards. The applicant demonstrated the administrative, technical, and operational capacity to provide broadband service at the scale of this project. This application received no objections. Page 156 of 641 Resolution T-17852 CD/CJ2 15 No Federal Funding Account Public Map comments were submitted in San Luis Obispo County.15 The Shandon project area’s unserved locations were evaluated in light of the updated Federal Communications Commission and Federal Funding Account unserved data (as of June 30, 2023). In response to this data, the number of unserved locations is unchanged at 443, the project area is unchanged, and the total grant amount is unchanged. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Location Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations. One letter of support was submitted for this application from the Broadband Consortium of the Pacific Coast. The proposed project provides the public safety benefits of reliable broadband infrastructure. This project will connect to the open-access Middle-Mile Broadband Initiative. Based on information that Surfnet Communications provided, the Commission’s Energy Division has confirmed that the project meets the criteria for the California Environmental Quality Act (CEQA) categorical exemptions under 14 California Code of Regulations (C.C.R.) Section 15301 (Existing Facilities), 14 C.C.R Section 15303 (New Construction or Conversion of Small Structures), and 14 C.C.R Section 15304 (Minor Alterations to Land). Thus, the Shandon project is categorically exempt from CEQA review and the CPUC may authorize funds for construction activities. Surfnet Communications, the California Broadband Alliance, and the Shandon project comply with all requirements for approval in D. 22-04-055. The Communications Division recommends that the Commission approve the application of Surfnet Communications for a grant of up to $722,821 to the California Broadband Alliance for the Shandon project. 7. Surfnet Communications, Whitley Gardens Staff recommends the Commission approve Surfnet Communications’ application for a grant of up to $705,378 to the California Broadband Alliance for the Whitley Gardens project. The Whitley Gardens project proposes to serve an estimated 121 unserved locations based on a March 2024 supplemental application filing. There are approximately 131 unserved units in the project area. An estimated unserved population of 330 would be 15 See Federal Funding Account Public Map, https://federalfundingaccountmap.vetro.io/ (visited August 19, 2024). Page 157 of 641 Resolution T-17852 CD/CJ2 16 offered service. An estimated total population of 332 will benefit from these investments in the community of Whitley Gardens. The last-mile fiber project will provide up to 1000 Mbps/1000 Mbps per second service to consumers. The California Broadband Alliance will be the grant recipient and owner of the project infrastructure. The California Broadband Alliance will enter into an agreement with the applicant, Surfnet Communications, who will manage the project construction. After the project is complete, Surfnet Communications will lease access to the infrastructure from the California Broadband Alliance. Surfnet Communications will deploy approximately two miles of last-mile fiber and one mile of middle mile fiber. The network will be 5 percent underground. Fifteen percent of the unserved locations in the Whitley Gardens project in low-income communities. Surfnet Communications will provide a low-cost plan that meets the requirements in D. 22-04-055, Section 3, and has committed to maintaining the price of that plan for at least ten years. The proposed project will cost an estimated $705,378, of which the Federal Funding Account will fund approximately 100 percent of costs. Staff determined that the applicant and the project are financially viable, and the applicant’s engineering meets the program standards. The applicant demonstrated the administrative, technical, and operational capacity to provide broadband service at the scale of this project. This application received no objections. No Federal Funding Account Public Map comments were submitted in San Luis Obispo County.16 Whitley Gardens project area’s unserved locations were evaluated in light of the updated Federal Communications Commission and Federal Funding Account unserved data (as of June 30, 2023). In response to this data, the number of unserved locations is unchanged at 121, the project area is unchanged, and the total grant amount is unchanged. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Location Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations. One letter of support was submitted for this application from the Broadband Consortium of the Pacific Coast. 16 See Federal Funding Account Public Map, https://federalfundingaccountmap.vetro.io/ (visited August 19, 2024). Page 158 of 641 Resolution T-17852 CD/CJ2 17 The proposed project provides the public safety benefits of reliable broadband infrastructure. This project will connect to the open-access Middle-Mile Broadband Initiative. Based on the information received, the Commission’s Energy Division has determined that this project has not met the requirements for a CEQA categorial exemption at this time. Surfnet Communications and the California Broadband Alliance must comply with the CEQA requirements discussed in the appendices. If Surfnet Communications or the California Broadband Alliance provides additional documentation sufficient to justify a staff determination of CEQA exemption, then the project can be exempted by letter from the Communications Division Director or the director’s delegate or designee. Surfnet Communications, the California Broadband Alliance, and the Whitley Gardens project comply with all requirements for approval in D. 22-04-055. The Communications Division recommends that the Commission approve the application of Surfnet Communications for a grant of up to $705,378 to the California Broadband Alliance for the Whitley Gardens project. Comments In compliance with Public Utilities Code Section 311(g)(1), a Notice of Availability of this draft resolution was e-mailed on September 12, 2024, informing all parties on the CASF Distribution List and the R. 20-09-001 Service List of the availability of the draft of this Resolution, and of the opportunity to comment, at the Commission’s website at http://www.cpuc.ca.gov/. Resolution comments were submitted on October 2, 2024, by Charter. Charter’s Comments Charter requests the removal of locations which Staff acknowledge are currently served. They state that they believe this to be approximately 85 percent of locations in the project area, and that there is no evidence that proves building to the currently served locations is essential for the rest of the project. Charter requests substantial evidence that proves how deploying to served locations is essential for the viability of the project, and states that, if the Commission cannot prove that the served locations are necessary, then they should be removed. Staff Response to Comments With regards to Charter’s comments, all entities were given an opportunity to object to proposed applications and provide detailed data under the program rules. Charter’s comments to this resolution reiterated the objections that Charter submitted during the Page 159 of 641 Resolution T-17852 CD/CJ2 18 28-day objection period that lasted from October 23, 2023 to November 20, 2023. The comments do not present new or updated information. The City of San Luis Obispo submitted a thorough response to Charter’s objection on December 6, 2023, that analyzed residents’ inequitable access to broadband, showed that some neighborhoods are unserved, and argued that Charter does not provide reliable and affordable service at the locations that are considered served. In response to Charter’s objections, Staff reexamined Charter’s contentions that it already provides reliable high-speed broadband service to the locations where Charter submitted objections, and determined that the San Luis Obispo Affordable Broadband Network project could not feasibly serve the unserved locations in the project area without including the disputed locations. Furthermore, the San Luis Obispo Affordable Broadband Network project will provide reliable, low-cost broadband service in a disadvantaged community, benefitting served and unserved households alike. Staff has not modified the San Luis Obispo Affordable Broadband Network project area, grant amount, or locations in response to comments on the Resolution. Nonetheless, Staff will confer with the City of San Luis Obispo regarding the specific locations to be provided service for the San Luis Obispo Affordable Broadband Network, which will be updated and reconciled with the Broadband Serviceable Location Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations. IV. COMPLIANCE REQUIREMENTS Awardees are required to comply with all the guidelines, requirements, and conditions associated with the grant of Federal Funding Account awards as specified in D.22-04- 055. All Awardees are also required to sign a consent form agreeing to the terms and conditions of the Federal Funding Account. Such compliance includes, but is not limited to, the items noted below. A. Deployment Schedule: All CEQA-exempt projects must be completed within 18 months, and all other projects shall be completed within 24 months after receiving authorization to construct. B. Pricing: By accepting these awards, the Awardees commit to serve customers in the project area at prices not exceeding those provided in the application for five years after project completion. Awardees who committed not to increase prices for a period of ten years in their application commit to serve customers in the project area for ten years after project completion. Should the need arise for grant recipients to adjust prices due to externalities outside their control (e.g. inflation), grant recipients may file and serve, on the R. 20-09-001 proceeding service list, a request to modify this requirement with the Communications Division. Page 160 of 641 Resolution T-17852 CD/CJ2 19 C. Speed and Latency: All households in the proposed project areas must be offered a broadband internet service plan with speeds of at least 100 megabits per second megabits per second download and 100 megabits per second upload, with not more than 100 milliseconds of latency. D. Affordability: All projects shall participate in the Affordable Connectivity Program or otherwise provide access to a broad-based affordability program to low-income customers in the proposed service area of the broadband infrastructure that provides benefits to households commensurate with those provided under the Affordable Connectivity Program. Should the Affordable Connectivity Program end, the Commission will identify a successor low-income subsidy program in which participants must participate. Awardees must participate in a successor to the Affordable Connectivity Program identified after the grant is awarded. E. Project Audit: The Commission has the right to conduct any necessary audit, verification, and discovery during project implementation/construction to ensure that Federal Funding Account funds are spent in accordance with Commission approval. All recipients of federally funded grants exceeding $750,000 will need to include a budget for a federal audit.17 F. Reporting Requirements: Numerous post-award reports are required. In summary, these include monthly contractor reports (if applicable), quarterly progress reports, and a final completion report.18 G. Prevailing Wage: Section 1720 of the California Labor Code requires Federal Funding Account projects be subject to prevailing wage requirements.19 Applicants accepting Federal Funding Account awards are committing to follow state prevailing wage requirements with regards to their projects. H. Payments to Federal Funding Account Recipients: The Commission may reimburse Awardees’ expenses in accordance with Public Utilities Code Section 281(n)(2), D.22-04- 055, and the Appendix. Requests for payments may be submitted as the project is progressively deployed. The prerequisite for first payment is the submittal of a progress report to the Commission showing that a minimum of ten percent of the project (as determined by budget spent) has been completed. Subsequent payments may be made 17 Treasury, Compliance and Reporting Guidance State and Local Fiscal Recovery Funds (November 15, 2021 Version 2.1), available at https://home.treasury.gov/system/files/136/SLFRF-Compliance-and- Reporting-Guidance.pdf. 18 D. 22-04-055, Appendix A, Section 14. 19 D.22-054-055, Section 13.2, page 57. Page 161 of 641 Resolution T-17852 CD/CJ2 20 upon at least 25 percent intervals, with the final 15 percent payment request (from 85 to 100 percent) not eligible for payment without an approved completion report. Payments are based on submitted receipts, invoices and other supporting documentation showing expenditures incurred for the project in accordance with the approved Federal Funding Account budget included in the awardee’s application. FINDINGS OF FACT 1. California’s multi-year broadband infrastructure investments in the Budget Act of 2021 and Senate Bill 156 (Statutes 2021, Chapters 84 and 112) provided $2 billion over multiple years to the Last Mile Federal Funding Account to facilitate, via reimbursement, construction of last mile broadband infrastructure projects to connect unserved Californians. 2. On April 21, 2022, the Commission approved Decision 22-04-055, which along with the Federal Final Rule, established the Last Mile Federal Funding Account and set program rules. 3. The Communications Division opened an application window for the Federal Funding Account on June 30, 2023, and closed it on September 29, 2023. Applicants submitted 484 applications before the deadline. Application summaries were posted on October 23, 2023, and a 28-day objection window closed on November 20, 2023. Responses to objections were received until December 20, 2023. 4. Astound submitted an application for the Atascadero – Paso Robles project on September 29, 2023. 5. Surfnet Communications submitted applications for the Branch, Corbett Canyon, Old Oak Park, Shandon, and Whitley Gardens projects on September 29, 2023. 6. The City of San Luis Obispo submitted an application for the project on September 29, 2023. 7. Applicants responded to a supplemental data request that was due on March 12, 2024, providing information on project route miles, poles, unserved locations, middle-mile connectivity, and other updated project specific information. 8. The Commission has determined that Surfnet Communications’ Shandon project is categorically exempt from California Environmental Quality Act (CEQA) review pursuant to CEQA Guidelines at 14 California Code of Regulations (C.C.R.) Section 15301 regarding exemption for existing facilities, 14 C.C.R. Section 15303 regarding new construction or conversion of small structures, and 14 C.C.R. Section 15304, Page 162 of 641 Resolution T-17852 CD/CJ2 21 which consists of minor public or private alterations in the condition of land. 9. The Commission has determined that Astound’s Atascadero - Paso Robles project is not categorically exempt from California Environmental Quality Act review at this time. 10. The Commission has determined that Surfnet Communications’ Branch, Corbett Canyon, Old Oak Park, Shandon, and Whitley Gardens projects are not categorically exempt from California Environmental Quality Act review at this time. 11. The Commission has determined that the City of San Luis Obispo’s San Luis Obispo Affordable Broadband Network project is not categorically exempt from California Environmental Quality Act review at this time. 12. Communications Division staff analyzed the applications for compliance with Commission and Federal rules, reviewed local feedback, and conducted fiscal and technical analysis. 13. All applications listed above met minimum eligibility requirements provided in Decision 22-04-055. 14. Staff recommends approval of the applications in this resolution, as they comply with program rules as stated and contribute to the Federal Funding Account’s goal of building broadband internet infrastructure to communities without access to internet service at sufficient and reliable speeds. 15. Draft Resolution T-17852 was emailed to the CASF Distribution List and the R. 20- 09-001 Service List on September 12, 2024, in compliance with Public Utilities Code Section 311(g)(1). THERFORE, IT IS ORDERED that: 1. The Commission shall award up to $6,794,215 in Federal Funding Account funds to Astound in order to complete the Atascadero – Paso Robles project, as described in the appendices. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Location Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations. 2. The Commission shall award up to $2,093,539 in Federal Funding Account funds to the California Broadband Alliance in order to complete the Branch project, as Page 163 of 641 Resolution T-17852 CD/CJ2 22 described in the appendices. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Location Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations. 3. The Commission shall award up to $1,280,937 in Federal Funding Account funds to the California Broadband Alliance in order to complete the Corbett Canyon project, as described in the appendices. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Location Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations. 4. The Commission shall award up to $1,550,572 in Federal Funding Account funds to the California Broadband Alliance in order to complete the Old Oak Park project, as described in the appendices. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Location Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations. 5. The Commission shall award up to $4,863,799 in Federal Funding Account funds to the City of San Luis Obispo in order to complete the San Luis Obispo Affordable Broadband Network project, as described in the appendices. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Location Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations. 6. The Commission shall award up to $722,821 in Federal Funding Account funds to the California Broadband Alliance in order to complete the Shandon project, as described in the appendices. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Location Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations. 7. The Commission shall award up to $705,378 in Federal Funding Account funds to the California Broadband Alliance in order to complete the Whitley Gardens project, as described in the appendices. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Location Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations. Page 164 of 641 Resolution T-17852 CD/CJ2 23 8. To ensure compliance with all program rules and guidelines, the Commission will not release funds to an applicant, including but not limited to the California Broadband Alliance and the City of San Luis Obispo, proposing to enter into agreement(s) with a third party or third parties for the ownership, operation, and/or leasing of the proposed infrastructure or network until the applicant provides the Commission with an advanced copy of the agreement document(s) as well as any signed agreements. 9. Applicants that committed to provide voice and/or Lifeline service must provide voice service and participate in LifeLine for five years after project completion in Federal Funding Account project areas. 10. For those projects not determined to be categorically exempt, the Commission cannot release funds for construction activities until California Environmental Quality Act (CEQA) review is complete. The awardees must comply with the requirements set forth in the CEQA Section of the Resolution. The awardees must provide their Proponent’s Environmental Assessment for each project prior to the first payment. 11. Awardee(s) shall comply with all guidelines, requirements, and conditions set forth in this resolution. 12. When a successor to the Affordable Connectivity Program is identified by the Commission, all awardees shall participate in that program. 13. All construction covered by the grant must be completed within the applicable 18- month or 24-month time frame. In the event of extenuating circumstances jeopardizing this timeline, the Awardee(s) must notify the Communications Division’s Director as soon as they become aware of any delay. If such notice is not provided, staff can take corrective actions including reducing payment for failure to satisfy this requirement. 14. If the awardee(s) fail to complete the project(s) in accordance with the terms outlined in Decision 22-04-055 and with the terms of the Commission’s approval, as set forth in this resolution, awardees must reimburse some or all the Federal Funding Account grants received or take other corrective action. 15. If staff evaluation finds any of the projects can be exempt from the California Environmental Quality Act, then the project can be exempted by letter from the Communications Division Director or the director’s delegate or designee. 16. The effective date of each award and encumbrance of funds is to be set, in consultation with the Applicant, by letter from the Communications Division Page 165 of 641 Resolution T-17852 CD/CJ2 24 Director or the director’s delegate or designee. All awards are contingent on available state budget appropriations funding. This resolution is effective today. I certify that the foregoing resolution was duly introduced, passed, and adopted at a conference of the Public Utilities Commission of the State of California held on October 17, 2024, the following Commissioners voting favorable thereon: /s/ RACHEL PETERSON Rachel Peterson Executive Director ALICE REYNOLDS President DARCIE L. HOUCK JOHN REYNOLDS KAREN DOUGLAS MATTHEW BAKER Commissioners Page 166 of 641 Resolution T-17852 CD/CJ2 A-1 APPENDIX A California Broadband Alliance and Surfnet Communications California Environmental Quality Act Compliance Requirements The following Surfnet Communications project is categorically exempt from California Environmental Quality Act (CEQA) review: - Shandon For the Shandon project located in unincorporated San Luis Obispo County, the CPUC was provided with project plans to construct six miles of fiber optic cable. The project includes 95 percent aerial installation on existing poles, and five percent underground. Underground installation will be located in existing rights-of-way and utility easements and will avoid previously undisturbed ground. Aerial installation will occur on existing support structures and in compliance with CPUC GO 95 loading requirements. Based on information that Surfnet Communications provided, the CPUC’s Energy Division has confirmed that the project meets the criteria for the CEQA categorical exemptions under 14 C.C.R Section 15301 (Existing Facilities), 14 C.C.R Section 15303 (New Construction or Conversion of Small Structures), and 14 C.C.R Section 15304 (Minor Alterations to Land). Thus, the Shandon project is categorically exempt from CEQA review and the CPUC may authorize funds for construction activities. Page 167 of 641 Resolution T-17852 CD/CJ2 B-1 APPENDIX B Astound California Environmental Quality Act Compliance Requirements The following Astound project is subject to California Environmental Quality Act (CEQA) review:  Atascadero – Paso Robles The Commission must complete CEQA review prior to disbursing Federal Funding Account funds for construction activities. The initial funding granted in this Resolution may be used for project development and other Astound activities that do not involve construction or any activities that would have any direct or indirect effect on the physical environment. Prior to any construction activity for the project, Astound is required to seek further authority from the Commission for such activity by filing a Proponent’s Environmental Assessment (PEA) pursuant to Commission Rule of Practice and Procedure 2.4; and must undergo an environmental review pursuant to CEQA (California Public Resources Code § 21000 et seq.). Astound should contact the Supervisor of the Commission’s Energy Division CEQA Unit well in advance of a contemplated filing to (a) consult with staff regarding the process of developing and filing a PEA; (b) provide for cost recovery per Rule of Practice and Procedure 2.5; and (c) enter into a Memorandum of Understanding to allow the Energy Division to initiate the retention of an environmental contractor to perform the environmental review. Astound must provide a PEA prior to the first payment. The Commission cannot release funds for the construction phase of this project until the Commission has completed CEQA review. Page 168 of 641 Resolution T-17852 CD/CJ2 C-1 APPENDIX C California Broadband Alliance and Surfnet Communications California Environmental Quality Act Compliance Requirements The following Surfnet Communications projects are subject to California Environmental Quality Act (CEQA) review:  Branch  Corbett Canyon  Old Oak Park  Whitley Gardens The Commission must complete CEQA review prior to disbursing Federal Funding Account funds for construction activities. The initial funding granted in this Resolution may be used for project development and other Surfnet Communications or California Broadband Alliance activities that do not involve construction or any activities that would have any direct or indirect effect on the physical environment. Prior to any construction activity for the project, Surfnet Communications and the California Broadband Alliance are required to seek further authority from the Commission for such activity by filing a Proponent’s Environmental Assessment (PEA) pursuant to Commission Rule of Practice and Procedure 2.4; and must undergo an environmental review pursuant to CEQA (California Public Resources Code § 21000 et seq.). The California Broadband Alliance and Surfnet Communications should contact the Supervisor of the Commission’s Energy Division CEQA Unit well in advance of a contemplated filing to (a) consult with staff regarding the process of developing and filing a PEA; (b) provide for cost recovery per Rule of Practice and Procedure 2.5; and (c) enter into a Memorandum of Understanding to allow the Energy Division to initiate the retention of an environmental contractor to perform the environmental review. The California Broadband Alliance and Surfnet Communications must provide a PEA prior to the first payment. The Commission cannot release funds for the construction phase of this project until the Commission has completed CEQA review. Page 169 of 641 Resolution T-17852 CD/CJ2 D-1 APPENDIX D City of San Luis Obispo California Environmental Quality Act Compliance Requirements The following City of San Luis Obispo project is subject to California Environmental Quality Act (CEQA) review:  San Luis Obispo Affordable Broadband Network The Commission must complete CEQA review prior to disbursing Federal Funding Account funds for construction activities. The initial funding granted in this Resolution may be used for project development and other City of San Luis Obispo activities that do not involve construction or any activities that would have any direct or indirect effect on the physical environment. Prior to any construction activity for the project, the City of San Luis Obispo is required to seek further authority from the Commission for such activity by filing a Proponent’s Environmental Assessment (PEA) pursuant to Commission Rule of Practice and Procedure 2.4; and must undergo an environmental review pursuant to CEQA (California Public Resources Code § 21000 et seq.). The City of San Luis Obispo should contact the Supervisor of the Commission’s Energy Division CEQA Unit well in advance of a contemplated filing to (a) consult with staff regarding the process of developing and filing a PEA; (b) provide for cost recovery per Rule of Practice and Procedure 2.5; and (c) enter into a Memorandum of Understanding to allow the Energy Division to initiate the retention of an environmental contractor to perform the environmental review. The City of San Luis Obispo must provide a PEA prior to the first payment. The Commission cannot release funds for the construction phase of this project until the Commission has completed CEQA review. Page 170 of 641 Resolution T-17852 CD/CJ2 E-1 APPENDIX E Astound Service Plans As a condition of the grant awards in this Resolution, Astound is obligated to offer service to customers in the project areas of the listed projects at no less than the speeds in the Table below, no more than 100 milliseconds of latency, and no more than the prices20 in the Table below, including installation, for at least ten years following project completion:  Atascadero – Paso Robles Plan Speed Price in 2024 Dollars Notes Internet First 50/50 Mbps $10/month Customers must provide documentation showing eligibility for a qualifying program.21 Low-Cost Plan 100/100 Mbps $40/month - 1 Gig Internet 1,000/1,000 Mbps $80/month - 2 Gig Internet 2,000/2,000 Mbps $129.95/month - As a condition of the grant awards in this Resolution, Astound has committed to provide LifeLine-discounted voice service in the project area listed. 20 Prices may increase at no more than the rate of inflation, defined by the Consumer Price Index. 21 Qualifying programs/income thresholds include: Medicaid; Public Housing Assistance; Unemployment; Supplemental Nutrition Assistance Program; Temporary Assistance for Needy Families; Supplemental Security Income; National School Lunch Program or Head Start; Low Income Home Energy Assistance Program; the Special Supplemental Nutrition Program for Women, Infants and Children; Federal Pell Grants; Veterans Administration Pensions; Tribal Assistance, including Tribal Temporary Assistance to Needy Families and Food Distribution Program on Indian Reservations. Page 171 of 641 Resolution T-17852 CD/CJ2 F-1 APPENDIX F California Broadband Alliance and Surfnet Communications Service Plans As a condition of the grant awards in this Resolution, the California Broadband Alliance and Surfnet Communications are obligated to offer service to customers in the project areas of the listed projects at no less than the speeds in the Table below, no more than 100 milliseconds of latency, and no more than the prices22 in the Table below, including installation, for at least ten years following project completion.  Branch  Corbett Canyon  Old Oak Park  Shandon  Whitley Gardens Plan Speed Price in 2024 Dollars Notes Low-Cost Plan 50/20 Mbps $40/month - Standard Plan 200/200 Mbps $90/month - Premium Plan 1,000/1,000 Mbps $150/month - 22 Prices may increase at no more than the rate of inflation, defined by the Consumer Price Index. Page 172 of 641 Resolution T-17852 CD/CJ2 G-1 APPENDIX G City of San Luis Obispo Service Plans As a condition of the grant awards in this Resolution, the City of San Luis Obispo is obligated to offer service to customers in the project areas of the listed projects at no less than the speeds in the Table below, no more than 100 milliseconds of latency, and no more than the prices23 in the Table below, including installation, for at least ten years following project completion.  San Luis Obispo Affordable Broadband Network Plan Speed Price in 2024 Dollars Notes Internet First 50/50 Mbps $9.99/month Customers must provide documentation showing eligibility for a qualifying program.24 Low-Cost Plan 100/100 Mbps $40/month - 1 Gig Internet 1/1 Gbps $80/month - 23 Prices may increase at no more than the rate of inflation, defined by the Consumer Price Index. 24 Qualifying programs/income thresholds include: Medicaid; Public Housing Assistance; Unemployment; Supplemental Nutrition Assistance Program; Temporary Assistance for Needy Families; Supplemental Security Income; National School Lunch Program or Head Start; Low Income Home Energy Assistance Program; the Special Supplemental Nutrition Program for Women, Infants and Children; Federal Pell Grants; Veterans Administration Pensions; Tribal Assistance, including Tribal Temporary Assistance to Needy Families and Food Distribution Program on Indian Reservations. Page 173 of 641 Resolution T-17852 CD/CJ2 H-1 APPENDIX H Atascadero – Paso Robles Project Key Information Project Name Atascadero-Paso Robles Applicant Name Astound Broadband, LLC Community Names City of Atascadero, City of El Paso de Robles County San Luis Obispo County County Allocation $22,346,936 Project Size (in square miles) 9 Maximum Download/Upload speed 2000 Mbps/2000 Mbps Lowest cost plan (non-income qualified) $40 for 100/100 Mbps Low-income plan $10 for 50/50 Mbps Low-cost plan $40 for 50/20 Mbps minimum LifeLine Participation Yes Percent Disadvantaged Communities 0 percent Percent Low-Income Areas 49 percent Median Household Income (weighted) $53,730 Area Households 767 Area Population 2498 Estimated locations within 1000 feet of the project area (location passings) 2511 Estimated units within 1000 feet of the project area (unit passings) 3775 Unserved locations proposed to be served by the project 201 Unserved locations in the project area 192 Unserved units in the project area 252 Estimated unserved population in the project area 800 Page 174 of 641 Resolution T-17852 CD/CJ2 H-2 Estimated unserved Multiple Dwelling Unit (MDU) locations in the project area 26 Estimated unserved Multiple Dwelling Unit (MDU) location units in the project area 86 Community Anchor Institutions benefitting from the project 7 Public safety locations benefitting from the project 1 Does the project connect to public open access middle mile? No Distance of middle-mile, backhaul, and connection to Middle Mile Broadband Initiative in project 0 Grant costs for middle-mile, backhaul, and connection to Middle Mile Broadband Initiative in project $0 Grant costs for last-mile delivery $6,794,215 Deployment Schedule 15 Months Total Project Cost $6,794,215 Amount of FFA grant funds requested $6,794,215 Applicant funded $0 Grant (excluding middle mile) per unserved unit in the project area $26,961 Grant (excluding middle mile) per unit passing $1,800 Page 175 of 641 Resolution T-17852 CD/CJ2 H-3 Map of Atascadero – Paso Robles Page 176 of 641 Resolution T-17852 CD/CJ2 I-1 APPENDIX I Branch Project Key Information Project Name Branch Applicant Name Surfnet Communications, Inc. Community Names Branch County San Luis Obispo County Allocation $22,346,936 Project Size (in square miles) 5 Maximum Download/Upload speed 1000 Mbps/ 1000 Mbps Lowest cost plan (non-income qualified) $40 for 50/20 Mbps minimum Low-income plan $15 for 200/200 Mbps Low-cost plan $40 for 50/20 Mbps minimum LifeLine Participation No Percent Disadvantaged Communities 0 percent Percent Low-Income Areas 0 percent Median Household Income (weighted) $106,050 Area Households 799 Area Population 2087 Estimated locations within 1000 feet of the project area (location passings) 869 Estimated units within 1000 feet of the project area (unit passings) 888 Unserved locations proposed to be served by the project 856 Unserved locations in the project area 827 Unserved units in the project area 844 Estimated unserved population in the project area 2087 Page 177 of 641 Resolution T-17852 CD/CJ2 I-2 Estimated unserved Multiple Dwelling Unit (MDU) locations in the project area 17 Estimated unserved Multiple Dwelling Unit (MDU) location units in the project area 34 Community Anchor Institutions benefitting from the project 2 Public safety locations benefitting from the project 0 Does the project connect to public open access middle mile? Yes Distance of middle-mile, backhaul, and connection to Middle Mile Broadband Initiative in project 24.8 Grant costs for middle-mile, backhaul, and connection to Middle Mile Broadband Initiative in project $0 Grant costs for last-mile delivery $2,093,539 Deployment Schedule 18 Months Total Project Cost $2,093,539 Amount of FFA grant funds requested $2,093,539 Applicant funded $0 Grant (excluding middle mile) per unserved unit in the project area $2,480 Grant (excluding middle mile) per unit passing $2,358 Page 178 of 641 Resolution T-17852 CD/CJ2 I-3 Map of Branch Page 179 of 641 Resolution T-17852 CD/CJ2 J-1 APPENDIX J Corbett Canyon Project Key Information Project Name Corbett Canyon Applicant Name Surfnet Communications, Inc. Community Names Corbett Canyon County San Luis Obispo County Allocation $22,346,936 Project Size (in square miles) 5 Maximum Download/Upload speed 1000 Mbps/ 1000 Mbps Lowest cost plan (non-income qualified) $40 for 50/20 Mbps minimum Low-income plan $15 for 200/200 Mbps Low-cost plan $40 for 50/20 Mbps minimum LifeLine Participation No Percent Disadvantaged Communities 0 percent Percent Low-Income Areas 0 percent Median Household Income (weighted) $89,567 Area Households 788 Area Population 2168 Estimated locations within 1000 feet of the project area (location passings) 1307 Estimated units within 1000 feet of the project area (unit passings) 1771 Unserved locations proposed to be served by the project 273 Unserved locations in the project area 317 Unserved units in the project area 443 Estimated unserved population in the project area 989 Page 180 of 641 Resolution T-17852 CD/CJ2 J-2 Estimated unserved Multiple Dwelling Unit (MDU) locations in the project area 68 Estimated unserved Multiple Dwelling Unit (MDU) location units in the project area 194 Community Anchor Institutions benefitting from the project 2 Public safety locations benefitting from the project 0 Does the project connect to public open access middle mile? Yes Distance of middle-mile, backhaul, and connection to Middle Mile Broadband Initiative in project 18 Grant costs for middle-mile, backhaul, and connection to Middle Mile Broadband Initiative in project $0 Grant costs for last-mile delivery $1,280,937 Deployment Schedule 18 Months Total Project Cost $1,280,937 Amount of FFA grant funds requested $1,280,937 Applicant funded $0 Grant (excluding middle mile) per unserved unit in the project area $2,892 Grant (excluding middle mile) per unit passing $723 Page 181 of 641 Resolution T-17852 CD/CJ2 J-3 Map of Corbett Canyon Page 182 of 641 Resolution T-17852 CD/CJ2 K-1 APPENDIX K Old Oak Park Project Key Information Project Name Old Oak Park Applicant Name Surfnet Communications, Inc. Community Names Old Oak Park County San Luis Obispo County Allocation $22,346,936 Project Size (in square miles) 5 Maximum Download/Upload speed 1000 Mbps/ 1000 Mbps Lowest cost plan (non-income qualified) $40 for 50/20 Mbps minimum Low-income plan $15 for 200/200 Mbps Low-cost plan $40 for 50/20 Mbps minimum LifeLine Participation No Percent Disadvantaged Communities 0 percent Percent Low-Income Areas 0 percent Median Household Income (weighted) $89,567 Area Households 689 Area Population 1688 Estimated locations within 1000 feet of the project area (location passings) 1073 Estimated units within 1000 feet of the project area (unit passings) 1329 Unserved locations proposed to be served by the project 370 Unserved locations in the project area 362 Unserved units in the project area 482 Estimated unserved population in the project area 1143 Page 183 of 641 Resolution T-17852 CD/CJ2 K-2 Estimated unserved Multiple Dwelling Unit (MDU) locations in the project area 68 Estimated unserved Multiple Dwelling Unit (MDU) location units in the project area 188 Community Anchor Institutions benefitting from the project 6 Public safety locations benefitting from the project 0 Does the project connect to public open access middle mile? Yes Distance of middle-mile, backhaul, and connection to Middle Mile Broadband Initiative in project 14.82 Grant costs for middle-mile, backhaul, and connection to Middle Mile Broadband Initiative in project $0 Grant costs for last-mile delivery $1,550,572 Deployment Schedule 18 Months Total Project Cost $1,550,572 Amount of FFA grant funds requested $1,550,572 Applicant funded $0 Grant (excluding middle mile) per unserved unit in the project area $3,217 Grant (excluding middle mile) per unit passing $1,167 Page 184 of 641 Resolution T-17852 CD/CJ2 K-3 Map of Old Oak Park Project Page 185 of 641 Resolution T-17852 CD/CJ2 L-1 APPENDIX L San Luis Obispo Affordable Broadband Network Project Key Information Project Name San Luis Obispo Affordable Broadband Network Applicant Name City of San Luis Obispo Community Names San Luis Obispo County San Luis Obispo County Allocation $22,346,936 Project Size (in square miles) 3 Maximum Download/Upload speed 1000 Mbps/ 1000 Mbps Lowest cost plan (non-income qualified) $40 for 100/100 Mbps Low-income plan $9.99 for 50/50 Mbps Low-cost plan $40 for 50/20 Mbps Minimum LifeLine Participation No Percent Disadvantaged Communities 0 percent Percent Low-Income Areas 78 percent Median Household Income (weighted) $56,866 Area Households 4566 Area Population 13423 Estimated locations within 1000 feet of the project area (location passings) 7968 Estimated units within 1000 feet of the project area (unit passings) 16205 Unserved locations proposed to be served by the project 490 Unserved locations in the project area 487 Unserved units in the project area 966 Page 186 of 641 Resolution T-17852 CD/CJ2 L-2 Estimated unserved population in the project area 2011 Estimated unserved Multiple Dwelling Unit (MDU) locations in the project area 184 Estimated unserved Multiple Dwelling Unit (MDU) location units in the project area 663 Community Anchor Institutions benefitting from the project 37 Public safety locations benefitting from the project 4 Does the project connect to public open access middle mile? Yes Distance of middle-mile, backhaul, and connection to Middle Mile Broadband Initiative in project 0 Grant costs for middle-mile, backhaul, and connection to Middle Mile Broadband Initiative in project $0 Grant costs for last-mile delivery $4,863,799 Deployment Schedule 18 Months Total Project Cost $6,074,810 Amount of FFA grant funds requested $4,863,799 Applicant funded $1,211,011 Grant (excluding middle mile) per unserved unit in the project area $5,035 Grant (excluding middle mile) per unit passing $300 Page 187 of 641 Resolution T-17852 CD/CJ2 L-3 Map of San Luis Obispo Affordable Broadband Network Page 188 of 641 Resolution T-17852 CD/CJ2 M-1 APPENDIX M Shandon Project Key Information Project Name Shandon Applicant Name Surfnet Communications, Inc. Community Names Shandon County San Luis Obispo County Allocation $22,346,936 Project Size (in square miles) 2 Maximum Download/Upload speed 1000 Mbps/ 1000 Mbps Lowest cost plan (non-income qualified) $40 for 50/20 Mbps minimum Low-income plan $15 for 200/200 Mbps Low-cost plan $40 for 50/20 Mbps minimum LifeLine Participation No Percent Disadvantaged Communities 0 percent Percent Low-Income Areas 4 percent Median Household Income (weighted) $72,860 Area Households 422 Area Population 1318 Estimated locations within 1000 feet of the project area (location passings) 432 Estimated units within 1000 feet of the project area (unit passings) 455 Unserved locations proposed to be served by the project 443 Unserved locations in the project area 403 Unserved units in the project area 424 Estimated unserved population in the project area 1281 Page 189 of 641 Resolution T-17852 CD/CJ2 M-2 Estimated unserved Multiple Dwelling Unit (MDU) locations in the project area 21 Estimated unserved Multiple Dwelling Unit (MDU) location units in the project area 42 Community Anchor Institutions benefitting from the project 10 Public safety locations benefitting from the project 3 Does the project connect to public open access middle mile? Yes Distance of middle-mile, backhaul, and connection to Middle Mile Broadband Initiative in project 6 Grant costs for middle-mile, backhaul, and connection to Middle Mile Broadband Initiative in project $0 Grant costs for last-mile delivery $722,821 Deployment Schedule 18 Months Total Project Cost $722,821 Amount of FFA grant funds requested $722,821 Applicant funded $0 Grant (excluding middle mile) per unserved unit in the project area $1,705 Grant (excluding middle mile) per unit passing $1,589 Page 190 of 641 Resolution T-17852 CD/CJ2 M-3 Map of Shandon Project Page 191 of 641 Resolution T-17852 CD/CJ2 N-1 APPENDIX N Whitley Gardens Project Key Information Project Name Whitley Gardens Applicant Name Surfnet Communications, Inc. Community Names Whitley Gardens County San Luis Obispo County Allocation $22,346,936 Project Size (in square miles) 2 Maximum Download/Upload speed 1000 Mbps/ 1000 Mbps Lowest cost plan (non-income qualified) $40 for 50/20 Mbps minimum Low-income plan $15 for 200/200 Mbps Low-cost plan $40 for 50/20 Mbps minimum LifeLine Participation No Percent Disadvantaged Communities 0 percent Percent Low-Income Areas 15 percent Median Household Income (weighted) $86,087 Area Households 128 Area Population 332 Estimated locations within 1000 feet of the project area (location passings) 160 Estimated units within 1000 feet of the project area (unit passings) 171 Unserved locations proposed to be served by the project 121 Unserved locations in the project area 123 Unserved units in the project area 131 Estimated unserved population in the project area 330 Page 192 of 641 Resolution T-17852 CD/CJ2 N-2 Estimated unserved Multiple Dwelling Unit (MDU) locations in the project area 8 Estimated unserved Multiple Dwelling Unit (MDU) location units in the project area 16 Community Anchor Institutions benefitting from the project 0 Public safety locations benefitting from the project 0 Does the project connect to public open access middle mile? Yes Distance of middle-mile, backhaul, and connection to Middle Mile Broadband Initiative in project 1.35 Grant costs for middle-mile, backhaul, and connection to Middle Mile Broadband Initiative in project $0 Grant costs for last-mile delivery $705,378 Deployment Schedule 18 Months Total Project Cost $705,378 Amount of FFA grant funds requested $705,378 Applicant funded $0 Grant (excluding middle mile) per unserved unit in the project area $5,385 Grant (excluding middle mile) per unit passing $4,125 Page 193 of 641 Resolution T-17852 CD/CJ2 N-3 Map of Whitley Garden Project Page 194 of 641 Resolution T-17852 CD/CJ2 O-1 APPENDIX O California Public Utilities Commission Federal Funding Account, Last Mile Program Guidance to Staff Regarding CONSENT FORM Acknowledgement and Acceptance of Terms Awardee Name: Key Project Contact: Project Name: The Awardee identified above acknowledges receipt of the California Public Utilities Commission Resolution or Award Letter and agrees to comply with all grant terms, conditions, and requirements set forth in the Resolution or Award Letter and those in the Federal Funding Account, Last Mile program rules. Awards are contingent on available state budget appropriations funding. Undersigned representative of __________________________________ [Name of Awardee] is duly authorized to execute this Consent Form on behalf of the Awardee and to bind the Awardee to the terms, conditions, and requirements set forth in California Public Utilities Commission Resolution or Award Letter and those in the Federal Funding Account, Last Mile program rules. Dated this _____ day of _____________, 20____. Signature of Awardee Representative: _____________________________________________________ Title __________________________________________________________ Printed Name __________________________________________________ Name of Representative’s Organization: ______________________________________________________________ Business Address: Street address, suite/apt. number City, state, and ZIP Code Telephone Number: ________________________________ Email Address: _____________________________________ Page 195 of 641 Page 196 of 641 1 Erquiaga, Josh From:Baker, John C. <John.Baker@cpuc.ca.gov> Sent:Monday, November 4, 2024 15:01 To:Erquiaga, Josh Subject:Re: Application Status Update Hi Josh, That's not a problem. We've been extending for Council meetings across the state. Your new deadline is Dec. 20. John John C. Baker (He/Him) Broadband Deployment Team, Communications Division California Public Utilities Commission 505 Van Ness Ave., San Francisco CA 94102 (415) 703-1568 / john.baker@cpuc.ca.gov From: Erquiaga, Josh <jerquiag@slocity.org> Sent: Monday, November 4, 2024 2:36 PM To: Baker, John C. <John.Baker@cpuc.ca.gov> Cc: Will Morat <WMorat@entrustsol.com> Subject: [EXTERNAL] RE: Application Status Update CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi John, We received our award letter last Thursday, which states that we must complete all forms within 30 days of receipt. Our current City Council schedule has us bringing this award to our Council for approval on December 10th, which is the first available Council Meeting to which we can bring this item. I had emailed federalfundingaccount@cpuc.ca.gov per below to see if we can get an extension to December 20th to accommodate our Council meeting schedule, but I hadn’t heard back yet. Is there someone else I should reach out to on this question? Thanks! Josh Erquiaga pronouns he/him/his Information Technology Manager E jerquiag@slocity.org T 805.781.7526 Page 197 of 641 2 From: Broadband Grant Portal No-Reply <grantportal.noreply@cpuc.ca.gov> Sent: Wednesday, October 30, 2024 09:19 To: Erquiaga, Josh <jerquiag@slocity.org> Subject: Application Status Update This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear City of San Luis Obispo, Congratulations! We are pleased to inform you that City of San Luis Obispo has been awarded a Federal Funding Account grant. Please find attached Award letter with this email, which also outlines the next steps in the award process. The Award letter provides links to documents, which must be completed, signed, and submitted through the Broadband Grant Portal in order to begin processing your award. To submit your documents, log into the Broadband Grant Portal: 1.Go to "My Awards" page and click on the "Files" tab. 2.Click the links to download the Consent Form and either the Government Agency Taxpayer ID Form (for government entities) or Payee Data Record Form (for non- government entities). 3.Upload the completed document for each individual form 4.Click the "Submit for Approval" link to submit each form. If you have any questions, please contact federalfundingaccount@cpuc.ca.gov. Thank you, Federal Funding Account Team. Page 198 of 641       October 8, 2024    City of San Luis Obispo  990 Palm St.   San Luis Obispo, California  93401 EIN: 95‐6000781    ATTN: Joshua Erquiaga Email: jerquiag@slocity.org   Information Technology Manager Phone: (805) 781‐7526        This is a Grant Agreement between the California Emerging Technology Fund  (CETF) and City of San Luis Obispo (Grantee) for CETF to provide a Grant of  $20,000 to support participation of the Grantee in the  Best Practices Check List  Project Learning Community in Fiscal Year 2024‐2025.  This Grant Agreement shall  become effective upon signing by the Grantee and shall end June 30, 2025.    Scope of Work    Grantee shall be responsible for ensuring that at least 1 representative of your  jurisdiction attends the entire time and participates fully in each of the following    3 Learning Community Workshops:   Wednesday, September 25, 2024 – 1PM‐4PM   Thursday, February 20, 2025 – 9AM‐Noon   Thursday, April 24, 2025 – 9AM‐Noon    Grantee is invited to attend an optional webinar on Thursday, December 5, 2024,  9AM‐Noon, to learn about other grant funding opportunities, particularly through  the California Public Utilities Commission (CPUC) California Advanced Services  Fund (CASF), but attendance is not required.    Grantee shall be responsible for completing an updated Best Practices Check List     (to determine if any additional Best Practices were adopted as a result of the  Learning Community) and submitting it along with a concise Final Report (in a  format provided by CETF) by Friday, May 16, 2025.    If the Grantee's designated representative is unable to attend one of the  scheduled Learning Community Workshops, then Grantee shall be responsible for  assigning another representative to attend that Workshop.  Failure to attend the  Learning Community Workshops in a timely manner or be present and  participating during all 3 hours of the Workshops shall be grounds for termination  of this Grant Agreement and repayment of the Grant funds received.  If an  unforeseen emergency circumstance occurs, Grantee must immediately notify  CETF by email and explain the emergency.  CETF may allow submission of a  written assignment to make up for an absence due to an unforeseen emergency.     Page 199 of 641   Page 2:  CETF Best Practices Check List Learning Community Grant Agreement      Grantee acknowledges that the Best Practices Check List includes acceleration of  Adoption and that CETF shall provide a template for Grantee to distribute  information to low‐income households about affordable lower‐cost Internet service  offers and Digital Literacy Training resources using existing communication channels  (that require no significant additional cost to the jurisdiction).  Grantee further  acknowledges that CETF identified $535,000 of the total Best Practices Check List  Project Grants ($1,155,000) as match in a Competitive Grant Application on behalf  of the Get Connected! California Partnership submitted to the U.S. Department of  Commerce National Telecommunications and Information Administration (NTIA).    Grant Payment Schedule    Grant Payment shall be made as follows:  $10,000 upon returning this signed  Grant Agreement to CETF; $5,000 upon attendance of Workshop #2; and $5,000  upon submission of the Final Report along with the updated Check List.    General Provisions    As a Grantee, City of San Luis Obispo shall not be covered by CETF employer  benefits, workers’ compensation or other insurance policies.  Grantee shall  indemnify and hold harmless CETF, its present and future Officers, Directors,  employees and agents to the fullest extent by law for any and all claims, liabilities,  losses and expenses, including reasonable attorney’s fees, directly, indirectly,  wholly, or partially arising from or in connection with any negligent act or  omission by Grantee.    Grantee may not use CETF funds to carry on propaganda or otherwise attempt          to influence legislation within the meaning of the Code of Federal Regulations,   Internal Revenue Service, Department of the Treasury Section 53.4945(d)(1)       unless explicitly approved by CETF.  Further, it is our intent and understanding       that nothing herein violates any law, regulation or code of ethics.       If this Grant Agreement is acceptable to you, please sign and return to CETF.        We look forward to working together to close the Digital Divide, promote  Digital Inclusion, and achieve Digital Equity in California.    Sincerely,    Sunne Wright McPeak   Alana O'Brien  President and CEO    Vice President of Operations    Accepted on behalf of City of San Luis Obispo:    _________________________________ ____________________________  Signature     Date  _________________________________ _____________________________  Name      Title Page 200 of 641