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To: Public Utilities
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative McKnight
HOUSE BILL NO. 1535
AN ACT TO AMEND SECTION 77-19-3, MISSISSIPPI CODE OF 1972, TO 1
REVISE THE DEFINITION OF THE TERM "ELIGIBLE PROJECT"; TO AMEND 2
SECTION 77-19-15, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN 3
REQUIREMENTS FOR AN APPLICANT THAT IS APPLYING FOR FUNDING UNDER 4
THE BEAM ACT; AND FOR RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. Section 77-19-3, Mississippi Code of 1972, is 7
amended as follows: 8
77-19-3. As used in this chapter: 9
(a) "Applicant" means an eligible broadband service 10
provider that has authorization to do business in this state and 11
has demonstrated that it has the technical, financial and 12
managerial resources and experience to provide broadband services 13
in the state to retail end users. 14
(b) "Broadband service" means a mass-market retail 15
service by wire, cable, fiber, or radio provided to customers in 16
the State of Mississippi that provides the capability to transmit 17
data to, and receive data from, all or substantially all Internet 18
endpoints, at speeds of at least one hundred (100) megabits per 19
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second downstream and twenty (20) megabits per second upstream, 20
and including, but not limited to, any capabilities that are 21
incidental to and enable the operation of communications service, 22
but excluding dial-up Internet access service. 23
(c) "Office" means the Office of Broadband Expansion 24
and Accessibility of Mississippi (BEAM) within the Department of 25
Finance and Administration created in Section 77-19-5. 26
(d) "Deployed" means, with respect to availability of 27
broadband service at a location, when the person or entity has 28
access regardless of whether a person or entity subscribes to the 29
broadband service at the location. 30
(e) "Eligible broadband service provider" means any 31
company, firm, corporation, limited liability company, partnership 32
or association (i) that has been providing broadband service to at 33
least one hundred (100) residences and businesses in Mississippi 34
for at least three (3) consecutive years; (ii) is an electric 35
power association's broadband affiliate operating pursuant to 36
Section 77-17-1 et seq.; or (iii) that has demonstrated financial, 37
technical, and operational capability in building and operating a 38
broadband network. 39
(f) "Eligible project" means a * * * project located 40
in * * * the state seeking to provide broadband services to 41
residences, businesses, and/or community institutions * * * in 42
accordance with the applicable federal * * * grant program's 43
statutes, regulations, and guidance. 44
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* * * 45
SECTION 2. Section 77-19-15, Mississippi Code of 1972, is 46
amended as follows: 47
77-19-15. (1) An applicant for funding under this chapter 48
shall provide the following information at a minimum on the 49
application: 50
(a) The location of the project * * * in a format as 51
required by BEAM; 52
(b) The type and amount of broadband infrastructure to 53
be deployed for the project, including the amount the applicant 54
intends to invest in the project from private funds; 55
(c) Evidence regarding the unserved or underserved 56
nature of the community in which the project is to be located; 57
(d) The number of households that will have access to 58
broadband service as a result of the project, or whose Internet 59
access service will be upgraded to broadband service as a result 60
of the project; 61
(e) The significant community institutions that will 62
benefit from the proposed project; 63
(f) Evidence of community support for the project with 64
a narrative on the impact that the investment will have on 65
community and economic development efforts in the area; 66
(g) The total cost of the project and a detailed budget 67
and schedule for the project, including the submission of a 68
business plan that provides for the use of funds provided under 69
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this chapter. Funds shall not be used to support the operational 70
expenses of the network or to subsidize any other service provided 71
by the applicant; and 72
(h) The broadband service provider's experience and 73
financial capabilities. 74
(2) After scoring and considering all applications, the 75
Office of Broadband Expansion and Accessibility of Mississippi 76
(BEAM) shall make its preliminary determinations. Within thirty 77
(30) days after the preliminary determinations have been made, 78
BEAM shall publish on its website the applications, the proposed 79
geographic broadband service area * * *, and the proposed 80
broadband service speeds for each application that receives a 81
preliminary determination. 82
(3) Within thirty (30) days from the date the preliminary 83
determinations are published on BEAM's website, BEAM shall accept 84
comments or objections concerning each application and investigate 85
each of them as appropriate. BEAM shall consider all comments and 86
objections received and the investigative findings in determining 87
whether an applicant is eligible for a final determination and 88
award. 89
(4) BEAM shall not make a final determination and award to 90
an applicant if verifiable information is made available that 91
shows the proposed project includes an area where broadband 92
services currently are deployed by a provider other than the 93
applicant, or where construction of a network to deploy broadband 94
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ST: BEAM Act; make certain revisions to.
service is underway by a provider other than the applicant, and 95
the construction is scheduled to be completed within one (1) year 96
after the date of the application. 97
(5) An applicant's or challenging party's trade secrets, 98
financial information and proprietary information submitted under 99
this chapter as part of an application or challenge are exempt 100
from disclosure under the Mississippi Public Records Act, Section 101
25-61-1 et seq. 102
(6) Any contractor deploying broadband infrastructure for a 103
project that has been awarded grant monies by BEAM is encouraged 104
to use Mississippi employment to the fullest extent possible. 105
SECTION 3. This act shall take effect and be in force from 106
and after its passage. 107