Mar 12, 2024

PSC Issues Order Denying Motion For Reconsideration

Posted Mar 12, 2024 9:00 PM

Deb Collins

Lincoln, March 12, 2024- The Nebraska Public Service Commission (PSC) has issued an Order(C-5484) denying a motion by AMG Nebraska, ISP, LLC, (AMG) for reconsideration of aNebraska Broadband Bridge Program (NBBP) grant awarded to another carrier during the 2023grant cycle.

AMG filed its motion seeking reconsideration of the Commission’s award of an NBBP grant toanother carrier in Gage County. AMG indicated that the award granted by the PSC to PinpointCommunications, Inc., would overlap 23 of the 950 locations for which Gage County hadpreviously awarded AMG funding, resulting in duplication of funding resources for broadbandinfrastructure. AMG also indicated that it did not initially challenge the overlapping award,based on an understanding that the Commission was made aware of the overlap by countyleadership.

“We are currently in the fourth grant cycle for the Nebraska Broadband Bridge Program,” saidCommission Chair Dan Watermeier.  “The process for challenges during a grant cycle is not onlyset forth in statute but is also well defined by the Commission. In this instance that process wasnot followed.”

In its Order denying the motion for reconsideration, the Commission found that AMG did notfile a challenge by the deadlines set forth for the 2023 NBBP grant process.  As such, theCommission is unable to consider a challenge that was not filed since it was never provided withthe specific detailed information needed to determine AMG’s ability to complete the broadbandinfrastructure and serve the locations in question at the required speeds within the 18-monthdeployment timeframe as required by the grant program.

Commissioner Watermeier said, “We cannot decide on a purported challenge lacking theessential information required by statue.”

During the 2023 grant cycle the Commission received 51 applications for funding through theNBBP. Sixteen of the applications received were challenged. Upon review of the applicationsand the challenges received through the grant process, the Commission determined 22 projectswould be funded. The grants awarded were submitted by 10 providers for a total of$19,713,379.26. Projects funded through the 2023 grant cycle must be completed by July 9,

2025.

A detailed list of projects approved through the 2023 grant cycle and funding amounts of thoseprojects can be found on the Nebraska Broadband Bridge Program page of the PSC website.