Effective 28 Aug 2018

620.2454. Criteria, scoring system, and list of underserved areas, department to publish on website — challenges, evaluation of. — 1. At least thirty days prior to the first day applications may be submitted each fiscal year, the department of economic development shall publish on its website the specific criteria and any quantitative weighting scheme or scoring system the department will use to evaluate or rank applications and award grants under section 620.2455. Such criteria and quantitative scoring system shall include the criteria set forth in section 620.2455.

2. Within three business days of the close of the grant application process, the department of economic development shall publish on its website the proposed unserved and underserved areas, and the proposed broadband internet speeds for each application submitted. Upon request, the department shall provide a copy of any application to an interested party.

3. A broadband internet service provider that provides existing service in or adjacent to the proposed project area may submit to the department of economic development, within forty-five days of publication of the information under subsection 2 of this section, a written challenge to an application. Such challenge shall contain information demonstrating that:

(1) The provider currently provides broadband internet service to retail customers within the proposed unserved or underserved area;

(2) The provider has begun construction to provide broadband internet service to retail customers within the proposed unserved or underserved area; or

(3) The provider commits to providing broadband internet service to retail customers within the proposed unserved or underserved areas within the timeframe proposed by the applicant.

4. Within three business days of the submission of a written challenge, the department of economic development shall notify the applicant of such challenge.

5. The department of economic development shall evaluate each challenge submitted under this section. If the department determines that the provider currently provides, has begun construction to provide, or commits to provide broadband internet service at speeds of at least twenty-five megabits per-second download and three megabits per-second upload, but scalable to higher speeds, in the proposed project area, the department shall not fund the challenged project.

6. If the department of economic development denies funding to an applicant as a result of a broadband internet service provider challenge under this section and such broadband internet service provider does not fulfill its commitment to provide broadband internet service in the unserved or underserved area, the department of economic development shall not consider another challenge from such broadband internet service provider for the next two grant cycles, unless the department determines the failure to fulfill the commitment was due to circumstances beyond the broadband internet service provider's control.

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(L. 2018 H.B. 1456 merged with H.B. 1872)

Sunset date 8-28-21

Termination date 9-01-22