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Section 122.4017 | Funds for grants.

...d expansion grant program using funds from the Ohio residential broadband expansion grant program fund created in section 122.4037 of the Revised Code and other funds appropriated by the general assembly. (B) If an appropriation for the program includes funds that are not state funds or if the director of development receives funds that are in the form of a gift, grant, or contribution to the broadband expansion g...

Section 122.4018 | Grants limited by available funds.

...(A) Each fiscal year, the development services agency shall fund program grants until funds for that fiscal year are no longer available. (B) Any application pending at the end of the fiscal year shall be deemed denied, but may be refiled in a subsequent fiscal year provided that all information in the application is still current or has been updated.

Section 122.4019 | Application submission.

...nforming the applicant that failure to comply with the program or to meet the required tier two broadband service proposed in the application may require the refund of all or a portion of the program grant awarded for the project. (3) Applications may be submitted in person or by certified mail or electronic mail, or uploaded to a designated department web site for applications. (B) Applications shall be accept...

Section 122.4020 | Application requirements.

...ents for service; (11) The length of time that the broadband provider has been operating in the state; (12) Proof that the broadband provider has the financial stability to complete the project; (13) A projected construction timetable, including the anticipated date of the provision of tier two broadband service access within the project; (14) A description of anticipated or preliminary government authori...

Section 122.4021 | Conditions for grants.

...ceptable to the authority prior to the commencement of construction. The bond, letter of credit, or assurance shall be in the sum, and with the sureties, that the state prescribes and shall be payable to the state, as applicable. The bond, letter of credit, or assurance may include the condition that the broadband provider will faithfully execute and complete the project. The purpose of the performance bond, lett...

Section 122.4023 | Proprietary or trade secret evaluations.

...2.4077 of the Revised Code, the development services agency shall evaluate the information and documents submitted by a broadband provider in an application under section 122.4013 of the Revised Code or by a challenging provider under section 122.4030 of the Revised Code. The evaluation shall determine whether the information and documents are proprietary or constitute a trade secret. Upon receipt of the information ...

Section 122.4024 | Notification of published applications.

...t services agency shall establish an automatic notification process through which interested parties may receive electronic mail notifications when the agency publishes application and other information on its web site pursuant to sections 122.40 to 122.4077 of the Revised Code.

Section 122.4025 | Video service provider fees contributed to funding gap.

...A broadband provider may enter into an arrangement to designate video service provider fees remitted by the broadband provider for contribution towards an eligible project's broadband funding gap under the following circumstances: (A) The broadband provider is a video service provider that, pursuant to section 1332.32 of the Revised Code, collects and remits video service provider fees to one or more legislative au...

Section 122.4030 | Application challenges.

...hallenge, in writing, all or part of a completed application for a program grant for the project not later than sixty-five days after the provisional application scoring has been published on the web site as required under section 122.4019 of the Revised Code. (b) The department of development, for good cause shown, may grant the broadband provider an extension of not more than fourteen days in which to submit a c...

Section 122.4031 | Evidence sufficient to successfully challenge.

...oadband construction is expected to be completed and when tier two broadband service will first be offered to the part of the eligible project being challenged. (B) To demonstrate that all or part of a project under the application is ineligible for a grant, a challenging provider shall present shapefile data and residential addresses identifying each challenged residential address and the basis for such challenge...

Section 122.4032 | Limited effect if grant application not challenged.

... (B) Prohibit a challenging provider from filing a challenge to an application that is being refiled during a subsequent submission period.

Section 122.4033 | Authority actions regarding a challenge.

...han thirty days after receipt of a challenge under sections 122.4030 to 122.4035 of the Revised Code, the broadband expansion program authority may do either of the following: (1) Suspend, subject to division (B) of this section, all or part of the application; (2) Reject the challenge, approve the application, and proceed with the application process. (B) The authority shall allow the broadband provider that s...

Section 122.4034 | Revision, resubmission of successfully challenged applications.

...oadband expansion program authority suspends all or part of an application, the broadband provider that submitted the application may revise and resubmit the application not later than fourteen days after receiving the suspension notification sent by the authority pursuant to section 122.4033 of the Revised Code. The broadband provider may request, and the authority may grant for good cause shown, an extension period...

Section 122.4035 | Review of resubmitted applications.

...whether to accept it or uphold the challenge under sections 122.4030 to 122.4035 of the Revised Code within fourteen days. The authority shall provide a copy of its decision to both the broadband provider that submitted the revised application and the challenging provider by certified mail or electronic mail and shall update the status of the application on the development services agency's web site. The decision sha...

Section 122.4036 | Sanctions for challenging provider's failure to provide service.

...application that was challenged; (B) Comply with the requirements of any other penalties prescribed by agency rule and imposed after consultation with the authority.

Section 122.4037 | Disposition of sanction amounts.

...ion received by the director of development for the Ohio residential broadband expansion grant program and any money collected under section 122.4036 of the Revised Code shall be deposited into the Ohio residential broadband expansion grant program fund, which is hereby created in the state treasury. All amounts in the fund, including interest earned on those amounts, shall be used by the department of development ex...

Section 122.4040 | Weighted scoring system for applications.

...The department of development, in consultation with the broadband expansion program authority, shall establish a scoring system to evaluate and select applications for program grants. The scoring system shall be available on the department's web site at least thirty days before the beginning of the application submission period set by the department by rule. A description of any differences in application, scoring sy...

Section 122.4041 | Weighted scoring system priorities.

...determined by multiplying three hundred times the percentage of passes in unserved areas of the application; (2) One half of the point value determined by multiplying three hundred times the percentage of passes in underserved areas of the application. (D) Of a possible maximum score of two hundred points, the score for broadband service speed, based on a graduated scale, shall be: (1) Twenty-five points for...

Section 122.4043 | Grant awards.

...adband provider that receives a grant from offering or providing tier two broadband service in the same manner as the service is offered by broadband providers in other areas of the state without funding from the Ohio residential broadband expansion grant program. (C) Upon making the program grant awards, the authority shall notify the broadband providers that submitted applications of the award decisions. The auth...

Section 122.4044 | Grant disbursement.

...der notifies the authority that it has completed construction of the project.

Section 122.4045 | Speed verification tests.

...service is being offered; (2) At any time during the reporting period required under division (B) of section 122.4070 of the Revised Code, after receiving a complaint concerning a residential address that is part of the eligible project. (B) To evaluate compliance with tier two broadband service standards, speed verification tests conducted under this section shall be conducted on at least two different days an...

Section 122.4046 | Noncompliance with requirements.

...adband expansion grant program has not complied with the requirements of the program, the agency shall notify the provider of the noncompliance. In accordance with rules adopted by the agency under section 122.4077 of the Revised Code, the agency shall give the provider an opportunity to explain or cure the noncompliance. (B) After reviewing the broadband provider's explanation or effort to cure the noncompliance,...

Section 122.4050 | County request application solicitation.

...y commissioners may request the development services agency to solicit applications from broadband providers for program grants under the Ohio residential broadband expansion grant program for eligible projects in the municipal corporations and townships of the county. A request made by a county shall identify, to the extent possible, the residential addresses in unserved or tier one areas of the county and provide...

Section 122.4051 | Solicitation on behalf of county.

...2.4050 of the Revised Code, the development services agency shall solicit, on behalf of the county, applications for program grants for eligible projects under the Ohio residential broadband expansion grant program. Not later than seven days after receipt of the request, the agency shall make the request, and any accompanying information submitted with the request, available for review on the agency's web site. The r...

Section 122.4053 | Response application compliance.

...2.4050 of the Revised Code shall fully comply with all of the program requirements. Nothing in sections 122.4050, 122.4051, and 122.4053 of the Revised Code shall be construed as providing relief from compliance with any program requirements.