Ohio Revised Code Search
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Section 122.4015 | Grants only for eligible projects.
...Program grants under the Ohio residential broadband expansion grant program shall be awarded only for eligible projects. |
Section 122.4016 | Ineligible projects.
... (B) In the proposed area of service, construction of a network to provide tier two broadband service currently is in progress and one of the following applies: (1) It is being constructed, without grant program funding, by the broadband provider that submitted the application. (2) It is scheduled to be completed by another broadband provider not later than two years after the date of a challenge submitted unde... |
Section 122.4017 | Funds for grants.
...at are in the form of a gift, grant, or contribution to the broadband expansion grant program fund, the broadband expansion program authority shall award those funds as described in sections 122.40 to 122.4077 of the Revised Code, except as provided in division (C) of this section. (C) If the use of the funds described in division (B) of this section is contingent upon meeting application, scoring, or other requir... |
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.
...d application that it determines is not confidential under section 122.4023 of the Revised Code. (D) If an application is incomplete, the department shall notify the broadband provider that submitted the application. The notification shall list what information is incomplete and shall describe the procedure for refiling a completed application. (E) The department shall review an application determined incomplet... |
Section 122.4020 | Application requirements.
... The amount of any financial or in-kind contributions to be used towards the broadband funding gap and identification of the contribution sources, which may include, but are not limited to, any combination of the following: (a) Funds that the broadband provider is willing to contribute to the broadband funding gap; (b) Funds received or approved under any other federal or state government grant or loan program;... |
Section 122.4021 | Conditions for grants.
...ndition for receiving a program grant under the Ohio residential broadband expansion grant program, the broadband expansion program authority may require a broadband provider that is awarded a program grant to provide a performance bond, letter of credit, or other financial assurance acceptable to the authority prior to the commencement of construction. The bond, letter of credit, or assurance shall be in the sum, an... |
Section 122.4023 | Proprietary or trade secret evaluations.
...mation and documents are proprietary or constitute a trade secret. Upon receipt of the information and documents, the agency shall keep them confidential and shall not publish them on the agency's web site, unless the agency finds that any information or document is not proprietary or a trade secret. Any information or document found not to be proprietary or a trade secret under this section shall not be considered c... |
Section 122.4024 | Notification of published applications.
...The development 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.
... 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 authorities in which an eligible project is located. (B) The arrangement is entered into b... |
Section 122.4030 | Application challenges.
...s 122.4030 to 122.4035 of the Revised Code, "challenging provider" means either of the following: (1) A broadband provider that provides tier two broadband service within or directly adjacent to an eligible project; (2) A municipal electric utility that provides tier two broadband service to an area within the eligible project that is within the geographic area served by the municipal electric utility. (B)(1... |
Section 122.4031 | Evidence sufficient to successfully challenge.
...e application that the eligible project contains eligible addresses; (2) Sufficient evidence attesting to the challenging provider's existing or planned offering of tier two broadband service to all or part of the eligible project, which evidence shall include the following: (a) With regard to existing tier two broadband service, a signed, notarized statement submitted by the challenging provider that sufficien... |
Section 122.4032 | Limited effect if grant application not challenged.
...on submission period established by the department of development under section 122.4019 of the Revised Code is not challenged pursuant to sections 122.4030 to 122.4035 of the Revised Code, the lack of a challenge does not do either of the following: (A) Create a presumption that residential addresses included in an application submitted in a subsequent submission period are eligible addresses under the Ohio resid... |
Section 122.4033 | Authority actions regarding a challenge.
...ng challenged to revise the application consistent with sections 122.40 to 122.4077 of the Revised Code, if the authority upholds a challenge to all or part of the application. (C) The authority shall notify both the broadband provider that submitted the application and the challenging provider of any decision made under this section by providing a copy of the decision by certified mail or electronic mail. The auth... |
Section 122.4034 | Revision, resubmission of successfully challenged applications.
...o the authority's satisfaction shall be considered a withdrawal of the application. |
Section 122.4035 | Review of resubmitted applications.
...gency's web site. The decision shall be considered final, and further challenges to the revised application are prohibited. |
Section 122.4036 | Sanctions for challenging provider's failure to provide service.
...cribed by agency rule and imposed after consultation with the authority. |
Section 122.4037 | Disposition of sanction amounts.
...ontribution 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 develo... |
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.
...residents at those addresses may opt to connect. (B) The scoring system required under section 122.4040 of the Revised Code shall include the factors and scoring rubric as described in divisions (C) to (J) of this section. Applications for a grant under the Ohio residential broadband expansion grant program shall be prioritized from the highest to the lowest point score under those factors and rubric. (C) Of a ... |
Section 122.4043 | Grant awards.
...ing program grants, the authority shall consider all regulatory obligations under applicable law. The authority may not consider any of the following: (1) Proposed project conditions that require open access networks or that establish a specific rate, service, or other obligation not specified for the Ohio residential broadband expansion grant program; (2) Factors that would constrain a broadband provider that re... |
Section 122.4044 | Grant disbursement.
...rty per cent, shall be disbursed before construction of the project begins. (B) A portion of the program grant, not to exceed sixty per cent, shall be disbursed through periodic payments over the course of construction of the eligible project as determined by the agency by rules adopted under section 122.4077 of the Revised Code. (C) The remaining portion shall be disbursed not later than sixty days after the bro... |
Section 122.4045 | Speed verification tests.
...ay, through an independent third party, conduct speed verification tests of an eligible project that receives a program grant. Such tests shall occur as follows: (1) After the construction is complete, but prior to the final disbursement made under division (C) of section 122.4044 of the Revised Code to verify that tier two broadband service is being offered; (2) At any time during the reporting period required... |
Section 122.4046 | Noncompliance with requirements.
...ds or other discretionary funds that it contributed toward the broadband funding gap under division (A)(3)(c) or (d) of section 122.4020 of the Revised Code. (C) Not more than thirty days after the agency's decision requiring a refund for program noncompliance or a failure to explain or cure it, the broadband provider shall pay the refund required under division (B) of this section. Payments shall be made directly ... |
Section 122.4050 | County request application solicitation.
...as of the county and provide a point of contact at the county and the municipal corporations and townships in which the addresses are located. The request may include any relevant information, documents, or materials that may be helpful for an application. |