Ohio Revised Code Search

... (A) An application for a program grant under the Ohio residential broadband expansion grant program shall include, at a minimum, the following information for an eligible project: (1) The location and description of the project, including: (a) The residential addresses in the unserved or tier one areas where tier two broadband service will be available following completion of the project; (b) A notarized le...

... As a condition 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...

... Pursuant to rules adopted under section 122.4077 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 tra...

... 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.

... 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 a...

... (A) As used in section 122.4023 and sections 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...

... (A) To successfully challenge an application, a challenging provider shall provide sufficient evidence to the department of development demonstrating that all or part of a project under the application is ineligible for a grant. The challenge shall, at minimum, include the following information: (1) Sufficient evidence disputing the notarized letter of intent submitted with the application that the eligible proje...

... If an application filed during an application 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...

... (A) Not later than 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...

... (A) If the broadband 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 ex...

... Upon receipt of a revised application under section 122.4034 of the Revised Code, the broadband expansion program authority shall review the revised application and decide 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...

... If the broadband expansion program authority upholds a challenge to an application under sections 122.4030 to 122.4035 of the Revised Code and the challenging provider fails to provide tier two broadband service as described in the challenge, the challenging provider, after a reasonable opportunity to be heard, may be required to do either or both of the following, in addition to being subject to other remedies avai...

... Any gift, grant, and contribution 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 t...

... 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 s...

... (A) As used in this section, "passes" means the residential addresses in close proximity to a broadband provider's broadband infrastructure network to which 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 O...

... (A) The broadband expansion program authority shall award program grants under the Ohio residential broadband expansion grant program after reviewing applications sent to the authority by the development services agency. Awards shall be granted after the authority scores applications based on the scoring system under sections 122.4040 and 122.4041 of the Revised Code. (B) In awarding program grants, the authority ...

... After the broadband expansion program authority awards a program grant under section 122.4043 of the Revised Code, the development services agency shall disburse the program grant as follows: (A) A portion of the program grant, not to exceed thirty 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 p...

... (A) The department of development may, 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 ...

... (A) If the development services agency determines that a broadband provider that has been awarded a program grant under the Ohio residential broadband 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 o...

... Upon adoption of a resolution, a board of county 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 unse...

... Upon receipt of a request from a board of county commissioners pursuant to section 122.4050 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 inform...

... An application for a program grant under the Ohio residential broadband expansion grant program made in response to a request under section 122.4050 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.

... The development services agency shall not be responsible for any failure by a broadband provider to respond to a request made by the agency pursuant to section 122.4051 of the Revised Code or to submit an application for a program grant under the Ohio residential broadband expansion grant program.

... (A) An eligible project shall not proceed unless the broadband expansion program authority awards a program grant under section 122.4043 of the Revised Code. (B) After receiving a program grant award, the broadband provider shall construct and install last mile broadband infrastructure to the eligible project.

... Under alternate payment term arrangements made under section 122.4025 of the Revised Code, unless otherwise negotiated, the participating legislative authorities in which the eligible project is located shall assume all financial responsibility for all of the eligible project costs incurred by the broadband provider prior to completion of the project or the award of a program grant.