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The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Updates may be slower during some times of the year, depending on the volume of enacted legislation.

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Title 1 | State Government
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Section 122.408 | Authority hearings.

... The broadband expansion program authority shall conduct hearings to gather information necessary to accomplish the duties specified under section 122.407 of the Revised Code.

Section 122.4010 | Authority annual report of findings and recommendations.

... The broadband expansion program authority, upon majority approval of the authority's members, shall submit a written public report of its findings and recommendations to the governor and the general assembly not later than the first of December of each calendar year. The authority shall not disclose any proprietary information or trade secrets in the report. Copies of the report shall be available on the developme...

Section 122.4013 | Grant applications by broadband providers.

... A broadband provider may apply for a program grant under the Ohio residential broadband expansion grant program.

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.

... An application shall be ineligible for a program grant under the Ohio residential broadband expansion grant program if either of the following applies: (A) It proposes to provide tier two broadband service to areas where tier two broadband service is presently available. (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 fo...

Section 122.4017 | Funds for grants.

... (A) The broadband expansion program authority shall award program grants under the Ohio residential broadband 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 d...

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.

... (A)(1) Each fiscal year, the department of development shall accept applications for program grants. (2) To apply for a program grant, a broadband provider shall submit an application to the department on a form prescribed by the department and shall provide the information required under section 122.4020 of the Revised Code. The form shall include a statement informing the applicant that failure to comply with t...

Section 122.4020 | Application requirements.

... (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...

Section 122.4021 | Conditions for grants.

... 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...

Section 122.4023 | Proprietary or trade secret evaluations.

... 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...

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.

... 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...

Section 122.4030 | Application challenges.

... (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...

Section 122.4031 | Evidence sufficient to successfully challenge.

... (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...

Section 122.4032 | Limited effect if grant application not challenged.

... 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...

Section 122.4033 | Authority actions regarding a challenge.

... (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...

Section 122.4034 | Revision, resubmission of successfully challenged applications.

... (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...

Section 122.4035 | Review of resubmitted applications.

... 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...

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

... 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...

Section 122.4037 | Disposition of sanction amounts.

... 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...

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 s...

Section 122.4041 | Weighted scoring system priorities.

... (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...

Section 122.4043 | Grant awards.

... (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 ...

Section 122.4044 | Grant disbursement.

... 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...