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TITLE 34PUBLIC FINANCE
PART 1COMPTROLLER OF PUBLIC ACCOUNTS
CHAPTER 16COMPTROLLER GRANT PROGRAMS
SUBCHAPTER BBROADBAND DEVELOPMENT PROGRAM
RULE §16.30Definitions

As used in this subchapter and in these rules, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise:

  (1) Applicant--A person that has submitted an application for an award under this subchapter.

  (2) Application protest period--A period of at least thirty days beginning on the first day after an application is posted under §16.36(d) of this subchapter.

  (3) Broadband service--Internet service that delivers transmission speeds capable of providing a minimum download or upload threshold speed that are the greater of:

    (A) a download speed of 25 Mbps or faster; and an upload speed of three Mbps or faster as established under Government Code, §490I.0101; or

    (B) the upload or download threshold speeds for advanced telecommunications capability under 47 U.S.C. §1302 as adopted by the Federal Communications Commission and as published on the comptroller's website under Government Code, §490I.0101.

  (4) Broadband development map--The map created under Government Code, §490I.0105.

  (5) Census block--The smallest geographic area for which the U.S. Bureau of the Census collects and tabulates decennial census data as shown on the most recent on Census Bureau maps.

  (6) Census tract--A cluster of census blocks consisting of small, relatively permanent statistical subdivisions of a county or statistically equivalent entity that can be updated by local participants prior to each decennial census as part of the U.S. Census Bureau's Participant Statistical Areas Program.

  (7) Commercial broadband service provider--A broadband service provider engaged in business intended for profit, a telephone cooperative, an electric cooperative, or an electric utility that offers broadband service or middle-mile broadband service for a fare, fee, rate, charge, or other consideration.

  (8) Designated area--A census block or other area as determined under §16.33 of this subchapter.

  (9) Grant funds--Grants, low-interest loans, and other financial incentives awarded to applicants under this subchapter for the purpose of expanding access to and adoption of broadband service in designated areas determined to be eligible areas by the office under Government Code, §490I.0105.

  (10) Grant recipient--An applicant who has been awarded grant funds under this subchapter.

  (11) Mbps--Megabits per second.

  (12) Middle mile broadband service--The provision of excess fiber capacity on an electric utility's electric delivery system or other facilities to an Internet service provider to provide broadband service. The term does not include provision of Internet service to end-use customers on a retail basis.

  (13) Non-commercial broadband service provider--A broadband service provider that is not a commercial broadband service provider.

  (14) Office--The Broadband Development Office created under Government Code, §490I.0102.

  (15) Project area--The area identified by an applicant in which the applicant proposes to deploy broadband service and consisting of the entirety of one or more contiguous designated areas that are eligible to receive funding under this subchapter.

  (16) Unserved area--A designated area or location within a designated area that does not have access to broadband service.

  (17) Underserved area--A designated area or location within a designated area that has access to broadband service but lacks access to internet service offered with a download speed of at least 100 Mbps and an upload speed of at least 20 Mbps.


Source Note: The provisions of this §16.30 adopted to be effective February 19, 2023, 48 TexReg 685

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