| (a) For the purpose of developing the broadband development
map, the scope of a designated area in this state shall consist of
a census block, unless the comptroller determines that using a census
block is not technically feasible or data is not available at the
census block level.
(b) If the comptroller determines that developing the
broadband development map at the census block level is not feasible,
the comptroller shall develop the map using the smallest level for
which information is available from the Federal Communications Commission.
If information from the Federal Communications Commission is not available
or not sufficient for the office to create or update the map, the
office may use information provided by a political subdivision or
broadband service provider to develop the map.
(c) The comptroller shall determine whether a designated
area is eligible for funding based on the broadband development map,
if available, or if not available may:
(1) Use a map produced by the Federal Communications
Commission that complies with Government Code, §490I.0105(q);
or
(2) Use information available from the Federal Communications
Commission, political subdivisions of this state, or broadband service
providers, to make a determination regarding whether a designated
area is eligible for funding.
(d) A designated area is eligible for funding under
the program if:
(1) fewer than 80% of the addresses in the designated
area have access to broadband service; and
(2) the federal government has not awarded funding
under a competitive process to support the deployment of broadband
service to addresses in the designated area.
(e) A designated area is ineligible for funding under
the program if:
(1) 80% or more of the addresses in the designated
area have access to broadband service; or
(2) the federal government has awarded funding under
a competitive process to support the deployment of broadband service
to addresses in the designated area.
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