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TITLE 34PUBLIC FINANCE
PART 1COMPTROLLER OF PUBLIC ACCOUNTS
CHAPTER 16BROADBAND DEVELOPMENT
SUBCHAPTER BBROADBAND DEVELOPMENT PROGRAM
RULE §16.33Designated Area Eligibility

(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.


Source Note: The provisions of this §16.33 adopted to be effective February 19, 2023, 48 TexReg 685

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