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TITLE 34PUBLIC FINANCE
PART 1COMPTROLLER OF PUBLIC ACCOUNTS
CHAPTER 16COMPTROLLER GRANT PROGRAMS
SUBCHAPTER BBROADBAND DEVELOPMENT PROGRAM
RULE §16.34Designated Area Reclassification

(a) A broadband service provider or a political subdivision of this state may petition the office to reclassify a designated area as eligible or ineligible for funding. A petition seeking reclassification of a designated area shall be submitted to the office not later than the 60th day after the broadband development map is published on the comptroller's website. The office shall provide notice of the petition to each impacted political subdivision, and each broadband service provider that provides broadband service to the designated area, if known to the office, and post notice of the petition on the comptroller's website. For the purposes of this section, the office may provide notice to an impacted political subdivision by posting the petition on the comptroller's website and an impacted political subdivision shall be deemed to have received notice on the date the notice of the petition is posted on the comptroller's website.

(b) Not later than the 45th day after the date that an impacted political subdivision or a broadband service provider that provides broadband service to the designated area receives a notice of a petition under subsection (a) of this section:

  (1) an impacted political subdivision may provide information to the office showing whether the designated area should or should not be reclassified; and

  (2) each broadband service provider that provides broadband service to the designated area shall provide information to the office showing whether the designated area should or should not be reclassified.

(c) Not later than the 75th day after the date that a broadband service provider that provides broadband service to the designated area receives the notice of a petition under subsection (a) of this section, the office shall determine whether to reclassify the designated area and update the map as necessary.

(d) The office shall consider the following criteria in making a determination of whether to reclassify a designated area under subsection (c) of this section:

  (1) an evaluation of Internet speed test data and information on end user addresses within the designated area;

  (2) community surveys regarding the reliability of Internet service within the designated area, where available;

  (3) information related to the loss of funding from the state or federal government through forfeiture or disqualification; and

  (4) other information the office determines may be useful in determining funding eligibility.

(e) The office may reclassify a designated area that is classified as ineligible for funding on account of the existence of state or federal funding as eligible for funding if:

  (1) funding from the state or federal government is forfeited or the recipient of the funding is disqualified from receiving the funding; and

  (2) the designated area otherwise meets the qualifications to be eligible for funding.

(f) A determination made by the office under this subsection is not a contested case for purposes of Government Code, Chapter 2001.

(g) If after making an award the office determines that at the time of making the award a designated area was not eligible to receive funding under this subchapter, the office may rescind the award and the grant recipient shall be required to return any grant funds that were awarded. The office shall reduce the amount required to be returned under this subsection if the office determines, in its sole discretion, that the grant funds or any portion thereof were expended in good faith.


Source Note: The provisions of this §16.34 adopted to be effective February 19, 2023, 48 TexReg 685

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