| (a) Subject to subsection (c) of this section, a broadband
service provider or a political subdivision of this state may challenge
the designation of a broadband serviceable location located in this
state and petition the office to reclassify the location on the broadband
development map.
(b) A challenge submitted under this section must be
submitted on forms and contain the information prescribed by the office.
The office shall publish on its website the requirements and criteria
for submitting a challenge under this section.
(c) A challenge seeking reclassification of a broadband
serviceable location may only be made on the following basis:
(1) that reliable broadband service at the location
is or is not available within 10 business days of a request for service;
(2) that the actual speed of the fastest available
service tier at the location does or does not meet the broadband service
speed thresholds as established by Government Code, §490I.0105(a);
(3) that the actual round-trip latency of broadband
service at the location exceeds 100 milliseconds;
(4) that the availability of reliable broadband service
at the location is subject to a data cap that results in actual speeds
of the fastest available service tier falling below the broadband
service speed thresholds as established by Government Code, §490I.0105(a);
or
(5) that the location is or is not subject to an existing
federal commitment to deploy qualifying broadband service to the location.
(d) If the comptroller adopts a map produced by the
Federal Communications Commission as provided under Government Code, §490I.0105(q),
a challenge may only be submitted under this section if the person
or entity submitting the challenge provides evidence that the person
or entity previously submitted a successful challenge to the Federal
Communications Commission for the broadband serviceable locations
for which the entity is seeking a reclassification.
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