Texas Register

TITLE 34 PUBLIC FINANCE
PART 1COMPTROLLER OF PUBLIC ACCOUNTS
CHAPTER 16COMPTROLLER GRANT PROGRAMS
SUBCHAPTER BTEXAS BROADBAND DEVELOPMENT PROGRAM
DIVISION 2BROADBAND DEVELOPMENT PROGRAM
RULE §16.38Special Rule for Overlapping Project Areas in Noncommercial Applications
ISSUE 03/22/2024
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)If both a commercial and noncommercial broadband service provider submit an eligible application to provide broadband service access to the same broadband serviceable locations, the office shall inform the noncommercial provider of the overlap and the noncommercial provider shall be required to submit an amended application eliminating the overlapping locations for which the commercial provider proposes to provide expanded broadband service access.

(b)If a noncommercial broadband service provider required to amend its application under subsection (a) of this section does not submit an amended application to the office by the 10th business day after receiving notice of the overlapping areas, the office may remove the application from grant funding consideration.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 4, 2024

TRD-202400957

Victoria North

General Counsel for Fiscal and Agency Affairs

Comptroller of Public Accounts

Effective date: March 24, 2024

Proposal publication date: October 13, 2023

For further information, please call: (512) 475-2220



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