§ 4-4-38.5-8.5 — Challenge process

Indiana § 4-4-38.5-8.5

• Jurisdiction: Indiana
• Art. 4: LIEUTENANT GOVERNOR
• Ch. 38.5: Broadband Grants for Rural Areas

Text

5. (a) The office shall establish a process to
be used before each formal request for the submission of grant
applications by the office under this chapter. The process established
by the office under this section must do the following:
(1) Invite any prospective grant applicant to submit a letter of
intent identifying all addresses and census blocks that the
applicant intends to include in an application filed as part of the
immediately forthcoming request for the submission of grant
applications by the office.
(2) Provide that the office will make all addresses and census
blocks submitted in letters of intent under subdivision (1) publicly
available for a period of time, to be determined by the office,
during which eligible broadband service providers will have the
opportunity to challenge a listed address or census block.
(3) Provide that upon receiving a challenge from an eligible
broadband service provider under subdivision (2), the office will:
(A) review all information received from the eligible broadband
service provider and determine whether minimum broadband
Internet:
(i) is deployed; or
(ii) will be deployed within eighteen (18) months;
to the challenged address or census block; and
(B) determine whether the eligible broadband service provider's
challenge is valid or invalid based on the office's review under
clause (A).
(4) Provide that if the office finds a challenge to an address or a
census block to be invalid under subdivision (3), the office will do
the following:
(A) Provide to all eligible broadband service providers that
challenged the address or census block timely written notice
that:
(i) indicates the office has determined the challenge to be
invalid; and
(ii) sets forth the reasons for the office's determination with
such specificity as will enable each eligible broadband
service provider that challenged the address or census block
to review each reason and provide additional information to
the office to support the eligible broadband service provider's
challenge.
(B) Allow an eligible broadband service provider that receives
notice under clause (A) a period of time, to be determined by
the office, to provide further information to the office to support
the eligible broadband service provider's challenge.
(C) Find an eligible broadband service provider's challenge
valid if the office determines, based on additional information
submitted under clause (B), that minimum broadband Internet:
(i) is deployed; or
(ii) will be deployed within eighteen (18) months;
to the challenged address or census block.
(5) Provide that after the completion of the challenge process
described in subdivisions (2) through (4), the office will notify
prospective grant applicants that submitted a letter of intent under
subdivision (1) of the census blocks and addresses that were not
the subject of a valid challenge under subdivisions (2) through
(4).
(b) Upon issuing a request for the submission of grant applications
under this chapter, the office shall publish the results of the challenge
process established under subsection (a).
(c) The process established by the office under this section with
respect to:
(1) letters of intent; and
(2) challenges;
by prospective grant applicants must precede and remain distinct from
the procedures set forth in section 9(g) of the chapter with respect to
actual grant applications.

Legislative History

As added by P.L.121-2021, SEC.4.