§ 1735.23 Public notice. ( a ) For applications which request funding in which the applicant will provide retail broadband service, the Agency's mapping tool will include the following information from each application, and be displayed for the public: ( 1 ) The identity of the applicant;
( 2 ) A description of the project that can deliver retail broadband service;
( 3 ) A map of the areas to be served, the proposed funded service area (PFSA), including identification of the associated census blocks;
( 4 ) The amount and type of funding requested;
( 5 ) The status of the application; and
( 6 ) The estimated number and proportion of households and businesses in the proposed funded service area without fixed retail broadband service, whether terrestrial or wireless, excluding mobile and satellite service.
( b ) For funding requests outside an area where the applicant receives Federal universal service support, the public notice filing referenced under paragraph (a) of this section will accept public notice responses from existing service providers with respect to retail broadband service already being provided in the PFSA for 45 calendar days on the Agency's web page. Existing service providers are requested to submit the following information through the Agency's mapping tool: ( 1 ) The number of residential and business customers within the PFSA currently purchasing broadband at the minimum threshold, the rates of data transmission being offered, and the cost of each level of broadband service charged by the existing service provider;
( 2 ) The number of residential and business customers within the applicant's service area receiving voice and video services and the associated rates for these other services;
( 3 ) A map showing where the existing service provider's services coincide with the applicant's service area using the Agency's mapping tool; and
( 4 ) Test results for the service area in question for a minimum of at least the prior three months demonstrating that the asserted level of broadband is being provided. The test results shall be for different times of the day.
( c ) The Agency may contact service providers that respond under paragraph (b) of this section to validate their submission, and so responding service providers should be prepared to: ( 1 ) Provide additional information supporting that the area in question has sufficient access to broadband service;
( 2 ) Have a technician on site during the field validation by RUS staff;
( 3 ) Run on site tests with RUS personnel being present, if requested; and
( 4 ) Provide copies of any test results that have been conducted in the last six months and validate the information submitted in the public notice response months.
( d ) If no broadband service provider submits information pursuant to a pending application or if the existing provider does not provide the information requested under paragraphs (b) and (c) of this section, RUS will consider the extent of broadband service using any other data available through reasonable efforts, including utilizing the National Telecommunications and Information Administration's National Broadband Availability Map and the Federal Communications Commission broadband availability map. That may include the agency conducting field validations so as to locate facilities in the application service area and determine, to the extent possible, if those facilities can provide the minimum threshold of broadband. Notwithstanding, conclusive evidence as to the existence of the level of broadband will be taken only through the public notice process. As a result, the Agency highly recommends that existing service providers in a PFSA submit public notice response to ensure that their service is considered in the determination of eligibility on an application.
( e ) The Agency will notify respondents who are existing service providers whether their public notice response was accepted or not and allow for an opportunity to respond.
( f ) The information submitted by an existing service provider under paragraphs (b) and (c) of this section will be treated as proprietary and confidential and not subject to disclosure, pursuant to 7 U.S.C. 950cc(b)(3).
( g ) For all applications that are approved, the following information will be made available to the public: ( 1 ) The information provided in paragraph (a) of this section;
( 2 ) Each annual report required under § 1735.24 will be redacted to protect any proprietary information; and
( 3 ) Such other information as the Administrator of the RUS deems sufficient to allow the public to understand the assistance provided.
[86 FR 50608, Sept. 10, 2021, as amended at 88 FR 36217, June 2, 2023]