2023 Indiana Code › Title 4. State Offices and Administration › Article 4. Lieutenant Governor › Chapter 38.5. Broadband Grants for Rural Areas › 4-4-38.5-8.5. Challenge Process

Sec. 8.5. (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.
As added by P.L.121-2021, SEC.4.