Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73C - Division of Community Development › Chapter 73C-50 - BROADBAND OPPORTUNITY PROGRAM › Section 73C-50.005 - Application Challenge Process

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				Broadband Internet Service Provider that provides existing service in or
				adjacent to a proposed project area may submit a challenge to an application.
				The Provider may challenge all or a portion of a proposed project
				area.
(2) Challenges must be
				submitted within 45 days of the Office's publication of the list of the
				proposed unserved areas to be served. Challenges must be in writing, with an
				affirmative certification by the Provider of the accuracy of the information
				asserted, including a Geographic Information Systems map of the challenged
				area, and containing detailed information demonstrating one or more of the
				three factors set forth in Section
				 288.9962(6)(c),
				F.S. The Provider must also submit any other documentation to support the
				challenge.
(3) Challenges may be
				submitted to the Department of Economic Opportunity, Florida Office of
				Broadband, 107 East Madison Street, Mail Station #160, Caldwell Building,
				Tallahassee, Florida 32399-4128, or via e-mail at Broadband@deo.myflorida.com.
				Any and all confidential business information or proprietary information must
				be identified upon submission and a redacted copy of the same material provided
				to the Office concurrent with the claim of confidentiality or proprietary
				protection. Each individual portion of the redacted copy that the broadband
				Internet service Provider asserts as confidential must contain a citation to
				the specific law making the content of the redacted portion
				confidential.
(4) Within three
				business days of receiving a timely challenge, the Office will notify the
				Applicant, in writing, and provide a copy of the challenge. The Applicant shall
				have 30 calendar days from the date on the notice of challenge to respond, and
				the Applicant's application will be placed in pending status.
(5) The Applicant's response must address, in
				detail, each factor identified in the challenge and include concise statements
				of the Applicant's position regarding each factor. The response must also state
				with specificity the Applicant's reason(s) the challenge is not valid and
				include any supporting documentation. If the Applicant and challenging entity
				can mutually settle the challenge, the settlement must be submitted to the
				Office, in writing, within 30 days of the challenge notification.
(6) The Office shall evaluate challenges in
				accordance with Section
				 288.9962(6)(e) and
				(f), F.S. The Office shall have 30 calendar
				days to review an Applicant's response and issue a written determination
				granting or denying the challenge. When a challenge is granted for only a
				portion of the proposed project area, the Office shall award a grant to the
				unchallenged and unserved portion of the grant application.
(7) The Office shall publish a list of all
				grant applications received and all written challenges and the results of those
				challenges on its website at www.floridajobs.org/broadband in accordance with
				Section  288.9962(10),
				F.S.
Rulemaking Authority
					 288.9961(5)(d)
					 FS. Law Implemented 288.9962
					 FS.
New 11-30-22.