Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title II - Events › Chapter 20 - Broadband Infrastructure-targeted Service Areas › Rule 129-20.4 - Targeted Service Area Determination

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The office will
				create a statewide map divided into broadband blocks. Based on the maps and
				data sources referenced in rule 129-20.3 (8B,427), the statewide map will
				designate broadband blocks that qualify as tier 1, tier 2, or tier 3 targeted
				service areas as of the as of date. The office will publicize the statewide
				map, which may include publishing online at
ocio.iowa.gov/broadband
.
(2) In accordance with Iowa Code section
				8B.10(1), the office shall periodically make renewed determinations of whether
				a communications service provider facilitates broadband service at or above the
				tier 1, tier 2, or tier 3 download or upload speeds specified in the definition
				of targeted service area by publishing an updated version of the statewide map.
				Such updates shall be made, to the extent updated maps and data sources are
				available at the time, no less frequently than prior to each round of grant
				applications solicited by the office pursuant to Iowa Code section 8B.11. The
				office is not required to make renewed determinations of whether a
				communication service provider offers or facilitates broadband service at or
				above the tier 1, tier 2, or tier 3 download and upload speeds specified in the
				definition of targeted service area more frequently than once per
				year.
(3) As of the date of the
				office's publication of each version of the statewide map online at
ocio.iowa.gov/broadband
, targeted service area
				designations as shown on the statewide map shall be considered the office's
				final determination and finding of whether a particular broadband block
				constitutes a targeted service area, unless a person or party successfully
				challenges the office's determination pursuant to the appeals and contested
				case process outlined in this chapter, in which case the office will update the
				statewide map to reflect the outcome of such challenge(s). For the sake of
				clarity, failure to challenge the office's determination and finding of whether
				a particular broadband block constitutes a tier 1, tier 2, or tier 3 targeted
				service area by filing a notice of appeal within the 20-day period established
				by subrule 20.5(1) shall render the office's determination and finding with
				respect to that particular broadband block final and no longer subject to
				challenge. A party's failure to challenge the office's determination and
				finding of whether a particular broadband block constitutes a targeted service
				area by filing a notice of appeal within the 20-day period established by
				subrule 20.5(1) shall be deemed a failure to exhaust administrative
				remedies.
(4) The office will
				designate all projects as addressing difficult to serve targeted service areas
				based on the office's determination, made in its sole discretion, of whether a
				proposal will result in the installation of broadband infrastructure in areas
				meeting the conditions set forth in Iowa Code section 8B.11(7). For the sake of
				clarity, the office will identify all tier 1 TSAs as difficult to serve
				targeted service areas.