(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 Florida Statutes § 288.9962(10)
Rulemaking Authority 288.9961(5)(d) FS. Law Implemented Florida Statutes § 288.9962. History-New 11-30-22.