Iowa Admin. Code r. 129-22.5 - Application review process and award of grant funds
(1)
Period
for public comment and validation process. Rescinded IAB 6/2/21,
effective 5/7/21.
(2)
Review committee. Rescinded IAB 6/2/21, effective
5/7/21.
(3)
Office final
decision. The office will review all applications received by the
deadline and otherwise warranting review in accordance with the terms,
conditions, and requirements of the NOFA, these rules, and Iowa Code chapter 8B
and make a final agency decision regarding whether, to which projects, and in
what amount(s) to award grant funds for the installation of broadband
infrastructure that facilitates broadband service in targeted service areas at
or above the download and upload speeds specified in Iowa Code section 8B.11.
a. In so doing, the office will take into
consideration the following factors, in accordance with and in the manner
specified by the terms, conditions, and requirements of the NOFA, affording the
greatest weight to the factors in subparagraphs 22.5(3)"a"(1), 22.5(3)"a" (2), and 22.5(3)"a" (3), and
Iowa Code section 8B.11(4)
"a" (6):
(1) The relative need for broadband
infrastructure in the area and the existing broadband service speeds, including
whether the project serves a rural area(s). Existing broadband service speeds
may be determined by reference to the statewide map referenced in rule
129-20.4 (8B,427).
(2) The
applicant's total proposed budget for the project , including all of the
following:
1. The amount or percentage of
local or federal matching funds, if any, and any funding obligations shared
between public and private entities.
2. The percentage of funding provided
directly from the applicant, including whether the applicant requested from the
office an amount less than the maximum amount the office could award pursuant
to Iowa Code section 8B.11 and, if so, the percentage of the project cost that
the applicant is requesting.
(3) The relative download and upload speeds
of proposed projects for all the applicants.
(4) The specific product attributes resulting
from the proposed project , including technologies that provide higher qualities
of service, such as service levels, latency, and other service attributes as
determined by the office .
(5) The
percentage of broadband units in the targeted service area(s) forming the basis
of the project that will be provided access to broadband service at or above
the download and upload speeds specified in Iowa Code section 8B.11 as a result
of the project . The number of broadband units in a targeted service area shall
be determined by reference to the statewide map referenced in rule 129-20.4 (8B,427). Considering this factor is the means by which the office ensures
underserved areas within targeted service areas are, to the extent possible,
reduced or eliminated.
(6) The
proportion of proposed projects that will result in the installation of
broadband infrastructure in a targeted service area within which the only
broadband service available provides the tier 1 download and upload speeds
specified in the definition of targeted service area.
(7) Any other factors deemed relevant by the
office as stated in the NOFA.
b. In determining whether, to which projects,
and in what amount(s) to award grant funds, the office will not make an award
that exceeds the following percentages identified in Iowa Code section
8B.11(5)
"a,""b," or "c" or
8B.11(6)"b," whichever is applicable, of any communications
service provider's total estimated allowable project costs for a proposed
installation of broadband infrastructure; or meeting the buildout speeds
referenced in Iowa Code section 8B.11(1) or 8B.11(6), whichever is
applicable.
c. In determining
whether a project serves difficult to serve areas and thus qualifies for the 20
percent allocation identified in Iowa Code section 8B.11(7), the office will
solely consider whether the project serves one or more targeted service areas
within which no provider offers or facilitates broadband service that provides
download and upload speeds less than or equal to the tier 1 download and upload
speeds specified in Iowa Code section 8B.1(13)
"a"(1). In such
cases, any funds awarded to the project will be assigned to the 20 percent
allocation made by the office . In the event that the 20 percent allocation in
Iowa Code section 8B.11(7) is not fully subscribed, the office will be
permitted to reallocate any unspent funds to projects that do not serve
difficult to serve areas.
(4)
Notice to applicants of decision
and right to appeal. The office shall notify each communications
service provider awarded a grant by the office of the office 's decision(s) in
accordance with the terms and conditions of the NOFA. The office will also post
such decision(s) online at iowagrants.gov and
ocio.iowa.gov/broadband. Unsuccessful applicants are
solely responsible for reviewing such websites to determine their award status.
Such agency decision(s) shall become final unless, within ten days of such
email transmission or posting, an applicant which was adversely affected by a
decision of the office files a request for a contested case proceeding pursuant
to 129-Chapter 6. Failure to challenge the office 's decision under this rule by
filing a request for a contested case within the ten-day period shall waive any
claims an applicant may have related to the office 's administration of the
process and otherwise be deemed a failure to exhaust administrative
remedies.
Notes
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