Ohio Admin. Code 122:30-1-01 - Definitions
As used in Chapter 122:30-1 of the Administrative Code:
(A)
"Applicant" is a broadband provider that submits an
application to development during an application period. Only broadband
providers are eligible to apply for the program.
(B)
"Directly
Adjacent" means operating in a contiguous census block to all or a part of the
residential addresses contained in the application.
(C)
"Application
period" has the meaning given to it in paragraph (A) of rule 122:30-1-03 of the
Administrative Code.
(D)
"Authority" means the broadband expansion authority
established by section 122.403 of the Revised Code.
(E)
"Development"
means the department of development, or any successor agency.
(F)
"Director" means
the director of development.
(G)
"Broadband
provider" has the same meaning as division (C) of section
122.40
of the Revised Code.
(H)
"Certified mail" means a commercial mail service,
including the United States postal service, that provides proof of mailing via
a receipt to the sender.
(I)
"Commencement of construction" includes the acquisition
of existing physical assets inside a right of way, physical preparation of an
installation site, and installation of last mile broadband infrastructure
components. Commencement of construction does not include planning of last mile
infrastructure, securing of permits, or acquisition of rights of
way.
(J)
"Complete application" means either:
(1)
an application
timely submitted within an application period containing all required
information and documentation; or
(2)
A resubmitted
application containing all required information and documentation that had been
previously determined incomplete by development, timely submitted within an
application period, or within an extension period of no more than fourteen days
granted by development for good cause shown under division (E)(2) of section
122.4019 of the Revised Code.
(K)
"Complete
challenge" means a challenge timely submitted by a challenging provider by
certified mail to development and the applicant that contains, at minimum,
sufficient evidence to support the challenge to the whole or portion of the
complete application being challenged, an email address at which the
challenging provider will receive notifications, and a certification signed by
a duly authorized representative of the challenging provider acknowledging and
agreeing that in order to uphold a challenge the challenging provider may be
responsible for the funding gap in the challenged application if the
challenging provider fails to provide tier two service in the challenged area
within two years.
(L)
"Distressed area" has the same meaning as division (A)
of section
122.19
of the Revised Code.
(M)
"Economic feasibility" means the ratio where the
numerator is the broadband funding gap and the denominator is the total project
cost, subtracted from one and expressed as a percentage. For example, if a
project has a broadband funding gap of one hundred dollars and a total project
cost of one thousand dollars, the economic feasibility would be 0.9 or ninety
per cent. The closer the ratio is to one hundred per cent, the higher the
economic feasibility of the project. Economic feasibility may also include
other factors as determined by the authority.
(N)
"Financial
stability to complete a project" means sufficient resources, assets, and
revenues of the applicant, as determined by the director, to complete an
eligible project. Evidence of financial stability to complete a project may
include evidence of an applicant's ability to secure surety bonding for the
proposed eligible project.
(O)
"Good cause"
means failure to meet a program timeline or requirement due to circumstances
outside of an applicant's reasonable control as determined by the director. In
no event is submission of an application or information at or near the end of
an application period or other time period set by the Revised Code,
Administrative Code, or otherwise noticed to a broadband provider by
development or the authority in and of itself good cause.
(P)
"Program" means
the Ohio residential broadband expansion grant program as defined by division
(F) of section
122.40
of the Revised Code.
(Q)
"Noncompliance" as used in section 122.4046 of the
Revised Code and this division of the Administrative Code means failure of a
broadband provider entering into a program grant agreement to meet any of the
requirements applicable to the program under Chapter 122. of the Revised Code,
or the material terms of a program grant agreement without timely providing a
cure for its noncompliance.
(R)
"Fiscal year"
means the period beginning July first of each calendar year and ending June
thirtieth of the subsequent calendar year. Each fiscal year is referred to as
the calendar year in which the period will end. For example, the period
beginning July 1, 1900 and ending June 30, 1901 would be fiscal year
1901.
(S)
"Public record information" means the information
submitted by an applicant in an application or revised application, a
challenging provider in a challenge, or county commissioners in a solicitation
for applications determined to be public record by development after review
under rule 122:30-1-07 of the Administrative Code.
(T)
"Sufficient
evidence" means such information provided by a challenging provider to
development to allow development to determine that all or portion of a project
is ineligible under the program. Sufficient evidence is, at minimum, the
information required under section 122.4031 of the Revised Code and rule
122:30-1-04 of the Administrative Code for a complete challenge. It is in the
director's discretion to determine whether evidence submitted with a challenge
is sufficient evidence. Sufficient evidence is the minimum evidence required to
support a challenge, but it does not, in and of itself, uphold a challenge. The
determination to suspend all or part of an application based on the evidence
submitted in a complete challenge is in the discretion of the
authority.
Notes
Promulgated Under: 119.03
Statutory Authority: 122.4077
Rule Amplifies: 122.40 to 122.4077
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