In accordance with KRS 224A.1121, broadband service providers have fifteen (15) business days after the publication of proposed project information to challenge whole or partial applications to the Office of Broadband Development for funding, if the challenge provider can provide proof that an area is served, will be served within 12 months, or has received funds from another state or federal funding source to deploy broadband to the proposed addresses.
A challenging provider shall provide the office with proof that:
1. The broadband deployment project area is:
a. Currently served; or
b. Under construction for provision of broadband service within twelve (12) months of the challenge; or
2. The applicant has received funds from another state or federally funded grant program designed to encourage broadband deployment in the broadband deployment project area that covers more than fifty percent (50%) of the eligible project expenses.
As part of the challenge process and in order to meet the burden of proof in paragraph (b) of this subsection, the challenging provider shall submit:
1. A shapefile and a list of addresses containing all addresses within the broadband deployment project area that the challenging broadband service provider currently serves and the maximum megabits per second downstream speed and the maximum megabits per second upstream speed provided to each challenged address;
2. A feasibility study, construction plan, or other relevant documentation that clearly and convincingly demonstrates that the challenging broadband service provider will be under construction within twelve (12) months of the application date for the broadband deployment fund grant, which may be extended by the office an additional six (6) months because of undue construction delays; or
3. Loan documents, grant award receipts, or other financial information that clearly and convincingly demonstrates to the office that the challenging broadband service provider has received adequate funds from another state or federally funded grant program designed to encourage broadband deployment in the area.
Within five (5) business days of a challenge being submitted to the office, the provider submitting the application which is challenged shall be provided copies of all challenge material.
The office shall treat any information submitted as part of a challenge as confidential and exempt from disclosure under the Open Records Act, KRS 61.870 to 61.884, upon the challenging provider's request for confidential treatment.
Within fifteen (15) business days of receipt of the copies of the challenge material described above, the applicant shall respond to the challenge. Once the response to the challenge is submitted to the office by the applicant, the office shall have fifteen (15) business days to resolve the dispute.
Upon a determination that a challenge is unsuccessful because the challenging provider is unable to prove, within the timeframe provided under this section, that the provider currently serves a broadband deployment project area, the office shall move forward with the funding process.
Upon a determination that an application meets the funding criteria, but the proposed project area is found to be partially served, the applicant may amend and resubmit the application within fifteen (15) business days and the office may grant partial funding based on the partial service provided in order to ensure that grant funds are used to only provide broadband service to addresses deemed underserved or unserved.
In the event of a challenge that involves addresses are not under construction within twelve (12) months, or eighteen (18) months if extended by the office, the challenging provider shall pay a civil penalty to the broadband deployment fund in an amount equal to the amount of grant funding for those addresses plus ten percent (10%).
This file contains all proposed addresses as submitted by applicants for funding. Challenge evidence submitted by challengers must match proposed addresses exactly.
Version 2: Ky_Broadband_Round2_AddressList_v2.xlsx
Challenges to proposed locations were due to the office by Tuesday, March 7, 2023.
Blank address template: Address-Template-for-Proposed-Locations.xlsx