(A) As used in section 122.4023 and sections 122.4030 to 122.4035 of the Revised Code, “challenging provider” means either of the following:

Terms Used In Ohio Code 122.4030

  • development services agency: means the department of development and the "director of development services" means the director of development. See Ohio Code 122.01
  • in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59

(1) A broadband provider that provides tier two broadband service within or directly adjacent to an eligible project;

(2) A municipal electric utility that provides tier two broadband service to an area within the eligible project that is within the geographic area served by the municipal electric utility.

(B)(1)(a) A challenging provider may challenge, in writing, all or part of a completed application for a program grant for the project not later than sixty-five days after the close of the submission period, or an extension granted under division (E)(2) of section 122.4019 of the Revised Code, in which the application was made.

(b) The development services agency, for good cause shown, may grant the broadband provider an extension of not more than fourteen days in which to submit a challenge.

(2) The challenging provider shall provide, by certified mail, a written copy of the challenge to the agency and to the broadband provider that submitted the application. The copy provided to the agency may include any information the challenging provider considers to be proprietary or a trade secret. Proprietary information or trade secrets may be redacted from the copy provided to the broadband provider that submitted the application.

(C) No challenge to an application may be accepted before the completed application is published in its entirety on the agency’s web site pursuant to division (C)(2) of section 122.4019 of the Revised Code.

Last updated June 9, 2021 at 12:26 PM