If the broadband expansion program authority upholds a challenge to an application under sections 122.4030 to 122.4035 of the Revised Code and the challenging provider fails to provide tier two broadband service as described in the challenge, the challenging provider, after a reasonable opportunity to be heard, may be required to do either or both of the following, in addition to being subject to other remedies available under the law:

(A) Pay to the development services agency the amount of the original broadband funding gap described in section 122.4020 of the Revised Code for the application that was challenged;

(B) Comply with the requirements of any other penalties prescribed by agency rule and imposed after consultation with the authority.