Ohio § 505.882

§ 505.882.

(A) As used in this section: (1) “ Challenging provider ” means either of the following: (a) A broadband provider that provides tier two broadband service within or directly

adjacent to an eligible project that is a broadband expansion project under division

(B)(1) of this section; (b) A municipal electric utility that provides tier two broadband service to an area

within the eligible project that is a broadband expansion project described under

division (B)(1) of this section and that is within the geographic area served by the

municipal electric utility. (2) “Eligible project,” “tier one area,” “tier two broadband service,” “program grant,”

and “unserved area” have the same meanings as in section 122.40 of the Revised Code . (B)(1) A board of township trustees may adopt a resolution to expend general funds to support

broadband expansion projects within the unincorporated territory of the township pursuant

to this section, if each project meets the definition of an eligible project and has

not been awarded a program grant. (2) If the board adopts a resolution under division (B)(1) of this section, the board

shall also establish requirements and a process for awarding the funds to broadband

expansion projects and administering the challenge process described in divisions

(C) to (G) of this section. (C)(1) A challenging provider may challenge, in writing, the expending of township general

funds to support broadband expansion projects not later than thirty days after a resolution

is passed to expend general funds for such purpose. (2) The challenging provider shall provide, by certified mail, a written copy of the

challenge to the board of township trustees and to the broadband provider whose broadband

expansion project is subject to the challenge.  The copy provided to the board 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 whose broadband expansion project is subject to the challenge. (D) To successfully challenge a broadband expansion project, a challenging provider shall

provide sufficient evidence to the board of township trustees demonstrating that all

or part of the project is ineligible.  The challenge shall, at minimum, include the following information: (1) Sufficient evidence disputing that the broadband expansion project contains unserved

or tier one areas; (2) Sufficient evidence attesting to the challenging provider's existing or planned offering

of tier two broadband service to all or part of the broadband expansion project, which

evidence shall include the following: (a) With regard to existing tier two broadband service, a signed, notarized statement

submitted by the challenging provider that sufficiently identifies the part of the

broadband expansion project to which the challenging provider offers broadband service; (b) With regard to the planned provision of tier two broadband service by a challenging

provider, both of the following: (i) A signed, notarized statement submitted by the challenging provider that sufficiently

identifies the part of the broadband expansion project to which the challenging provider

will offer broadband service; (ii) A summary of the construction efforts that includes the dates when tier two broadband

construction is expected to be completed and when tier two broadband service will

first be offered to the part of the broadband expansion project being challenged. (E) To demonstrate that all or part of a broadband expansion project is ineligible, a

challenging provider may present shapefile data, residential addresses, maps, or similar

geographic details.  Census block or census tract level data shall not be acceptable as evidence of ineligibility

of all or part of a project. (F) Not later than thirty days after receipt of a challenge, the board of township trustees

may do any of the following: (1) Suspend the use of general funds for broadband expansion projects subject to the

challenge under this section; (2) Reject the challenge, approve the use of funds, and proceed with the broadband expansion

project by the broadband provider whose project was subject to the challenge; (3) Accept in part and reject in part the challenge, and then approve the use of funds

for a modified broadband expansion project that includes some but not all of the locations

initially proposed for the broadband expansion project. (G) The board of township trustees, by certified mail or electronic mail, shall provide

a copy of its decision both to the challenging provider and to the broadband provider

whose broadband expansion project was subject to the challenge.  The decision shall be considered final, and further challenges are prohibited.