Section Bea 405.01 - Challenge Process(a) Upon issuing a preliminary acceptance letter, BEA shall post on its website and notify all interested parties of the award based upon list by town of all providers interested in receiving requests for information, as noted in RSA 33:3-g, IV. This information shall include a description of the proposed project and a Microsoft Excel® spreadsheet with unserved and underserved locations within the project area. Any party shall have 30 calendar days to challenge the decision and provide proof to BEA that RSA 12-O:62, II(b) has not otherwise been fulfilled.(b) Within this timeline, the challenging party shall provide the following:(2) Organization, if any, challenger represents;(3) Address, city, state, and Zip code of challenger;(4) Challenger's telephone number;(5) Challenger's electronic mail address;(6) One-paragraph summary of the challenge; and(7) Detailed proof the application are in violation of RSA 12-O:62, II(b).(c) Upon receipt of the challenge, the commissioner and the broadband project manager shall review the documents and provide a written decision to the challenger and the applicant within 30 calendar days.(d) If the challenge does not meet the parameters of RSA 12-O:62, II(b), the commissioner shall negotiate a contract with the applicant.(e) If the challenge does meet the parameters of RSA 12-O:62, II(b), the applicant shall have 30 days to resubmit information to remedy the deficiency, in which time the commissioner and the broadband project manager shall review the documents to ensure the applicant fulfilled all remaining requirements. If the applicant satisfies the challenge, the commissioner shall negotiate a contract with the applicant.(f) Pursuant to RSA 12-O:62, II(b), a provider who successfully challenges an application's eligibility for funding because construction has commenced shall complete construction as soon as practical. The provider shall provide BEA and the municipality a summary of existing progress and a timeline for completion of the project within the successfully challenged locations.(g) If the funding source incorporates its own challenge process, than it shall control and supersede.N.H. Admin. Code § Bea 405.01
Derived from Number 6, Filed February 9, 2023, Proposed by #13515, Effective 1/5/2023, Expires 7/4/2023.Amended by Number 37, Filed September 14, 2023, Proposed by #13734, Effective 9/1/2023, Expires 9/1/2033.