SECTION 16.38. Special Rule for Overlapping Project Areas in Noncommercial Applications

(a) If both a commercial and noncommercial broadband service provider submit an eligible application to provide broadband service access to the same broadband serviceable locations, the office shall inform the noncommercial provider of the overlap and the noncommercial provider shall be required to submit an amended application eliminating the overlapping locations for which the commercial provider proposes to provide expanded broadband service access.

(b) If a noncommercial broadband service provider required to amend its application under subsection (a) of this section does not submit an amended application to the office by the 10th business day after receiving notice of the overlapping areas, the office may remove the application from grant funding consideration.

Source Note: The provisions of this §16.38 adopted to be effective February 19, 2023, 48 TexReg 685; amended to be effective March 24, 2024, 49 TexReg 1956