§2370.27. Grant process

            A. The office shall have the authority and responsibility to promulgate rules that are consistent with requirements promulgated by or guidance of the assistant secretary pursuant to the IIJA, BEAD program guidelines, state law, and this Subpart. The office shall carry out the grant process including broadband availability challenges, grant applications, scoring, grant awards, and awards.

            B.(1) The state shall use the NTIA BEAD Model Challenge process and shall complete the process before a future grant round is launched.

            (2) The office shall permit challenges for planned, privately funded broadband projects where a broadband service provider provides convincing evidence that it is currently building out broadband to locations without government subsidy or is building out broadband offering performance beyond the program requirements.

            (3) To minimize duplication of funding, the office may not treat as unserved or underserved any location that is already subject to an enforceable commitment as of the date that the challenge process commences.

            (4) The NTIA shall be the final arbiter of availability challenges.

            (5) The office shall keep challenge details confidential for evaluation to the extent required consistent with state law and federal requirements and pursuant to this Subpart.

            C.(1) A grant round administered by the office shall be open for a period of at least thirty days but not longer than sixty days.

            (2) The office shall identify eligible locations for grant funding based on the most recent broadband data map, updated according to the outcomes of the challenge process and as approved by the assistant secretary. Any broadband-serviceable locations within the applicant-defined project area that are not included on the version of the broadband data map used for identifying eligible locations prior to the opening of the grant round added to the broadband data map after the submission of an application but before the completion of the project shall also be served by the grant award winner subject to the requirements of Subsection F of this Section.

            (3) The office shall release eligible locations at least thirty days prior to the start of a grant round.

            (4) Application information used for scoring purposes shall be made publicly available, subject to the confidentiality protections provided in this Subpart, by posting on the website of the office or the website of the division of administration for a period of at least seven days prior to the grant award.

            (5) A grant applicant may define proposed project areas in the application for grant funding, which shall include eligible locations identified by the office. However, the office shall award grants to eligible grant recipients according to the priorities established in federal law, including any additional regulations promulgated by or guidance of the assistant secretary, as provided for in R.S. 51:2370.21(A).

            (6)(a) A local governing authority of an eligible parish may submit in writing to the office, up to seven days after the grant applications are made public, an objection to a grant application to deploy broadband services in the local governing authority's parish if the broadband service provider has received a letter grade rating of "D" or "F" from the Better Business Bureau.

            (b) At the request of the local governing authority of an eligible parish that submits an objection in accordance with this Paragraph, a broadband service provider shall be ineligible to be awarded grant funds to deploy broadband services in that eligible parish.

            (7)(a) If, after soliciting applications, the office has received no applications to serve one or more eligible locations, the office may engage with eligible grant recipients to serve eligible locations. The office may offer inducements as set forth in Section III.B of the BEAD NOFO or benefits during the grant selection process, such as points or credits. The office shall ensure that its approach is as transparent as possible.

            (b) The outreach authorized by this Paragraph is permitted only after the office has solicited proposals and failed to obtain one or more applications to serve the location or locations at issue.

            D. The office shall have the authority and responsibility to promulgate application minimum requirements, scoring rules, and grant awards that are consistent with requirements promulgated by the assistant secretary pursuant to the IIJA, including any additional requirements or guidance provided for after enactment of this Act, BEAD program guidelines, state law, and this Subpart.

            E. For subsequently identified broadband-serviceable locations in a grantee's funded project area, the timeline and additional funding to deploy shall be determined in a supplemental grant agreement between the office and the grantee.

            F.(1) Upon a grant award announcement, any eligible grant recipient or local governing body may protest a grant award during a fourteen-business-day protest period on a basis that would result in an award change, other than a served versus unserved basis, such as a scoring error. Any eligible grant recipient or local governing body submitting a protest shall attest that the information in the protest is accurate and that the protest is submitted in good faith. The office may deny any protest that contains inaccurate information.

            (2) The director or his designee may, prior to the commencement of an action in court concerning a protest arising pursuant to this Subpart, settle and resolve the protest.

            Acts 2023, No. 383, §1.