TITLE IICHAPTER 2012920.1(8B, 427) Definitions. The definitions in Iowa Code section 8B.1 shall apply to this chapter. In addition, for purposes of this chapter, the following definitions shall apply.
"As of date" means the as of date of the broadband availability maps and corresponding data sources utilized by the office in determining whether a communications service provider facilitates broadband service in a particular broadband block at or above the download and upload speeds specified in the definition of targeted service area and underlying the statewide map published and then in effect in accordance with rules 129—20.3(8B,427) and 129—20.4(8B,427).
"Broadband block" means:
- Until the Federal Communications Commission (FCC) adopts and publishes a publicly available data set identifying a different or more granular unit of measurement(s) by appropriate regulation or order (such as location-specific, address-specific, or polygon-based), a census block.
- If the FCC adopts and publishes a publicly available data set identifying a different or more granular unit of measurement(s) by appropriate regulation or order (such as location-specific, address-specific, or polygon-based), for purposes of the next iteration of the statewide map published in accordance with rule 129—20.4(8B,427) following the FCC’s adoption of such unit of measurement(s), such unit of measurement(s) as adopted by the FCC and which is located in this state.
"Broadband unit" "broadband units" means a home, farm, school, or business within a broadband block as of the as of date. The number of broadband units within a broadband block shall be as represented on the statewide map published in accordance with rule 129—20.4(8B,427).
"Census block" means a U.S. Census Bureau census block located in this state, including any crop operation located within the census block.
"Chief information officer" "CIO" means the state chief information officer or the state chief information officer’s designee.
"Installation of the broadband infrastructure" means the labor, construction, building, and furnishing of new physical infrastructure used for the transmission of data that provides broadband services. “Installation of the broadband infrastructure” does not include the process of removing existing infrastructure, fixtures, or other real property in preparation of installation of the broadband infrastructure.
"Materially underserved" means a broadband block within which less than 10 percent of the geographic area comprising the broadband block is facilitated with broadband service exceeding tier 1 upload and download speeds.
"Meaningfully available" means broadband service that is facilitated to consumers on a commercially reasonable basis and without significant interruption or delay. In determining whether broadband service is meaningfully available on a commercially reasonable basis, the office may consider product or delivery attributes or characteristics such as availability in terms of average uptime and downtime or latency or delays in the transmission of data.
"Tier 1 targeted service area" "tier 1 TSA" means a targeted service area within which broadband speeds do not exceed tier 1 speed levels.
"Tier 2 targeted service area" "tier 2 TSA" means a targeted service area within which broadband speeds do not exceed tier 2 speed levels, but are greater than tier 1 speed levels.
"Tier 3 targeted service area" "tier 3 TSA" means a targeted service area within which broadband speeds do not exceed tier 3 speed levels, but are greater than tier 2 speed levels.
Related ARC(s): 2782C, 4606C, 5173C, 5658C12920.2(8B, 427) Scope. This chapter interprets relevant provisions of Iowa Code sections 8B.1, 8B.10, and 8B.11; implements Iowa Code section 427.1(40); and applies to the office’s determinations of whether a broadband block is a targeted service area and to persons who wish to challenge the office’s finding on whether a broadband block is a targeted service area. References to Iowa Code chapter 8B or its subparts refer to Iowa Code chapter 8B as amended by 2021 Iowa Acts, House File 848, and as will be codified in the 2022 Iowa Code.Related ARC(s): 2782C, 4606C, 5173C, 5658C12920.3(8B, 427) Broadband availability maps and data sources. 20.3(1) To determine whether a communications service provider facilitates broadband service in a particular broadband block at or above the tier 1, tier 2, or tier 3 download and upload speeds specified in the definition of targeted service area as of the as of date, the office may utilize the following data sources: a. Fixed broadband availability maps and corresponding data sources made available by the FCC online. b. Broadband availability maps and corresponding data sources developed or produced by contractors or third parties retained or utilized by the office for such purpose. c. For purposes of identifying or verifying the number and location of broadband units within a broadband block, next generation (NG) 911 structure data, statewide address location data, or United States census data. d. Other data sources made available by or through federal or state agencies, directly or indirectly. 20.3(2) In accordance with Iowa Code section 8B.10(3), all data sources relied on by the office in making the determination(s) contemplated by this rule and rule 129—20.4(8B,427) shall exclude mobile wireless or satellite data, capabilities, and delivery mediums.Related ARC(s): 2782C, 4606C, 5173C, 5658C12920.4(8B, 427) Targeted service area determination. 20.4(1) The office will create a statewide map divided into broadband blocks. Based on the maps and data sources referenced in rule 129—20.3(8B,427), the statewide map will designate broadband blocks that qualify as tier 1, tier 2, or tier 3 targeted service areas as of the as of date. The office will publicize the statewide map, which may include publishing online at ocio.iowa.gov/broadband. 20.4(2) In accordance with Iowa Code section 8B.10(1), the office shall periodically make renewed determinations of whether a communications service provider facilitates broadband service at or above the tier 1, tier 2, or tier 3 download or upload speeds specified in the definition of targeted service area by publishing an updated version of the statewide map. Such updates shall be made, to the extent updated maps and data sources are available at the time, no less frequently than prior to each round of grant applications solicited by the office pursuant to Iowa Code section 8B.11. The office is not required to make renewed determinations of whether a communication service provider offers or facilitates broadband service at or above the tier 1, tier 2, or tier 3 download and upload speeds specified in the definition of targeted service area more frequently than once per year. 20.4(3) As of the date of the office’s publication of each version of the statewide map online at ocio.iowa.gov/broadband, targeted service area designations as shown on the statewide map shall be considered the office’s final determination and finding of whether a particular broadband block constitutes a targeted service area, unless a person or party successfully challenges the office’s determination pursuant to the appeals and contested case process outlined in this chapter, in which case the office will update the statewide map to reflect the outcome of such challenge(s). For the sake of clarity, failure to challenge the office’s determination and finding of whether a particular broadband block constitutes a tier 1, tier 2, or tier 3 targeted service area by filing a notice of appeal within the 20-day period established by subrule 20.5(1) shall render the office’s determination and finding with respect to that particular broadband block final and no longer subject to challenge. A party’s failure to challenge the office’s determination and finding of whether a particular broadband block constitutes a targeted service area by filing a notice of appeal within the 20-day period established by subrule 20.5(1) shall be deemed a failure to exhaust administrative remedies. 20.4(4) The office will designate all projects as addressing difficult to serve targeted service areas based on the office’s determination, made in its sole discretion, of whether a proposal will result in the installation of broadband infrastructure in areas meeting the conditions set forth in Iowa Code section 8B.11(7). For the sake of clarity, the office will identify all tier 1 TSAs as difficult to serve targeted service areas.Related ARC(s): 2782C, 4606C, 5173C, 5658C12920.5(8B, 427) Appeals. 20.5(1) Notice of appeal. Within 20 days after the office makes its final determination of whether a particular broadband block constitutes a tier 1, tier 2, or tier 3 targeted service area pursuant to rule 129—20.4(8B,427), any person or party aggrieved or adversely affected by such determination may challenge the office’s finding by filing a notice of appeal with the office. a. The notice of appeal shall set forth: (1) The name, address, telephone number, and email address of the person or party; (2) The particular broadband block(s) designation the person or party is challenging by stating:- The broadband block number(s) or other unique identifier as provided on the statewide map referenced in rule 129—20.4(8B,427);
- The county in which the broadband block(s) is located as provided on the statewide map referenced in rule 129—20.4(8B,427);