(a) The office shall consider the following in making a determination of whether to reclassify a broadband serviceable location:
  (1) the availability of reliable broadband service;
  (2) an evaluation of actual Internet speed test and reliability data;
  (3) the existence or non-existence of an existing federal commitment to deploy qualifying broadband service to a location; and
  (4) any other information the office determines may be useful in determining whether a location should be reclassified.
(b) A broadband serviceable location that is classified as a served location solely because the location is subject to an existing federal commitment to deploy qualifying broadband service may be reclassified if:
  (1) federal funding is forfeited or the recipient of the funding is disqualified from receiving the funding; and
  (2) the location is otherwise eligible to receive funding under the program.
(c) A determination made by the office under this subsection is not a contested case for purposes of Government Code, Chapter 2001.
(d) If within one year after making an award the office determines that at the time of making the award a broadband serviceable location was not eligible to receive funding under this subchapter, the office may proportionately reduce the amount of the award and the grant recipient shall be required to return any grant funds that were awarded as a result of the classification error. Prior to making a decision to reduce the amount of the award, the office shall provide an opportunity to the award recipient to demonstrate cause for why the award should not be reduced. The office shall reduce the amount required to be returned under this subsection if the office determines, in its sole discretion, that the grant funds or any portion thereof were expended in good faith.

Source Note: The provisions of this §16.24 adopted to be effective March 24, 2024, 49 TexReg 1949