(a) Eligible participants of the program include:
  (1) political subdivisions of this state;
  (2) commercial broadband service providers;
  (3) non-commercial broadband service providers; and
  (4) partnerships between political subdivisions of this state, commercial broadband service providers, noncommercial broadband service providers, or any combination thereof.
(b) The office may not award grant funds for a broadband serviceable location to an otherwise eligible participant under subsection (a)(3) of this section if a commercial broadband service provider has submitted an eligible application for the same location.
(c) For the purposes of this subchapter, a joint application submitted by any combination of a political subdivision, commercial broadband service provider, or a non-commercial broadband service provider that includes at least one commercial broadband service provider shall be deemed to be an application submitted by a commercial broadband service provider.

Source Note: The provisions of this §16.35 adopted to be effective February 19, 2023, 48 TexReg 685; amended to be effective March 24, 2024, 49 TexReg 1956