Challenge Process

A challenge process was made available from July 24 to Aug. 11, 2023, prior to the Capital Projects Fund (CPF) Middle Mile (MM) and Last Mile (LM) application period. 

Updated CPF Grant Elligibility Maps

Last Mile Three County Web Map

Middle Mile State Web Map

Countywide Last Mile Maps

Polk 

Hardin

Wayne

Statewide Middle Mile Map

State Map

 

 

 

 

Challenge Process Materials and Guide

Step 1 - Review Eligibility Maps

Maps can be viewed on the Eligibility Map tab.

 

Step 2 - Determine whether you qualify to submit a challenge

Unserved Areas

Option 1 – Service exists in the area you wish to challenge

You have evidence that broadband service (at least 100/20mbps) is in place.

Option 2 – Construction has begun in the are you wish to challenge

You have evidence that construction to provide broadband service (at least 100/20mbps) has begun in the identified area.

Option 3 – Construction is scheduled in the area that you wish to challenge

You have evidence that your entity is committed to complete construction providing service (at least 100/20mbps) within 18 months of the challenge process.

Served Areas

Option 1 – Infrastructure is not present

Evidence that the area lacks infrastructure capable of offering speeds at 100/20mbps.

Option 2 – Locations not able to access internet

Speed test(s) and/or survey results showing that locations in the area cannot access internet at speeds of 100/20mbps.

Option 3 – Evidence of no infrastructure or construction in area

Documentation (photo evidence, supplemental evidence, etc.) showing lack of construction/infrastructure in place to build out in area currently considered served at speeds of 100/20mbps.

 

Step 3 - Complete the Challenge Process form

The Challenge Process Form can be found above

 

Step 4 - Await TNECD decision

Through the American Rescue Plan’s Capital Projects Fund (CPF), the Tennessee Department of Economic and Community Development (TNECD) is offering Last Mile and/or Middle Mile grants to provide broadband access in unserved areas (those lacking minimum download and upload speeds of 25 Mbps and 3 Mbps, respectively) and underserved areas (those with service greater than 25/3 but less than 100/20 Mbps). This presentation is designed to provide eligible participants with clear instructions for completing the required steps in the challenge process. It will demonstrate how to complete the online application and will provide additional information about the process, including a review of the current eligibility maps and other details around submitting a challenge.


PowerPoint Slides

Challenge Process Webinar Recording

What programs are included for the Challenge Process? 

  • Through the American Rescue Plan’s Capital Project Fund (CPF), TNECD is offering grants to provide broadband access in unserved and underserved areas through the Last Mile and Middle Mile Grant Programs. 
    • The Last Mile Grant Program is focused on unserved and underserved areas in Polk, Wayne, and Hardin Counties.  
    • The Middle Mile Grant Program is focused on middle mile and last mile infrastructure buildout in unserved and underserved areas in all Tennessee counties, other than Polk, Wayne, and Hardin counties.   

 

Who may submit a challenge to the TNECD Challenge Process?  

  • The Challenge Process is designed for Internet Service Providers to challenge eligible areas. In addition, community members may provide information on the map through the Resident Feedback Portal on the interactive map.   

 

When will the TNECD Challenge Process be open?  

  • The challenge process will be open from July 24 – August 11, 2023.  

 

Where can my entity submit a challenge? 

  •  Challenges may be filed on the Challenge Process Form. This form can be found here.   

 

Will TNECD still conduct a Public Notice Period for the Last Mile and Middle Mile Programs?  

  • Yes, the Public Notice Period will take place after applications have been submitted.    

 

What is the difference between the Challenge Process and the Public Comment Period (especially where maps and target audience are concerned)?   

  • The Challenge Process allows Internet Service Providers to challenge eligible areas for the Last Mile and Middle Mile Program. They may submit supplemental evidence to contest areas considered served, unserved, or underserved.   
  • The Public Notice Period allows Internet Service Providers, community members, and the public to provide comment on an applicant’s application for the Last Mile and Middle Mile Program. During the Public Notice Period, the map, funding request, and entity name of each applicant will be located at tn.gov/broadband.    

 

What is an eligible area?   

  • An eligible area is an area where TNECD has determined are unserved An (those lacking minimum download and upload speeds of 25 Mbps and 3 Mbps, respectively) and underserved areas (those with service greater than 25/3 but less than 100/20 Mbps).   
  • These eligible areas can be found on the interactive maps for Last Mile and Middle Mile or the static pdf maps for these programs.    

 

What data do the eligibility maps reflect?  

  • The most recent available data from direct provider outreach and data collection, FCC BLS data, verified consumer broadband feedback, and independent research collected by TNECD were used to determine existing available broadband service. The maps also will exclude from eligibility federally approved and authorized Rural Digital Opportunity (RDOF) areas, USDA granted areas, other state grant approved funded areas, and protected borrower areas.   

 

Under which situations can providers submit challenges?  

  • Providing documentation that broadband service to the area designated as eligible at speeds that meet or exceed the state minimums is already in place. The minimum speeds are 100 Mbps download and 20 Mbps upload, with a latency of less than 100 milliseconds. 
  • Provide evidence that construction to provide broadband service at speeds that meet or exceed those state minimums, with a packet loss of less than 2 percent, has begun.  Provide documentation that you have an enforceable commitment to complete construction of service meeting those standards no later than 18 months after submitting the challenge.    

 

What documentation is needed to submit a challenge?   

  • Challengers can use as many types of documents and as much data as you’d like to support your You challenge.    
    • These are the types of acceptable documents:  
      • Plant map (does not need to be at the asset level)  
      • Georeferenced picture  
      • Unlimited type or the amount of data that can be submitted  
      • Design AutoCAD, KMZs, shapefiles, geodatabase (Note: Match application documents are required)  
      • Bill of ladings, invoicing, proof of financing, commitment to financing, permits, the same information required in a grant application
      • Deployed technology, feasibility studies, community letters of support, applicant business model, project scope, timeline, bill of ladings, funding commitment, end user pricing levels and data caps and lack thereof   
      • Provide documentation to challenge areas that are currently designated as “served,” which refers to areas with service at or above 100/20 Mbps  
      • Provide documentation showing at least one of the following:  
        • Evidence that the area lacks infrastructure capable of offering speeds at 100/20 Mbps. 
        • Speed test and/or survey results showing that locations cannot access internet at speeds of 100/20 Mbps
        • Documentation (photo evidence, supplemental evidence, etc.) showing lack of construction/infrastructure in place to build out in area currently considered served at speeds of 100/20 Mbps.       

 

What if a provider submits incomplete or incorrect data?   

  • Incomplete challenges will be disqualified.   False documentation and/or challenges will be disqualified. If a challenger is found to provide intentional incorrect data, they may be disqualified from the next two grant rounds. 

 

What are the criteria for a successful challenge?  

  • Currently provides broadband services meeting baseline speed of 100 Mbps download by 20 Mbps upload; or  
  • Has begun construction to provide such services; or  
  • Has an enforceable commitment to provide broadband internet service at speeds of at least 100 Mbps download by 20 Mbps upload and scalable to higher speeds of 100 Mbps symmetrical to the proposed service area within 18 months of submitting the challenge.     

 

Are downloadable mapping files available? 

  •  Yes, the interactive maps include links to download GIS mapping files.  PDF maps are also available for download.