Current through Rules and Regulations filed through October 29, 2024
Rule 413-7-1-.08 - Review of Applications(1) Upon receipt of a Preapplication under this program, staff will review the Preapplication for eligibility and conformance with basic threshold criteria. Potential applicants will then be notified regarding general eligibility and perceived competitiveness based on the information they provided. For assessments that indicate potentially eligible and competitive projects, the Authority and/or DCA may provide limited technical assistance to would-be applicants; however, in no event will the Authority or DCA assist in the actual writing of an application.(2) Upon receipt of an application, the application shall be reviewed using the rating and selection factors specified in Section 413-07-1-.08(6) of these regulations, using any additional and/or supplemental information, data, analyses, documentation, commitments, assurances, etc., as may be required or requested by the Authority or DCA for purposes of evaluating, rating and selecting applicants under this program. Applications that contain insufficient information or documentation to be evaluated and rated may be returned to the applicant for further information.(3) Staff may conduct site visits and hold discussions with applicants and proposed sub-recipients for the purposes of confirming and evaluating information contained in the Preapplication or Application. Staff may also consult with other appropriate government and private entities in the course of reviewing and evaluating information contained in Preapplications and/or Applications.(4) All applications received from applicants will be reviewed to determine the merit of the applications and the proposed use of funds. The One Georgia Authority and/or DCA will rate and review all applications that meet the Threshold Requirements outlined in Section 413-07-1-.08(5). Applications will be rated according to a point system. The maximum number of points available to an application is set at 540 points. In order to be fundable, an application must receive a minimum score of 325 points. The rating criteria are outlined below.(5)Threshold Requirements (Application must generally meet all requirements in order to be rated.):A) The application is from eligible applicant(s).B) The project takes place in an eligible county which does not currently have adequate broadband services.C) The proposed broadband system a) is owned by a unit of local government; b) is owned by an authority; c) involves an intergovernmental service agreement between multiple jurisdictions that include two or more counties; or (d) is owned by a private entity seeking a low interest loan and will enter into a lease or lease-purchase agreement with the recipient.D) If the proposed project involves multiple public ownership jurisdictions, evidence of a revenue- and cost-sharing agreement must be included.E) If the proposed project includes the formation of a broadband public/private partnership (PPP), the formal PPP should include an agreement (such as a Memorandum of Understanding) between all parties which outlines the roles and responsibilities of the various partners (both public and private) throughout the implementation process.F) The method of identifying the private sector partner may be addressed through a formal RFP (Request for Proposal) process established by the public partner who is an eligible applicant for the proposed use of funds.G) The proposed use of funds is for eligible activities and will be carried out in a manner consistent with the state constitution, state law and in accordance with the applicants' (or sub-recipients') enabling legislation and authority; and(6)Rating and Selection Criteria.Criteria | Points |
Threshold Requirements | 0 |
Demographics | 100 |
Feasibility | 120 |
Impact | 110 |
Strategy | 110 |
Regional Bonus | 100 |
Total Available Points | 540 |
A)Demographics (100 Points Maximum): On an annual basis, demographic scores will be calculated for each county in the state. For purposes of assigning a demographic score for applications submitted by multiple applicants or an authority made up of multiple entities, the highest score from the group of counties which has endorsed the project or are members of the regional authority will be used. Applications will be rated and scored against each of the following demographic factors as calculated by the Department of Community Affairs using the most recent population, poverty and income estimates: i) Demographic Need - total population: Counties will be compared in terms of their total population level. Counties with a population less than 10,000 will receive 45 points. Counties with a population between 10,000 and 19,999 will receive 35 points. Counties with a population between 20,000 and 29,999 will receive 30 points. Counties with a population between 30,000 and 39,999 will receive 25 points and counties over 40,000 in population will receive 20 points. ii) Demographic Need - percent of people in poverty: Counties will be compared in terms of the percentage of population below the poverty level. Counties with an overall poverty rate of 20% or greater shall receive 40 points. For counties with a poverty rate less than 20%, scores will be obtained by dividing each county's percentage of persons in poverty by the highest percentage of persons in poverty of any applicant in the group and multiplying by 40. iii) Demographic Need - per capita income: Counties will be compared in terms of their per capita income. Scores will be obtained by dividing each County's per capita income into the lowest per capita income of any county in the group and multiplying by 15.B)Project Feasibility (120 Points Possible). Applications will be awarded "feasibility" points according to the following scale: poor - 0.0 points; below average - 30.0 points; average - 60.0 points; good - 90.0 points; excellent - 120 points. The criteria detailed below (413-07-1-.08(6)(B) i)-xi)) will determine where on the "Feasibility" Scale an application ranks:
i) The description of the proposed project and activities are clearly described and documented. ii) The responsibilities for carrying out each activity are clearly ascribed to a participating entity and each entity has firmly committed in writing to carry out its part; Project readiness concerns are addressed (as applicable): i) engineering/architectural/ environmental, ii) infrastructure/utility/network access issues, including submission by each applicant of supporting documentation from local phone company(ies) that they are currently or will be capable of providing broadband service within the proposed project timeline;iii) the development of an address and street-name database with geographic locations for each address coordinated with the private carrier;iv) commitments to fund ongoing operations/maintenance, etc.; v) other public and private sector investors are committed and ready to invest, vi) all needed real property is acquired or under option,vii) any needed regulatory approvals obtained (approval of plans, government permits, etc.), viii) administrative capacity is adequate, andix) (soft projects) professional service providers have adequate credentials and work history, etc.iii) Each participating local political jurisdiction has endorsed the project in writing and has pledged the required revenues to maintain the project. iv)Public Private Partnerships: Applications demonstrating creation of a broadband public-private partnership, should generally demonstrate that the methodology for selection of the private partner was done through an RFP (request for proposal) or other similar inclusive and open access platform. Proposed contracts that will exist between a private sector broadband service provider and the public entity must be included in the application. v)Bidding Process: Applicant should provide details of the competitive and transparent bidding process conducted by the community to solicit bids from the private sector to bring broadband connectivity to the intended unserved area; evidence that identifies the most suitable match between community needs and resources and identifies a service provider capable of delivering those services in a sustainable manner. vi)Business Plan: Applications should include essential elements of a business plan, including description of the need for broadband, description of community(ies) to be served; any existing levels of connectivity currently available and the current cost of those services; a summary of the extent of community engagement to the proposed broadband deployment, details on potential number of users of broadband access, details on the kind of broadband-dependent services that may be provided as a result of broadband access, overview of proposed project management, the appropriateness and availability of the proposed technological solution, a plan for proposed implementation of the network including a time line with project milestones and a commitment to adhering to a set critical path. vii)Financial Plan: Applications should include details of market, revenue and cost projections to support the sustainability of the proposed broadband services for a period of at least five years including but not limited to breakdown of the required costs for broadband deployment; assumptions made for expected number of residents and businesses that will have access to the broadband service, revenue estimates based on the number of residents and businesses who have agreed (or projected) to subscribe to the service in the first year; assumptions made for five-year subscriber and population growth rate, average revenue per subscriber; measurability and types of services to be offered. Applications should identify potential risks that might affect implementation of the project and any strategies or solutions that you would use to mitigate or prevent these impacts. viii)System Design, Technology and Capacity: Provide a detailed description of the goals and objectives of the proposed system design; functional specifications including bandwidth and how many sites and/or systems will have to be connected; performance specifications including minimum levels and broadband standards for systems requiring inter-operability with other networks; appropriateness and availability of the proposed technological solution including infrastructure that will be deployed; overview of the technology and facilities that will be used to deliver broadband services in the community(ies) including the potential for future expansion (scalability) of the proposed network. Identify capacity separately for each category of facility if application proposed interconnection between communities and/or private providers. ix)Maintenance and Ongoing Sustainability: Provide details of all maintenance activities and how assistance will be provided. For example: will 24/7 maintenance support be provided; how will the service be monitored for problems; how will service growth be accommodated; what software will be used to generate utilization reports and service availability reports. x) Project costs are verified through original source documents, architectural and engineering reports, or certified appraisals; and xi) Applicant certifies that project complies (or will comply) with all applicable federal, state, and local law and regulations.C)Project Impact (110 Points Possible). Applications will be awarded "Impact" points according to the following scale: poor - 0.0 points; below average - 27.5 points; average - 55.0 points; good - 82.5 points; excellent - 110.0 points. In order to determine where on the "impact" scale a project ranks the following criteria will be analyzed:
i) Amount of total state assistance per person served. ii) Amount of private leverage per person served. iii) Amount of public leverage per person served. iv) Evidence that the proposed deployment of broadband is based on a realistic assessment of needs.v) Anticipated positive and direct benefits to at least one directly eligible rural county as a result of the proposed deployment. vi) Map of the community(ies) indicating the areas to be covered by the proposed broadband services. vii) Project supports and relates to the overall planning, vision and future growth of the participating community(ies). viii) Benefits of collaboration between the public sector and private sector, if applicable, to bring about broadband deployment to unserved or underserved areas. ix) Existing technology assets have been leveraged to enhance success and sustainability of this project. x) If the project represents a multi-county or regional initiative, benefits and cost savings available through regional collaboration.D)Program Strategy (110 Points Possible). Applications will be awarded "Strategy" points according to the following scale: poor - 0.0 points; below average - 27.5 points; average - 55.0 points; good - 82.5 points; excellent - 110.0 points. In order to determine where on the "strategy" scale a project ranks the following criteria will be analyzed:
i) The project represents an innovative approach to providing broadband services in rural Georgia. ii) The availability of broadband service will increase entrepreneur and small business owners reach and ability to compete successfully in a global economy. iii) The proposed project will likely result in the enhancement of the public workforce through the facilitation of online and distance learning resources to support education, job training and skill upgrades in rural Georgia. iv) The proposed project will likely lead to direct and/or indirect local and regional impact by: i) expanding and encouraging e-business with new broadband applications and services; ii) e-commerce through selling of products and service on the internet and sharing of best practices; iii) attracting new development/investment;v) Supporting/enhancing local or regional development strategies and priorities; and v) supporting/enhancing local or regional institutions and quality of life.vi) Financial and programmatic alternatives have been considered for the proposed project and eliminated. vii) The proposed project supports the overall objectives of the State, GTA and the OneGeorgia Authority and supports the State's development strategy for rural development and regional cooperation. viii) For non-construction portions of a project, no similar studies, plans, documents or technical assistance have been produced or delivered in the last two years, and if they have, they have been used to the extent possible and/or are in need of updating or expanding. ix) Evidence demonstrating that the applicant has the experience and capacity to successfully implement the proposal.E)Regional Bonus (Maximum of 100 Points): Applications will be awarded regional bonus points and can receive larger grant amounts as described in Section 413-07-1-.09(1) based upon a project's demonstration of significant and quantifiable regional cooperation or impact using the criteria outlined below: i) "Regional Cooperation" (60 Points): The proposed project is a regional initiative that evidences either: a) significant multi-jurisdictional cooperation through ownership by a development authority comprised of multiple jurisdictions or two or more counties; or b) a revenue and cost sharing agreement or other intergovernmental agreement by two or more counties; orc) a revenue and cost sharing agreement or other intergovernmental agreement by multiple jurisdictions that results in regional impacts, benefits, or service delivery; and/orii) "Regional Impact" (40 Points): The proposed project will result in significant and quantifiable public benefit and impact in multiple rural counties. The benefits must meet or exceed one of the following thresholds: a) significant increase in the service quality, reliability and/or a reduction in costs for rural broadband customers; b) a substantial net increase in employment or employment opportunities (with BEST qualified jobs);c) a substantial net increase in the tax-base or opportunities for public revenue generation; or d) a substantial increase in educational opportunities, job training programs, workforce development or business incubation and development opportunities.The criteria in this rule (413-7-1-.08) are designed to assist OneGeorgia Authority in making a decision and only constitute minimum standards. Additional factors may be considered depending on the nature of a particular project and its relative merit compared to competing proposals and the availability of funding at the time of application. The decision made by the One Georgia Authority shall be final and conclusive.
Ga. Comp. R. & Regs. R. 413-7-1-.08
O.C.G.A. Sec. 50-34-1et seq.
Original grant description entitled "Review of Applications" submitted April 28, 2006.