(a) The Agency will publish a public notice of each application. The application must provide a summary of the information required for such public notice including all of the following information:
(1) The identity of the applicant;
(2) A map of each service area showing the rural area boundaries and the underserved areas using the Agency's Mapping Tool;
(3) The estimated number of underserved households in each service area;
(4) The estimated number of households without terrestrial-based broadband service in each service area; and
(5) A description of all the types of services that the applicant proposes to offer in each service area.
(b) The Agency will publish the public notice on an Agency webpage after the application has been received in the Agency's National Office. The notice will remain on the webpage for a period of 30 calendar days. The notice will ask existing service providers to submit to the Agency, within this 30-day period, the following information:
(1) The number of residential and business customers within the applicant's service area that are currently offered broadband service by the existing service provider;
(2) The number of residential and business customers within the applicant's service area currently purchasing the existing service provider's broadband service, the rates of data transmission being offered, and the cost of each level of broadband service charged by the existing service provider;
(3) The number of residential and business customers within the applicant's service area receiving the existing service provider's non-broadband services and the associated rates for these other services; and
(4) A map showing where the existing service provider's services coincide with the applicant's service area using the Agency's Mapping Tool.
(5) Whether the existing service provider is an existing RUS borrower or grantee.
(c) The Agency will use the information submitted to determine if the existing service provider will be classified as an incumbent service provider. If an existing service provider does not submit a response within the timeframe specified in the public notice, it will not be considered an incumbent service provider. However, all existing service providers will be considered in the Agency's feasibility study and lending decision.
(d) The Agency will determine whether the service areas included in the application are eligible for funding based on the information provided during the public notice period, whether all portions of the service area qualify as rural areas, and the number of incumbent service providers servicing any portion of the service area. If the applicant's funded service area is ineligible, the Agency will contact the applicant and require that those ineligible areas be removed from the funded service area. If the ineligible service areas are not removed from the funding request, the Agency will reject the application and remove it from the processing queue. The applicant will be notified, in writing, and the application will be returned with an explanation of the reasons for the rejection.
(e) The information submitted by an existing service provider will be treated as proprietary and confidential to the extent permitted under applicable law.