The West Virginia Department of Economic Development, Office of Broadband, (“WVDED”), is pleased to announce NTIA’s approval of the West Virginia BEAD Challenge Process. The Challenge Process provided stakeholders in West Virginia with an opportunity to dispute the level of internet service reported on the FCC’s National Broadband Map available at a given location within the State. The BEAD Challenge Process allowed for several types of challenges covering the different BEAD eligibility details of individual Broadband Serviceable Locations (BSLs). These are detailed in the BEAD Challenge Process Instructions on the WVDED website. The results of the challenge process determine which locations are eligible for funding under the BEAD Deployment Program.
In WVDED’s Initial Proposal Volume 2, there were 732,442 locations classified as fully served (having service equal to or greater than 100mbps download/20mbps upload) or part of previously state or federally funded project areas that established an enforceable funding commitment. 27,631 locations were classified as underserved (having service greater than 25mbps download/3mbps upload but less than 100mbps download/20mbps upload); 130,334 locations were classified as unserved (having service less than 25mbps download/3mbps upload). 2,349 Community Anchor Institutions were identified as having access to speeds less than 1 Gbps/1 Gbps service.
The Challenge Process included a Challenge Phase that opened on February 10, 2024 and ran until March 10, 2024. Challengers were required to submit a minimum level of evidence to support the challenger’s claim. Participants in the Challenge Phase of the Challenge Process included 12 internet service providers and 2 nonprofit organizations. Collectively, they filed 80,739 challenges to BSLs.
Challenges that, if successful, would change a location’s eligibility status were then subject to a Rebuttal Phase. The Rebuttal Phase, which opened March 11, 2024, and closed April 13, 2024, allowed challenged providers and other eligible organizations the opportunity to provide evidence refuting the challenge claim. Two Rebuttals were filed in response to challenges.
Following the Rebuttal Phase, WVDED entered the Final Determination Phase, from April 13, 2024, to April 24, 2024, and reviewed the evidence for each challenge, including the evidence from any rebuttals, and made a final determination to “sustain” or “reject” each challenge.
Below is a summary of the challenges and approval rates
- Challengers submitted 3,953 existing service challenges; WVDED approved 3,889.
- Challengers submitted 76,765 planned service challenges; WVDED approved 65,649.
- Challengers submitted 18 availability challenges; WVDED approved 3.
- Challengers submitted 3 business service only challenges; WVDED approved 0.
- Challengers submitted 224 location is a CAI challenges; WVDED approved 2.
- Challengers submitted 112 qualifying broadband available challenges; WVDED approved 110.
West Virginia adopted a pre-challenge modification to treat 11,890 locations served via digital subscriber line (DSL) as underserved to facilitate the phase-out of legacy copper facilities. West Virginia also reported 211,621 locations served by an enforceable commitment.
Following WVDED’s final determination phase, 788,486 locations are classified as fully served for the BEAD program. 14,876 locations are classified as underserved for the BEAD program. 97,046 locations are classified as unserved for the BEAD program. 2,351 CAIs are classified as eligible for the BEAD program.
Consistent with the BEAD NOFO on Page 35, the WVDED is compliant with the following language:
After resolving each challenge and at least 60 days before allocating grant funds for network deployment, an Eligible Entity must provide public notice of the final classification of each unserved location, underserved location, or Eligible Community Anchor Institution within the jurisdiction of the Eligible Entity. An Eligible Entity must also notify NTIA of any modifications to the Initial Proposal that are necessitated by successful challenges to its initial determinations.
The final list of locations with assigned serviceability classifications is available on broadband.wv.gov. The locations are provided in two separate CSV files:
- postchallengelocations: Contains the final list of locations with classifications of 0 (unserved), 1 (underserved), and 2 (served).
- postchallengeCAI: Contains the final list of CAI locations eligible for BEAD funding.
The map below demonstrates BEAD Eligibility across West Virginia. An interactive dashboard will be available soon.
Applicants that participated in the BEAD Pre-Application process will receive a letter with instructions on next steps regarding the BEAD program.