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Overview
In 2023, the National Telecommunications and Information Administration (NTIA) awarded MCA $272 million in Broadband Equity, Access, and Deployment (BEAD) funds. BEAD funding is designed to ensure all Maine people have access to high-speed and reliable internet. To accomplish this, MCA is leading a data collection effort called the State-Led Challenge Process (SLCP) which allows permissible challengers to file challenges against any of the underserved, unserved, and Community Anchor Institution (CAI) locations in Maine’s BEAD Initial Proposal. Fundamentally, challenges determine whether a location has internet speeds below 100/20 Mbps. Should this be the case, the location becomes eligible for BEAD funding.
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For more information about timing, head to the “Timeline & Milestones” unit.
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State Led Challenge Process: Deep Dive
The purpose of the BEAD Program is to strategically invest in broadband in geographic areas where there is currently no incentive for private investment (because of cost, geography, population density, or otherwise). To do this, the BEAD Program outlines two tiers of broadband serviceable locations (BSLs) where funding will be prioritized. For the State-Led Challenge Process, a BSL is defined as a business or residential location at which fixed broadband Internet access service is, or can be, installed.
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Unserved BSLs: Locations lacking reliable broadband service or with broadband service offering speeds below 25 megabits per second (Mbps) downstream/3 Mbps upstream at a latency of 100 milliseconds or less (less than 25/3 Mbps). ALL unserved locations in the state of Maine must be served before funding can be used to invest in underserved locations.
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Underserved BSLs: Locations that are identified as having access to reliable broadband service of at least 25 Mbps downstream/3 Mbps upstream but less than 100 Mbps downstream/20 Mbps upstream at a latency of 100 milliseconds or less (between 25/3 Mbps and 100/20 Mbps).
To conduct the State-Led Challenge Process, MCA is using NTIA’s Model Challenge Process with additional optional modules: area challenges, Multiple-Dwelling Unit (MDU) challenges, speed challenges (the Maine Speed Test). The State-Led Challenge Process will engage with permissible challengers to identify BSLs that are documented to have internet speeds less than 100/20 Mbps. MCA is not permitted to challenge location service levels ourselves, but rather we are required to collect, respond to, and adjudicate challenges from internet service providers (ISPs), nonprofit organizations, and local, regional, and Tribal governments in Maine. For more information about how a permissible challenger can access the portal and submit a challenge, head to both the “Becoming a Challenger” unit and the “Challenge Types” unit.
The Federal Communications Commission (FCC) Broadband Map is the starting point for determining locations that are eligible for BEAD Program funding. It is important to note that challenges made during the State-Led Challenge Process are only determining eligibility for BEAD funding. Whether they are accepted or not, they will not make permanent changes to the FCC National Broadband Map. For more information about the data inputs used to develop Maine’s baseline BEAD map, head to the “Creating the Baseline” unit.
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The Maine Speed Test is the mechanism for individuals to participate in the State-Led Challenge Process. Maine speed tests first started over 4 years ago through ConnectMaine and the Maine Broadband Coalition. To meet BEAD requirements, MCA will now host the speed test platform on our website. It is important to understand that in speed, area, and MDU challenges, the speed that is consistently possible at a location is what is being measured, not the service level to which the location subscribes. For more information about Maine Speed Tests, head to the “Maine Speed Test” unit and the “Challenge Types” unit.
Resources & Helpful Links
Roles within the State-Led Challenge Process
The Challenge Phase window has now closed , and the window to take the Maine Speed Test as part of the BEAD State-Led Challenge Process has closed. If you would still like to view challenges that were submitted as part of the Maine State-Led Challenge Process, follow the instructions in the "Submitting a Challenge" unit.
During the State-Led Challenge Process, only permissible challengers (nonprofit organizations, municipal, local and Tribal governments, and internet service providers) can submit challenges. However, individuals still have a role to play. We recognize that there are varying degrees of capacity that any one organization or individual has to get involved in this process, so we have outlined suggested action steps in the graphic below. For more information about these actions, continue reading the rest of this unit.
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Responsibilities for Becoming a Challenger
Through the State-Led Challenge Process, permissible challengers can file challenges against any of the underserved, unserved, and Community Anchor Institution (CAI) locations in Maine’s BEAD Initial Proposal. MCA is not permitted to challenge location service levels ourselves, but rather we are required to collect, respond to, and adjudicate challenges from internet service providers (ISPs), nonprofit organizations, and local, regional, and Tribal governments in Maine. Fundamentally, challenges determine whether a location has internet speeds below 100/20 Mbps.
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*A CostQuest License is required to file challenges directly through the Challenge Portal. We also recommend for outreach organizations to request and obtain a license so that you can view the challenges in VETRO, for no other reason than to stay informed of challenges throughout the state.
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Need more guidance?
For general outreach support, be sure to follow us on LinkedIn and Facebook and subscribe to MCA's regular newsletter by entering your email address in the form at the bottom of any webpage on our website.
Challenger Organizations
Permissible challengers include 501(c)(3) nonprofit organizations, Tribal, local, and municipal governments, and ISPs. There are two steps necessary to take in order for a permissible challenger to get access to Maine's Challenge Portal:
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Request and obtain a NTIA Tier D or Tier E license*.
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Fill out this form to provide MCA with contact information for the Challenge Portal. (If you already have access to VETRO, we will connect your current account to the Challenge Portal instance.)
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Internet Service Providers (ISPs)
ISPs can participate in the challenge process both as a permissible challenger and by refuting challenges during the Rebuttal Phase. MCA will launch a unit with specific details about Rebuttals when we are closer to that phase. ISPs who have not yet received a NTIA Tier D license* will need to do so to participate in both of these processes.
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Outreach Organizations
MCA will support nonprofits and local, municipal, and Tribal governments interested in conducting outreach or supporting education of this process through our partner groups including the Regional & Tribal Broadband Partners, the Digital Equity Taskforce, the Broadband Working Group, and through direct engagement with communities. For more information about how you can get involved in this way, email bead@maineconnectivity.org.
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Community Members
While individuals are not permissible challengers through the State-Led Challenge Process based on BEAD requirements set forth by the NTIA, individuals can still engage with this process through the Maine Speed Test. For more information, head to the “Maine Speed Test” unit.
Resources & Helpful Links
What is the Baseline?
This unit will likely be the most technical for many folks. It will cover what MCA's Maine Broadband Map is and how it used, how that interacts with and differs from our BEAD Eligibility Map, and how both use the Federal Communications Commission (FCC) National Broadband Map as a starting point. If you are particularly interested in the BEAD Eligibility Map (which is the map we are building through the State-Led Challenge Process), we suggest jumping down to the header titled, "BEAD Eligibility Map ". If you are interested in the data journey that gets us to an accurate map of BEAD eligible locations, we suggest reading this entire unit.
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Currently, MCA has a publicly available map depicting internet service in Maine on our website, what we call the "Public Viewer". This map incorporates several different inputs, pictured in the graphic below. Together, these inputs visualize MCA's source of truth.
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For both MCA's Maine Broadband Map, and our BEAD Eligibility Map, the FCC National Broadband Map is our starting point. This map draws data from individuals, organizations, internet service providers (ISPs), and CostQuest Associates (the FCC's mapping vendor). Location data and availability data connected to this map are updated every six months, alternating between location data and availability data. So, as the graphic shows, the location data was last updated in June 2023, and availability data followed in December 2023.
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Using the FCC National Broadband Map as our starting point, MCA then also overlays our known and confirmed projects for planned service. To-date, these have included projects that MCA has funded, including ConnectMaine-funded projects, and projects that have been identified through MCA's BIND Process. For more information about MCA's funded projects, check out our All-In Programs page.
The third data input that will help solidify our known universe of broadband deployment is the creation of the BEAD Eligibility Map and the State-Led Challenge Process. This process will ensure that MCA has the most accurate data to feed into Maine's map to be used for deploying BEAD funds (and any future federal and state funds).
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MCA's Maine Broadband Map
FCC National Broadband Map
The FCC National Broadband Map is the starting place for all states and territories within the BEAD Program. This map is made up of three data inputs:
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Broadband Serviceable Location Fabric, also known as "the Fabric", is a common data set of all residential and business locations in the U.S. where fixed broadband internet access service is or can be installed: Broadband Serviceable Locations (BSLs).
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Broadband Data Collection (BDC) is reported to the FCC by internet service providers every 6 months to provide updates as networks are built.
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FCC Data Challenges are location and availability challenges submitted to the FCC by individuals or organizations to add, remove, or update data not accurately captured in the Fabric or in BDC filings.
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It is critical to keep in mind that the State-Led Challenge Process will not directly update location or availability data on the FCC National Broadband Map. For example, if your home or business is not showing up on the FCC National Broadband Map, that cannot be fixed by the State-Led Challenge Process. In that case, you would still need to submit a location or availability challenge using the FCC National Broadband Map to have that designation changed. Use these instructions to submit a challenge to the FCC National Broadband Map.
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MCA utilized the BDC Version 3 data as of June 30, 2023, and last updated with availability data on December 12, 2023, from the FCC National Broadband Map as the baseline for the State-Led Challenge Process. That data was used to create the lists of unserved, underserved, and Community Anchor Institutions (CAI) locations in Maine, and published along with Maine's BEAD Initial Proposal, Volume 1. MCA then further refined this list of unserved, underserved, and CAI locations and published this new list ahead of the State-Led Challenge Process opening. Following approval of the Initial Proposal from the National Telecommunications and Information Administration (NTIA), MCA will open the State-Led Challenge Process where permissible challengers will either confirm or challenge locations on those lists, which will be used to develop the final map of BEAD eligible locations in Maine. To conduct the State-Led Challenge Process, MCA is using NTIA’s Model Challenge Process with additional optional modules: area challenges, Multiple-Dwelling Unit (MDU) challenges, speed challenges (the Maine Speed Test).
The final list of locations will be published following the Adjudication Phase of this process in June 2024.
With using the Version 3 data as our baseline, that means that we are working from one snapshot in time (as are all states and territories going through this process). And so, there are locations that might not make it onto the BEAD Eligibility Map because they didn't exist on the FCC National Broadband Map by June 2023, or their availability data wasn't updated prior to December 2023. ​That being said, there are still opportunities for locations to get served through BEAD-funded projects or by the networks being built using BEAD funds. In many cases, it's just going to make sense for internet service providers to pick up additional locations on their way to unserved and underserved locations. While locations that are not deemed to be unserved or underserved through the BEAD Program will not be funded using BEAD dollars, having pieces of towns or regions built out with BEAD-funded infrastructure will continue to incentivize private investment beyond the BEAD Program timeline and allocated resources. Additionally, the BEAD Program does include provisions for up to 20% of locations considered "served" to be included in BEAD-funded projects.
BEAD Eligibility Map
Resources & Helpful Links
The window has now closed to take the Maine Speed Test as part of the BEAD State-Led Challenge Process. An updated map with BEAD eligible locations will be made available on our BEAD page later this summer. We still encourage individuals to continue taking the Maine Speed Test for consideration broadly in future MCA investments.
Even if you’ve participated in a speed test before, the landscape has changed. In the past few years, there have been millions of dollars invested in Maine’s infrastructure and technology capabilities. Together, we can ensure funding goes to the areas in Maine where it’s most needed.
Understanding Speed Tests
A speed test measures how fast your internet connection is at a given point in time. Internet service providers (ISPs) offer plans that advertise certain maximum connection speeds, but for many reasons, advertised connection speeds may not always reflect reality. A speed test confirms how fast your connection really is.
Speed is measured in Megabits per second (Mbps), and features two numbers: a download and upload speed. Download speed is how fast an individual connection can pull data from a server. It’s designed to be faster since the majority of internet usage consists of downloading data (i.e. video games and streaming services). Upload speed is how fast you can send data to others (i.e. attaching an original photo to an email or participating in a video call).
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Since 2020, Maine people have conducted over 46,000 speed tests. Between those results and public engagement in the Broadband Action Plan, it’s clear that speeds experienced by internet users in Maine don’t always meet publicly advertised speeds.
The Maine Speed Test for the State-Led Challenge Process
While speed tests provide an avenue for individuals to participate in the challenge process, the BEAD requirements for this process are quite strict. If the user can meet the requirements and is willing to share their personally identifiable information, this can put a lot of power in the hands of a single individual to challenge their broadband serviceable location.
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Based on BEAD requirements, someone taking speed tests for use in the State-Led Challenge Process has to take 3 speed tests on 3 different days, although the days do not have to be concurrent. This is so we understand the internet speed that is consistently possible at a location, not the speed that is sometimes experienced. After you complete the first speed test, you will get email reminders to complete the required second and third speed test. After May 26, all speed test data collected in Maine will be aggregated and submitted to MCA for review, and if substantiated, submitted as a speed challenge on behalf of that individual.
And again, because the purpose of the BEAD Program is to serve locations with <25/3 Mbps "unserved locations" or with <100/20 Mbps but >25/3 Mbps "underserved locations", that is also what we are looking to identify through the Maine Speed Test. If you already fall into one of these categories based on the service availability of your home or business on the FCC National Broadband Map, if it not necessary to take speed tests. However, if you are subscribed to speeds of 100/100 Mbps, but consistently experiences 25/3 Mbps (a much slower speed), MCA wants to hear about it.
Each speed test measurement must include:​
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The median of the three tests is used to trigger a speed-based (S) challenge for either upload or download speeds. For example, if a location claims a broadband speed of 100/25 Mbps and the three speed test result in download speed measurements of 105, 102 and 98 Mbps and three upload speed measurements of 18, 26 and 17 Mbps, the speed tests qualify the location for a challenge, since the median upload speed of 18 Mbps marks the location as “underserved”.
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Time and date of the speed test (automatically captured through the Maine Speed Test).
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Provider-assigned IP address of the residential gateway (automatically captured through the Maine Speed Test).
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The customer’s name and street address.
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Documentation of the speed tier to which the customer subscribes.
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An agreement that grants access to the information above to MCA, any contractors supporting the process, and the service provider being challenged against.
Resources & Helpful Links
Overview
To conduct the State-Led Challenge Process, MCA is using NTIA’s Model Challenge Process and three optional modules: speed tests, area challenges, and Multiple Dwelling Unit (MDU) challenges. This unit is particularly technical based on the nature of this process and the topics being described. Much of this information is outlined in greater detail in Maine’s BEAD Initial Proposal, Volume 1 (page 10) and the MCA staff is always available for any questions via email at bead@maineconnectivity.org.
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Generally speaking, the following challenge types will apply to the following permissible challengers and to individuals:
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Individuals: S & L (through the Maine Speed Test only)
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Nonprofit organizations: A, S, L, D, B, C, R
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Local, municipal, and Tribal governments: A, S, L, D, B, C, R
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ISPs: A, S, L, D, T, B, E, P, N
NEW: MCA has requested an amendment to our BEAD Initial Proposal to push back the dates for challenges
P (Planned Service) from June 30, 2024 to December 31, 2024 to account for the full build season this year. Please use December 31 as the end date for these two challenge types.
Challenge Types Deep Dive
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Availability: An availability challenge refers to broadband service identified as being not offered at the location, including a unit of a multiple dwelling unit (MDU). This challenge type includes both the network technology and maximum advertised download and upload speed reported by the provider. This challenge can be evidenced by, for example, a screenshot of a provider webpage, a refused service request by a provider, or a lack of suitable infrastructure.
Speed* (Bandwidth): A speed challenge refers to a scenario where the actual speed of the service tier falls below the unserved or underserved thresholds (<25/3Mbps, and >25/3Mbps but <100/20Mbps, respectively). This challenge is evidenced by conducting the Maine Speed Test, and sharing a screenshot or other documentation supporting that data. The key word in this challenge description is “service tier” - what is being measured is the speed that is consistently possible at a location, not a speed that is sometimes experienced or the level of service someone is subscribed to. For example, if it is possible for a location to receive service at 100/100 Mbps, but the service tier that is being subscribed to is 25/3 Mbps, that is not an eligible speed challenge. However, if a provider is advertising that a location can receive 100/100 Mbps, and that location consistently experiences 25/3 Mbps despite being subscribed to a 100/100 Mbps plan, that is an eligible speed challenge.
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Latency*: A latency challenge refers to a scenario where the round-trip latency of broadband service exceeds 100 ms. Where the speed in the prior challenge is referring to bandwidth, or the speed at which information can be downloaded and uploaded, latency refers to the speed at which information can travel from the source to the location, and back. This challenge is evidenced by conducting the Maine Speed Test, and sharing a screenshot or other documentation supporting that data. Similar to a speed challenge, a latency challenge is only applicable to locations where the latency experienced is consistently less than that the latency advertised, by service tier.
Data Cap: A data cap challenge refers to a scenario where the only service plans marketed to consumers impose an unreasonable capacity allowance (“data cap”) on the consumer. This challenge is evidenced by sharing a screenshot or other documentation supporting that data.
Technology: A technology challenge refers to a scenario where the technology indicated for this location is incorrect. This challenge is evidenced by the manufacturer and model number of residential gateway (CPE) that demonstrates the service is delivered via a specific technology.
Business Service Only: A business service only challenge refers to a scenario where the location is residential, but the service offered is marketed or available only to businesses. This challenge is evidenced by sharing a screenshot or other documentation supporting that data.
Enforceable Commitment: An enforceable commitment challenge refers to a scenario where the challenger has knowledge that broadband will be deployed at this location by the date established in the deployment obligation. This challenge is evidenced by an enforceable commitment by the service provider (e.g., authorization letter). In the case of Tribal Lands, the challenger must submit the requisite legally binding agreement between the relevant Tribal Government and the service provider for the location(s) at issue.
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Planned Service: A planned service challenge refers to a scenario where the challenger has knowledge that broadband will be deployed at this location by December 31, 2024 (without an enforceable commitment) or a provider is building out broadband with performance beyond the requirements of an enforceable commitment. This challenge is evidenced by construction contracts or similar evidence of ongoing deployment, along with evidence that all necessary permits have been applied for or obtained. Contracts or a similar binding agreement between the Eligible Entity and the provider committing that planned service will meet the BEAD definition and requirements of reliable and qualifying broadband even if not required by its funding source (i.e., a separate federal grant program), including the expected date deployment will be completed, which must be on or before December 31, 2024.
Not part of an enforceable commitment: A not part of an enforceable commitment challenge refers to a scenario where this location is in an area subject to an enforceable commitment to less than 100% of locations, and that commitment does not cover the location. This challenge is evidenced by a declaration from the service provider subject to the enforceable commitment.
Location is a CAI: A location is a CAI challenge refers to a scenario where the location should be classified as a CAI. This challenge is evidenced by the fact that the location falls within the definitions of CAIs set by Maine. MCA’s definition of a CAI began with the definition 47 USC 1702 (a)(2)(E): An entity such as a school, library, health clinic, health center, hospital or other medical provider, public safety entity, institution of higher education, public housing organization (including any public housing agency, HUD-assisted housing organization, or Tribal housing organization), or community support organization that facilitates greater use of broadband service by vulnerable populations, including low-income individuals, unemployed individuals, and aged individuals. MCA opted to add the following institution types to this statutory definition as community support organizations:
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Government facilities (meaning local, state, federal or Tribal government buildings that facilitate greater use of broadband service by vulnerable populations, including low-income individuals, unemployed individuals, and aged individuals)
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Correctional Facilities and Juvenile Detention Centers
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Public Access Television Station Facilities
Location is not a CAI: A location is not a CAI refers to a scenario where the location is currently labeled as a CAI but is a residence, a non-CAI business, or is no longer in operation. This challenge is evidenced by the fact that the location does not fall within the definitions of CAIs set by Maine or is no longer in operation.
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The following challenge types are allowable by MCA during Maine’s State-Led Challenge Process, as outlined by the BEAD Program.
*While all other challenge types need to be submitted by a permissible challenger through Maine’s State-Led Challenge Process portal, the only action step for speed and latency challenges is for individuals to accurately complete the Maine Speed Test. This data will then be aggregated and submitted on behalf of individuals to MCA.
MCA will also administer area and MDU challenges for challenge types A, S, L, D, and T. An area challenge occurs for Availability, Speed, Latency, Data Caps and Technology challenges if a defined number of challenges** for a particular category, across all challengers, have been submitted. During the rebuttal period of the State-Led Challenge Process, the provider receiving an area challenge or MDU must demonstrate that they are indeed meeting the availability, speed, latency, data cap, and technology requirements, respectively, for all (served) locations within the area or all units within an MDU.
**An area challenge is triggered if six or more broadband serviceable locations using a particular technology and a single provider within a Census Block Group are challenged. For more information about the pre-challenge modifications, please refer to Maine’s BEAD Initial Proposal, Volume 1 (page 10).
For instructions on how to submit a challenge in MCA’s portal, head to the “How to Submit a Challenge” unit.
Resources & Helpful Links
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Challenge Types PDF
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Challenge Type Google File
Accessing Maine's Challenge Portal
The Challenge Phase window has now closed , and the window to take the Maine Speed Test as part of the BEAD State-Led Challenge Process has closed. If you would still like to view challenges that were submitted as part of the Maine State-Led Challenge Process, follow the instructions below.
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Permissible challengers will submit challenges using Maine's State-Led Challenge Process Portal, hosted on VETRO FiberMap. Permissible challengers include ISPs, 501(c)(3) nonprofit organizations, and Tribal, local, and municipal governments. Permissible challengers must take two actions to gain access to the Challenge Portal:
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Request and obtain a NTIA Tier D or NTIA Tier E license.
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Fill out this form to provide MCA with your contact information. I(f you already have access to VETRO, we will connect your current account to the Challenge Portal instance. Please indicate so in the form.)
Once you complete the two steps outlined above, you will receive an email from MCA with login information for the Challenge Portal. Please allow 24 to 36 hours for MCA to provide you with this login. There are no limits to the number of people at your organization that can access the portal, and no geographical restrictions to where you can submit challenges across the state. Once you log in to the Challenge Portal, you will see a pop-up with some preliminary information and instructions. (Please note that VETRO FiberMap works best using Google Chrome as your browser.) If you experience login/technical issues, please contact VETRO support at support@vetrofibermap.com.
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Challenges involve a 3-step process. Challengers will need to: (1) identify which location(s) for which they are submitting a challenge, (2) fill out a brief form in the Portal, then (3) submit evidence to establish the challenge. For bulk challenges, only 50 locations can be selected per challenge.
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The Challenge Portal will only display Broadband Serviceable Locations (BSLs) that can be found in the Fabric and the FCC National Broadband Map. Again, the State-Led Challenge Process is to confirm if locations have <100/20 Mbps and are therefore eligible for BEAD funding. If a location does not exist in the challenge portal, you will not be able to challenge it in this process. Instead, you will need to challenge the location on the FCC National Broadband Map. For more information about how to do that, head to the "Creating the Baseline" unit.
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Challenge Phase
During the Challenge Phase, MCA's challenge portal will be open for submissions by permissible challengers who have met BEAD Program requirements. For more information about these requirements, head to the "Becoming a Challenger" unit. Challengers will have 25 calendar days to submit a challenge from when the challenge portal opens (from April 26 - May 31, 2024). MCA also opted to include the optional module for speed tests in our process. The Maine Speed Test will collect data prior to the challenge portal launching and will remain open throughout the Challenge Phase (from April 19 - May 31, 2024).
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The Challenge Phase window has now closed , and the window to take the Maine Speed Test as part of the BEAD State-Led Challenge Process has closed. An updated map with BEAD eligible locations will be made available on our BEAD page later this summer. We still encourage individuals to continue taking the Maine Speed Test for consideration broadly in future MCA investments.
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For ISPs submitting challenges in your network
For internet service providers (ISPs) challenging their own network based on pre-modifications of the FCC National Broadband Map (e.g., a provider wants to submit a challenge against a location on the speeds or technology attributed to their network), the evidence required from the provider will follow the Rebuttal Phase evidence to substantiate a challenge of this type. Where a provider submits a challenge against the attributes of their own network, there is no permissible challenger who would submit rebuttal evidence. Therefore, the provider is submitting their challenge against either the FCC National Broadband Map (where they filed data) or against the State’s pre-modifications of the National Broadband Map. In either of these cases, MCA will adjudicate based on the evidence submitted by the provider.
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Rebuttal Phase
Any challenge made during the Challenge Phase can be sustained or rebutted. A challenge is sustained if that challenge that meets the minimum level of evidence and/or is not rebutted. An internet service provider may also agree with the challenge thereby sustaining it. Following the Challenge Phase, MCA conducted a location analysis and substantiated challenges that were submitted. This is not adjudication, but a time to verify that each challenge was submitted properly and has relevant evidence attached to it. MCA will then aggregate substantiated challenges organized by provider, and share a .csv with providers via email from bead@maineconnectivity.org and through the Rebuttal Portal.
The Rebuttal Portal will be made available to providers with substantiated challenges made against them, and public organizations that have received their Tier E license.. All challenged locations will remain visible to anyone with access to the Challenge Portal. Instructions on how to submit rebuttals have been added to the FAQ and Portal User Instruction document.
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Similar to the Challenge Phase, providers will have 25 calendar days to provide rebuttal information to MCA in the Rebuttal Portal (from June 7 - July 2, 2024). The rebuttal period begins once the provider is notified of the challenges and receives access to the Rebuttal Portal by MCA via email.
Rebuttals by Nonprofit organizations and local, municipal, and Tribal governments
For challenges related to location eligibility, only the challenged ISP may rebut the reclassification of a location or area with evidence. If a provider claims Gigabit service availability for a CAI or a unit of local government disputes the CAI status of a location, the CAI may rebut. All types of challengers may rebut planned service (P) and enforceable commitment (E) challenges.
Adjudication and Final Determination Phase
During the Final Determination phase, MCA will make the final determination of the location's classification, declaring the challenge “sustained” or “rejected.” Similar to both previous phases, MCA will make a final challenge determinations within 25 calendar days of the challenge rebuttal (from July 8 - August 2). Reviews will occur on a rolling basis as challenges and rebuttals are received. MCA will receive specific guidance from the NTIA about how exactly to determine whether a challenge should be sustained or rejected. A final list of BEAD eligible locations in Maine will be published on MCA's website in August 2024.
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Submitting a Challenge
On May 2, MCA hosted an info session to demo the Maine Speed Test and Challenge Portal for permissible challengers. The recoding is available below.​
Resources & Helpful Links
Timeline & Milestones
To conduct the State-Led Challenge Process, MCA is using the National Telecommunication and Information Administration (NTIA)’s Model Challenge Process which includes specific requirements for timing and milestones. At a high-level, the challenge process can be broken down into three phases: Submissions, Rebuttals, and Adjudication. In total, MCA has approximately 90 days to complete these three phases, each of which have their own review period by MCA staff. For example, after the submission phase, MCA will have a few days to review all submitted challenges, aggregate them, and turn them around to ISPs participating in the rebuttal phase.
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Publication of Eligible Locations
MCA published the lists of unserved, underserved, and Community Anchor Institutions (CAI) locations in Maine with Maine's BEAD Initial Proposal, Volume 1. MCA then further refined this list of unserved, underserved, and CAI locations and published this new list ahead of the State-Led Challenge Process opening. Following approval of the Initial Proposal from the NTIA, MCA will open the State-Led Challenge Process where permissible challengers will either confirm or challenge locations on those lists, which will be used to develop the final map of BEAD eligible locations in Maine. The timing of the challenge process is outlined below. For more information about the mechanics of this process, head to the "Becoming a Challenger" unit.
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Challenge Phase
During the Challenge Phase, MCA's challenge portal will be open for submissions by permissible challengers who have met BEAD Program requirements. For more information about these requirements, head to the "Becoming a Challenger" unit. Challengers will have 25 calendar days to submit a challenge from when the challenge portal opens (from April 26 - May 31, 2024). MCA also opted to include the optional module for speed tests in our process. The Maine Speed Test will collect data prior to the challenge portal launching and will remain open throughout the Challenge Phase (from April 19 - May 31, 2024).
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The Challenge Phase window has now closed , and the window to take the Maine Speed Test as part of the BEAD State-Led Challenge Process. An updated map with BEAD eligible locations will be made available on our BEAD page later this summer. We still encourage individuals to continue taking the Maine Speed Test for consideration broadly in future MCA investments.
Rebuttal Phase
Any challenge made during the Challenge Phase can be sustained or rebutted. A challenge is sustained if that challenge that meets the minimum level of evidence and/or is not rebutted. An internet service provider may also agree with the challenge thereby sustaining it. Following the Challenge Phase, MCA conducted a location analysis and substantiated challenges that were submitted. This is not adjudication, but a time to verify that each challenge was submitted properly and has relevant evidence attached to it. MCA will then aggregate substantiated challenges organized by provider, and share a .csv with providers via email from bead@maineconnectivity.org and through the Rebuttal Portal.
The Rebuttal Portal will be made available to providers with substantiated challenges made against them, and public organizations that have received their Tier E license. All challenged locations will remain visible to anyone with access to the Challenge Portal. Instructions on how to submit rebuttals have been added to the FAQ and Portal User Instruction document.
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Similar to the Challenge Phase, providers will have 25 calendar days to provide rebuttal information to MCA in the Rebuttal Portal (from June 7 - July 2, 2024). The rebuttal period begins once the provider is notified of the challenges and receives access to the Rebuttal Portal by MCA via email.
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Adjudication and Final Determination Phase
During the Final Determination phase, MCA will make the final determination of the location's classification, declaring the challenge “sustained” or “rejected.” Similar to both previous phases, MCA will make a final challenge determinations within 25 calendar days of the challenge rebuttal (from July 8 - August 2, 2024). Reviews will occur on a rolling basis as challenges and rebuttals are received.
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Of the 17,000 external challenges that were submitted by non-profits and ISPs during Maine's BEAD State-Led Challenge Process, 28 ultimately received rebuttal evidence and required adjudication. Of the 28 rebuttals received, 6 resulted in the reversal of challenges submitted. The decision-making criteria which was used to make these determinations is outlined in the Adjudication Standard Operating Procedures.
On September 9, 2024 MCA published the results of the State-Led Challenge Process adjudication, including the draft BEAD eligible locations. These should be considered draft until NTIA approval. These draft BEAD eligible locations will be use to develop draft Project Service Areas (PSAs). Learn more in our Resource Exchange module on the BEAD Subgrantee Selection Process. Learn more in our Resource Exchange module on the Subgrantee Selection Process.
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Resources & Helpful Links
Overview
The State-Led Challenge Process module has 7 units listed below and accessed via the tabs above.
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Unit 1 - The State-Led Challenge Process
Unit 2 - Creating the Baseline
Unit 3 - Timeline & Milestones (Challenges, Reviews, Adjudication, and Beyond)
Unit 4 - Challenge Types
Unit 5 - Becoming a Challenger (Roles and Requirements)
Unit 6 - Submitting a Challenge
Unit 7 - Maine Speed Test
When you select a unit using the tabs, the tab will change from dark blue to orange. The orange tab indicates the unit you are currently reading. Right now, the orange tab reads START HERE.
At the bottom of each unit there is a button to return to the top of the page as well as additional resources and links for further reading.
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The units do not need to be read in order, but we do recommend starting with the Overview. To the right are suggested pathways depending on who is using this module.
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While this module specifically focuses on the State-Led Challenge Process, you can click here for more information on the BEAD program as a whole.