Sec. 6104. Smart utility authority for broadband
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Section 331 of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1981 ) is amended by adding at the end the following: Except as provided in paragraph (2), the Secretary may allow a recipient of a grant, loan, or loan guarantee provided by the Office of Rural Development under this title to use not more than 10 percent of the amount so provided— for any activity for which assistance may be provided under section 601 of the Rural Electrification Act of 1936; or to construct other broadband infrastructure. Paragraph
(1)of this subsection shall not apply to a recipient who is seeking to provide retail broadband service in any area where retail broadband service is available at the minimum broadband speeds, as defined under section 601(e) of the Rural Electrification Act of 1936. . Title I of the Rural Electrification Act of 1936 ( 7 U.S.C. 901–918a ) is amended by inserting after section 7 the following: Subject to subsections
(b)and
(c)of this section, the Secretary may allow a recipient of a grant, loan, or loan guarantee under this title to set aside not more than 10 percent of the amount so received to provide retail broadband service. A recipient who sets aside funds under subsection
(a)of this section may use the funds only in an area that is not being provided with the minimum acceptable level of broadband service established under section 601(e), unless the recipient meets the requirements of section 601(d). Nothing in this section shall be construed to limit the ability of any borrower to finance or deploy services authorized under this title. .
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- 7 USC 901–918a
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