Sec. 5. Grant requirements
827 words·~4 min read·
/bill/117/s/4763/is/section-5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Assistant Secretary shall assess applications for GRID broadband grants on a competitive basis. The Assistant Secretary shall include in the application process established under section 4(b)(1) a requirement that an eligible entity can demonstrate that the entity— is capable of carrying out a proposed project in a competent manner, including by demonstrating that the entity has the financial, technical, and operational capability to— carry out the proposed project consistent with the proposed milestones and budget; and ensure the long-term operation and maintenance of the resulting fiber optics facilities, including middle mile broadband infrastructure; and has the capability to enter into interconnection agreements with last mile providers to provide broadband service.
Any applicant for a GRID broadband grant shall disclose the applicant’s proposed interconnection, nondiscrimination, and network management practices. Subject to subsection (e), to be eligible to obtain a GRID broadband grant, an eligible entity shall agree, in the application submitted through the process established under section 4(b)(1), to complete buildout of the middle mile infrastructure described in the application by not later than 3 years after the date on which amounts from the grant are made available to the entity.
The Assistant Secretary shall establish interim buildout requirements with milestones for reporting for each eligible entity that receives a GRID broadband grant. At the request of an eligible entity, the Assistant Secretary may extend the buildout deadline under subsection
(d)and modify any interim buildout requirements established under subsection
(e)as necessary, if the eligible entity certifies that— the project to build out middle mile infrastructure is underway; and extenuating circumstances require an extension of time to allow completion of the project. The Assistant Secretary may, in addition to other authority under applicable law, and as defined in advance by the Assistant Secretary— deobligate awards to recipients of GRID broadband grants that demonstrate an insufficient level of performance, or wasteful or fraudulent spending; and competitively award funds deobligated under paragraph
(1)to new or existing (as of the time of the deobligation) applicants for GRID broadband grants consistent with this Act. The Assistant Secretary may, in addition to other authority under applicable law, and as defined in advance by the Assistant Secretary, establish a penalty regime, which may include rescission of funds, for recipients of GRID broadband grants that do not meet the requirements of this Act. Except as provided in paragraphs
(2)and (3), an application for a GRID broadband grant shall demonstrate the ability to provide supplemental investments or in-kind support valued at not less than 50 percent of the amount of the proposed grant. Paragraph
(1)shall be applied by substituting 20 percent for 50 percent if the applicant— is a Federal power marketing administration; is a Native entity; or qualifies under subsection
(j)or (k). Paragraph
(1)shall not apply if an applicant petitions the Assistant Secretary for a waiver and the Assistant Secretary determines that the petition demonstrates financial need or meets another public interest. If a recipient of a GRID broadband grant is a rural or municipal utility, or an electric utility owned or operated by a Native entity, seeking to provide broadband service that is affordable and accessible to unserved locations and underserved locations in a rural and remote area, the recipient may use a portion of the grant funds to support construction of last mile broadband infrastructure, by the recipient or in partnership with a last mile provider, to meet market demand in that area. Notwithstanding section 4(f), if a recipient of a GRID broadband grant is a rural or municipal utility, or an electric utility owned or operated by a Native entity, seeking to provide broadband service that is affordable and accessible to populations in urban areas where it has been shown that cost is a barrier to internet connectivity, the recipient may use a portion of the grant funds to support construction of last mile broadband infrastructure, by the recipient or in partnership with a last mile provider, to meet market demand in that area. The Assistant Secretary— shall establish appropriate mechanisms to ensure appropriate use of funds made available under this section; and may, in addition to other authority under applicable law— deobligate grant funds awarded to an eligible entity that— is unable to fulfill the requirements of subsection (b); or demonstrates an insufficient level of performance, or wasteful or fraudulent spending, as defined in advance by the Assistant Secretary; and award grant funds that are deobligated under subparagraph
(A)to new or existing applicants consistent with this section. The Assistant Secretary may issue such regulations or other guidance, forms, instructions, or publications as may be necessary or appropriate to carry out the programs, projects, or activities authorized under this Act, including to ensure that such programs, projects, or activities are completed in a timely and effective manner. Nothing in this Act may be construed to authorize the Assistant Secretary or the National Telecommunications and Information Administration to regulate the rates charged for broadband service.