§950aaa–3. Provisions relevant to telecommunications programs

(a) Administration

The Secretary shall be responsible for the administration of this chapter.

(b) Rulemaking

Not later than 160 days after November 28, 1990, the Secretary shall promulgate final regulations, under the notice and comment rulemaking requirements described in section 553 of title 5 that establish the telecommunications programs authorized in this chapter.

(c) Priority

The Secretary shall establish procedures to target the benefits of this chapter to the rural areas and grant applicants that demonstrate the need for such assistance, taking into consideration the relative needs of all applicants, the needs of the affected rural communities, and the financial ability of the applicants to otherwise secure or create telecommunications systems.

(d) Waivers

If the Secretary determines that a compelling need is present, the Secretary may modify any of the definitions in section 950aaa–2 of this title.

(e) Expediting coordinated telephone loans

The Secretary shall establish and implement procedures to ensure that expedited consideration and determination is given to applications for loans and advances of funds submitted by local exchange carriers under this chapter-

(1) to enable such exchange carriers to provide advanced telecommunications services in rural areas; and

(2) that contain elements of any telecommunications project approved by the Secretary under this chapter that will be completed by such local telephone exchange carriers but that is not covered by any grant made under this chapter.

(f) Grant approval process

(1) Modifications

The Secretary may request modifications or changes in any proposal described in a grant application submitted under this chapter.

(2) Levels of funding

(A) In general

The Secretary may offer to fund grant applications under this chapter at any levels that the Secretary considers appropriate but not exceeding any percentage levels described in this chapter.

(B) Considerations

After taking into consideration the nationwide demands for grant assistance and the costs and benefits of any proposed purchases or leases of telecommunications transmission facilities, telecommunications terminal equipment, computer network components, and other equipment or facilities, the Secretary shall make grants based on-

(i) the worthiness of the application;

(ii) the financial needs of the applicant;

(iii) the need of the affected rural communities for the proposed projects; and

(iv) other factors determined appropriate by the Secretary.

(g) Joint use of telecommunications transmissions facilities

In issuing regulations implementing this chapter, and in requesting changes in, or approving applications for grants, the Secretary shall give a priority, to the extent reasonable and appropriate, to provide funding for such facilities that can be jointly shared by projects established under this chapter.

(h) Expedited loans for telephone transmission facilities

(1) In general

Grants to cover the costs of installing telecommunication transmission facilities shall not be provided to approved end users if the local telephone exchange carrier providing telephone service, as defined in section 924(a) of this title, will install such facilities through the use of expedited telephone loans as described in subsection (e) of this section under the conditions and deadlines described in this section or through other financing procedures.

(2) Notification of local exchange carrier

Each applicant for a grant for a rural telecommunications program established under this chapter shall notify the appropriate local telephone exchange carrier regarding the application filed with the Secretary for such grant and shall attempt to work with such carrier in developing the rural telecommunications project. The Secretary shall publish notice of applications received for grants under this chapter for rural telecommunications programs and shall make such applications available for inspection by any provider described in section 950aaa–2(2)(F) of this title.

(3) Deadline imposed on Secretary

Not later than 45 days after the receipt of a completed application for an expedited telephone loan, the Secretary shall respond to the application. The Secretary shall notify the applicant in writing of its decision regarding each such expedited loan application.

( Pub. L. 101–624, title XXIII, §2334, Nov. 28, 1990, 104 Stat. 4019 ; Pub. L. 103–354, title II, §235(b)(4)(B), (C), Oct. 13, 1994, 108 Stat. 3221 , 3222.)

Termination of Section

For termination of section by section 1(b) of Pub. L. 102–551, see Termination of Chapter note set out under section 950aaa of this title.

Amendments

1994-Pub. L. 103–354 substituted "Secretary" for "Administrator" wherever appearing and "section 950aaa–2(2)(F)" for "section 950aaa–2(3)(F)" in subsec. (h)(2).

Section Referred to in Other Sections

This section is referred to in sections 950aaa–2, 950aaa–4 of this title.