The authorities provided by each provision of, and each amendment made by, Pub. L. 115–334, as in effect on
The authorities provided by each provision of, and each amendment made by, Pub. L. 110–246, as in effect on
Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
2018—Subsec. (a). Pub. L. 115–334, § 6201(1), substituted “provide grants, provide loans, and provide loan guarantees” for “provide loans and loan guarantees”.
Subsec. (b)(3)(A)(ii). Pub. L. 115–334, § 6201(2), inserted “in the case of a grant or direct loan,” before “a city”.
Subsec. (b)(3)(C). Pub. L. 115–334, § 6301(b), added subpar. (C).
Subsec. (c). Pub. L. 115–334, § 6201(3)(A), substituted “Grants, loans, and” for “Loans and” in heading.
Subsec. (c)(1). Pub. L. 115–334, § 6201(3)(B), substituted “shall make grants, shall make loans, and shall guarantee loans” for “shall make or guarantee loans”.
Subsec. (c)(2) to (4). Pub. L. 115–334, § 6201(3)(C), added pars. (2) to (4) and struck out former par. (2) which related to priority in making loans or loan guarantees.
Subsec. (d)(1)(A). Pub. L. 115–334, § 6201(4)(A)(i)(I), substituted “grant, loan, or” for “loan or” in introductory provisions.
Subsec. (d)(1)(A)(i). Pub. L. 115–334, § 6201(4)(A)(i)(II), added cl. (i) and struck out former cl. (i) which read as follows: “demonstrate the ability to furnish, improve in order to meet the minimum acceptable level of broadband service established under subsection (e), or extend broadband service to all or part of an unserved rural area or an area below the minimum acceptable level of broadband service established under subsection (e);”.
Subsec. (d)(1)(A)(ii). Pub. L. 115–334, § 6201(4)(A)(i)(III), substituted “an application” for “a loan application”.
Subsec. (d)(1)(A)(iii). Pub. L. 115–334, § 6201(4)(A)(i)(IV), struck out “loan” before “application” and substituted “infrastructure” for “service”, “5” for “3”, and “assistance under this section is” for “proceeds from the loan made or guaranteed under this section are”.
Subsec. (d)(1)(B). Pub. L. 115–334, § 6201(4)(A)(ii), substituted “(j)” for “(k)”.
Subsec. (d)(2)(A). Pub. L. 115–334, § 6201(4)(B)(i), substituted “assistance” for “the proceeds of a loan made or guaranteed” and “of the eligible entity” for “for the loan or loan guarantee” in introductory provisions.
Subsec. (d)(2)(A)(i). Pub. L. 115–334, § 6201(4)(B)(ii), substituted “50 percent (in the case of loans or loan guarantees provided in accordance with subsection (g)(1)(A))” for “15 percent” and “level of fixed broadband service, whether terrestrial or wireless,” for “level of broadband service”.
Subsec. (d)(3)(A). Pub. L. 115–334, § 6201(4)(C), substituted “grant, loan, or” for “loan or”.
Subsec. (d)(4). Pub. L. 115–334, § 6201(4)(D), substituted “assistance” for “a loan or loan guarantee”.
Subsec. (d)(5) to (10). Pub. L. 115–334, § 6201(4)(E), added par. (5) and struck out former pars. (5) to (10), which related to notice requirements, paperwork reduction, preapplication process, reporting by entities receiving assistance under this section, loan default and deobligation of awards, and service area assessment, respectively.
Subsec. (e)(1)(A). Pub. L. 115–334, § 6201(5)(A)(i), substituted “25-Mbps” for “4-Mbps”.
Subsec. (e)(1)(B). Pub. L. 115–334, § 6201(5)(A)(ii), substituted “3-Mbps” for “1-Mbps”.
Subsec. (e)(2). Pub. L. 115–334, § 6201(5)(B), struck out subpar. (A) designation and heading before “At least once”, inserted “and broadband buildout requirements under paragraph (4)” after “(1)”, and struck out subpar. (B). Prior to amendment, text of subpar. (B) read as follows: “In making an adjustment to the minimum acceptable level of broadband service under subparagraph (A), the Secretary may consider establishing different transmission rates for fixed broadband service and mobile broadband service.”
Subsec. (e)(4). Pub. L. 115–334, § 6201(5)(C), added par. (4).
Subsec. (f). Pub. L. 115–334, § 6201(6), substituted “provide assistance” for “make a loan or loan guarantee”.
Subsec. (g)(2), (3). Pub. L. 115–334, § 6201(7), redesignated par. (3) as (2) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “In determining the term and conditions of a loan or loan guarantee, the Secretary may—
“(A) consider whether the recipient is or would be serving an area that is unserved or has service levels below the minimum acceptable level of broadband service established under subsection (e); and
“(B) if the Secretary makes a determination in the affirmative under subparagraph (A), establish a limited initial deferral period or comparable terms necessary to achieve the financial feasibility and long-term sustainability of the project.”
Subsec. (i). Pub. L. 115–334, § 6201(8), added subsec. (i) and struck out former subsec. (i). Prior to amendment, text read as follows: “Notwithstanding any other provision of this chapter, the proceeds of any loan made or guaranteed by the Secretary under this chapter may be used by the recipient of the loan for the purpose of refinancing an outstanding obligation of the recipient on another telecommunications loan made under this chapter if the use of the proceeds for that purpose will support the construction, improvement, or acquisition of facilities and equipment for the provision of broadband service in rural areas.”
Subsec. (j). Pub. L. 115–334, § 6201(8), (11), redesignated subsec. (k) as (j) and struck out former subsec. (j) which related to reports to Congress on participation in loan and loan guarantee program.
Subsec. (k). Pub. L. 115–334, § 6201(11), redesignated subsec. (l) as (k). Former subsec. (k) redesignated (j).
Subsec. (k)(1). Pub. L. 115–334, § 6201(9), substituted “$350,000,000” for “$25,000,000” and “2019 through 2023” for “2008 through 2018”.
Subsec. (l). Pub. L. 115–334, § 6201(11), redesignated subsec. (l) as (k).
Pub. L. 115–334, § 6201(10), substituted “grant, or loan, or” for “loan or” and “2023” for “2018”.
2014—Subsec. (c)(2). Pub. L. 113–79, § 6104(a)(1), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “In making or guaranteeing loans under paragraph (1), the Secretary shall give the highest priority to applicants that offer to provide broadband service to the greatest proportion of households that, prior to the provision of the broadband service, had no incumbent service provider.”
Subsec. (d)(1)(A)(i). Pub. L. 113–79, § 6104(a)(2)(A), added cl. (i) and struck out former cl. (i). Prior to amendment, text read as follows: “demonstrate the ability to furnish, improve, or extend a broadband service to a rural area;”.
Subsec. (d)(2)(A)(i). Pub. L. 113–79, § 6104(a)(2)(B)(i), added cl. (i) and struck out former cl. (i). Prior to amendment, text read as follows: “not less than 25 percent of the households in the proposed service territory is offered broadband service by not more than 1 incumbent service provider; and”.
Subsec. (d)(2)(B). Pub. L. 113–79, § 6104(a)(2)(B)(ii), struck out “25” before “percent” in heading.
Subsec. (d)(2)(C). Pub. L. 113–79, § 6104(a)(2)(B)(iii)(I), struck out “3 or more” before “incumbent” in heading.
Subsec. (d)(2)(C)(i). Pub. L. 113–79, § 6104(a)(2)(B)(iii)(II), added cl. (i) and struck out former cl.(i). Prior to amendment, text read as follows: “Except as provided in clause (ii), subparagraph (A)(ii) shall not apply to an incumbent service provider that is upgrading broadband service to the existing territory of the incumbent service provider.”
Subsec. (d)(3)(B)(iii). Pub. L. 113–79, § 6104(a)(2)(C), added cl. (iii).
Subsec. (d)(5). Pub. L. 113–79, § 6104(a)(2)(D), added par. (5) and struck out former par. (5) which related to notice requirement.
Subsec. (d)(8) to (10). Pub. L. 113–79, § 6104(a)(2)(E), added pars. (8) to (10).
Subsec. (e). Pub. L. 113–79, § 6104(a)(3), added pars. (1) and (2), redesignated former par. (2) as (3), and struck out former par. (1) which read as follows: “The Secretary shall, from time to time as advances in technology warrant, review and recommend modifications of rate-of-data transmission criteria for purposes of the identification of broadband service technologies under subsection (b)(1).”
Subsec. (g)(2). Pub. L. 113–79, § 6104(a)(4), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “In determining the term of a loan or loan guarantee, the Secretary shall consider whether the recipient is or would be serving an area that is not receiving broadband services.”
Subsec. (j)(1). Pub. L. 113–79, § 6104(a)(5)(A), inserted “, including any loan terms or conditions for which the Secretary provided additional assistance to unserved areas” before semicolon at end.
Subsec. (j)(7). Pub. L. 113–79, § 6104(a)(5)(B)–(D), added par. (7).
Subsecs. (k)(1), (l). Pub. L. 113–79, § 6104(a)(6), substituted “2018” for “2012”.
2008—Pub. L. 110–246, § 6110(a), amended section generally, substituting provisions authorizing loans and loan guarantees for the costs of construction, improvement, and acquisition of facilities and equipment for broadband service in rural areas and terminating such authority on
2004—Subsec. (b)(2). Pub. L. 108–199 amended heading and text of subsec. (b)(2) generally. Prior to amendment, text read as follows: “The term ‘eligible rural community’ means any incorporated or unincorporated place that—
“(A) has not more than 20,000 inhabitants, based on the most recent available population statistics of the Bureau of the Census; and
“(B) is not located in an area designated as a standard metropolitan statistical area.”
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective
Pub. L. 110–234, title VI, § 6110(c), “(1) an application submitted under section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) (as it existed before the amendment made by subsection (a)) that—“(A) was pending on the date that is 45 days prior to the date of enactment of this Act [“(B) is pending on the date of enactment of this Act [“(2) a petition for reconsideration of a decision on an application described in paragraph (1).”
[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of this title.]
Pub. L. 110–234, title VI, § 6110(b),
[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of this title.]
Pub. L. 107–171, title VI, § 6103(b), “(1) Not later than 180 days after the date of enactment of this Act [“(2) The promulgation of the regulations shall be made without regard to—“(A) the notice and comment provisions of section 553 of title 5, United States Code;“(B) the Statement of Policy of the Secretary of Agriculture effective “(C) chapter 35 of title 44, United States Code (commonly known as the ‘Paperwork Reduction Act’).“(3) In carrying out this subsection, the Secretary shall use the authority provided under section 808 of title 5, United States Code.”
Pub. L. 115–334, title VI, § 6213,