PROVISIONS RELEVANT TO TELECOMMUNICATIONS PROGRAMS.

SEC. 2334. PROVISIONS RELEVANT TO TELECOMMUNICATIONS PROGRAMS. (a) Administration.— The Administrator shall be responsible for the administration of this chapter. (b) Rulemaking.— Not later than 160 days after the date of enactment of this Act, the Administrator shall promulgate final regulations, under the notice and comment rulemaking requirements described in section 553 of title 5, United States Code, that establish the telecommunications programs authorized in this chapter. (c) Priority.— The Administrator 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 Administrator determines that a compelling need is present, the Administrator may modify any of the definitions in section 2333. (e) Expediting Coordinated Telephone Loans.— The Administrator shall establish and implement procedures to ensure that expedited consideration and determination is given to applications104 STAT. 4020 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 Administrator 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 Administrator 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 Administrator may offer to fund grant applications under this chapter at any levels that the Administrator 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 Administrator 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 Administrator. (g) Joint Use of Telecommunications Transmissions Facilities.— In issuing regulations implementing this chapter, and in requesting changes in, or approving applications for grants, the Administrator 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 203(a) of the Rural Electrification Act of 1936 (7 U.S.C. 924(a)), will install such facilities through the use of expedited telephone loans as described in subsection (e) 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 Administrator for such grant and shall attempt to work with such carrier in developing the rural telecommunications project. The Administrator 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 2333(3)(F). (3) Deadline imposed on the administrator.— Not later than 45 days after the receipt of a completed application for an104 STAT. 4021 expedited telephone loan, the Administrator shall respond to the application. The Administrator shall notify the applicant in writing of its decision regarding each such expedited loan application.