Rule2023-11134
Rural eConnectivity Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 25, 2023
Effective
May 1, 2023
Issuing agencies
Agriculture DepartmentRural Utilities Service
Abstract
The Rural Utilities Service (RUS or Agency), an agency in the United States Department of Agriculture (USDA) Rural Development Mission area, published a final rule with comment in the Federal Register on January 30, 2023, to make updates to the Rural eConnectivity Program (ReConnect Program) regulation to ensure that requirements are clear, accurate as presented and in compliance with Federal reporting requirements. Through this action, RUS is confirming the final rule as it was published and providing responses to the public comments that were received.
Full Text
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<title>Federal Register, Volume 88 Issue 101 (Thursday, May 25, 2023)</title>
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[Federal Register Volume 88, Number 101 (Thursday, May 25, 2023)]
[Rules and Regulations]
[Page 33816]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11134]
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DEPARTMENT OF AGRICULTURE
Rural Utilities Service
7 CFR Part 1740
[Docket No. RUS-22-Telecom-0056]
RIN 0572-AC62
Rural eConnectivity Program
AGENCY: Rural Utilities, USDA.
ACTION: Final rule; confirmation and response to comments.
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SUMMARY: The Rural Utilities Service (RUS or Agency), an agency in the
United States Department of Agriculture (USDA) Rural Development
Mission area, published a final rule with comment in the Federal
Register on January 30, 2023, to make updates to the Rural
eConnectivity Program (ReConnect Program) regulation to ensure that
requirements are clear, accurate as presented and in compliance with
Federal reporting requirements. Through this action, RUS is confirming
the final rule as it was published and providing responses to the
public comments that were received.
DATES: As of May 25, 2023, the final rule published January 30, 2023,
at 88 FR 5724, effective May 1, 2023, is confirmed.
FOR FURTHER INFORMATION CONTACT: Laurel Leverrier, Assistant
Administrator; Telecommunication Program; Rural Development; U.S.
Department of Agriculture; 1400 Independence Avenue SW; Room 4121-S;
Washington, DC 20250; telephone 202-720-3416, email
<a href="/cdn-cgi/l/email-protection#a3cfc2d6d1c6cf8dcfc6d5c6d1d1cac6d1e3d6d0c7c28dc4ccd5"><span class="__cf_email__" data-cfemail="85e9e4f0f7e0e9abe9e0f3e0f7f7ece0f7c5f0f6e1e4abe2eaf3">[email protected]</span></a>. Persons with disabilities or who require
alternative means for communication should contact the USDA Target
Center at 202-720-2600.
SUPPLEMENTARY INFORMATION: The ReConnect Program was authorized by the
Consolidated Appropriations Act, 2018 (Pub. L. 115-141), which directed
the program to be conducted under the Rural Electrification Act of 1936
(7 U.S.C. 901 et seq). The ReConnect Program provides loans, grants,
and loan/grant combinations to facilitate broadband deployment in rural
areas. In facilitating the expansion of broadband services and
infrastructure, the program fuels long-term rural economic development
and opportunities across rural America.
The final rule that published January 30, 2023, (88 FR 5724),
included a 60-day comment period that ended on March 31, 2023. The
intent of the changes outlined in the final rule was to remove outdated
requirements and ensure that the requirements in the regulation are
clear, accurate as presented, and in compliance with Federal reporting
requirements. The Agency received comments from 3 respondents.
Respondents included one telecommunications company and two industry
associations The following are the comments received and the Agency's
responses:
Comment: Cimarron Telephone Company, LLC stated that the
requirement to have a Tribal Resolution of Support be part of the
ReConnect Program application may deter some potential applicants from
the program. The respondent also states that this could lessen the
amount of rural Americans receiving any service or lessen the chance
that current services would be upgraded. The respondent offered
examples they personally experienced that lead them to encourage the
Agency to change this requirement. The respondent recommends requiring
the resolution to be submitted within 120 days of the applicant being
selected for an award.
Agency response: The Agency appreciates the comments provided by
the respondent; however, it is a priority of this Administration that
tribal sovereignty be respected by not imposing federal projects over
tribal lands without their consent.
Comment: NCTA--The internet and Telephone Association expressed
appreciation for the work done by the Agency to streamline the
requirements of the ReConnect Program. They also praised the Agency for
its clarification of the Buy America requirements. The respondent also
encourages the Agency to allow awardees to continue to use their parent
entity's consolidated audit after an award is made, if applicable.
Agency response: The Agency appreciates the comments provided by
the respondent.
Comment: NTCA--The Rural Broadband Association expressed concern
about the impact of the Build America, Buy America Act on non-Federal
entities who receive ReConnect Program funding. Additionally, the
respondent offered data indicating that there would be strain on the
supply chains which produce needed equipment for those non-Federal
entities required to comply with the law. The respondent feels that
there are two standards, depending on what type of organization your
entity is, and that by treating all entities the same would make it
easier for all companies to comply with the Build America, Buy America
Act.
Agency response: The Agency appreciates the comments provided by
the respondent; however, the entity status for compliance with the
Build America, Buy America Act is set in statute, whereas the RUS Buy
American requirement applies to all entities also by statute. As such,
the requested change is beyond the control of the agency.
No change to the rulemaking is necessary. The RUS appreciates
comments from interested parties. The Agency confirms the final rule
without change.
Andrew Berke,
Administrator, Rural Utilities Service.
[FR Doc. 2023-11134 Filed 5-24-23; 8:45 am]
BILLING CODE 3410-15-P
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