1738.11—Availability of broadband service.
(a)
As provided in § 1738.15 of this part, priority will be given to loans to finance service to eligible rural communities in which broadband service is not available to residential customers in the applicant's proposed service area.
(b)
RUS shall consider the following criteria in determining whether broadband service is not available to residential customers:
(1)
Broadband service is not being provided to residential customers in the applicant's proposed service area and no entity is committed to provide such service before the service would reasonably be expected to be available pursuant to the loan application;
(2)
Broadband service is not provided at rates comparable to those of similar services in neighboring urban and suburban areas, as determined by RUS; and
(3)
The quality of existing service, including, but not limited to, the availability of specified data rates, system latency, and data rate restrictions, is not satisfactory as determined by RUS.
(1)
Certify to RUS the extent to which paragraphs (b)(1) through (b)(3) of this section, apply to residential customers in the proposed service area, and
(2)
Publish legal notice stating the applicant's intent to offer broadband service in a particular community.
(i)
The notice must set forth the applicant's proposed service area, and request any incumbent broadband service provider to submit to RUS within 30 days:
(A)
The number of residential customers receiving broadband service in the applicant's proposed service area, the rates of data transmission, and the cost of each level of service, or proof of commitment to provide service in the proposed service area, and
(ii)
The notice must satisfy all other requirements to constitute legal notice within the areas proposed to be served.
(iii)
The notice must be published in state and local newspapers covering the applicant's proposed service area if such publication is not included in the legal notice requirement.