[Federal Register Volume 87, Number 201 (Wednesday, October 19, 2022)]
[Rules and Regulations]
[Page 63419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22677]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Rural Utilities Service

7 CFR Part 1740

[Docket No. RUS-20-Telecom-0023]
RIN 0572-AC51


Rural eConnectivity Program

AGENCY: Rural Utilities, USDA.

ACTION: Final rule; confirmation and response to comments.

-----------------------------------------------------------------------

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 February 26, 2021, to establish the Rural eConnectivity 
Program (ReConnect Program). The final rule described the eligibility 
requirements, the application process, the criteria that RUS uses to 
assess applicants' creditworthiness and outlined the application 
process. Through this action, RUS is confirming the final rule as it 
was published and providing responses to the public comments that 
addressed the broadband speed used to determine eligibility.

DATES: The final rule published February 26, 2021, at 86 FR 11609, is 
confirmed as of April 27, 2021.

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 
[email protected]. 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 program has received successive 
appropriations by Congress and has matured due to Agency experience and 
feedback provided by stakeholders. Since its establishment in 2018, the 
ReConnect Program has been implemented by issuing four Funding 
Opportunity Announcements (FOA).
    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 February 26, 2021 (86 FR 11603), 
included a 60-day comment period that ended on April 27, 2021. The 
final rule specifically requested comments on the speed used to 
determine eligibility. The Agency received comments from 73 
respondents. Respondents included industry associations, engineering 
firms, individuals, education providers, Tribes and Tribal 
organizations, economic development and municipal organizations, 
manufacturers, telecommunications providers and nonprofits. Thirty-five 
of the respondents provided constructive feedback on the regulation and 
the remaining 38 were supportive of the program.
    As requested in the rule, several of the constructive comments 
included suggestions to increase the standard of sufficient access from 
10/1 Mbps to at least 25/3 Mbps. One respondent requested that RUS 
acknowledge that the current definition of broadband, 25/3 Mbps, does 
not correspond with the requisite download and upload speeds for many 
businesses, education, and health care applications. Two recommended 
that RUS use a weighted priority scale to allow funds to go first to 
10/1 areas, and then to areas up to 25/3 or even higher. Two others 
requested that RUS prioritize areas with speeds slower than 25/3 Mbps 
and suggested that sufficient access should be defined at 100/20 Mbps.
    Agency response: As provided in 7 CFR part 1940, ``Sufficient 
Access to Broadband'' is set forth in each funding announcement. No 
change to the rulemaking is necessary. Comments provided in response to 
the rule were taken into account for the funding announcement issued on 
October 25, 2021, at 86 FR 58860.
    The RUS appreciates comments from interested parties. The Agency 
confirms the final rule without change.

Andrew Berke,
Administrator, Rural Utilities Service.
[FR Doc. 2022-22677 Filed 10-18-22; 8:45 am]
BILLING CODE 3410-15-P