[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 [www.gpo.gov]
[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 
[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 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intent of the changes outlined in the final rule was to remove outdated 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]
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