§ 1738.202 Elements of a complete application. ( a ) *Online application system.* Loan and loan/grant combination applications must be submitted through RUS' online application system and include all information as required by that system and detailed in the Rural Broadband Program Application Guide (the Application Guide), available on the Agency's website, so that applications can be uniformly evaluated and compared.
( b ) *SAM registration.* Prior to submitting an application, all Applicants requesting loan/grant combination funds must register in the System for Award Management (SAM) at *https://sam.gov/* and provide a Unique Entity Identifier as part of the application. SAM registration must be active with current data at all times, from the application review throughout the active Federal Award. To maintain the required registration in the SAM database, annual renewal is required with a review and update of all information. The Applicant must ensure that the information in the database is current, accurate, and complete.
( c ) *Contents of the application.* A complete application will include the following information as requested in the RUS online application system and Application Guide: ( 1 ) General information on the Applicant and the project including: ( i ) A description of the project that will be made public consistent with the requirements in this part; and
( ii ) The estimated dollar amount of the funding request.
( 2 ) An executive summary of the proposed project. The summary shall include, but not be limited to, a detailed description of the existing operations, discussion of key management, description of the workforce and a detailed description of the proposed project.
( 3 ) A description of the proposed funded service area including the number of premises passed.
( 4 ) Subscriber projections including the number of subscribers for broadband, video and voice services and any other service that may be offered. A description of the proposed service offerings and the associated pricing plan that the Applicant proposes to offer, and an explanation showing that the proposed service offerings are affordable.
( 5 ) A map, utilizing the RUS mapping tool, of the proposed funded service areas identifying the areas lacking access to broadband service and the areas lacking access to service of speeds of at least 10 Mbps downstream and 1 Mbps upstream and any non-funded service areas of the Applicant
( 6 ) A competitive analysis of the entire proposed service territory(ies) as required by § 1738.205.
( 7 ) A network design which includes a description of the proposed technology used to deliver service at the required broadband lending speed (see § 1738.55) to all premises in the proposed funded service area, a network diagram, a build-out timeline and milestones for implementation of the project, and a capital investment schedule showing that the system can be built within 5 years from the date funds are made available to the Awardee. All of which must be certified by a professional engineer who is certified in at least one of the states where the project is to be constructed. The certification from the professional engineer must clearly state that the proposed network can deliver service at the required broadband lending speed (see § 1738.55) to all premises in the proposed funded service area.
( 8 ) All environmental information as required by § 1738.108.
( 9 ) Resumes of key management personnel, a description of the organization's readiness to manage a broadband services network, and an organizational chart showing all parent organizations and/or holding companies (including parents of parents, etc.) and all subsidiaries and affiliates.
( 10 ) A legal opinion that addresses the Applicant's ability to enter into loan or loan/grant combination as requested in the application for financial assistance, to pledge security as required by the Agency, to describe all pending litigation matters, and such other requirements as are detailed in the Application Guide.
( 11 ) A summary and itemized budgets of the infrastructure costs of the proposed project, including if applicable, the ratio of loans to grants, and any other sources of outside funding.
( 12 ) A detailed description of working capital requirements and the sources of those funds.
( 13 ) Complete copies of audited financial statements for the two years preceding the application submission as detailed in § 1738.206.
( 14 ) The historical and projected financial information required in § 1738.206.
( 15 ) Documentation proving that all required licenses and regulatory approvals for the proposed operation have been obtained, or the status of obtaining such licenses or approvals.
( 16 ) If service is being proposed on tribal land, a certification from the proper tribal official that they are in support of the project and will allow construction to take place on tribal land. The certification must: ( i ) Include a description of the land proposed for use as part of the proposed project;
( ii ) Identify whether the land is owned, held in Trust, land held in fee simple by the Tribe, or land under a long-term lease by the Tribe;
( iii ) If owned, identify the land owner; and
( iv ) Provide a commitment in writing from the land owner authorizing the Applicant's use of that land for the proposed project.
( 17 ) Scoring sheet, analyzing the scoring criteria set forth in this part and most recent funding opportunity announcement.
( 18 ) Additional items that may be required by the Administrator through a notice in the Federal Register.
( d ) *Material representations.* The application, including certifications and all forms submitted as part of the application, will be treated as material representations upon which RUS will rely in awarding loans and loan/grant combinations.
[85 FR 14398, Mar. 12, 2020, as amended at 89 FR 34957, May 1, 2024]