§ 1740.12 Eligible and ineligible cost purposes. Award and any matching funds must be used to pay only eligible costs incurred post award, except for approved pre-application expenses. Eligible costs must be consistent with the cost principles identified in 2 CFR 200, Subpart E, Cost Principles. In addition, costs must be reasonable, allocable, and necessary to the project. Any application that proposes to use any portion of the award or matching funds for any ineligible costs may be rejected. ( a ) *Eligible award costs.* Award funds under this part may be used to pay for the following costs: ( 1 ) To fund the construction or improvement of facilities, including buildings and land, required to provide fixed terrestrial broadband service, including fixed wireless service, and any other facilities required for providing other services over the same facilities, such as equipment required to comply with CALEA;
( 2 ) To fund reasonable preapplication expenses in an amount not to exceed five percent of the award. Preapplication expenses must be included in the first request for advance of award funds and will be funded with either grant or loan funds. If the funding category applied for has a grant component, then grant funds will be used for this purpose. If preapplication expenses are not included in the first request for advance of award funds, they will become an ineligible purpose; and
( 3 ) To fund the acquisition of an existing system that does not currently provide sufficient access to broadband for upgrading that system to meet the requirements of this regulation. The cost of the acquisition is limited to 40 percent of the award amount requested. Acquisitions can be considered for 100 percent loans.
( b ) *Ineligible award costs.* Award funds under this part may not be used for any of the following purposes: ( 1 ) To fund operating expenses of the Awardee;
( 2 ) To fund costs incurred prior to the date on which the application was submitted other than eligible preapplication expenses;
( 3 ) To fund an acquisition of an affiliate, or the purchase or acquisition of any facilities or equipment of an affiliate. Note that if affiliated transactions are contemplated in the application, approval of the application does not constitute approval to enter into affiliated transactions, nor acceptance of the affiliated arrangements that conflict with the obligations under the award documents;
( 4 ) To fund the acquisition of a system previously funded by RUS without prior written approval of RUS before an application is submitted;
( 5 ) To fund the purchase or lease of any vehicle other than those used primarily in construction or system improvements;
( 6 ) To fund broadband facilities leased under the terms of an operating lease or an indefeasible right of use (IRU) agreement;
( 7 ) To fund the merger or consolidation of entities;
( 8 ) To fund costs incurred in acquiring spectrum as part of a Federal Communication Commission (FCC) auction or in a secondary market acquisition. Spectrum that is part of a system acquisition may be considered;
( 9 ) To fund facilities that provide mobile services;
( 10 ) To fund facilities that provide satellite service including satellite backbone services;
( 11 ) To fund the acquisition of a system that is providing sufficient access to broadband; or
( 12 ) To refinance outstanding debt.