Compilation of Rules and Regulations of the State of Georgia › Department 413 - GRANTS OF THE ONEGEORGIA AUTHORITY › Chapter 413-9 › Subject 413-9-1 - ONEGEORGIA AUTHORITY BROADBAND PROGRAM › Rule 413-9-1-.05 - Eligible Activities

Current through Rules and Regulations filed through June 27, 2024
(1) Eligible uses of funds include those
				activities and the provision of facilities and services as described in
				O.C.G.A.
				 50-34-1 et
				seq. Such activities include, but are not limited to, the provision of such
				public infrastructure, services, facilities and improvements needed to
				implement broadband services or enhance existing broadband services.
More specifically, such activities may include, but are not
				 limited to, the provision of planning services and technical assistance
				 integral to the development of needed systems; the purchase of equipment and
				 software; technology infrastructure; public utilities; public facilities and
				 services; real property rehabilitation; the acquisition of real property; site
				 preparation and improvements; construction and any other necessary activities
				 allowed under O.C.G.A.
				  50-34-1 et
				 seq. that are integral and necessary for the development and deployment of a
				 broadband system for the provisioning of broadband services. Ineligible
				 activities include but are not limited to refinancing of existing debt,
				 on-going administrative, operational maintenance costs, financing of customer
				 terminal equipment (including modems) or inside wiring not owned by the
				 recipient, and financing of operating leases and vehicles.
(2) In general, the public acquisition and/or
				improvement of public facilities and infrastructure can be undertaken directly
				by a general-purpose local government(s) or authority. In some situations,
				where a private entity may be required to provide facilities and/or equipment
				to allow a broadband system or facility to become fully operational, OneGeorgia
				monies may be expended for the public acquisition and/or improvement of
				financed assets and facilities that may be used and operated by private
				entities. In such cases, such privately used assets and facilities must
				generally be owned and controlled by a local government and/or authority and
				leased, subleased or sold to the business or enterprise in accordance with
				O.C.G.A.
				 36-62-7 and /or O.C.G.A.
				 50-34-6.
(3) In general, assistance for public
				facilities owned by local governments and/or authorities that are leased to a
				private sector broadband provider through the lease provisions described in
				Section 413-09-1-.06(2) are eligible for grants. Assistance for facilities that
				are to be owned exclusively by a private entity must take the form of a loan
				from the local government or authority. The exact structure and amount will be
				determined by the activity to be financed, the financial capacity of the
				private entity and the eligibility of the applicant. Loans will be structured
				using generally accepted public and private financing instruments and
				procedures. Any recaptured funds must be returned to the OneGeorgia Authority.
				The OneGeorgia Authority reserves the right to establish criteria regarding the
				nature, types and forms of financial assistance that the Georgia Broadband
				Deployment Initiative Fund provides.
O.C.G.A. §
											50-34-1 et
				 seq.