[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 15CFR2301.19]



[Page 510]

 

                  TITLE 15--COMMERCE AND FOREIGN TRADE

 

       CHAPTER XXIII--NATIONAL TELECOMMUNICATIONS AND INFORMATION 

                 ADMINISTRATION, DEPARTMENT OF COMMERCE

 

PART 2301_PUBLIC TELECOMMUNICATIONS FACILITIES PROGRAM--Table of Contents

 

                    Subpart D_Post-Award Requirements

 

Sec. 2301.19  General conditions attached to the Federal award.





    (a) During the project award period and the remainder of the Federal 

interest period, the grantee must:

    (1) Continue to be an eligible organization as described in Sec. 

2301.3;

    (2) Obtain and continue to hold any necessary FCC authorization(s);

    (3) Use the Federal funds for which the grant was made for the 

equipment and other expenditure items specified in the application for 

inclusion in the project, except that the grantee may substitute other 

items where necessary or desirable to carry out the purpose of the 

project if approved in advance by the Department in writing. These 

changes include but are not limited to the following:

    (i) Costs (including planning costs);

    (ii) Essential specifications of the equipment;

    (iii) The engineering configuration of the project;

    (iv) Extensions of the approved grant award period; and

    (v) Transfers of a grant award to a successor in interest, pursuant 

to Sec. 2301.19(c);

    (4) Use the facilities and any monies generated through the use of 

the facilities primarily for the provision of public telecommunications 

services and ensure that the use of the facilities for other than public 

telecommunications purposes does not interfere with the provision of the 

public telecommunications services for which the grant was made;

    (5) Not make its facilities available to any person for the 

broadcast or other transmission intended to be received directly by the 

public, of any advertisement, unless such broadcast or transmission is 

expressly and specifically permitted by law or authorized by the FCC; 

and

    (6) State when advertising for bids for the purchase of equipment 

that the Federal government has an interest in facilities purchased with 

Federal funds under this program that begins with the purchase of the 

facilities and continues for ten (10) years after the completion of the 

project.

    (b) During the period in which the grantee possesses or uses the 

Federally funded facilities, the grantee may not use or allow the use of 

the Federally funded equipment for purposes the essential thrust of 

which are sectarian for the useful life of the equipment even when this 

extends beyond the ten-year Federal interest period. (See NTIA's policy 

on sectarian activities at 60 FR 66491, Dec. 22, 1995.)

    (c) If necessary to further the purpose of the Act, the Agency may 

reassign a grant to a successor in interest or subsidiary corporation of 

a grantee in cases where a similar operational entity remains in control 

of the grant and the original objectives of the grant remain in effect. 

Each party must provide, in writing, its assent to the substitution. Any 

substituted party must meet the eligibility requirements.