Rule 413-9-1-.05 - Eligible Activities(1) Eligible uses of funds include those activities and the provision of facilities and services as described in O.C.G.A. 50-34-1et 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. 50-34-1et 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.Ga. Comp. R. & Regs. R. 413-9-1-.05
O.C.G.A. § 50-34-1et seq.
Original Grant Description entitled "Eligible Activities" submitted June 27, 2019.