Page:United States Statutes at Large Volume 104 Part 5.djvu/702

 104 STAT. 4024 PUBLIC LAW 101-624—NOV. 28, 1990 any fiscal year for a loan under this subsection, in an order which takes into account— "(aa) the results of the review conducted under clause (i); "Qib) the extent to which the projects described in the applications would promote any area plan (as defined in section 365(b)(l)) developed for the areas in which the projects are to be implemented; and "(cc) in the case of a project which would duplicate existing services, the reasons therefor. "(11) GROUPING OF APPLICATIONS. —The review panel shall separate into 2 groups the applications for a loan under this subsection received by the review panel during a fiscal year. The 1st group shall consist of the applications received during the 1st 6 months of the fiscal year. The 2nd group shall consist of the applications received during the 2nd 6 months of the fiscal year. "(Ill) COMPETITION AMONG APPLICATIONS, —The review panel shall consider each application in a group to be competing only with the other applications in the group. "(IV) WRITTEN POLICY AND CRITERIA.— "(aa) IN GENERAL.— Subject to subdivision (bb), the review panel shall develop the written policy and criteria to be used to rank applications, in the same manner as the review panel develops the written policy and criteria used for purposes of section 366(b)(3). " (bb) PROHIBITION AGAINST DEVELOPMENT OR ACQUISITION OF TELECOMMUNICATIONS TRANS- MISSION FACILITIES. —The policy and criteria developed under subdivision (aa) shall require that the project described in an application not include the development or acquisition of telecommunications transmission facilities, " (iv) TRANSMITTAL OF RANKED APPLICATIONS. —The review panel shall transmit to the State coordinator appointed pursuant to section 365(b)(3)(A)(ii) each list of applications ranked pursuant to clause (ii) of this subsection, in the same manner in which lists of applications ranked pursuant to section 366(b) are transmitted to the State coordinator pursuant to section 366. The State coordinator shall transmit to the Secretary each such list received by the State coordinator. "(C) PRIORITY. —The Secretary shall establish procedures to target loans under this subsection to the rural areas and applicants that demonstrate the need for such loans, taking into consideration— "(i) the relative needs of all applicants; "(ii) the needs of the affected rural aresis; "(iii) the financial ability of the applicants, without such loans, to use telecommunications for the business purposes for which such loans may be made; and

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