Page:United States Statutes at Large Volume 122.djvu/1225

 12 2 STA T . 12 0 2 PUBLIC LA W 110 – 2 34—M A Y 22, 200 8‘ ‘ (I)thecos to fb o r ro wing to the D e pa rt m ent of the T reas u r y for ob l igations of comparable matu - rity or ‘‘(II) 4 percent; an d ‘‘(ii) in the case of a guaranteed loan , the current applicable mar k et rate for a loan of comparable matu- rity; and ‘‘( B )ha v e a term of such length, not e x ceeding 35 years, as the borrower may re q uest, if the S ecretary deter- mines that the loan is adequately secured . ‘‘( 2 )T ERM . — In determining the term of a loan or loan guarantee, the Secretary shall consider whether the recipient is or would be serving an area that is not receiving broadband services. ‘‘(3) R E CU RR ING RE V ENUE.—The Secretary shall consider the existing recurring revenues of the entity at the time of application in determining an adequate level of credit support. ‘‘(h) AD E Q U A C YOF SECURI T Y.— ‘‘( 1 ) IN GENERA L .—The Secretary shall ensure that the type and amount of, and method of security used to secure, any loan or loan guarantee under this section is commensurate to the risk involved with the loan or loan guarantee, particu- larly in any case in which the loan or loan guarantee is issued to a financially strong and stable entity, as determined by the Secretary. ‘‘(2) DETERMINATION OF AMOUNT AND MET H OD OF S ECU- RITY.—In determining the amount of, and method of security used to secure, a loan or loan guarantee under this section, the Secretary shall consider reducing the security in a rural area that does not have broadband service. ‘‘(i) U SE OF L OAN P ROCEEDS TO REFINANCE LOANS FOR DE P LOY- MENT OF BROAD B AND SERVICE.— N otwithstanding any other provi- sion of this Act, the proceeds of any loan made or guaranteed by the Secretary under this Act may be used by the recipient of the loan for the purpose of refinancing an outstanding obligation of the recipient on another telecommunications loan made under this Act if the use of the proceeds for that purpose will support the construction, improvement, or acquisition of facilities and equip- ment for the provision of broadband service in rural areas. ‘‘( j ) REPORTS.—Not later than 1 year after the date of enactment of the F ood, C onservation, and E nergy Act of 2 0 0 8, and annually thereafter, the Administrator shall submit to Congress a report that describes the extent of participation in the loan and loan guarantee program under this section for the preceding fiscal year, including a description of — ‘‘(1) the number of loans applied for and provided under this section; ‘‘(2)(A) the communities proposed to be served in each loan application submitted for the fiscal year; and ‘‘(B) the communities served by projects funded by loans and loan guarantees provided under this section; ‘‘(3) the period of time required to approve each loan application under this section; ‘‘(4) any outreach activities carried out by the Secretary to encourage entities in rural areas without broadband service to submit applications under this section;

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