Page:United States Statutes at Large Volume 92 Part 2.djvu/1126

 92 STAT. 2406

PUBLIC LAW 95-567—NOV. 2, 1978 "GRANTS FOR CONSTRUCTION AND PLANNING

"SEC. 392. (a) For each project for the construction of public telecommunications facilities there shall be submitted to the Secretary an application for a grant containing such information with respect to such project as the Secretary may require, including the total cost ' ' of such project, the amount of the grant requested for such project, i '' and a 5-year plan outlining the applicant's projected facilities requirements and the projected costs of such facilities requirements. Each applicant shall also provide assurances satisfactory to the Secretary that— "(1) the applicant is (A) a public broadcast station; (B) a ,., , noncommercial telecommunications entity; (C) a system of public , ,..,.' telecommunications entities; (D) a nonprofit foundation, corporation, institution, or association organized primarily for educa< • ' tional or cultural purposes; or (E) a State or local government (or any agency thereof), or a political or special purpose subdivision of a State; "(2) the operation of such public telecommunications facilities f <-; IH;-*' will be under the control of the applicant; "(3) necessary funds to construct, operate, and maintain such public telecommunications facilities will be available when needed; "(4) such public telecommunications facilities will be used only for the provision of public telecommunications services; "(5) the applicant has participated in comprehensive planning for such public telecommunications facilities in the area which the applicant proposes to serve, and such planning has included an evaluation of alternate technologies and coordination with State educational television and radio agencies, as appropriate; and "(6) the applicant will make the most efficient use of the grant. "(b) Upon approving any application under this section with respect to any project for the construction of public telecommunications facilities, the Secretary shall make a grant to the applicant in an amount determined by the Secretary, except that such amount "v;. > r'• shall not exceed 75 percent of the amount determined by the Secretary to be the reasonable and necessary cost of such project. "(c) The Secretary may provide such funds as the Secretary deems necessary for the planning of any project for which construction funds may be obtained under this section. An applicant for a planning grant shall provide such information with respect to such project as the Secretary may require and shall provide assurances satisfactory to the Secretary that the applicant meets the eligible requirements of subsection (a) to receive construction assistance. "(d) Any studies conducted by or for any grant recipient under this section shall be provided to the Secretary, if such studies are conducted through the use of funds received under this section. Rules and "(e) The Secretary shall establish such rules and regulations as regulations. may be necessary to carry out this subpart, including rules and regulations relating to the order of priority in approving applications for construction projects and relating to determining the amount of each grant for such projects. Post, p. 2408. "(f) In establishing criteria for grants pursuant to section 393 and in establishing procedures relating to the order of priority established in subsection (e) in approving applications for grants, the Secretary shall give special consideration to applications which would increase minority and women's ownership of, operation of, and par-

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