§ 392.
(a)
Applications for grants
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, 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 educational 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 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 primarily for the provision of public telecommunications services, and that the use of such public telecommunications facilities for purposes other than the provision of public telecommunications services will not interfere with the provision of such public telecommunications services as required in this part;
(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.
(g)
Recovering funds
If, within 10 years after completion of any project for construction of public telecommunications facilities with respect to which a grant has been made under this section—
(1)
the applicant or other owner of such facilities ceases to be an agency, institution, foundation, corporation, association, or other entity described in subsection (a)(1); or
(2)
such facilities cease to be used primarily for the provision of public telecommunications services (or the use of such public telecommunications facilities for purposes other than the provision of public telecommunications services interferes with the provision of such public telecommunications services as required in this part);
the United States shall be entitled to recover from the applicant or other owner of such facilities the amount bearing the same ratio to the value of such facilities at the time the applicant ceases to be such an entity or at the time of such determination (as determined by agreement of the parties or by action brought in the United States district court for the district in which such facilities are situated), as the amount of the Federal participation bore to the cost of construction of such facilities.
([June 19, 1934, ch. 652], title III, § 392, as added [Pub. L. 87–447], May 1, 1962, [76 Stat. 65]; amended [Pub. L. 90–129, title I], §§ 102, 103(b)–(e), 104, Nov. 7, 1967, [81 Stat. 365–367]; [Pub. L. 94–309, § 4], June 5, 1976, [90 Stat. 683]; [Pub. L. 95–567, title I, § 103(a)], Nov. 2, 1978, [92 Stat. 2405]; [Pub. L. 97–35, title XII, § 1223], Aug. 13, 1981, [95 Stat. 725].)