---
kind: "section"
citation: "7 C.F.R. § 1738.105"
title: "7"
number: "1738.105"
heading: "Priorities for approving assistance."
url: "https://uscodex.org/cfr/7/1738.105"
---

# §1738.105. Priorities for approving assistance.

- (a) The Agency will compare and evaluate all applications for assistance and shall give priority to applications in the manner set out in [paragraphs (a)(1) through (4)](#a-1..a-4) of this section, which shall be scored as outlined in a notice published in the Federal Register. (Note that for applications containing multiple proposed funded service areas, the percentage will be calculated combining all proposed funded service areas.)
  - (1) Applicant's providing broadband service to rural areas that do not have access to service of at least 10 Mbps upstream and 1 Mbps downstream.
  - (2) Projects that provide the maximum level of broadband service to the greatest proportion of rural households.
  - (3) **Projects that—**
    - (i) **Serve rural areas—**
      - (A) With a population of less than 10,000 permanent residents;
      - (B) Are experiencing outmigration and have adopted a strategic community investment plan under [section 379H(d)](/cfr/7/379H.md?p=d) of the Consolidated Farm and Rural Development Act ([7 U.S.C. 2008v](/usc/7/2008v.md)) that includes considerations for improving and expanding broadband service;
      - (C) With a high percentage of low-income families or persons (as defined in section 501(b) of the Housing Act of 1949 ([42 U.S.C. 1471(b)](/usc/42/1471.md?p=b)));
      - (D) That are isolated from other significant population centers; or
      - (E) That provide rapid and expanded deployment of fixed and mobile broadband on cropland and ranchland within a service territory for use in various applications of precision agriculture; and
    - (ii) Were developed with the participation of, and will receive a substantial portion of the funding for the project from two or more stakeholders, including:
      - (A) State, local, and tribal governments;
      - (B) Nonprofit institutions; and
      - (C) Community anchor institutions, such public libraries, schools, institutions of higher education, health care facilities, private entities, philanthropic organizations and cooperatives.
  - (4) **New construction projects requesting no refinancing.**
- (b) The Agency may assign special consideration priority points that will be issued in a notice in the Federal Register with respect to any funding opportunity.
- (c) With respect to two or more applications that have the same priority, as outlined in paragraphs [(a)](#a) and [(b)](#b) of this section, the Agency shall give priority to the application that requests the least amount of grant funding as calculated based on the total amount of grant funds requested.

## Notes

### Authority

Authority: 7 U.S.C. 901 et seq.

### Source

Source: 85 FR 14398, Mar. 12, 2020, unless otherwise noted.