Staff Report_BEAD Agreement with State

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Page 17 of 44 23. Prohibition on Use for Covered Communications Equipment or Services A Grantee or Subgrantee (including contractors and subcontractors of Subgrantees) may not use BEAD grant funds (including non-Federal cost share) to purchase or support any communications equipment or service covered by either the Secure and Trusted Communications Networks Act of 2019 (47 USC 1608) or 2 CFR 200.216 (Prohibition on certain telecommunications and video surveillance services or equipment). 24. Network Capabilities Pursuant to 47 U.S.C. § 1702(g)(1)(A), which directs the Assistant Secretary to establish quality-of- service standards to which each Subgrantee must comply, each subgrantee shall ensure that every Funded Network meets the criteria related to speed and latency and network outages outline in the NOFO IV.C.2.a. and in the Performance Measures for BEAD Last Mile Networks Policy Notice (and any future amendments). 25. Access to Service Pursuant to 47 U.S.C. § 1702(g)(2)(C)(ii), operators of Funded Networks shall provide access to broadband service to each customer served by the project that desires broadband service on terms and conditions that are reasonable and non-discriminatory. 26. Public Notice Pursuant to 47 U.S.C. § 1702(h)(4)(G), Subgrantees shall carry out public awareness campaigns in their service areas that are designed to highlight the value and benefits of broadband service in order to increase the adoption of broadband service by consumers, including information about low-cost broadband service options for eligible subscribers. Once a Funded Network has been deployed, each Subgrantee shall provide public notice, online and through other means, of that fact to individuals residing in the locations to which broadband service has been provided and share the public notice with the WSBO. 27. Deployment and Provision of Service Requirements Pursuant to 47 U.S.C. § 1702(h)(4)(D), any Funded Network deployment project that involves laying fiber- optic cables or conduit underground or along a roadway must include interspersed conduit access points at regular and short intervals. If a Subgrantee, at any time, is no longer able to provide broadband service to the end user locations covered by the subgrant on a retail basis remedial action will be taken to ensure continuity of service. In this situation, the WSBO shall consult with NTIA and shall sell the network capacity at a reasonable, wholesale rate on a nondiscriminatory basis to other broadband service providers or public sector entities. 28. Encumbrances Subject to the exception below, Subgrantees must not encumber property without prior disclosure to and approval from NTIA and NIST. Subgrantees may not enter into any encumbrances that interfere with the construction, intended use, operation, or maintenance of grant funded property during Federal Interest Period set forth in Term 32 of Special Terms and Conditions below. The following exception applies to