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<br />Page 20 of 44 <br /> <br />not alter the Subgrantee to charge a profit, fee, or other incremental charge above the actual cost incurred <br />by the Subgrantee. See NTIA BEAD NOFO V.H.2.b. <br /> <br />33. Ensuring Timely and Effective Deployment of BEAD Projects <br />The Grantee, and any agency, instrumentality, or subdivision thereof, agrees not to enforce any law, <br />regulation, executive order, contracting requirement, or other enforceable obligation that directly or <br />indirectly regulates in any way the rates, terms, and conditions of broadband internet service, whether on <br />a retail, wholesale, or network basis, or imposes net neutrality rules, open access, or other utility-style <br />rules on broadband internet service, against the Subgrantee or its affiliates anywhere it provides service <br />within the Grantee’s jurisdiction, while that Subgrantee has any subgrant that is still within its period of <br />performance, extended period of performance, or federal interest period. For purposes of this provision, a <br />“net neutrality rule” is any law, order, contracting requirement, or other enforceable obligation by the <br />Grantee that prohibits internet service providers from, among other things, blocking content, throttling <br />speeds, imposing data caps, or engaging in paid prioritization, or that imposes a general conduct or <br />similar standard upon internet service providers. <br /> <br />34. Additional Transparency Requirements for Government- <br />Owned Networks (GON) to Ensure Financial Transparency <br />and the Managerial Capacity of GON Subgrantees <br />The following requirements apply to any and all GON’s. COMMERCE understands “municipally-owned <br />or partially municipally owned Subgrantees (government owned networks or “GONs”)” to mean <br />networks owned or partially owned by local government entities that are instrumentalities of the State <br />of Washington, and to exclude federally recognized sovereign Tribes and instrumentalities owned or <br />partially owned by such Tribes or Tribal governmental entities. <br />A. Measures to Ensure the Financial and Managerial Capacity of GON Subgrantees (Financial and <br />Managerial Capacity Terms) <br />Before the Grantee releases BEAD funds to any GON Subgrantee that is a municipality, such a <br />Subgrantee must: <br />1. establish a broadband affiliate that is financially and operationally separate from the electric <br />utility or any other public utility; <br />2. establish an independent account for the municipality’s operations of BEAD-supported <br />broadband service; <br />3. establish strict accounting measures to ensure market-based transactions between the <br />municipality, and any of its utilities or affiliate(s); and submit and comply with a public cost <br />allocation manual; <br />4. establish internal policies for inter-departmental or inter-utility loans that include interest rate <br />and repayment terms; and