Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 15 - Commerce and Foreign Trade |
Subtitle D - Regulations Relating to Telecommunications and Information |
Chapter XXIII - National Telecommunications and Information Administration, Department of Commerce |
Part 2301 - Public Telecommunications Facilities Program |
Subpart E - Completion of Projects |
§ 2301.23 - Completion of projects.
-
§ 2301.23 Completion of projects.
(a) Upon completion of a planning project, the grantee must promptly provide to the Agency two copies of any report or study conducted in whole or in part with funds provided under this program.
(1) This report shall meet the goals and objectives for which the grant is awarded and shall follow the written instructions and guidance provided by the Agency. The grant award goals and objectives are stated in the planning narrative as amended and are incorporated by reference into the award agreement.
(2) The Agency shall review this report for the extent to which those goals and objectives are addressed and met, for evidence that the work contracted for under the grant award was in fact performed, and to determine whether the written instructions and guidance provided by the Agency, if any, were followed.
(3) If the Agency determines that the report fails to address or meet any grant award goals or objectives, or if there is no evidence that the work contracted for was in fact performed, or if this report clearly indicates that the written instructions and guidance provided by the Agency, if any, were disregarded, then the Agency may pursue remedial action.
(4) An unacceptable final report may result in the disallowance of claimed costs and the establishment of an account receivable by the Department.
(b) Upon completion of a construction project, the grantee must:
(1) Certify that the grantee has acquired, installed, and begun operating the project equipment in accordance with the project as approved by the Agency, and has complied with all terms and conditions of the grant as specified in the Grant Award document;
(2) Certify that the grantee has obtained any necessary FCC authorizations to operate the project apparatus following the acquisition and installation of the apparatus and document the same;
(3) Certify and document that the facilities have been acquired, that they are in operating order, and that the grantee is using the facilities to provide public telecommunications services in accordance with the project as approved by the Agency;
(4) Certify that the grantee has obtained adequate insurance to protect the Federal interest in the project in the event of loss through casualty;
(5) Certify, if not previously provided, that the grantee has acquired all necessary leases or other site rights required for the project;
(6) Certify, if appropriate, that the grantee has qualified for receipt of funds from the Corporation for Public Broadcasting;
(7) Provide a complete and accurate final inventory of equipment acquired under the project and a final accounting of all project expenditures, including non-equipment costs (e.g., installation costs); and
(8) Execute and record a final priority lien, if required by PTFP, reflecting the completed project and assuring the Federal government's reversionary interest in all equipment purchased under the grant project for the duration of the Federal interest period.
(c) When an applicant completes a construction project, the Agency will assign a completion date that the Agency will use to calculate the termination date of the Federal interest period. The completion date will usually be the date on which the project period expires unless the grantee certifies in writing prior to the project period expiration date that the project is complete and in accord with the terms and conditions of the grant, as required under § 2301.23(b)(1). If the PTFP Director determines that the grantee improperly certified the project to be complete, the PTFP Director will amend the completion date accordingly.