Considerations relevant to the exercise of SUTA discretionary provisions.

CFR · 2024-01-01 · US · Title 7

(a) In considering requests to make available financing with an interest (b) In considering a request for a non-duplication waiver, the Administrator will consider the offerings of all existing service providers to determine whether or not granting the non-duplication waiver is warranted. A waiver of non-duplication restrictions will not be given if the Administrator determines as a matter of financial feasibility that, taking into account all existing service providers, an applicant or RUS borrower would not be able to repay a loan or successfully implement a grant agreement. Requests for waivers of non-duplication restrictions will be reviewed by taking the following factors into consideration: (1) The size, extent and demographics of the duplicative area; (2) The cost of service from existing service providers; (3) The quality of available service; and (4) The ability of the existing service provider to serve the eligible service area. (c) Requests for waivers of matching fund requirements will be evaluated by taking the following factors into consideration: (1) Whether waivers or reductions in matching or equity requirements would make an otherwise financially infeasible project financially feasible; (2) Whether permitting a matching requirement to be met with sources not otherwise permitted in an affected program due to regulatory prohibition may be allowed under a separate statutory authority; and (3) Whether the application could be ranked and scored as if the matching

official document · source cfr-2024 · id 7:§ 1700.107