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2. BROADBAND INFRASTRUCTURE <br />Under the ARPA, recipient governments may use SLFRF funds to make "necessary <br />investments in...broadband infrastructure." In the Supplementary Information to the interim final <br />rule, Treasury interpreted necessary investments in infrastructure as investments "designed to <br />provide an adequate minimum level of service and [that] are unlikely to be made using private <br />sources of funds." Treasury explained that, with respect to broadband specifically, such <br />necessary investments include projects that "establish [] or improve [] broadband service to <br />underserved populations to reach an adequate level to permit a household to work or attend <br />school, and that are unlikely to be met with private sources of funds." <br />Summary of Interim Final Rule, Public Comments, and Treasury Response <br />Summary of Interim Final Rule: In implementing the ARPA, the interim final rule <br />provided that eligible broadband infrastructure investments are limited to those that are designed <br />to provide service to unserved or underserved households or businesses, defined as those that <br />lack access to a wireline connection capable of reliably delivering at least minimum speeds of 25 <br />Mbps download and 3 Mbps upload. The interim final rule also provided that eligible projects <br />under the SLFRF are limited to those that are designed to deliver, upon project completion, <br />service that reliably meets or exceeds symmetrical upload and download speeds of 100 Mbps. In <br />instances where it would not be practicable for a project to deliver such service speeds because <br />of the geography, topography, or excessive costs associated with such a project, the interim final <br />rule provided that the project would be required to be designed to deliver, upon project <br />completion, service that reliably meets or exceeds 100 Mbps download speed and between at <br />294 <br />