110 STAT. 1110 PUBLIC LAW 104-127—APR. 4, 1996 "(ii) neither retain from the proceeds of a loan provided under subparagraph (A), nor assess a qualify- ing entity under paragraph (1), any amount except as may be required to pay the actual costs incurred in administering the loan or making the system or facility available. "(3) APPEAL. —I f the Secretary rejects the application of a borrower who applies for a cost of money loan or grant under this section, the borrower may appeal the decision to the Secretary not later than 10 days after the borrower is notified of the rejection. "(4) ASSISTANCE TO PROVIDE OR IMPROVE SERVICES.— F inancial assistance may be provided under this chapter for a facility regardless of the location of the facility if the Secretary determines that the assistance is necessary to provide or improve telemedicine services or distance learning services in a rural area. "(d) PRIORITY. —The Secretary shall establish procedures to prioritize financial assistance under this chapter considering— "(1) the need for the assistance in the affected rural area; "(2) the financial need of the applicant; "(3) the population sparsity of the affected rural area; "(4) the local involvement in the project serving the affected rural area; "(5) geographic diversity among the recipients of financial assistance; "(6) the utilization of the telecommunications facilities of any telecommunications provider serving the affected rural area; "(7) the portion of total project financing provided by the applicant from the funds of the applicant; "(8) the portion of project financing provided by the applicant with funds obtained from non-Federal sources; "(9) the joint utilization of facilities financed by other financial assistance; "(10) the coordination of the proposed project with regional projects or networks; "(11) service to the greatest practical number of persons within the general geographic area covered by the financial assistance; "(12) conformity with the State strategic plan as prepared under section 38 ID of the Consolidated Farm and Rural Development Act; and "(13) other factors determined appropriate by the Secretary. Federal Register, " (e) MAXIMUM AMOUNT OF ASSISTANCE TO INDIVIDUAL RECIPI- publication. ENTS. —The Secretary may establish the maximum amount of financial assistance to be made available to an individual recipient for each fiscal year under this chapter, by publishing notice of the maximum amount in the Federal Register not more than 45 days after funds are made available for the fiscal year to carry out this chapter. "(f) USE OF FUNDS.—Financial assistance provided under this chapter shall be used for— "(1) the development and acquisition of instructional programming; "(2) the development and acquisition, through lease or purchase, of computer hardware and software, audio and visual
�
