Any new construction or substantial rehabilitation, as substantial rehabilitation is defined by 24 CFR 5.100 , of a building with more than 4 rental units and funded by a grant awarded after January 19, 2017 must include installation of broadband infrastructure, as this term is also defined in 24 CFR 5.100 , except where the owner determines and documents the determination that:
(a) The location of the new construction or substantial rehabilitation makes installation of broadband infrastructure infeasible;(b) The cost of installing broadband infrastructure would result in a fundamental alteration in the nature of its program or activity or in an undue financial burden; or(c) The structure of the housing to be substantially rehabilitated makes installation of broadband infrastructure infeasible.81 FR 92638, Dec. 20, 2016