Kutak Rock partner Matthias Edrich, who chaired the project, and associate Jillian Christiansen  with other members of the National Association of Bond Lawyers (NABL), assisted in drafting a request for guidance concerning the provisions for the issuance of bonds to finance qualified broadband projects to the Internal Revenue Service (IRS). Several sections were added to the Infrastructure Investment and Jobs Act to encourage investment in high-speed broadband projects for underserved areas. These provisions are a welcome tool that has the potential to substantially reduce the digital divide between those who do and those who do not have access to affordable, reliable, and fast broadband. However, members of the NABL believe that administrative guidance or legislative amendments are necessary to address fundamental interpretational concepts in section 142(n) of the Code. Several aspects of this section have proven difficult to apply. Only some projects for expanding broadband service have moved forward under section 142(n) of the Code.

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