; or (II) there is an enforceable commitment by a provider of broadband internet access service to provide such service in the area, even if the service is not yet available, unless the provider is not meeting any applicable build-out deadlines. (4) Additional requirements A State, Tribal government, or unit of local government may not award a grant from funds provided under a payment made under this section for the deployment of infrastructure for the provision of broadband internet access service unless the State, Tribal government, or unit of local government— (A) at least 90 days before awarding such grant, provides public notice, and an opportunity for challenge that begins on the date on which such public notice is provided and ends on the date that is 90 days thereafter, of which areas have been determined to be unserved areas under paragraph (3)(B) for purposes of the awarding of such grant; (B) awards such grant in a technologically neutral manner; (C) does not require a provider of broadband internet access service to be designated as an eligible telecommunications carrier under section 214(e) of the Communications Act of 1934 ( 47 U.S.C. 214(e) ) as a condition of receiving grant funds; (D) does not require a provider of broadband internet access service to meet any requirement relating to the provision of such service (including an open access or rate requirement) as a condition of receiving grant funds, except for a requirement that applies to providers of broadband internet access service as of the date of the enactment of this subsection; (E) prohibits a provider of broadband internet access service from using grant funds to repay, or make any other payment relating to, a loan made by any public or private lender