Federal Register: July 8, 2009 (Volume 74, Number 129)
DOCID: fr08jy09-44 FR Doc E9-16103
DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration
RIN ID: RIN 0660-ZA29
NOTICE: NOTICES
DOCID: fr08jy09-44
DOCUMENT ACTION: Notice of funds availability (Notice) and solicitation of applications.
SUBJECT CATEGORY:
State Broadband Data and Development Grant Program
DATES: Applications will be accepted from July 14, 2009 at 8 a.m. Eastern Time (ET) until August 14, 2009 at 11:59 p.m. ET.
DOCUMENT SUMMARY:
The National Telecommunications and Information Administration (NTIA), U.S. Department of Commerce, publishes this Notice to announce the availability of funds pursuant to the American Recovery and Reinvestment Act of 2009 (Recovery Act), Public Law 1115 (Feb. 17, 2009), and the Broadband Data Improvement Act (BDIA), Title I of Public Law 110385, 122 Stat. 4096 (Oct. 10, 2008) and to provide guidelines for the State Broadband Data and Development Grant Program (State Broadband Data Program or Program). The State Broadband Data Program is a competitive, meritbased matching grant program that effects the joint purposes of the Recovery Act and the BDIA by funding projects that collect comprehensive and accurate Statelevel broadband mapping data, develop Statelevel broadband maps, aid in the development and maintenance of a national broadband map, and fund statewide initiatives directed at broadband planning.
SUMMARY:
State Broadband Data and Development Grant Program
SUPPLEMENTAL INFORMATION
Catalog of Federal Domestic Assistance (CFDA) Number: 11.558.
Additional Items in Supplementary Information:
I. Overview: Describes the statutory origin of the broadband mapping requirement under the Recovery Act, the applicability of the BDIA, the structure of the Program and the public comment process.
II. Funding Opportunity Description: Provides a more thorough description of the Program, including a description of mapping and planning priorities, and the application review process.
III. Definitions: Sets forth the key terms and other terms used in this Notice.
IV. Award Information: Describes funding availability and other award information.
V. Eligibility Information: Discusses eligibility criteria, including the 20 percent match, confidentiality requirements, and funding restrictions.
VI. Application and Submission Information: Provides information about how to apply, application materials, and the application process.
VII. Application Review Information: Establishes the scoring criteria for evaluating applications.
VIII. Anticipated Award Dates: Identifies the initial award announcement and award dates for Program awards.
IX. Award Administration Information: Provides award notice information, administrative requirements, terms and conditions, and other reporting requirements for award recipients.
X. Other Information: Sets forth guidance on funding, compliance with various laws, regulations and other such requirements. I. Overview
A. The Recovery Act: Section 6001(l) of the Recovery Act requires
the Assistant Secretary to develop and maintain a comprehensive,
interactive, and searchable nationwide inventory map of existing
broadband service capability and availability in the United States that
depicts the geographic extent to which broadband service capability is
deployed and available from a commercial or public provider throughout
each State.\1\ The Recovery Act requires the Assistant Secretary to
make the national broadband map accessible by the public on an NTIA Web
site no later than February 17, 2011.\2\ The Recovery Act authorizes
NTIA to expend up to $350 million pursuant to the BDIA and for the
purposes of developing and maintaining a broadband inventory map.\3\
Implementation of the BDIA is useful to fulfill Congress' intent to
develop a national broadband map as expressed and funded under the Recovery Act.
\1\ Recovery Act section 6001(l), 123 Stat. at 516. See Section
IV for the definition of ``State'' and other relevant definitions. \2\ Id.
\3\ Recovery Act, Title II, Div. A, 123 Stat. at 123 (to be codified at 47 U.S.C. 1301).
B. The BDIA: The BDIA is intended to improve data on the deployment
and adoption of broadband service to assist in the extension of
broadband technology across all regions of the United States.\4\
Section 106 of the BDIA directs the Secretary of Commerce to establish
the State Broadband Data Program and to award grants to eligible
entities to develop and implement statewide initiatives to identify and
track the adoption and availability of broadband services within each
State.\5\ In effecting this purpose, the BDIA provides several eligible
uses for grant funds, including uses related to the gathering of
broadbandrelated data at the State level and the development of statewide broadband maps.\6\
\4\ BDIA Sec. 102, 122 Stat. at 4096.
\5\ BDIA Sec. 106(b), 122 Stat. at 4099. The Secretary
delegated his authority to meet the obligations of Section 106 of
the BDIA to the Assistant Secretary for Communications and Information (Assistant Secretary) on April 9, 2009.
\6\ The BDIA authorizes the Secretary to make grants to eligible
entities for the following eligible uses: (1) To develop and provide
a baseline assessment of broadband deployment in each State; (2) to
identify and track the areas with low levels of deployment, the rate
at which residential and business users adopt broadband service and
other related information technology services, and possible
suppliers of such services; (3) to identify barriers to the adoption
of broadband service and information technology services; (4) to
identify the available speeds for broadband connection; (5) to
create and facilitate by county or designated region in a State,
local technology planning teams; (6) to collaborate with broadband
service providers and information technology companies to encourage
deployment and use; (7) to establish computer ownership and Internet
access programs in unserved and areas with lower than average
penetration on a national basis; (8) to collect and analyze detailed
market data concerning use and demand for broadband service; (9) to
facilitate information exchange regarding use and demand for
broadband services between public and private sector users; and (10)
to create within each State a geographic inventory map of broadband service. BDIA Sec. 106(e), 122 Stat. at 41004101.
C. The State Broadband Data Program: In keeping with the Recovery Act's direction that NTIA develop and maintain a comprehensive and interactive national broadband map and the requirements of the BDIA, NTIA has established this grant program. Awardees under this Program will receive grants to fund their collection of broadbandrelated data as well as funding for planning programs at the State level. Awardees will use the broadbandrelated data that they collect to develop statewide broadband maps, which will be linked to a Department of Commerce Web page. In addition, the awardees will submit all of their collected data to NTIA for use by NTIA and the Federal Communications Commission (FCC) in developing and maintaining the national broadband map, which will be displayed on an NTIA Web page before February 17, 2011.
NTIA's decisions are based on the statutory requirements of the Recovery Act and are informed by NTIA's own expertise, the expertise of other Federal agencies, including the FCC, and public comment.
D. Public Comment: On March 10, 2009, NTIA, the FCC, and the U.S.
Department of Agriculture's Rural Utilities Service (RUS) cosponsored a
public meeting to initiate public outreach about the current
availability of broadband service in the United States and ways in
which the availability of broadband service could be expanded.\7\ The
March 10th meeting was followed by the release of a Request for
Information (RFI) and six days of additional public meetings and field
hearings during March.\8\ The RFI requested the submission of
information on a broad range of topics including topics related to
broadband mapping, the Recovery Act and the BDIA. The meetings and
hearings included nearly 120 panelists with representatives from
consumer and public interest groups, State and local governments,
tribal governments, minority and vulnerable populations, industry, academia and other institutions.
\7\ See Notice: American Recovery and Reinvestment Act of 2009 Broadband Initiatives, 74 FR 8914 (Feb. 27, 2009).
\8\ See Notice: American Recovery and Reinvestment Act of 2009
Broadband Initiatives, 74 FR 10716 (March 12, 2009). Agendas,
transcripts and presentations from each meeting are available on
NTIA's Web site at http://www.ntia.doc.gov/broadbandgrants/ meetings.html.
In response to the RFI and the public meetings, NTIA received over
1,000 comments from institutions and individuals on the broadband
initiatives funded by the Recovery Act.\9\ With regard to the issues
surrounding the State Broadband Data Program and the national broadband map that NTIA is
[[Page 32547]]
required to prepare under Section 6001(l) of the Recovery Act, NTIA
received more than 200 comments, many of which played a role in
formulating the structure of this Program. For further discussion and
explanation of the policy decisions involved in establishing this program, see the attached Policy Justification Appendix.
\9\ Agendas, transcripts, and presentations from each meeting
are available on NTIA's Web site at http://www.ntia.doc.gov/
broadbandgrants/meetings.html. All public comments in Docket No.
090309298929901 are on file with NTIA and may be viewed on NTIA's
Web site at http://www.ntia.doc.gov/broadbandgrants/comments.cfm. II. Funding Opportunity Description
A. Program Description: The State Broadband Data Program is a competitive, meritbased matching grant program that implements the joint purposes of the Recovery Act and the BDIA through the award of grants. This Program is designed to fund projects that gather comprehensive and accurate Statelevel broadband mapping data, develop Statelevel broadband maps, aid in the development and maintenance of a national broadband map, and fund statewide initiatives for broadband planning.
While the BDIA mandates that each State may have only a single eligible entity, each applicant will be carefully evaluated against a program standard. Any applicant that fails to meet the program standard will not receive grant funding; therefore, the efficient fulfillment of the goals of the Recovery Act and the BDIA will be advanced by the submission of a qualifying application from each State highly responsive to the review criteria contained in this Notice. In the event that a State fails to produce a grant awardee, NTIA reserves the right to perform the necessary broadband data collection.
1. Use of Collected Broadband Data by Awardees. Awardees may use the data collected under this Program for any lawful use consistent with the requirements of this Program, including the confidentiality restrictions contained herein, and existing agreements between the awardee, the State, and broadband service providers. It is expected, however, that, in addition to providing all collected data to NTIA, applicants will use the data to develop and maintain a statewide broadband map that will be separate and distinct from the national broadband map and will be tailored to suit the needs of the particular State. Though it will be separate and distinct from the national broadband map, applicants must provide NTIA with a hypertext link to the State maps for display on a Web page on the Department of Commerce Web site.
2. Use of Collected Broadband Data by NTIA and the FCC. The data
collected under this Program will be used for public purposes and also
utilized by governmental entities. For example, because of its value in
identifying appropriate areas for broadband investment and economic
stimulus, the collected data will inform NTIA's grantmaking decisions
under the Broadband Technology Opportunities Program (BTOP). The
national broadband map that will be developed and maintained using
these and other data will publicly display the following information
about broadband service available from a public or private provider:
(a) Geographic areas in which broadband service is available;
(b) The technologies used to provide broadband service in such areas;
(c) The spectrum used for the provision of wireless broadband service in such areas;
(d) The speeds at which broadband service is available in such areas; and
(e) Broadband service availability at public schools, libraries,
hospitals, colleges and universities and all public buildings owned or
leased by agencies or instrumentalities of the States or municipalities
or other subdivisions of the States and their respective agencies or instrumentalities.
The national map will also be searchable by address. To the greatest extent possible, at every address, the type and speed of broadband service will be provided. For providers of wireless broadband service, the spectrum used for the provision of service will be provided. If the applicable broadband service provider so chooses, the provider's identity will also be available, otherwise the map will simply display that an anonymous provider utilizing a particular type of technology is providing service to a location. Furthermore, to the extent possible, the service areas of individual providers will be aggregated with other providers of the same technology type.
Though collected under this Program, data concerning the Average
Revenue Per User (ARPU) and data regarding the type, technical
specification, or location of infrastructure owned, leased, or used by
a broadband service provider will not be displayed on the public
national broadband map.\10\ The above paragraphs notwithstanding, if
provider consent is granted, NTIA may display the above provider specific information on the national broadband map.
\10\ However, NTIA is considering methods for displaying some pricing data that will be collected through other avenues.
In addition to the above broadbandrelated information, the
national broadband map may display a wide range of additional,
economic, and demographic data derived from other sources. Such data, however, are not the subject of this Notice.
B. Program Priorities:
1. Broadband Mapping. With respect to this Program, NTIA's highest priority is the development and maintenance of a national broadband map. Therefore, NTIA intends to fund highquality projects that are designed to gather data at the addresslevel on broadband availability, technology, speed, infrastructure, ARPU, and, in the case of wireless broadband, the spectrum used, across the project areas. NTIA has determined that the BDIA's eligible uses regarding Statespecific data collection and geographic inventory broadband mapping activities are encompassed within the broadband mapping grant guidelines described herein. Successful projects must propose: (a) To provide comprehensive and verifiable data meeting the Program standards as published in this Notice, such data will be accessible and clearly presented to NTIA, the public, and State and local governments without unduly compromising data or the protection of Confidential Information as defined in this notice; (b) a workable and sustainable framework for repeated updating of data; (c) a plan for collaboration with Statelevel agencies, local authorities, and other constituencies, as well as a proposal for planning projects designed to identify and address broadband challenges in the State; (d) feasible projects as demonstrated by a reasonable and costefficient budget, and a showing of applicant capacity, knowledge and experience; and (e) a timeline for expedient data delivery.
2. Broadband Planning. Only applications that meet the broadband
mapping purposes set forth in the above paragraph will be considered
for planning funding, and mapping proposals do not need to include a
planning component. However, applicants may propose projects or award
uses that relate to an enumerated BDIA purpose described in Section I
of this Notice that addresses a need in their State. Any proposed use
of funds that is not directed towards the collection of data for, or
the development and maintenance of, the State or national broadband map
will be considered a planning use. There is a presumption that the BDIA
purposes involving the identification of barriers to the adoption of
broadband service and information technology services, the creation and
facilitation of local technology planning teams, and the establishment of computer ownership
[[Page 32548]]
and Internet access programs are not mappingrelated and therefore are
only eligible for broadband planning funding. However, applicants may
demonstrate in their applications how a use under such categories will
inform the collection of broadband data or development of State and
national broadband maps. Broadband planning funds will be limited, and
broadband planningrelated uses under any grant application budget may not exceed $500,000.
C. Review and Selection Processes:
The review process involves the three stages outlined below. NTIA anticipates that the processing and selection of applications for funding will require one (1) month from the date of submission.
1. Eligibility. Upon receipt, NTIA will screen applications for factors determining eligibility as described in the section entitled ``Eligibility Information'' below. In the case that NTIA determines that an application fails to address adequately any eligibility criteria before the application deadline, NTIA may alert the applicant of such deficiency and the applicant may revise such application before the application deadline to comply with Program requirements. However, NTIA has no affirmative obligation to notify applicants of a deficient application and will not be held responsible for any deficiencies that are not remedied in a timely manner.
2. Technical Review. Each eligible application will be reviewed by a panel of at least three peer/expert reviewers who have demonstrated expertise in both the programmatic and technological aspects of the Program. The peer/expert review panel members will individually evaluate applications according to the review criteria provided in Section VII of this Notice and provide ratings to the Program staff. Each peer/expert reviewer will be required to sign and submit a nondisclosure and confidentiality form to prevent the dissemination of Confidential Information, and to prevent financial and other conflicts of interest.
3. Programmatic Review and Revision Process. Following the Technical Review, each eligible application will be reviewed by Program staff for policy determinations and conformity with programmatic goals. Program staff will analyze applications considered for award to assess: (a) Whether a proposed project meets the Program's funding constraints; (b) the eligibility of costs and matching funds included in an application's budget; and (c) the extent to which an application complements or duplicates projects previously funded or under consideration by NTIA or other Federal programs. Following this programmatic review, Program staff may contact an eligible applicant to discuss any recommended adjustments or revisions to their applications necessary to better meet Program goals. Revisions are intended to resolve any differences that exist between the applicant's original request and what the State Broadband Data Program proposes to fund and, if necessary, to clarify items in the application. Staff may also request additional corroborating documentation from applicants. These documents will be reviewed by Program staff with the support of external engineering, design, information technology, geographic information systems, broadband, and other subjectmatter experts to evaluate the consistency of the applications with the supporting documents and ensure that applications merit State Broadband Data Program awards.
Upon the conclusion of the programmatic review and revision
process, each application will continue through the selection process.
The Program Director will prepare and present a slate of recommended
grant awards to the Associate Administrator for review and approval. The Program Director's recommendations and the Associate
Administrator's review and approval of those recommendations will take into account the selection factors listed below.
Upon approval by the Associate Administrator, the Program Director's recommendations will be presented to the Selecting Official, the Assistant Secretary. The Assistant Secretary selects the applications for grant award, taking into consideration the Program Director's recommendations and the degree to which the slate of applications, taken as a whole, satisfies the selection factors described below and the Program's stated purposes as set forth in the section entitled ``Program Description.''
The Selecting Official will issue awards after considering the following selection factors:
(a) The evaluations of the peer/expert reviewers;
(b) The analysis of Program staff;
(c) The degree to which the proposed grants meet the Program's purpose as described in this Notice;
(d) Avoidance of redundancy and conflicts with the initiatives of other Federal agencies; and
(e) The availability of funds.
III. Definitions
For the purposes of this Program, NTIA has adopted the following definitions for the State Broadband Data Program, many of which were developed for BTOP, pursuant to Recovery Act Section 6001(a). Applicants for these grants should refer to the following definitions when completing their applications:
Applicant. An entity requesting approval for an award under this Notice.
ARPU. Average Revenue Per User. Average Revenue Per User for this Program is as defined in the Technical Appendix.
Assistant Secretary. The Assistant Secretary for Communications and Information, National Telecommunications and Information
Administration, Department of Commerce, or the Assistant Secretary's designee.
Associate Administrator. The Associate Administrator of the National Telecommunications and Information Administration, Department of Commerce/the Director of the Office of Telecommunications and Information Applications, or the Associate Administrator's designee.
Available. Broadband service is ``available'' to an end user at an
address if a broadband service provider does, or could, within a
typical service interval (7 to 10 business days) without an
extraordinary commitment of resources, provision twoway data
transmission to and from the Internet with advertised speeds of at
least 768 kilobits per second (kbps) downstream and at least 200 kbps upstream to the end user at the address.
Award. A grant made under this Notice by NTIA.
Awardee. A recipient of an Award under this Notice; a grantee.
Broadband. Data transmission technology that provides twoway data transmission to and from the Internet with advertised speeds of at least 768 kilobits per second (kbps) downstream and at least 200 kbps upstream to end users, or providing sufficient capacity in a middle mile project to support the provision of broadband service to end users within the project area.
Broadband Service. The provision of broadband on either a commercial or noncommercial basis.
BTOP. The Broadband Technology Opportunities Program, administered by NTIA, under Section 6001 of the Recovery Act.
Community Anchor Institutions. Schools, libraries, medical and healthcare providers, public safety entities, community colleges and other institutions of higher education, and other community support organizations and entities.
[[Page 32549]]
Confidential Information. Any information, including trade secrets, or commercial or financial information, submitted under this Program that: (1) Identifies the type and technical specification of infrastructure owned, leased, or used by a specific broadband service provider; (2) identifies the average revenue per user (ARPU) for a specific broadband service provider; or (3) explicitly identifies a broadband service provider in relation to its specific Service Area or at a specific Service Location. For example, a broadband service provider's specific service ``footprint'', as identified with such provider, will be considered Confidential Information for the purposes of this Program and will either (a) be aggregated with other available providers of the same technology type before being published in the national broadband map, in which case the map would only display the aggregated list of providers that have consented to have their names displayed for such service area; or (b) in the absence of other providers of the same technology type with which a provider's specific service ``footprint'' can be aggregated, be displayed without providing the provider's identity, unless the provider gives its consent. NTIA and the FCC may otherwise aggregate, combine or mask broadband service provider data, and take other steps so as to make such data suitable for public release.
Notwithstanding the foregoing, Confidential Information, as defined herein and as provided as part of a project funded under this Program, will not be made publicly available, pursuant to the limitations set forth in the BDIA, except as required by applicable law or judicial or administrative action or proceeding, including the Freedom of Information Act requirements.\11\
\11\ BDIA Sec. 106(h), 122 Stat. at 4101.
Data. Statistics, figures, descriptions, maps, geographic coordinates, or other such information relating to the provision of broadband services.
End User. A residential or business party, institution or State or local government entity, including a Community Anchor Institution, that may use broadband service for its own purposes and that does not resell such service to other entities or incorporate such service into retail Internetaccess services. Internet Service Providers (ISPs) are not ``end users'' for this purpose.
InKind Contribution. Qualifying noncash donations, including thirdparty inkind contributions, of property, goods or services, which benefit a Federally assisted project, and which may count toward satisfying the nonFederal matching requirement. See the section entitled ``Eligibility Information'' below for a full discussion of the Program's treatment of inkind contributions and the Federal structure for determining when a contribution qualifies.
PreAward Costs. Reasonable costs incurred after the enactment of the Recovery Act (February 17, 2009) but prior to the effective date of the award directly pursuant to and in anticipation of the award where such costs are necessary to comply with the proposed delivery schedule or period of performance. Such costs are allowable only to the extent that they would have been allowable if incurred after the date of the award, and only with the written approval of NTIA.
Recovery Act. The American Recovery and Reinvestment Act of 2009, Public Law 1115, 123 Stat. 115 (2009).
Rural Area. Any area, as confirmed by the latest decennial census
of the Bureau of the Census, which is not located within: (i) A city,
town, or incorporated area that has a population of greater than 20,000
inhabitants; or (ii) an urbanized area contiguous and adjacent to a
city or town that has a population of greater than 50,000 inhabitants.
For purposes of the definition of rural area, an urbanized area means a
densely populated territory as defined in the latest decennial census of the U.S. Census Bureau.
Secretary. The Secretary of Commerce.
Service Area. The entire area within which an existing service provider offers broadband service.
Service Location. The specific geographic point or location at which a service provider offers broadband service, such as a specific residence or business.
State. A State, the District of Columbia, or a territory or possession of the United States. For the purposes of the designation of an eligible entity, the term ``State'' will be interpreted to mean the Governor or in the absence of a designation by the Governor, the Legislature, officer, or executive agency within the State that the Governor or State Constitution authorizes to take binding action for the State. In the case State, the District of Columbia, or a territory or possession of the United States, the terms Governor, Legislature or State Constitution shall mean their respective functional equivalents.
Substantially Complete Data Set. A data set is substantially complete when it contains data on broadband services provided by (a) 70 percent of broadband service providers in a State; (b) to 80 percent of households in a State; (c) to 90 percent of households in rural areas of the State; and (d) to 95 percent of public Community Anchor Institutions.
Underserved Area. An area composed of one or more contiguous census
blocks meeting certain criteria that measure the availability of
broadband service and the level of advertised broadband speeds.\12\
Specifically, an area is underserved if at least one of the following
factors is met, though the presumption will be that more than one
factor is present: (i) No more than 50 percent of households in the
service area have access to facilitiesbased terrestrial broadband
service at greater than the minimum broadband transmission speed (set
forth in the definition of broadband above); (ii) no fixed or mobile
broadband service provider advertises broadband transmission speeds of
at least three megabits per second (``mbps'') downstream in the area;
or (iii) the rate of broadband subscribership for the area is 40
percent of households or less.\13\ A household has access to broadband
service if the household can readily subscribe to that service upon request.
\12\ Census blocks are the smallest geographic areas for which
the U.S. Bureau of the Census collects and tabulates decennial
census data. Census blocks are formed by streets, roads, railroads,
streams and other bodies of water, other visible physical and
cultural features, and the legal boundaries shown on Census Bureau
maps. Census data at this level serve as a valuable source for
smallarea geographic studies. See the Census Bureau's Web site at
http://www.census.gov for more detailed information on its data gathering methodology.
\13\ These criteria conform to the two distinct components of
the BIP and BTOP categories of eligible projectsLast Mile and Middle Mile.
Unserved Area. An area composed of one or more contiguous census blocks where at least 90 percent of households in the service area lack access to facilitiesbased terrestrial broadband service, either fixed or mobile, at the minimum broadband transmission speed (set forth in the definition of broadband above). A household has access to broadband service if the household can readily subscribe to that service upon request.
IV. Award Information
A. Funding Availability and Estimated Funding: The Recovery Act
authorizes NTIA to expend up to $350 million for the purposes of
developing and maintaining a broadband inventory map and pursuant to
the BDIA.\14\ NTIA expects grant awards to range between $1.9 million
and $3.8 million per State for the mapping portion of each project, [[Page 32550]]
and up to $500,000 for the planning portion of each project. The exact
size of any award will depend on the specifics of each project, the
quality of each project as determined in NTIA's review, as well as
demographic and geographic features unique to each State. Project
budgets will be carefully reviewed to ensure that they are appropriate
given the specifics of the project and the project State. Fiscally
irresponsible budgets will be detrimental to an application. Any funds
not expended under this Program will be reallocated to BTOP purposes. \14\ Recovery Act, Title II, Div. A. 123 Stat. at 128.
Publication of this Notice does not obligate NTIA to award any specific project or obligate all or any parts of any available funds.
B. Award Period: All awards under this Program must be made no
later than September 30, 2010. The period of performance will be five (5) years from the date of award.
C. Type of Funding Instrument: Grant.
V. Eligibility Information
A. Eligible Applicants: Pursuant to the BDIA, eligible recipients of State Broadband Data Program grants are:
(a) Entities that are either (i) an agency or instrumentality of a
State, or a municipality or other subdivision (or agency or
instrumentality of a municipality or other subdivision) of a State;
(ii) a nonprofit organization that is described in Section 501(c)(3) of
the Internal Revenue Code of 1986 and that is exempt from taxation
under Section 501(a) of such Code; or (iii) an independent agency or
commission in which an office of a State is a member on behalf of the State; and
(b) The single eligible entity in the State that has been
designated by the State to receive a grant under this section.\15\ \15\ BDIA Sec. 106(i)(2)(B), 122 Stat. at 4102.
Matching Funds and Cost Sharing Requirements: Awardees under this Program will be required to provide and document at least 20 percent nonFederal matching funds toward the total eligible project cost.\16\ Applicants must document their capacity to provide matching funds. Matching funds may be in the form of either cash or inkind contributions consistent with 15 CFR 14.23, 24.3, and 24.24. Certain preaward costs may be credited towards an applicant's matching funds requirements. As provided in 48 U.S.C. 1469a, the requirement for local matching funds under $200,000 (including inkind contributions) is waived for the Territorial governments in Guam, American Samoa, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands. Grant funds under this Program will be released in direct proportion to the documented expenditure of matching funds. \16\ BDIA Sec. 106(c)(2), 122 Stat. at 4099. Generally, Federal funds may not be used as matching funds except as provided by Federal statute. See ``Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, Other Nonprofit, and Commercial Organizations,'' 15 CFR 14.23(a)(5); see also ``Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,'' 15 CFR 24.24(b)(1).
InKind Contributions. Inkind contributions, which include third
party inkind contributions, are noncash donations of property, goods
or services, which benefit a Federally assisted project, and which may
count toward satisfying the nonFederal matching requirement when they
meet certain criteria.\17\ The rules governing allowable inkind
contributions are very detailed and encompass a wide range of
properties and services. NTIA encourages grant applicants to consider
thoroughly potential sources of inkind contributions which, depending
on the particular property or service and the cost principles
applicable to the applicants' organization type, could include:
employee or volunteer services; equipment; supplies; indirect
costs;\18\ computer hardware and software; use of facilities;
expenditures for existing programs presented as part of the project
proposal under this Program. In addition, applicants may propose as in
kind contributions the ascertainable fair market value of data
previously collected and related to the BDIAeligible uses under this
Program. If data previously collected is to be claimed as an inkind
contribution, applicants must provide a basis for estimating fair
market value, including but not limited to the documented costs
incurred for data collection. NTIA reserves the right at its discretion
to provide inkind credit for an amount different than that claimed by the applicant.
\17\ 15 CFR 14.23, 24.3, 24.22, 24.24. See also OMB Circular A 87, ``Cost Principles for State, Local and Indian Tribal
Governments'' (Rev. May 10, 2004), OMB Circular A122, Cost
Principles for NonProfit Organizations (Rev. May 10, 2004), and 48 CFR pt. 31, ``Contract Cost Principles and Procedures.''
\18\ Reasonable indirect costs may be included as part of cost
sharing or matching only with the prior approval of NTIA. The amount
of indirect charges allocated to the budget is based on an
applicant's indirect cost rate. An applicant may already have an
indirect cost rate negotiated with a Federal agency, in which case,
that rate may be applied to the applicant's grant if it is current.
If it is not current, the applicant will need to update it. If an
applicant does not have a negotiated rate, but would like to include
indirect costs, the applicant will need to establish a rate with the Department of Commerce.
B. Confidentiality Requirements: The BDIA requires that to be
eligible to receive a grant under this Program, entities must agree to
treat any matter that is a trade secret, commercial or financial
information, or privileged or confidential, as a record not subject to
public disclosure except as otherwise mutually agreed to by the
broadband service provider and the entity.\19\ As a condition of grant
funding under this Program, awardees may not agree to a more
restrictive definition of Confidential Information than the definition adopted by this Program.
\19\ BDIA Sec. Sec. 106(c)(3) and 106(h)(2), 122 Stat. at 4101
2 (This requirement applies only to information submitted by the FCC
or a broadband provider to carry out the provisions of the BDIA and
shall not otherwise limit or affect the rules governing public
disclosure of information collected by any Federal or State entity under any other Federal or State law or regulation).
Nondisclosure Agreements. As a measure to protect the confidential or proprietary nature of the information received from broadband service providers and other organizations during the data collection phase, awardees may execute nondisclosure agreements (consistent with applicable law) that require the awardees to treat any matter that is a trade secret, commercial or financial information, or privileged or confidential, as a record not subject to public disclosure except where mutually agreed upon by the information provider and the awardee, provided, however, that any such nondisclosure restriction (a) will not restrict the providing of all data collected under this Program to NTIA, nor (b) restrict NTIA's use of such data as contemplated under this Notice (including sharing such data with the FCC or other Federal agencies).
To the extent required by law, NTIA agrees that it will not
publicly disclose any Confidential Information, as defined herein,
provided to it by an applicant or awardee under this Program. Providing
Confidential Information to the FCC, or other Federal agencies as
necessary, shall not constitute public disclosure. In any disclosure to
the FCC or other Federal agencies, NTIA will request that such agency
make no further disclosure of the Confidential Information except as
required by applicable law or judicial or administrative action or proceeding.\20\
\20\ The provisions of this section notwithstanding, all
information submitted by an applicant or awardee to NTIA for the
purposes of this Program will be subject to Freedom of Information Act requirements under 5 U.S.C. 552.
C. Information Provided: In order to be eligible for a grant under
this Program, each applicant must agree to provide NTIA with broadband data, of
[[Page 32551]]
the type and in the format provided in the Technical Appendix, from all
commercial or public providers of broadband service in their respective
States, including, but not limited to, commercial or public providers
of broadband service to Indian tribes (as defined in Section 4 of the
Indian SelfDetermination and Education Assistance Act \21\), Native
Hawaiian organizations, Community Anchor Institutions or agencies or
instrumentalities of the States, or municipalities or other
subdivisions of the States and their respective agencies or instrumentalities.
\21\ 25 U.S.C. 450(b).
In no case, however, are applicants required to propose collecting data on broadband service provided by the Federal government or any agencies or instrumentalities of the Federal government or broadband service provided on property owned or leased by the Federal government or any agencies, or instrumentalities of the Federal government.
Failure to agree to collect the required data will render an applicant ineligible for funding under this Program.
D. Participation Limit: This is a new program and no activities
have been funded under it as of the date of this Notice. BDIA
stipulates that no Statedesignated entity may receive a grant under
this Program to fund activities described above if that entity, or
another entity designated by that State, obtained prior grant awards
under this section to fund the same activities in that State in each of
the previous four (4) consecutive years.\22\ Because the Recovery Act
requires the obligation of all funds by September 30, 2010, NTIA does
not anticipate any situations where a violation of this provision could occur.
\22\ BDIA Sec. 106(f), 122 Stat. at 4101.
E. Funding Restrictions:
1. Eligible Costs. Grant funds must be used only to pay for
eligible costs. Under this Notice, eligible costs are governed by the
Federal cost principles identified in the applicable OMB circulars and
in the Program's authorizing legislation.\23\ In addition, costs must
be reasonable, allocable, necessary to the project, and comply with the
funding statute requirements. Neither mapping nor planning projects may include any construction costs.
\23\ The government has established a set of Federal principles
for determining eligible or allowable costs. Allowability of costs
will be determined in accordance with the cost principles applicable
to the entity incurring the costs. Thus, allowability of costs
incurred by State, local or Federallyrecognized Indian tribal
governments is determined in accordance with the provisions of OMB
Circular A87, ``Cost Principles for State, Local and Indian Tribal
Governments.'' The allowability of costs incurred by nonprofit
organizations is determined in accordance with the provisions of OMB
Circular A122, ``Cost Principles for NonProfit Organizations.''
The allowability of costs incurred by institutions of higher
education is determined in accordance with the provisions of OMB
Circular A21, ``Cost Principles for Educational Institutions.'' The
allowability of costs incurred by hospitals is determined in
accordance with the provisions of Appendix E of 45 CFR pt. 74,
``Principles for Determining Costs Applicable to Research and
Development under Grants and Contracts with Hospitals.'' The
allowability of costs incurred by commercial organizations and those
nonprofit organizations listed in Attachment C to Circular A122 is
determined in accordance with the provisions of the Federal
Acquisition Regulation (FAR) at 48 CFR pt. 31. See 15 CFR 14.27,
24.22 (governing the Department of Commerce's implementation of OMB requirements).
2. Recovery ActSpecific Restrictions. The Recovery Act imposes an additional limitation on the use of funds expended or obligated from appropriations made pursuant to its provisions. Specifically, for purposes of this Notice, none of the funds appropriated or otherwise made available under the Recovery Act may be used by any State or local government, or any private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool.\24\ \24\ Recovery Act Sec. 1604, 123 Stat. at 303.
VI. Application and Submission Information
A. Address To Request Application Package: To ensure a successful
submission, applicants must apply for State Broadband Data Program
funding through the online Grants.gov system through the Authorized
Organization Representative (AOR). Grants.gov, an eGovernment
initiative, is a ``storefront'' that provides a unified process for all
seekers of Federal grants to find funding opportunities and apply for
funding. If applicants have previously used Grants.gov, the existing
account may be used for the State Broadband Data Program. States that
have not previously submitted an application through Grants.gov are
strongly encouraged to initiate the registration process as soon as
possible. Instructions are available on the Grants.gov Web site (http:/
/www.grants.gov). Application forms and instructions are also available
at Grants.gov. To access these materials, go to http://www.grants.gov,
select ``Apply for Grants,'' and then select ``Download Application
Package.'' Enter the CFDA and/or the funding opportunity number located
on the cover of this announcement. Select ``Download Application
Package,'' and then follow the prompts. To download the instructions,
go to ``Download Application Package'' and select ``Instructions.''
Applicants should visit Grants.gov prior to filing their applications
so that they fully understand the process and requirements. Failure to
properly register and apply for State Broadband Data Program funds by
the deadlines may result in forfeiture of the grant opportunity.
Applications are accepted until the deadline and processed as received.
Applications submitted by hand delivery, mail, email or facsimile will not be accepted.
B. Registration:
1. DUNS Number.All applicants must supply a Dun and Bradstreet Data Universal Numbering System (DUNS) number. Applicants can receive a DUNS number at no cost by calling the dedicated tollfree DUNS number request line at 18667055711 or via the Internet at http:// www.dunandbradstreet.com.
2. Central Contractor Registration (CCR). All applicants must provide a CCR (CAGE) number evidencing current registration in the Central Contractor Registration (CCR) database. If the applicant does not have a current CCR (CAGE) number, the applicant must register in the CCR system available at: http://www.ccr.gov/StartRegistration.aspx.
C. Content and Form of Application Submitted Through Grants.gov: The following is a list of required application forms:
Program Narrative. The applicant must complete a Program Narrative including responses to the five review criteria listed in Section VII (A) and listed below.
The Narrative should begin with an introduction that serves as an Executive Summary of the project. It should be a brief, straightforward statement of what the application proposes to accomplish.
The Narrative should also include a description of all unserved and
underserved areas in their State as defined herein, to the extent they
are known, and a prioritization for the allocation of grant funds within that
[[Page 32552]]
State for projects in or affecting the State.\25\
\25\ Applicants may illustrate such known unserved areas through submission of a map.
The Narrative should then address the five review criteria in
separate sections of the Narrative. Applicants should address the five
criteria in the following order and each section should be labeled with
the name of the criterion being discussed to help the reviewers who
evaluate the application. Any exhibits, maps, timelines, or
spreadsheets should be placed within the appropriate section of the narrative.
1. Data:
(a) Data Gathering. Applicants must provide a comprehensive
description of how the applicant plans to obtain all data required
under the Technical Appendix from commercial or public providers, as
applicable (such description should identify general or specific
methods, or legal authorities upon which applicants will rely to obtain
the required data). Applicants should refer to specific data elements
in the Technical Appendix when appropriate as part of their narrative.
(b) Accuracy and Verification. Applicants must provide a
description of what methods the applicant intends to employ to verify data accuracy.
(c) Accessibility. Applicants must provide a description of how the
State's broadband data will be publicly accessible, clearly presented,
and easily understood by the public, government and the research
community. Applicants must also describe the applicant's proposed Statelevel map.
(d) Security and Confidentiality. Applicants must provide a
description of what methods the applicant intends to employ to ensure
both transparency of process and protection of collected data, including Confidential Information as defined herein.
2. Project Feasibility:
(a) Applicant Capabilities. Applicants must provide a detailed
budget narrative providing detailed description of proposed project
costs (including a detailed description of any proposed expenditures
for the purchase of computer hardware, software, other information
systems or the compensation of information technology personnel that
will be used to collect and store all required data) and describing any
proposed sources of inkind match. The budget narrative must provide
sufficient explanation of each budget category in order to establish
the need for the funds in each category, and the basis for figures
used. The budget narrative must be accompanied by a spreadsheet supporting how the budget request was calculated.
Applicants that include requests for Broadband Planning activities within their application must provide a separate budget narrative and spreadsheet for the planning portion of their request.
All applicants must demonstrate that they have the ability to
secure the funding necessary to meet the required 20 percent non Federal matching contribution.
(b) Applicant Capacity, Knowledge and Experience. Applicants must
provide a description of applicant qualifications, including knowledge
and experience of the applicant and the associated project personnel
with conducting projects of similar scope and scale, including dealing
with broadband or telecommunications technology, overseeing the
projects that collect broadband or telecommunicationsrelated data, or Geographic Information System (GIS) data.
3. Expedient Data Delivery:
Applicants must provide a timeline for major project goals,
including anticipated dates of data delivery. This timeline should be
ambitious and designed to facilitate the delivery of all data required
by the Technical Appendix. NTIA will have a preference for the
provision of a substantially complete set of availability data by
November 1, 2009. Applicants that cannot provide a substantially
complete set of availability data by November 1, 2009, may propose to
provide an alternative data set by that date. Applicants must
demonstrate that they have the ability to complete the project
requirements within the proposed timeline, including the requirements
to provide a substantially complete set of all broadband mapping data
on or before February 1, 2010 and to complete such data collection by
March 1, 2010. All data provided in the first collection should be accurate as of June 30, 2009.
4. Process for Repeated Data Updating:
Applicants must provide a description of what methods the applicant
intends to use to provide for repeated updating of data on at least a
semiannual basis continuing for at least five (5) years after the date of the initial collection.\26\
\26\ Broadband mapping data should be updated at least on March
1 of each year (by submitting data as of December 31 of the previous
year) and at least September 1 of each year (by submitting data as
of June 30 of that year). Because the initial data collection is due
on February 1, 2010, the next update will be due on September 1,
2010 but should include data accurate as of both December 31, 2009
and June 30, 2010, after which, the collections will follow the
specified schedule. For the purposes of this program, an update will
be deemed to be a verification of existing data and a collection of
any additional data reflecting the expansion or contraction of
broadband availability since the previous data collection or update.
5. Planning and Collaboration:
Applicants must provide a description of how the applicant intends to collaborate with Statelevel agencies and local authorities in carrying out the mapping effort. Applicants that include a planning component must provide a description and justification on how well the proposed planning process will address one or more of the projects identified earlier in the BDIA.
The narrative should be no longer than forty (40) pages in length, single spaced in 12 point Times New Roman font (or equivalent).
Letter of State Designation. This letter, signed by the Governor or equivalent chief executive of the State, or his duly authorized designee, affirms that the applicant is the single eligible entity in the State that has been designated by the State to receive a grant under this Program.
D. Submission Dates and Times: All applications must be submitted between July 14, 2009 at 8 a.m. ET and 11:59 p.m. ET on August 14, 2009. The electronic application system at Grants.gov will provide a date and time stamped confirmation number that will serve as proof of submission.
E. Material Representations: The application, including certifications, and all forms submitted as part of the application will be treated as a material representation of fact upon which NTIA will rely in awarding grants.
F. Material Revisions: No material revision will be permitted for any applicant after the submission deadline.
VII. Application Review Information
A. Evaluation Criteria: NTIA will evaluate applications for Mapping Grants on the basis of the following criteria. The relative weight of each criterion is identified in parenthesis.
1. Data (30%)All applicants will be evaluated based on the data
they propose to provide to NTIA. As provided above in the section
entitled ``Eligibility Information'', each applicant must agree to
provide NTIA with broadband data, of the type and in the format
provided in the Technical Appendix, from all commercial or public
providers of broadband service in their respective States, including,
but not limited to, commercial or public providers of broadband service
to Indian tribes (as defined in Section 4 of the Indian Self Determination and
[[Page 32553]]
Education Assistance Act), Native Hawaiian organizations, Community
Anchor Institutions or agencies or instrumentalities of the States, or
municipalities or other subdivisions of the States and their respective
agencies or instrumentalities. Failure to agree to collect such data
will render an applicant ineligible for funding under this Program. In
no case, however, are applicants required to propose collecting data on
broadband service provided by the Federal government or any agencies or
instrumentalities of the Federal government or broadband service
provided on property owned or leased by the Federal government or any agencies, or instrumentalities of the Federal government.
Reviewers will consider the following factors in scoring this criterion:
(a) Accuracy and Verification. Data accuracy is extremely important
and, while NTIA recognizes that 100 percent accuracy is not possible,
reviewers will carefully consider an applicant's proposed methods for
verifying data.\27\ Also, proposed data collection methods that do not
provide more than one way to determine the accuracy of availability data at any given location will not receive high scores.
\27\ \\ For example, a project should propose to collect
availability data by address, as required by the Technical Appendix,
and should crosscheck that data for accuracy by using at least one other metric (e.g., the location and capability of local
infrastructure and whether such infrastructure could realistically
serve a supposed service address, ontheground verification or telephone survey. Each method should be used to check a
statistically significant sample of all addresses, and a
statistically significant sample of rural addresses).
(b) Accessibility. Applicants will be evaluated based on how the
data are accessible to, clearly presented to, and easily understood by
the public, including members of the research community, and local and
State government, excluding any data considered to be Confidential Information, as defined in this Notice.
(c) Security and Confidentiality. Some data collected under the
Program may be considered highly sensitive or confidential. Therefore,
applicants must demonstrate and will be evaluated based on how well the
applicant proposes to protect collected data, including Confidential
Information as defined herein, while fulfilling the other criteria provided in this section.
2. Project Feasibility (30%)
(a) Budget. This criterion evaluates whether the applicant presents
a budget that is both reasonable and cost efficient, considering the
full nature and scope of the project. Reviewers will also consider
whether the applicant has demonstrated ability to secure the funding
necessary to meet the required 20 percent nonFederal matching contribution.
(b) Applicant Capacity, Knowledge, and Experience. Reviewers also will assess whether the applicant possesses the necessary
qualifications to complete the proposed project within Program
standards. In performing this assessment reviewers will consider the
capacity and relevant subject matter specific knowledge and experience
of the applicant and the associated project personnel with conducting
projects of similar scope and scale. Reviewers will assess the
qualifications and past experience of the project leaders and/or
partners in dealing with broadband or telecommunications technology and
in designing, implementing, and effectively managing and overseeing the
projects that collect broadband or telecommunicationsrelated data, and
utilize and manage Geographic Information System (GIS) data.
3. Expedient Data Delivery (20%)Applicants will be reviewed based on the timeline on which they project delivery of the initial submission of a substantially complete set of broadband mapping data. This timeline should be ambitious and designed to facilitate the delivery of all data required by the Technical Appendix. NTIA will have a preference for the provision of a substantially complete set of availability data by November 1, 2009. Applicants that cannot provide a substantially complete set of availability data by November 1, 2009, may propose to provide an alternative data set by that date. Applicants must demonstrate that they have the ability to complete the project requirements within the proposed timeline, including the requirements to provide a substantially complete set of all broadband mapping data on or before February 1, 2010 and to and to complete such data collection by March 1, 2010. All data provided in the first collection should be accurate as of June 30, 2009.
4. Process for Repeated Data Updating (10%)The broadband
landscape is rapidly changing, and both the State broadband maps and
national broadband map must be able to reflect these changes. All
applicants will be evaluated based on their ability to update the data
at least semiannually and on a continuing basis. Because the initial
data collection is due on February 1, 2010, the next update will be due
on September 1, 2010 but will collect data as of both December 31, 2009
and June 30, 2010. For all subsequent data updates, data should be
updated at least on March 1 of each year (by submitting data as of
December 31 of the previous year) and at least September 1 of each year
(by submitting data as of June 30 of that year), so as to coincide with
the Federal Communications Commission's Form 477 data collections.
Applicants are expected to propose to update data for at least five (5)
years from the date of award. Applicants are encouraged to consider
methods of automated or directfromprovider data input, while also considering Data Accuracy and Verification needs.
5. Planning and Collaboration (10%)
(a) Collaboration. Collaboration with Statelevel agencies, local
authorities, businesses and nonprofit organizations will be a critical
component of any successful data collection or mapping effort.
Reviewers will carefully consider the transparency and inclusiveness of
the process used to plan and execute data collection and Statelevel
broadband mapping. Reviewers will also examine the existing
relationships and proposed collaborations with necessary parties,
including broadband service providers, information technology
companies, mapping companies, State and local governments, geographic
information agencies and councils, Community Anchor Institutions,
consumer and public interest groups, Indian tribes (as defined in
Section 4 of the Indian SelfDetermination and Education Assistance
Act), Native Hawaiian organizations, minority and vulnerable
populations, industry, and other such parties and institutions.
If applicable, any applications that do not include the collection
of data from Indian tribes (as defined in Section 4 of the Indian Self
Determination and Education Assistance Act), tribal lands, or Native Hawaiian organizations will not be eligible for grants.
(b) Planning. In addition to inclusiveness and collaboration,
proposals including planning components will be evaluated based on how
well the proposed planning process will identify service availability
and gaps, analyze problems and opportunities related to broadband
deployment, and determine priorities as well as resolve conflicting
priorities. Planning proposals must present the following: (1) The
BDIArelated purpose as listed footnote 6; (2) the problem(s) to be
addressed; (3) the proposed solution; (4) the anticipated outcomes of
the project; and (5) the cost of such proposal in light of the previous factors.
VIII. Anticipated Award Dates
NTIA will announce the awards starting on or about September 15, 2009.
[[Page 32554]]
NTIA will make award documents available to successful applicants
within thirty (30) calendar days of the award announcement. NTIA
expects compliance with all applicable documentation requirements from
successful applicants within sixty (60) calendar days of award announcement.
IX. Award Administration Information
A. Award Notices: Applicants will be notified by the Department of Commerce's Grants Officer if their applications are selected for an award. If the application is selected for funding, the Department of Commerce's Grants Officer will issue the grant award (Form CD450), which is the authorizing financial assistance award document. By signing the Form CD450, the awardee agrees to comply with all award provisions. NTIA will provide the Form CD450 by mail or overnight delivery to the appropriate business office of the recipient's organization. The awardee must sign and return the Form CD450 without modification within thirty (30) calendar days of receipt.
If an applicant is awarded funding, neither the Department of
Commerce nor NTIA is under any obligation to provide any additional
future funding in connection with that award or to make any future
award(s). Amendment or renewal of an award to increase funding or to
extend the period of performance is at the discretion of the Department of Commerce and of NTIA.
B. Award Terms and Conditions:
1. Scope. Awardees, including all contractors and subcontractors, are required to comply with the obligations set forth in the Recovery Act and the requirements established herein. Any obligation that applies to the awardee shall extend for the life of the Federally funded facilities.
2. Access to Records for Audits, Site Visits, Monitoring and Law Enforcement Purposes. The Inspector General of the Department of Commerce, or any of his or her duly authorized representatives, and NTIA representatives, or any of their duly authorized representatives, shall have access to and the right to inspect any property or documents funded by the grant, or relating to the grant funding, of the parties to a grant, including their subsidiaries, if any, whether written, printed, recorded, produced, or reproduced by any electronic, mechanical, magnetic or other process or medium, in order to make audits, inspections, site visits, excerpts, transcripts, copies, or other examinations as authorized by
FOR FURTHER INFORMATION CONTACT
For general inquiries regarding the
State Broadband Data Program, applicants may contact Edward ``Smitty''
Smith, Program Director, State Broadband Data and Development Grant Program,
[[Page 32546]]
National Telecommunications and Information Administration, U.S.
Department of Commerce, 1401 Constitution Avenue, NW., Room 4898,
Washington, DC 20230; by telephone at 2024824949 or via electronic
mail at broadbandmapping@ntia.doc.gov. Information about the State
Broadband Data Program can also be obtained electronically via the
Internet at http://www.ntia.doc.gov/broadbandgrants.