American Recovery and Reinvestment Act of 2009 Broadband Initiatives, 10716-10721 [E9-5411]
Download as PDF
<![CDATA[
10716
Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Notices
DEPARTMENT OF AGRICULTURE
Rural Housing Service
Notice of Request for Extension of a
Currently Approved Information
Collection
Rural Housing Service, USDA.
Proposed collection; comments
requested.
AGENCY:
cprice-sewell on PRODPC61 with NOTICES
ACTION:
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995, this
notice announces the Rural Housing
Service’s (RHS) intention to request an
extension for a currently approved
information collection in support of the
program for the Housing Preservation
Grant Program.
DATES: Comments on this notice must be
received by May 11, 2009 to be assured
of consideration.
FOR FURTHER INFORMATION CONTACT:
Bonnie Edwards-Jackson, Finance and
Loan Analyst, Multi-Family Housing
Preservation and Direct Loan Division,
USDA Rural Development, Stop 0781,
1400 Independence Ave., SW.,
Washington, DC 20250–0782, telephone
(202) 690–0759 (voice) (this is not a toll
free number) or (800) 877–8339 (TDD–
Federal Information Relay Service) or
via e-mail at,
Bonnie.Edwards@wdc.usda.gov.
SUPPLEMENTARY INFORMATION:
Title: RHS/Housing Preservation
Grant Program.
OMB Number: 0575–0115.
Expiration Date of Approval: June 30,
2009.
Type of Request: Extension of a
currently approved information
collection.
Abstract: The primary purpose of the
Housing Preservation Grant Program is
to repair or rehabilitate individual
housing, rental properties, or co-ops
owned or occupied by very low- and
low-income rural persons. Grantees will
provide eligible homeowners, owners of
rental properties and owners of co-ops
with financial assistance through loans,
grants, interest reduction payments or
other comparable financial assistance
for necessary repairs and rehabilitation
of dwellings to bring them up to code
or minimum property standards.
Where repair and rehabilitation
assistance is not economically feasible
or practical the replacement of existing,
individual owner occupied housing is
available.
These grants were established by
Public Law 98–181, the Housing UrbanRural Recovery Act of 1983, which
amended the Housing Act of 1979 (Pub.
L. 93–383) by adding section 533, 42
U.S.C. S 2490(m), Housing Preservation
VerDate Nov<24>2008
14:56 Mar 11, 2009
Jkt 217001
Grants (HPG). In addition, the Secretary
of Agriculture has authority to prescribe
rules and regulations to implement HPG
and other programs under 42 U.S.C. S
1480(j).
Section 533(d) is prescriptive about
the information applicants are to submit
to RHS as part of their application and
in the assessments and criteria RHS is
to use in selecting grantees. An
applicant is to submit a ‘‘statement of
activity’’ describing its proposed
program, including the specific
activities it will undertake, and its
schedule. RHS is required in turn to
evaluate proposals on a set of prescribed
criteria, for which the applicant will
also have to provide information, such
as: (1) Very low- and low-income
persons proposed to be served by the
repair and rehabilitation activities; (2)
participation by other public and
private organizations to leverage funds
and lower the cost to the HPG program;
(3) the area to be served in terms of
population and need: (4) cost data to
assure greatest degree of assistance at
lowest cost; (5) administrative capacity
of the applicant to carry out the
program. The information collected will
be the minimum required by law and by
necessity for RHS to assure that it funds
responsible grantees proposing feasible
projects in areas of greatest need. Most
data are taken from a localized area,
although some are derived from census
reports of city, county and Federal
governments showing population and
housing characteristics.
Estimate of Burden: Public reporting
burden for this collection of information
is estimated to average .81 hours per
response.
Respondents: A public body or a
public or private nonprofit corporation.
Estimated Number of Respondents:
2,258.
Estimated Number of Responses per
Respondent: 6.8.
Estimated Total Annual Burden on
Respondents: 12,517 hours.
Copies of this information collection
can be obtained from Linda WattsThomas, Regulations and Paperwork
Management Branch at (202 692–0226).
Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of RHS, including
whether the information will have
practical utility; (b) the accuracy of
RHS’s estimate of the burden of the
proposed collection of information
including the validity of the
methodology and assumptions used; (c)
ways to enhance the quality, utility and
clarity of the information to be
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
collected; and (d) ways to minimize the
burden of the collection of information
on those who are to respond, including
through the use of appropriate
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology.
Comments may be sent to Linda
Watts-Thomas, Regulations and
Paperwork Management Branch, U.S.
Department of Agriculture, Rural
Development, STOP 0742, 1400
Independence Ave., SW., Washington,
DC 20250. All responses to this notice
will be summarized and included in the
request for OMB approval. All
comments will become a matter of
public record.
Dated: February 4, 2009.
James C. Alsop,
Acting Administrator, Rural Housing Service.
[FR Doc. E9–5329 Filed 3–11–09; 8:45 am]
BILLING CODE 3410–XV–P
DEPARTMENT OF COMMERCE
National Telecommunications and
Information Administration
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
[Docket No. 090309298–9299–01]
American Recovery and Reinvestment
Act of 2009 Broadband Initiatives
AGENCIES: National Telecommunications
and Information Administration, U.S.
Department of Commerce; Rural
Utilities Service, U.S. Department of
Agriculture.
ACTION: Joint request for information
and notice of public meetings.
SUMMARY: Section 6001 of the American
Recovery and Reinvestment Act of 2009
(Recovery Act) requires the National
Telecommunications and Information
Administration (NTIA) to establish the
Broadband Technology Opportunities
Program (BTOP). The Recovery Act
further establishes authority for the
Rural Utilities Service (RUS) to make
grants and loans for the deployment and
construction of broadband systems.
NTIA and RUS will hold a series of
public meetings about the new programs
beginning on March 16, 2009. In
addition to the information received
about the new programs during the
public meetings, written comments will
be accepted through April 13, 2009.
Through this notice, guidance is
provided as to the matters to be
discussed at these public meetings and
E:\FR\FM\12MRN1.SGM
12MRN1
cprice-sewell on PRODPC61 with NOTICES
Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Notices
the categories of information with
respect to which interested parties may
submit comments.
DATES: There will be a series of public
meetings in Washington, DC on March
16, 19, 23 and 24, 2009. Field hearings
will be held in other locations on March
17 and 18, 2009. These times and the
agenda topics are subject to change.
Please refer to NTIA’s Web site, https://
www.ntia.doc.gov/broadbandgrants or
the RUS Web site https://
www.rurdev.usda.gov/, for
the most up-to-date meeting agenda.
Additional meetings may be announced
in the future. Comments will be
received through April 13, 2009.
Time and Place: The meetings on
March 16, 19, 23, and 24, 2009 will
begin at 10 a.m. and will take place at
the U.S. Department of Commerce, 1401
Constitution Avenue, NW., Washington,
DC 20230. The meetings on March 17
and 18, 2009, will be field hearings. The
location and time of the field hearings
on March 17 and 18 will be announced
on https://www.ntia.doc.gov/
broadbandgrants and on https://
www.rurdev.usda.gov/.
Webcast and/or transcripts of all of the
public meetings will be made available
on NTIA’s Web site.
Times and locations are subject to
change. Any changes will be announced
on the NTIA Web site https://
www.ntia.doc.gov/broadbandgrants or
the RUS Web site https://
www.rurdev.usda.gov/.
FOR FURTHER INFORMATION: For further
information regarding the meetings,
contact Barbara Brown at (202) 482–
4374 or bbrown@ntia.doc.gov; Mary
Campanola, USDA at (202) 720–8822 or
mary.campanola@usda.gov.
SUPPLEMENTARY INFORMATION: Section
6001 of the American Recovery and
Reinvestment Act of 2009 (Recovery
Act) requires the National
Telecommunications and Information
Administration (NTIA), in consultation
with the Federal Communications
Commission (FCC), to establish the
Broadband Technology Opportunities
Program (BTOP). The purposes of the
BTOP include accelerating broadband
deployment in unserved and
underserved areas and ensuring that
strategic institutions that are likely to
create jobs or provide significant public
benefits have broadband connections.
The Recovery Act also establishes
authority for the RUS to make grants
and loans for the deployment and
construction of broadband systems. The
purpose of the additional RUS
broadband authority is to improve
access to broadband areas without
service or that lack sufficient access to
VerDate Nov<24>2008
14:56 Mar 11, 2009
Jkt 217001
high-speed broadband service to
facilitate economic development. In
order to facilitate the coordinated
development of these programs, NTIA
and RUS will host a series of public
meetings related to the NTIA’s and RUS’
broadband Recovery Act activities
beginning on March 16, 2009. These
meetings are in addition to the Joint
Meeting to be held on March 10, 2009
at the Department of Commerce.1 FCC
representatives will participate in the
public meetings related to the FCC’s
mission. The public meetings will be
organized around key program themes,
including but not limited to the
definitions to be adopted, the role of the
states in the grants process, the
relationship of BTOP to the RUS loan
and grant program and other Recovery
Act programs, the grant selection
criteria, the role of for-profit providers
as potential grant recipients, and other
topics.
Matters To Be Considered:
Information is being sought on the
following topics. Aspects of some of
these topics will be discussed at the
public meetings. Interested parties are
invited to attend the meetings and to
submit comments for the record on
these topics to assist NTIA in
establishing and administering BTOP
and RUS in implementing its expanded
authority. Comments addressing
specific agency questions may be used
by either agency in formulating its
respective programs. Comments will be
received through April 13, 2009.
NTIA
1. The Purposes of the Grant Program:
Section 6001 of the Recovery Act
establishes five purposes for the BTOP
grant program.2
1 Joint Notice of Public Meeting, 38 FR 8914 (Feb.
27, 2009).
2 Section 6001(b) states that the purposes of the
program are to—
(1) Provide access to broadband service to
consumers residing in unserved areas of the United
States;
(2) provide improved access to broadband service
to consumers residing in underserved areas of the
United States;
(3) provide broadband education, awareness,
training, access, equipment, and support to—
(A) Schools, libraries, medical and healthcare
providers, community colleges, and other
institutions of higher education, and other
community support organizations and entities to
facilitate greater use of broadband service by or
through these organizations;
(B) organizations and agencies that provide
outreach, access, equipment, and support services
to facilitate greater use of broadband service by lowincome, unemployed, aged, and otherwise
vulnerable populations; and
(C) job-creating strategic facilities located within
a State-designated economic zone, Economic
Development District designated by the Department
of Commerce, Renewal Community or
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
10717
a. Should a certain percentage of grant
funds be apportioned to each category?
b. Should applicants be encouraged to
address more than one purpose?
c. How should the BTOP leverage or
respond to the other broadband-related
portions of the Recovery Act, including
the United States Department of
Agriculture (USDA) grants and loans
program as well as the portions of the
Recovery Act that address smart grids,
health information technology,
education, and transportation
infrastructure?
2. The Role of the States: The
Recovery Act states that NTIA may
consult the States (including the District
of Columbia, territories, and
possessions) with respect to various
aspects of the BTOP.3 The Recovery Act
also requires that, to the extent
practical, the BTOP award at least one
grant to every State.4
a. How should the grant program
consider State priorities in awarding
grants?
b. What is the appropriate role for
States in selecting projects for funding?
c. How should NTIA resolve
differences among groups or
constituencies within a State in
establishing priorities for funding?
d. How should NTIA ensure that
projects proposed by States are wellexecuted and produce worthwhile and
measurable results?
3. Eligible Grant Recipients: The
Recovery Act establishes entities that
are eligible for a grant under the
program.5 The Recovery Act requires
Empowerment Zone designated by the Department
of Housing and Urban Development, or Enterprise
Community designated by the Department of
Agriculture;
(4) improve access to, and use, of broadband
service by public safety agencies; and
(5) stimulate the demand for broadband,
economic growth, and job creation.
3 Section 6001(c) states that the Assistant
Secretary may consult a State, the District of
Columbia, or territory or possession of the United
States with respect to—
(1) The identification of areas described in
subsection (b)(1) or (2) located in that State; and
(2) the allocation of grant funds within that State
for projects in or affecting the State.
4 Section 6001(h)(1).
5 Section 6001(e) states that eligible applicants
shall—
(1)(A) Be a State or political subdivision thereof,
the District of Columbia, a territory or possession
of the United States, an Indian tribe (as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450(b)) or
native Hawaiian organization;
(B) a nonprofit—
(i) foundation,
(ii) corporation,
(iii) institution, or
(iv) association; or
(C) any other entity, including a broadband
service or infrastructure provider, that the Assistant
E:\FR\FM\12MRN1.SGM
Continued
12MRN1
10718
Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Notices
cprice-sewell on PRODPC61 with NOTICES
NTIA to determine by rule whether it is
in the public interest that entities other
than those listed in Section
6001(e)(1)(A) and (B) should be eligible
for grant awards. What standard should
NTIA apply to determine whether it is
in the public interest that entities other
than those described in Section
6001(e)(1)(A) and (B) should be eligible
for grant awards?
4. Establishing Selection Criteria for
Grant Awards: The Recovery Act
establishes several considerations for
awarding grants under the BTOP.6 In
addition to these considerations, NTIA
may consider other priorities in
selecting competitive grants.
a. What factors should NTIA consider
in establishing selection criteria for
grant awards? How can NTIA determine
that a Federal funding need exists and
that private investment is not displaced?
How should the long-term feasibility of
the investment be judged?
b. What should the weighting of these
criteria be in determining consideration
for grant and loan awards?
c. How should the BTOP prioritize
proposals that serve underserved or
unserved areas? Should the BTOP
consider USDA broadband grant awards
and loans in establishing these
priorities?
d. Should priority be given to
proposals that leverage other Recovery
Act projects?
e. Should priority be given to
proposals that address several purposes,
serve several of the populations
identified in the Recovery Act, or
provide service to different types of
areas?
f. What factors should be given
priority in determining whether
proposals will encourage sustainable
adoption of broadband service?
Secretary finds by rule to be in the public interest.
In establishing such rule, the Assistant Secretary
shall to the extent practicable promote the purposes
of this section in a technologically neutral manner
* * *.
6 Section 6001(h) states that NTIA, in awarding
grants, shall, to the extent practical—
(2) Consider whether an application to deploy
infrastructure in an area—
a. Will, if approved, increase the affordability of,
and subscribership to, service to the greatest
population of users in the area;
b. will, if approved, provide the greatest
broadband speed possible to the greatest population
of users in the area;
c. will, if approved, enhance service for health
care delivery, education, or children to the greatest
population of users in the area; and
d. will, if approved, not result in unjust
enrichment as a result of support for non-recurring
costs through another Federal program for service
in the area;
(3) consider whether the applicant is a socially
and economically disadvantaged small business
concern as defined under section 8(a) of the Small
Business Act (15 U.S.C. 637).
VerDate Nov<24>2008
14:56 Mar 11, 2009
Jkt 217001
g. Should the fact that different
technologies can provide different
service characteristics, such as speed
and use of dedicated or shared links, be
considered given the statute’s direction
that, to the extent practicable, the
purposes of the statute should be
promoted in a technologically neutral
fashion?
h. What role, if any, should retail
price play in the grant program?
5. Grant Mechanics: The Recovery Act
requires all agencies to distribute funds
efficiently and fund projects that would
not receive investment otherwise.
a. What mechanisms for distributing
stimulus funds should be used by NTIA
and USDA in addition to traditional
grant and loan programs?
b. How would these mechanisms
address shortcomings, if any, in
traditional grant or loan mechanisms in
the context of the Recovery Act?
6. Grants for Expanding Public
Computer Center Capacity: The
Recovery Act directs that not less than
$200,000,000 of the BTOP shall be
awarded for grants that expand public
computer center capacity, including at
community colleges and public
libraries.
a. What selection criteria should be
applied to ensure the success of this
aspect of the program?
b. What additional institutions other
than community colleges and public
libraries should be considered as
eligible recipients under this program?
7. Grants for Innovative Programs to
Encourage Sustainable Adoption of
Broadband Service: The Recovery Act
directs that not less than $250,000,000
of the BTOP shall be awarded for grants
for innovative programs to encourage
sustainable adoption of broadband
services.
a. What selection criteria should be
applied to ensure the success of this
program?
b. What measures should be used to
determine whether such innovative
programs have succeeded in creating
sustainable adoption of broadband
services?
8. Broadband Mapping: The Recovery
Act directs NTIA to establish a
comprehensive 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 provider or public provider
throughout each State.7
a. What uses should such a map be
capable of serving?
b. What specific information should
the broadband map contain, and should
the map provide different types of
information to different users (e.g.,
consumers versus governmental
entities)?
c. At what level of geographic or other
granularity should the broadband map
provide information on broadband
service?
d. What other factors should NTIA
take into consideration in fulfilling the
requirements of the Broadband Data
Improvement Act, Public Law 110–385
(2008)?
e. Are there State or other mapping
programs that provide models for the
statewide inventory grants?
f. Specifically what information
should states collect as conditions of
receiving statewide inventory grants?
g. What technical specifications
should be required of State grantees to
ensure that statewide inventory maps
can be efficiently rolled up into a
searchable national broadband database
to be made available on NTIA’s Web site
no later than February 2011?
h. Should other conditions attach to
statewide inventory grants?
i. What information, other than
statewide inventory information, should
populate the comprehensive nationwide
map?
j. The Recovery Act and the
Broadband Data Improvement Act
(BDIA) imposes duties on both NTIA
and FCC concerning the collection of
broadband data. Given the statutory
requirements of the Recovery Act and
the BDIA, how should NTIA and FCC
best work together to meet these
requirements?
9. Financial Contributions by Grant
Applicants: The Recovery Act requires
that the Federal share of funding for any
proposal may not exceed 80 percent of
the total grant.8 The Recovery Act also
requires that applicants demonstrate
that their proposals would not have
been implemented during the grant
period without Federal assistance.9 The
Recovery Act allows for an increase in
the Federal share beyond 80 percent if
the applicant petitions NTIA and
demonstrates financial need.
a. What factors should an applicant
show to establish the ‘‘financial need’’
necessary to receive more than 80
percent of a project’s cost in grant
funds?
b. What factors should the NTIA
apply in deciding that a particular
proposal should receive less than an 80
percent Federal share?
8 Section
7 Section
PO 00000
6001(l).
Frm 00015
Fmt 4703
9 Section
Sfmt 4703
E:\FR\FM\12MRN1.SGM
6001(f).
6001(e)(3).
12MRN1
cprice-sewell on PRODPC61 with NOTICES
Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Notices
c. What showing should be necessary
to demonstrate that the proposal would
not have been implemented without
Federal assistance?
10. Timely Completion of Proposals:
The Recovery Act states that NTIA shall
establish the BTOP as expeditiously as
practicable, ensure that all awards are
made before the end of fiscal year 2010,
and seek assurances from grantees that
projects supported by the programs will
be substantially completed within two
(2) years following an award.10 The
Recovery Act also requires that grant
recipients report quarterly on the
recipient’s use of grant funds and the
grant recipient’s progress in fulfilling
the objectives of the grant proposal.11
The Recovery Act permits NTIA to deobligate awards to grant recipients that
demonstrate an insufficient level of
performance, or wasteful or fraudulent
spending (as defined by NTIA in
advance), and award these funds to new
or existing applicants.12
a. What is the most efficient, effective,
and fair way to carry out the
requirement that the BTOP be
established expeditiously and that
awards be made before the end of fiscal
year 2010?
b. What elements should be included
in the application to ensure the projects
can be completed within two (2) years
(e.g., timelines, milestones, letters of
agreement with partners)?
11. Reporting and Deobligation: The
Recovery Act also requires that grant
recipients report quarterly on the
recipient’s use of grant funds and
progress in fulfilling the objectives of
the grant proposal.13 The Recovery Act
permits NTIA to de-obligate funds for
grant awards that demonstrate an
insufficient level of performance, or
wasteful or fraudulent spending (as
defined by NTIA in advance), and
award these funds to new or existing
applicants.14
a. How should NTIA define wasteful
or fraudulent spending for purposes of
the grant program?
b. How should NTIA determine that
performance is at an ‘‘insufficient
level?’’
c. If such spending is detected, what
actions should NTIA take to ensure
effective use of investments made and
remaining funding?
12. Coordination with USDA’s
Broadband Grant Program: The
Recovery Act directs USDA’s Rural
Development Office to distribute $2.5
10 Section
6001(d).
6001(i)(1).
12 Section 6001(i)(4).
13 Section 6001(i)(1).
14 Section 6001(i)(4).
billion dollars in loans, loan guarantees,
and grants for broadband deployment.
The stated focus of the USDA’s program
is economic development in rural areas.
NTIA has broad authority in its grant
program to award grants throughout the
United States. Although the two
programs have different statutory
structures, the programs have many
similar purposes, namely the promotion
of economic development based on
deployment of broadband service and
technologies.
a. What specific programmatic
elements should both agencies adopt to
ensure that grant funds are utilized in
the most effective and efficient manner?
b. In cases where proposals
encompass both rural and non-rural
areas, what programmatic elements
should the agencies establish to ensure
that worthy projects are funded by one
or both programs in the most cost
effective manner without unjustly
enriching the applicant(s)?
13. Definitions: The Conference
Report on the Recovery Act states that
NTIA should consult with the FCC on
defining the terms ‘‘unserved area,’’
‘‘underserved area,’’ and
‘‘broadband.’’ 15 The Recovery Act also
requires that NTIA shall, in
coordination with the FCC, publish
nondiscrimination and network
interconnection obligations that shall be
contractual conditions of grant awards,
including, at a minimum, adherence to
the principles contained in the FCC’s
broadband policy statement (FCC 05–15,
adopted August 5, 2005).16
a. For purposes of the BTOP, how
should NTIA, in consultation with the
FCC, define the terms ‘‘unserved area’’
and ‘‘underserved area?’’
b. How should the BTOP define
‘‘broadband service?’’
(1) Should the BTOP establish
threshold transmission speeds for
purposes of analyzing whether an area
is ‘‘unserved’’ or ‘‘underserved’’ and
prioritizing grant awards? Should
thresholds be rigid or flexible?
(2) Should the BTOP establish
different threshold speeds for different
technology platforms?
(3) What should any such threshold
speed(s) be, and how should they be
measured and evaluated (e.g., advertised
speed, average speed, typical speed,
maximum speed)?
(4) Should the threshold speeds be
symmetrical or asymmetrical?
(5) How should the BTOP consider
the impacts of the use of shared
facilities by service providers and of
network congestion?
11 Section
VerDate Nov<24>2008
14:56 Mar 11, 2009
15 H.R. Rep. No. 111–16, at 776 (2009) (Conf.
Rep.).
16 Section 6001(j).
Jkt 217001
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
10719
c. How should the BTOP define the
nondiscrimination and network
interconnection obligations that will be
contractual conditions of grants
awarded under Section 6001?
(1) In defining nondiscrimination
obligations, what elements of network
management techniques to be used by
grantees, if any, should be described
and permitted as a condition of any
grant?
(2) Should the network
interconnection obligation be based on
existing statutory schemes? If not, what
should the interconnection obligation
be?
(3) Should there be different
nondiscrimination and network
interconnection standards for different
technology platforms?
(4) Should failure to abide by
whatever obligations are established
result in de-obligation of fund awards?
(5) In the case of infrastructure paid
for in whole or part by grant funds,
should the obligations extend beyond
the life of the grant and attach for the
useable life of the infrastructure?
d. Are there other terms in this
section of the Recovery Act, such as
‘‘community anchor institutions,’’ that
NTIA should define to ensure the
success of the grant program? If so, what
are those terms and how should those
terms be defined, given the stated
purposes of the Recovery Act?
e. What role, if any, should retail
price play in these definitions?
14. Measuring the Success of the
BTOP: The Recovery Act permits NTIA
to establish additional reporting and
information requirements for any
recipient of grant program funds.
a. What measurements can be used to
determine whether an individual
proposal has successfully complied
with the statutory obligations and
project timelines?
b. Should applicants be required to
report on a set of common data elements
so that the relative success of individual
proposals may be measured? If so, what
should those elements be?
15. Please provide comment on any
other issues that NTIA should consider
in creating BTOP within the confines of
the statutory structure established by
the Recovery Act.
RUS
The provisions regarding the RUS
Recovery Act broadband grant and loan
activities are found in Division A, title
I under the heading Rural Utilities
Service, Distance Learning,
Telemedicine and Broadband Program
of the Recovery Act.17
17 The
E:\FR\FM\12MRN1.SGM
text of this authority is as follows:
Continued
12MRN1
10720
Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Notices
cprice-sewell on PRODPC61 with NOTICES
1. What are the most effective ways
RUS could offer broadband funds to
ensure that rural residents that lack
access to broadband will receive it?
For a number of years, RUS has
struggled to find an effective way to use
the Agency’s current broadband loan
program to provide broadband access to
rural residents that lack such access.
RUS believes that the authority to
provide grants as well as loans will give
it the tools necessary to achieve that
goal. RUS is looking for suggestions as
to the best ways to:
a. Bundle loan and grant funding
options to ensure such access is
provided in the projects funded under
the Recovery Act to areas that could not
traditionally afford the investment;
b. Promote leveraging of Recovery Act
funding with private investment that
ensures project viability and future
sustainability; and
c. Ensure that Recovery Funding is
targeted to unserved areas that stand to
DISTANCE LEARNING, TELEMEDICINE, AND
BROADBAND PROGRAM For an additional amount
for the cost of broadband loans and loan guarantees,
as authorized by the Rural Electrification Act of
1936 (7 U.S.C. 901 et seq.) and for grants (including
for technical assistance), $2,500,000,000: Provided,
That the cost of direct and guaranteed loans shall
be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That,
notwithstanding title VI of the Rural Electrification
Act of 1936, this amount is available for grants,
loans and loan guarantees for broadband
infrastructure in any area of the United States:
Provided further, That at least 75 percent of the area
to be served by a project receiving funds from such
grants, loans or loan guarantees shall be in a rural
area without sufficient access to high speed
broadband service to facilitate rural economic
development, as determined by the Secretary of
Agriculture: Provided further, That priority for
awarding such funds shall be given to project
applications for broadband systems that will deliver
end users a choice of more than one service
provider: Provided further, That priority for
awarding funds made available under this
paragraph shall be given to projects that provide
service to the highest proportion of rural residents
that do not have access to broadband service:
Provided further, That priority shall be given for
project applications from borrowers or former
borrowers under title II of the Rural Electrification
Act of 1936 and for project applications that
include such borrowers or former borrowers:
Provided further, That priority for awarding such
funds shall be given to project applications that
demonstrate that, if the application is approved, all
project elements will be fully funded: Provided
further, That priority for awarding such funds shall
be given to project applications for activities that
can be completed if the requested funds are
provided: Provided further, That priority for
awarding such funds shall be given to activities that
can commence promptly following approval:
Provided further, That no area of a project funded
with amounts made available under this paragraph
may receive funding to provide broadband service
under the Broadband Technology Opportunities
Program: Provided further, That the Secretary shall
submit a report on planned spending and actual
obligations describing the use of these funds not
later than 90 days after the date of enactment of this
Act, and quarterly thereafter until all funds are
obligated, to the Committees on Appropriations of
the House of Representatives and the Senate.
VerDate Nov<24>2008
14:56 Mar 11, 2009
Jkt 217001
benefit the most from this funding
opportunity.
2. In what ways can RUS and NTIA
best align their Recovery Act broadband
activities to make the most efficient and
effective use of the Recovery Act
broadband funds?
In the Recovery Act, Congress
provided funding and authorities to
both RUS and the NTIA to expand the
development of broadband throughout
the country. Taking into account the
authorities and limitations provided in
the Recovery Act, RUS is looking for
suggestions as to how both agencies can
conduct their Recovery Act broadband
activities so as to foster effective
broadband development. For instance:
(a) RUS is charged with ensuring that
75 percent of the area is rural and
without sufficient access needed for
economic development. How should
this definition be reconciled with the
NTIA definitions of ‘‘unserved’’ and
‘‘underserved?’’
(b) How should the agencies structure
their eligibility requirements and other
programmatic elements to ensure that
applicants that desire to seek funding
from both agencies (i) do not receive
duplicate resources and (ii) are not
hampered in their ability to apply for
funds from both agencies?
3. How should RUS evaluate whether
a particular level of broadband access
and service is needed to facilitate
economic development?
Seventy-five percent of an area to be
funded under the Recovery Act must be
in an area that USDA determines lacks
sufficient ‘‘high speed broadband
service to facilitate rural economic
development.’’ RUS is seeking
suggestions as to the factors it should
use to make such determinations.
(a) How should RUS define ‘‘rural
economic development?’’ What factors
should be considered, in terms of job
growth, sustainability, and other
economic and socio-economic benefits?
(b) What speeds are needed to
facilitate ‘‘economic development?’’
What does ‘‘high speed broadband
service’’ mean?
(c) What factors should be considered,
when creating economic development
incentives, in constructing facilities in
areas outside the seventy-five percent
area that is rural (i.e., within an area that
is less than 25 percent rural)?
4. In further evaluating projects, RUS
must consider the priorities listed
below. What value should be assigned
to those factors in selecting
applications? What additional priorities
should be considered by RUS?
Priorities have been assigned to
projects that will: (1) Give end-users a
choice of Internet service providers, (2)
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
serve the highest proportion of rural
residents that lack access to broadband
service, (3) be projects of current and
former RUS borrowers, and (4) be fully
funded and ready to start once they
receive funding under the Recovery Act.
5. What benchmarks should RUS use
to determine the success of its Recovery
Act broadband activities?
The Recovery Act gives RUS new
tools to expand the availability of
broadband in rural America. RUS is
seeking suggestions regarding how it
can measure the effectiveness of its
funding programs under the Recovery
Act. Factors to consider include, but are
not limited to:
a. Businesses and residences with
‘‘first-time’’ access.
b. Critical facilities provided new
and/or improved service:
i. Educational institutions.
ii. Healthcare providers.
iii. Public service/safety.
c. Businesses created or saved.
d. Job retention and/or creation.
e. Decline in unemployment rates.
f. State, local, community support.
Status: Interested parties are invited
to attend the public meetings and to
submit written comments. Written
comments that exceed five pages should
include a one-page executive summary.
Submissions containing ten (10) or more
pages of text must include a table of
contents and an executive summary.
NTIA will coordinate the reception of
written comments for both RUS and
NTIA programs. Interested parties are
permitted to file comments
electronically via e-mail to
BTOP@ntia.doc.gov. Parties are strongly
encouraged to make electronic
submissions of documents containing
ten (10) or more pages. Comments
provided via e-mail may be submitted in
one or more of the formats specified
below. Comments may be filed with
NTIA through April 13, 2009.
Paper comments should be sent to:
Broadband Technology Opportunities
Program, U.S. Department of Commerce,
Room 4812, 1401 Constitution Avenue,
NW., Washington, DC 20230. Please
note that all material sent via the U. S.
Postal Service (including ‘‘Overnight’’
or ‘‘Express Mail’’) is subject to delivery
delays of up to two weeks due to mail
security procedures. All written
comments received will be posted on
the NTIA Web site at https://
www.ntia.doc.gov/broadbandgrants.
Paper submissions should also
include a CD or DVD in HTML, ASCII,
Word or WordPerfect format (please
specify version). CDs or DVDs should be
labeled with the name and
organizational affiliation of the filer, and
E:\FR\FM\12MRN1.SGM
12MRN1
Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Notices
the name of the word processing
program used to create the document.
Because of space limitation,
attendance at the meeting will be
determined on a first-come, first-served
basis. The meeting will be physically
accessible to people with disabilities.
Individuals requiring special services,
such as sign language interpretation or
other ancillary aids, are asked to
indicate this to Barbara Brown,
bbrown@ntia.doc.gov at least two (2)
days prior to the meeting. Members of
the public will have an opportunity to
provide comment at the meetings, time
permitting.
Dated: Monday, March 9, 2009.
Bernadette McGuire-Rivera,
Associate Administrator, Office of
Telecommunications and Information
Applications.
David P. Grahn,
Associate General Counsel, Rural
Development.
[FR Doc. E9–5411 Filed 3–9–09; 4:15 pm]
BILLING CODE 3510–60–P
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
Associated Electric Cooperative
Incorporated: Notice of Availability of
an Environmental Assessment
Rural Utilities Service, USDA.
Notice of availability of an
Environmental Assessment for public
review.
AGENCY:
cprice-sewell on PRODPC61 with NOTICES
ACTION:
SUMMARY: The Rural Utilities Service, an
Agency delivering the U.S. Department
of Agriculture’s Rural Development
Utilities Programs, hereinafter referred
to as Rural Development and/or Agency,
has prepared an Environmental
Assessment (EA) to meet its
responsibilities under the National
Environmental Policy Act (NEPA) and 7
CFR 1794 related to possible financial
assistance to Associated Electric
Cooperative Incorporated (AECI) for the
construction of a new 540-megawatt
(MW) gas-fired combustion combinedcycle generation unit at the existing
Chouteau Power Plant in Mayes County,
Oklahoma. The proposed new unit is
needed to provide additional electric
generating capacity that would allow
AECI to meet its projected electrical
peaking demand in 2011–2016. AECI is
also proposing to construct a new
substation approximately two miles east
of the existing plant, a 161-kilovolt (kV)
transmission line from the existing plant
to the new substation, and a single
circuit 345-kV line from the new
substation to the nearby Grand River
VerDate Nov<24>2008
14:56 Mar 11, 2009
Jkt 217001
Dam Authority (GRDA) Coal-Fired
Power Plant I, Mayes County,
Oklahoma. The proposed new
transmission facilities are needed to
provide an outlet for the additional
electric power that would be generated
at the Chouteau Power Plant as a result
of the installation of the proposed new
combustion turbine (CT). AECI is
requesting financial assistance from the
Agency for the proposed action.
DATES: Written comments on this Notice
must be received on or before April 13,
2009.
FOR FURTHER INFORMATION CONTACT: To
obtain copies of the EA or for further
information, contact: Stephanie
Strength, Environmental Protection
Specialist, USDA, Rural Development,
Utilities Programs, 1400 Independence
Avenue, SW., Room 2244, Stop 1571,
Washington, DC 20250–1571, or e-mail
stephanie.strength@wdc.usda.gov.
A copy of the EA may be viewed
online at the Agency’s Web site:
https://www.usda.gov/rus/water/ees/
ea.htm and at AECI’s headquarters
office located at 211 South Golden,
Springfield, Missouri 65801–4775 and
at the: Pryor Public Library, 505 E
Graham, Pryor, OK 74361, (918) 825–
0777. Comments may be submitted to
Ms. Strength at the address provided in
this Notice.
SUPPLEMENTARY INFORMATION:
Associated Electric Cooperative, Inc.
proposes to construct a new 540-MW
gas-fired combustion combined-cycle
generation unit at the existing Chouteau
Power Plant in Mayes County,
Oklahoma with an in-service date of
early 2011. The existing plant includes
a 522 MW combined cycle generation
unit. The proposed 540 MW generating
plant will be connected to a new 161/
345-kV substation that will serve both
the existing and proposed generating
facilities. This substation will be located
approximately two miles east of the
Chouteau Power Plant on 16.7 acres. A
single circuit 161-kV transmission line
would be constructed from the existing
Chouteau Power Plant to the new 345/
161-kV substation and a single circuit
345-kV line will be constructed from the
new substation to the existing Grand
River Dam Authority (GRDA) Coal-Fired
Power Plant.
The proposed CTs would employ an
industrial frame advanced technology
CT equipped with dry low-nitrogen
oxide combustors. The CT would
operate on natural gas as a fuel source.
The construction of the proposal is
tentatively scheduled to begin in 2009
and the estimated duration of
construction would be 2 years.
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
10721
A Notice of Intent to Prepare an EA
and Hold a Scoping Meeting was
published in the Federal Register at
73FR51439, on September 3, 2008, The
Paper on September 8, 2008, and The
Daily Times on September 7, 2008. A
public meeting was held on September
16, 2008, at the Mid America Expo
Center, Mid America Industrial Park in
Pryor, Oklahoma 74361. A summary of
public comments can be found at the
Agency Web site listed in this Notice.
As part of its broad environmental
review process, the Agency must take
into account the effect of the proposal
on historic properties in accordance
with section 106 of the National Historic
Preservation Act and its implementing
regulation, ‘‘Protection of Historic
Properties’’ (36 CFR part 800). Pursuant
to 36 CFR 800.2(d)(3), the Agency is
using its procedures for public
involvement under NEPA to meet its
responsibilities to solicit and consider
the views of the public during section
106 review. Accordingly, comments
submitted in response to scoping will
inform Agency decisionmaking in
section 106 review. Any party wishing
to participate more directly with the
Agency as a ‘‘consulting party’’ in
section 106 review may submit a written
request to do so to the Agency contact
provided in this notice.
Alternatives considered by Rural
Development and AECI included for the
CTs were (a) no action, (b) alternate
sources of power, (c) load management,
(d) renewable energy sources, (e) nonrenewable energy sources, and (f)
alternate sites. The alternatives
considered for the transmission
facilities were (a) no action and (b)
alternate routes. An environmental
report that describes the proposal in
detail and discusses its anticipated
environmental impacts has been
prepared by AECI. Rural Development
has reviewed and accepted the
document as its EA of the proposal. The
EA is available for public review at the
addresses provided in this Notice.
Questions and comments should be
sent to Rural Development at the
mailing or e-mail addresses provided in
this Notice. Rural Development should
receive comments on the EA in writing
by April 13, 2009 to ensure that they are
considered in its environmental impact
determination.
Should Rural Development
determine, based on the EA of the
proposal, that the impacts of the
construction and operation of the
proposal would not have a significant
environmental impact, it will prepare a
Finding of No Significant Impact. Public
notification of a Finding of No
Significant Impact would be published
E:\FR\FM\12MRN1.SGM
12MRN1
]]>Agencies
[Federal Register Volume 74, Number 47 (Thursday, March 12, 2009)]
[Notices]
[Pages 10716-10721]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5411]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
[Docket No. 090309298-9299-01]
American Recovery and Reinvestment Act of 2009 Broadband
Initiatives
AGENCIES: National Telecommunications and Information Administration,
U.S. Department of Commerce; Rural Utilities Service, U.S. Department
of Agriculture.
ACTION: Joint request for information and notice of public meetings.
-----------------------------------------------------------------------
SUMMARY: Section 6001 of the American Recovery and Reinvestment Act of
2009 (Recovery Act) requires the National Telecommunications and
Information Administration (NTIA) to establish the Broadband Technology
Opportunities Program (BTOP). The Recovery Act further establishes
authority for the Rural Utilities Service (RUS) to make grants and
loans for the deployment and construction of broadband systems. NTIA
and RUS will hold a series of public meetings about the new programs
beginning on March 16, 2009. In addition to the information received
about the new programs during the public meetings, written comments
will be accepted through April 13, 2009. Through this notice, guidance
is provided as to the matters to be discussed at these public meetings
and
[[Page 10717]]
the categories of information with respect to which interested parties
may submit comments.
DATES: There will be a series of public meetings in Washington, DC on
March 16, 19, 23 and 24, 2009. Field hearings will be held in other
locations on March 17 and 18, 2009. These times and the agenda topics
are subject to change. Please refer to NTIA's Web site, https://
www.ntia.doc.gov/broadbandgrants or the RUS Web site https://
www.rurdev.usda.gov/, for the most up-to-date meeting agenda.
Additional meetings may be announced in the future. Comments will be
received through April 13, 2009.
Time and Place: The meetings on March 16, 19, 23, and 24, 2009 will
begin at 10 a.m. and will take place at the U.S. Department of
Commerce, 1401 Constitution Avenue, NW., Washington, DC 20230. The
meetings on March 17 and 18, 2009, will be field hearings. The location
and time of the field hearings on March 17 and 18 will be announced on
https://www.ntia.doc.gov/broadbandgrants and on https://
www.rurdev.usda.gov/. Webcast and/or transcripts of all of
the public meetings will be made available on NTIA's Web site.
Times and locations are subject to change. Any changes will be
announced on the NTIA Web site https://www.ntia.doc.gov/broadbandgrants
or the RUS Web site https://www.rurdev.usda.gov/.
FOR FURTHER INFORMATION: For further information regarding the
meetings, contact Barbara Brown at (202) 482-4374 or
bbrown@ntia.doc.gov; Mary Campanola, USDA at (202) 720-8822 or
mary.campanola@usda.gov.
SUPPLEMENTARY INFORMATION: Section 6001 of the American Recovery and
Reinvestment Act of 2009 (Recovery Act) requires the National
Telecommunications and Information Administration (NTIA), in
consultation with the Federal Communications Commission (FCC), to
establish the Broadband Technology Opportunities Program (BTOP). The
purposes of the BTOP include accelerating broadband deployment in
unserved and underserved areas and ensuring that strategic institutions
that are likely to create jobs or provide significant public benefits
have broadband connections. The Recovery Act also establishes authority
for the RUS to make grants and loans for the deployment and
construction of broadband systems. The purpose of the additional RUS
broadband authority is to improve access to broadband areas without
service or that lack sufficient access to high-speed broadband service
to facilitate economic development. In order to facilitate the
coordinated development of these programs, NTIA and RUS will host a
series of public meetings related to the NTIA's and RUS' broadband
Recovery Act activities beginning on March 16, 2009. These meetings are
in addition to the Joint Meeting to be held on March 10, 2009 at the
Department of Commerce.\1\ FCC representatives will participate in the
public meetings related to the FCC's mission. The public meetings will
be organized around key program themes, including but not limited to
the definitions to be adopted, the role of the states in the grants
process, the relationship of BTOP to the RUS loan and grant program and
other Recovery Act programs, the grant selection criteria, the role of
for-profit providers as potential grant recipients, and other topics.
---------------------------------------------------------------------------
\1\ Joint Notice of Public Meeting, 38 FR 8914 (Feb. 27, 2009).
---------------------------------------------------------------------------
Matters To Be Considered: Information is being sought on the
following topics. Aspects of some of these topics will be discussed at
the public meetings. Interested parties are invited to attend the
meetings and to submit comments for the record on these topics to
assist NTIA in establishing and administering BTOP and RUS in
implementing its expanded authority. Comments addressing specific
agency questions may be used by either agency in formulating its
respective programs. Comments will be received through April 13, 2009.
NTIA
1. The Purposes of the Grant Program: Section 6001 of the Recovery
Act establishes five purposes for the BTOP grant program.\2\
---------------------------------------------------------------------------
\2\ Section 6001(b) states that the purposes of the program are
to--
(1) Provide access to broadband service to consumers residing in
unserved areas of the United States;
(2) provide improved access to broadband service to consumers
residing in underserved areas of the United States;
(3) provide broadband education, awareness, training, access,
equipment, and support to--
(A) Schools, libraries, medical and healthcare providers,
community colleges, and other institutions of higher education, and
other community support organizations and entities to facilitate
greater use of broadband service by or through these organizations;
(B) organizations and agencies that provide outreach, access,
equipment, and support services to facilitate greater use of
broadband service by low-income, unemployed, aged, and otherwise
vulnerable populations; and
(C) job-creating strategic facilities located within a State-
designated economic zone, Economic Development District designated
by the Department of Commerce, Renewal Community or Empowerment Zone
designated by the Department of Housing and Urban Development, or
Enterprise Community designated by the Department of Agriculture;
(4) improve access to, and use, of broadband service by public
safety agencies; and
(5) stimulate the demand for broadband, economic growth, and job
creation.
---------------------------------------------------------------------------
a. Should a certain percentage of grant funds be apportioned to
each category?
b. Should applicants be encouraged to address more than one
purpose?
c. How should the BTOP leverage or respond to the other broadband-
related portions of the Recovery Act, including the United States
Department of Agriculture (USDA) grants and loans program as well as
the portions of the Recovery Act that address smart grids, health
information technology, education, and transportation infrastructure?
2. The Role of the States: The Recovery Act states that NTIA may
consult the States (including the District of Columbia, territories,
and possessions) with respect to various aspects of the BTOP.\3\ The
Recovery Act also requires that, to the extent practical, the BTOP
award at least one grant to every State.\4\
---------------------------------------------------------------------------
\3\ Section 6001(c) states that the Assistant Secretary may
consult a State, the District of Columbia, or territory or
possession of the United States with respect to--
(1) The identification of areas described in subsection (b)(1)
or (2) located in that State; and
(2) the allocation of grant funds within that State for projects
in or affecting the State.
\4\ Section 6001(h)(1).
---------------------------------------------------------------------------
a. How should the grant program consider State priorities in
awarding grants?
b. What is the appropriate role for States in selecting projects
for funding?
c. How should NTIA resolve differences among groups or
constituencies within a State in establishing priorities for funding?
d. How should NTIA ensure that projects proposed by States are
well-executed and produce worthwhile and measurable results?
3. Eligible Grant Recipients: The Recovery Act establishes entities
that are eligible for a grant under the program.\5\ The Recovery Act
requires
[[Page 10718]]
NTIA to determine by rule whether it is in the public interest that
entities other than those listed in Section 6001(e)(1)(A) and (B)
should be eligible for grant awards. What standard should NTIA apply to
determine whether it is in the public interest that entities other than
those described in Section 6001(e)(1)(A) and (B) should be eligible for
grant awards?
---------------------------------------------------------------------------
\5\ Section 6001(e) states that eligible applicants shall--
(1)(A) Be a State or political subdivision thereof, the District
of Columbia, a territory or possession of the United States, an
Indian tribe (as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450(b)) or
native Hawaiian organization;
(B) a nonprofit--
(i) foundation,
(ii) corporation,
(iii) institution, or
(iv) association; or
(C) any other entity, including a broadband service or
infrastructure provider, that the Assistant Secretary finds by rule
to be in the public interest. In establishing such rule, the
Assistant Secretary shall to the extent practicable promote the
purposes of this section in a technologically neutral manner * * *.
---------------------------------------------------------------------------
4. Establishing Selection Criteria for Grant Awards: The Recovery
Act establishes several considerations for awarding grants under the
BTOP.\6\ In addition to these considerations, NTIA may consider other
priorities in selecting competitive grants.
---------------------------------------------------------------------------
\6\ Section 6001(h) states that NTIA, in awarding grants, shall,
to the extent practical--
(2) Consider whether an application to deploy infrastructure in
an area--
a. Will, if approved, increase the affordability of, and
subscribership to, service to the greatest population of users in
the area;
b. will, if approved, provide the greatest broadband speed
possible to the greatest population of users in the area;
c. will, if approved, enhance service for health care delivery,
education, or children to the greatest population of users in the
area; and
d. will, if approved, not result in unjust enrichment as a
result of support for non-recurring costs through another Federal
program for service in the area;
(3) consider whether the applicant is a socially and
economically disadvantaged small business concern as defined under
section 8(a) of the Small Business Act (15 U.S.C. 637).
---------------------------------------------------------------------------
a. What factors should NTIA consider in establishing selection
criteria for grant awards? How can NTIA determine that a Federal
funding need exists and that private investment is not displaced? How
should the long-term feasibility of the investment be judged?
b. What should the weighting of these criteria be in determining
consideration for grant and loan awards?
c. How should the BTOP prioritize proposals that serve underserved
or unserved areas? Should the BTOP consider USDA broadband grant awards
and loans in establishing these priorities?
d. Should priority be given to proposals that leverage other
Recovery Act projects?
e. Should priority be given to proposals that address several
purposes, serve several of the populations identified in the Recovery
Act, or provide service to different types of areas?
f. What factors should be given priority in determining whether
proposals will encourage sustainable adoption of broadband service?
g. Should the fact that different technologies can provide
different service characteristics, such as speed and use of dedicated
or shared links, be considered given the statute's direction that, to
the extent practicable, the purposes of the statute should be promoted
in a technologically neutral fashion?
h. What role, if any, should retail price play in the grant
program?
5. Grant Mechanics: The Recovery Act requires all agencies to
distribute funds efficiently and fund projects that would not receive
investment otherwise.
a. What mechanisms for distributing stimulus funds should be used
by NTIA and USDA in addition to traditional grant and loan programs?
b. How would these mechanisms address shortcomings, if any, in
traditional grant or loan mechanisms in the context of the Recovery
Act?
6. Grants for Expanding Public Computer Center Capacity: The
Recovery Act directs that not less than $200,000,000 of the BTOP shall
be awarded for grants that expand public computer center capacity,
including at community colleges and public libraries.
a. What selection criteria should be applied to ensure the success
of this aspect of the program?
b. What additional institutions other than community colleges and
public libraries should be considered as eligible recipients under this
program?
7. Grants for Innovative Programs to Encourage Sustainable Adoption
of Broadband Service: The Recovery Act directs that not less than
$250,000,000 of the BTOP shall be awarded for grants for innovative
programs to encourage sustainable adoption of broadband services.
a. What selection criteria should be applied to ensure the success
of this program?
b. What measures should be used to determine whether such
innovative programs have succeeded in creating sustainable adoption of
broadband services?
8. Broadband Mapping: The Recovery Act directs NTIA to establish a
comprehensive 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 provider or public provider throughout each
State.\7\
---------------------------------------------------------------------------
\7\ Section 6001(l).
---------------------------------------------------------------------------
a. What uses should such a map be capable of serving?
b. What specific information should the broadband map contain, and
should the map provide different types of information to different
users (e.g., consumers versus governmental entities)?
c. At what level of geographic or other granularity should the
broadband map provide information on broadband service?
d. What other factors should NTIA take into consideration in
fulfilling the requirements of the Broadband Data Improvement Act,
Public Law 110-385 (2008)?
e. Are there State or other mapping programs that provide models
for the statewide inventory grants?
f. Specifically what information should states collect as
conditions of receiving statewide inventory grants?
g. What technical specifications should be required of State
grantees to ensure that statewide inventory maps can be efficiently
rolled up into a searchable national broadband database to be made
available on NTIA's Web site no later than February 2011?
h. Should other conditions attach to statewide inventory grants?
i. What information, other than statewide inventory information,
should populate the comprehensive nationwide map?
j. The Recovery Act and the Broadband Data Improvement Act (BDIA)
imposes duties on both NTIA and FCC concerning the collection of
broadband data. Given the statutory requirements of the Recovery Act
and the BDIA, how should NTIA and FCC best work together to meet these
requirements?
9. Financial Contributions by Grant Applicants: The Recovery Act
requires that the Federal share of funding for any proposal may not
exceed 80 percent of the total grant.\8\ The Recovery Act also requires
that applicants demonstrate that their proposals would not have been
implemented during the grant period without Federal assistance.\9\ The
Recovery Act allows for an increase in the Federal share beyond 80
percent if the applicant petitions NTIA and demonstrates financial
need.
---------------------------------------------------------------------------
\8\ Section 6001(f).
\9\ Section 6001(e)(3).
---------------------------------------------------------------------------
a. What factors should an applicant show to establish the
``financial need'' necessary to receive more than 80 percent of a
project's cost in grant funds?
b. What factors should the NTIA apply in deciding that a particular
proposal should receive less than an 80 percent Federal share?
[[Page 10719]]
c. What showing should be necessary to demonstrate that the
proposal would not have been implemented without Federal assistance?
10. Timely Completion of Proposals: The Recovery Act states that
NTIA shall establish the BTOP as expeditiously as practicable, ensure
that all awards are made before the end of fiscal year 2010, and seek
assurances from grantees that projects supported by the programs will
be substantially completed within two (2) years following an award.\10\
The Recovery Act also requires that grant recipients report quarterly
on the recipient's use of grant funds and the grant recipient's
progress in fulfilling the objectives of the grant proposal.\11\ The
Recovery Act permits NTIA to de-obligate awards to grant recipients
that demonstrate an insufficient level of performance, or wasteful or
fraudulent spending (as defined by NTIA in advance), and award these
funds to new or existing applicants.\12\
---------------------------------------------------------------------------
\10\ Section 6001(d).
\11\ Section 6001(i)(1).
\12\ Section 6001(i)(4).
---------------------------------------------------------------------------
a. What is the most efficient, effective, and fair way to carry out
the requirement that the BTOP be established expeditiously and that
awards be made before the end of fiscal year 2010?
b. What elements should be included in the application to ensure
the projects can be completed within two (2) years (e.g., timelines,
milestones, letters of agreement with partners)?
11. Reporting and Deobligation: The Recovery Act also requires that
grant recipients report quarterly on the recipient's use of grant funds
and progress in fulfilling the objectives of the grant proposal.\13\
The Recovery Act permits NTIA to de-obligate funds for grant awards
that demonstrate an insufficient level of performance, or wasteful or
fraudulent spending (as defined by NTIA in advance), and award these
funds to new or existing applicants.\14\
---------------------------------------------------------------------------
\13\ Section 6001(i)(1).
\14\ Section 6001(i)(4).
---------------------------------------------------------------------------
a. How should NTIA define wasteful or fraudulent spending for
purposes of the grant program?
b. How should NTIA determine that performance is at an
``insufficient level?''
c. If such spending is detected, what actions should NTIA take to
ensure effective use of investments made and remaining funding?
12. Coordination with USDA's Broadband Grant Program: The Recovery
Act directs USDA's Rural Development Office to distribute $2.5 billion
dollars in loans, loan guarantees, and grants for broadband deployment.
The stated focus of the USDA's program is economic development in rural
areas. NTIA has broad authority in its grant program to award grants
throughout the United States. Although the two programs have different
statutory structures, the programs have many similar purposes, namely
the promotion of economic development based on deployment of broadband
service and technologies.
a. What specific programmatic elements should both agencies adopt
to ensure that grant funds are utilized in the most effective and
efficient manner?
b. In cases where proposals encompass both rural and non-rural
areas, what programmatic elements should the agencies establish to
ensure that worthy projects are funded by one or both programs in the
most cost effective manner without unjustly enriching the applicant(s)?
13. Definitions: The Conference Report on the Recovery Act states
that NTIA should consult with the FCC on defining the terms ``unserved
area,'' ``underserved area,'' and ``broadband.'' \15\ The Recovery Act
also requires that NTIA shall, in coordination with the FCC, publish
nondiscrimination and network interconnection obligations that shall be
contractual conditions of grant awards, including, at a minimum,
adherence to the principles contained in the FCC's broadband policy
statement (FCC 05-15, adopted August 5, 2005).\16\
---------------------------------------------------------------------------
\15\ H.R. Rep. No. 111-16, at 776 (2009) (Conf. Rep.).
\16\ Section 6001(j).
---------------------------------------------------------------------------
a. For purposes of the BTOP, how should NTIA, in consultation with
the FCC, define the terms ``unserved area'' and ``underserved area?''
b. How should the BTOP define ``broadband service?''
(1) Should the BTOP establish threshold transmission speeds for
purposes of analyzing whether an area is ``unserved'' or
``underserved'' and prioritizing grant awards? Should thresholds be
rigid or flexible?
(2) Should the BTOP establish different threshold speeds for
different technology platforms?
(3) What should any such threshold speed(s) be, and how should they
be measured and evaluated (e.g., advertised speed, average speed,
typical speed, maximum speed)?
(4) Should the threshold speeds be symmetrical or asymmetrical?
(5) How should the BTOP consider the impacts of the use of shared
facilities by service providers and of network congestion?
c. How should the BTOP define the nondiscrimination and network
interconnection obligations that will be contractual conditions of
grants awarded under Section 6001?
(1) In defining nondiscrimination obligations, what elements of
network management techniques to be used by grantees, if any, should be
described and permitted as a condition of any grant?
(2) Should the network interconnection obligation be based on
existing statutory schemes? If not, what should the interconnection
obligation be?
(3) Should there be different nondiscrimination and network
interconnection standards for different technology platforms?
(4) Should failure to abide by whatever obligations are established
result in de-obligation of fund awards?
(5) In the case of infrastructure paid for in whole or part by
grant funds, should the obligations extend beyond the life of the grant
and attach for the useable life of the infrastructure?
d. Are there other terms in this section of the Recovery Act, such
as ``community anchor institutions,'' that NTIA should define to ensure
the success of the grant program? If so, what are those terms and how
should those terms be defined, given the stated purposes of the
Recovery Act?
e. What role, if any, should retail price play in these
definitions?
14. Measuring the Success of the BTOP: The Recovery Act permits
NTIA to establish additional reporting and information requirements for
any recipient of grant program funds.
a. What measurements can be used to determine whether an individual
proposal has successfully complied with the statutory obligations and
project timelines?
b. Should applicants be required to report on a set of common data
elements so that the relative success of individual proposals may be
measured? If so, what should those elements be?
15. Please provide comment on any other issues that NTIA should
consider in creating BTOP within the confines of the statutory
structure established by the Recovery Act.
RUS
The provisions regarding the RUS Recovery Act broadband grant and
loan activities are found in Division A, title I under the heading
Rural Utilities Service, Distance Learning, Telemedicine and Broadband
Program of the Recovery Act.\17\
---------------------------------------------------------------------------
\17\ The text of this authority is as follows:
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM For an
additional amount for the cost of broadband loans and loan
guarantees, as authorized by the Rural Electrification Act of 1936
(7 U.S.C. 901 et seq.) and for grants (including for technical
assistance), $2,500,000,000: Provided, That the cost of direct and
guaranteed loans shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That,
notwithstanding title VI of the Rural Electrification Act of 1936,
this amount is available for grants, loans and loan guarantees for
broadband infrastructure in any area of the United States: Provided
further, That at least 75 percent of the area to be served by a
project receiving funds from such grants, loans or loan guarantees
shall be in a rural area without sufficient access to high speed
broadband service to facilitate rural economic development, as
determined by the Secretary of Agriculture: Provided further, That
priority for awarding such funds shall be given to project
applications for broadband systems that will deliver end users a
choice of more than one service provider: Provided further, That
priority for awarding funds made available under this paragraph
shall be given to projects that provide service to the highest
proportion of rural residents that do not have access to broadband
service: Provided further, That priority shall be given for project
applications from borrowers or former borrowers under title II of
the Rural Electrification Act of 1936 and for project applications
that include such borrowers or former borrowers: Provided further,
That priority for awarding such funds shall be given to project
applications that demonstrate that, if the application is approved,
all project elements will be fully funded: Provided further, That
priority for awarding such funds shall be given to project
applications for activities that can be completed if the requested
funds are provided: Provided further, That priority for awarding
such funds shall be given to activities that can commence promptly
following approval: Provided further, That no area of a project
funded with amounts made available under this paragraph may receive
funding to provide broadband service under the Broadband Technology
Opportunities Program: Provided further, That the Secretary shall
submit a report on planned spending and actual obligations
describing the use of these funds not later than 90 days after the
date of enactment of this Act, and quarterly thereafter until all
funds are obligated, to the Committees on Appropriations of the
House of Representatives and the Senate.
---------------------------------------------------------------------------
[[Page 10720]]
1. What are the most effective ways RUS could offer broadband funds
to ensure that rural residents that lack access to broadband will
receive it?
For a number of years, RUS has struggled to find an effective way
to use the Agency's current broadband loan program to provide broadband
access to rural residents that lack such access. RUS believes that the
authority to provide grants as well as loans will give it the tools
necessary to achieve that goal. RUS is looking for suggestions as to
the best ways to:
a. Bundle loan and grant funding options to ensure such access is
provided in the projects funded under the Recovery Act to areas that
could not traditionally afford the investment;
b. Promote leveraging of Recovery Act funding with private
investment that ensures project viability and future sustainability;
and
c. Ensure that Recovery Funding is targeted to unserved areas that
stand to benefit the most from this funding opportunity.
2. In what ways can RUS and NTIA best align their Recovery Act
broadband activities to make the most efficient and effective use of
the Recovery Act broadband funds?
In the Recovery Act, Congress provided funding and authorities to
both RUS and the NTIA to expand the development of broadband throughout
the country. Taking into account the authorities and limitations
provided in the Recovery Act, RUS is looking for suggestions as to how
both agencies can conduct their Recovery Act broadband activities so as
to foster effective broadband development. For instance:
(a) RUS is charged with ensuring that 75 percent of the area is
rural and without sufficient access needed for economic development.
How should this definition be reconciled with the NTIA definitions of
``unserved'' and ``underserved?''
(b) How should the agencies structure their eligibility
requirements and other programmatic elements to ensure that applicants
that desire to seek funding from both agencies (i) do not receive
duplicate resources and (ii) are not hampered in their ability to apply
for funds from both agencies?
3. How should RUS evaluate whether a particular level of broadband
access and service is needed to facilitate economic development?
Seventy-five percent of an area to be funded under the Recovery Act
must be in an area that USDA determines lacks sufficient ``high speed
broadband service to facilitate rural economic development.'' RUS is
seeking suggestions as to the factors it should use to make such
determinations.
(a) How should RUS define ``rural economic development?'' What
factors should be considered, in terms of job growth, sustainability,
and other economic and socio-economic benefits?
(b) What speeds are needed to facilitate ``economic development?''
What does ``high speed broadband service'' mean?
(c) What factors should be considered, when creating economic
development incentives, in constructing facilities in areas outside the
seventy-five percent area that is rural (i.e., within an area that is
less than 25 percent rural)?
4. In further evaluating projects, RUS must consider the priorities
listed below. What value should be assigned to those factors in
selecting applications? What additional priorities should be considered
by RUS?
Priorities have been assigned to projects that will: (1) Give end-
users a choice of Internet service providers, (2) serve the highest
proportion of rural residents that lack access to broadband service,
(3) be projects of current and former RUS borrowers, and (4) be fully
funded and ready to start once they receive funding under the Recovery
Act.
5. What benchmarks should RUS use to determine the success of its
Recovery Act broadband activities?
The Recovery Act gives RUS new tools to expand the availability of
broadband in rural America. RUS is seeking suggestions regarding how it
can measure the effectiveness of its funding programs under the
Recovery Act. Factors to consider include, but are not limited to:
a. Businesses and residences with ``first-time'' access.
b. Critical facilities provided new and/or improved service:
i. Educational institutions.
ii. Healthcare providers.
iii. Public service/safety.
c. Businesses created or saved.
d. Job retention and/or creation.
e. Decline in unemployment rates.
f. State, local, community support.
Status: Interested parties are invited to attend the public
meetings and to submit written comments. Written comments that exceed
five pages should include a one-page executive summary. Submissions
containing ten (10) or more pages of text must include a table of
contents and an executive summary. NTIA will coordinate the reception
of written comments for both RUS and NTIA programs. Interested parties
are permitted to file comments electronically via e-mail to
BTOP@ntia.doc.gov. Parties are strongly encouraged to make electronic
submissions of documents containing ten (10) or more pages. Comments
provided via e-mail may be submitted in one or more of the formats
specified below. Comments may be filed with NTIA through April 13,
2009.
Paper comments should be sent to: Broadband Technology
Opportunities Program, U.S. Department of Commerce, Room 4812, 1401
Constitution Avenue, NW., Washington, DC 20230. Please note that all
material sent via the U. S. Postal Service (including ``Overnight'' or
``Express Mail'') is subject to delivery delays of up to two weeks due
to mail security procedures. All written comments received will be
posted on the NTIA Web site at https://www.ntia.doc.gov/broadbandgrants.
Paper submissions should also include a CD or DVD in HTML, ASCII,
Word or WordPerfect format (please specify version). CDs or DVDs should
be labeled with the name and organizational affiliation of the filer,
and
[[Page 10721]]
the name of the word processing program used to create the document.
Because of space limitation, attendance at the meeting will be
determined on a first-come, first-served basis. The meeting will be
physically accessible to people with disabilities. Individuals
requiring special services, such as sign language interpretation or
other ancillary aids, are asked to indicate this to Barbara Brown,
bbrown@ntia.doc.gov at least two (2) days prior to the meeting. Members
of the public will have an opportunity to provide comment at the
meetings, time permitting.
Dated: Monday, March 9, 2009.
Bernadette McGuire-Rivera,
Associate Administrator, Office of Telecommunications and Information
Applications.
David P. Grahn,
Associate General Counsel, Rural Development.
[FR Doc. E9-5411 Filed 3-9-09; 4:15 pm]
BILLING CODE 3510-60-P
