State Broadband Data and Development Grant Program, 32545-32565 [E9-16103]

Agencies

• DEPARTMENT OF COMMERCE
• National Telecommunications and Information Administration

[Federal Register Volume 74, Number 129 (Wednesday, July 8, 2009)]
[Notices]
[Pages 32545-32565]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-16103]


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DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration

RIN 0660-ZA29


State Broadband Data and Development Grant Program

AGENCY: The National Telecommunications and Information Administration, 
U.S. Department of Commerce.

ACTION: Notice of funds availability (Notice) and solicitation of 
applications.

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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 111-5 (Feb. 17, 
2009), and the Broadband Data Improvement Act (BDIA), Title I of Public 
Law 110-385, 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, merit-based matching grant program that effects the 
joint purposes of the Recovery Act and the BDIA by funding projects 
that collect comprehensive and accurate State-level broadband mapping 
data, develop State-level broadband maps, aid in the development and 
maintenance of a national broadband map, and fund statewide initiatives 
directed at broadband planning.

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.

ADDRESSES: All applications must be submitted through the online 
Grants.gov system no later than 11:59 p.m. ET on August 14, 2009, as 
more fully described in the section entitled ``Request for Application 
Package'' below. 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.

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 202-482-4949 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 https://www.ntia.doc.gov/broadbandgrants.

SUPPLEMENTARY 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.
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    \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).
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    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 
broadband-related data at the State level and the development of 
statewide broadband maps.\6\
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    \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 4100-4101.
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    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 broadband-related data 
as well as funding for planning programs at the State level. Awardees 
will use the broadband-related 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.
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    \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 https://www.ntia.doc.gov/broadbandgrants/meetings.html.
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    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.
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    \9\ Agendas, transcripts, and presentations from each meeting 
are available on NTIA's Web site at https://www.ntia.doc.gov/broadbandgrants/meetings.html. All public comments in Docket No. 
090309298-9299-01 are on file with NTIA and may be viewed on NTIA's 
Web site at https://www.ntia.doc.gov/broadbandgrants/comments.cfm.
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II. Funding Opportunity Description

    A. Program Description: The State Broadband Data Program is a 
competitive, merit-based 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 State-level broadband mapping data, develop 
State-level 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 grant-making 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.
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    \10\ However, NTIA is considering methods for displaying some 
pricing data that will be collected through other avenues.
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    In addition to the above broadband-related 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 high-quality projects that are 
designed to gather data at the address-level 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 State-specific 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 State-level 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 
cost-efficient 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 mapping-related 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 planning-related 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 subject-matter 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 two-way 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 two-way 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 non-commercial 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\
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    \11\ BDIA Sec.  106(h), 122 Stat. at 4101.
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    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 
Internet-access services. Internet Service Providers (ISPs) are not 
``end users'' for this purpose.
    In-Kind Contribution. Qualifying non-cash donations, including 
third-party in-kind contributions, of property, goods or services, 
which benefit a Federally assisted project, and which may count toward 
satisfying the non-Federal matching requirement. See the section 
entitled ``Eligibility Information'' below for a full discussion of the 
Program's treatment of in-kind contributions and the Federal structure 
for determining when a contribution qualifies.
    Pre-Award 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 111-5, 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 facilities-based 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.
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    \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 
small-area geographic studies. See the Census Bureau's Web site at 
https://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 projects--Last Mile and 
Middle Mile.
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    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 facilities-based 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.
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    \14\ Recovery Act, Title II, Div. A. 123 Stat. at 128.
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    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\
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    \15\ BDIA Sec.  106(i)(2)(B), 122 Stat. at 4102.
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    Matching Funds and Cost Sharing Requirements: Awardees under this 
Program will be required to provide and document at least 20 percent 
non-Federal 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 in-kind 
contributions consistent with 15 CFR 14.23, 24.3, and 24.24. Certain 
pre-award 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 in-kind 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.
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    \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 Non-profit, 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).
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    In-Kind Contributions. In-kind contributions, which include third-
party in-kind contributions, are non-cash donations of property, goods 
or services, which benefit a Federally assisted project, and which may 
count toward satisfying the non-Federal matching requirement when they 
meet certain criteria.\17\ The rules governing allowable in-kind 
contributions are very detailed and encompass a wide range of 
properties and services. NTIA encourages grant applicants to consider 
thoroughly potential sources of in-kind 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 BDIA-eligible uses under this 
Program. If data previously collected is to be claimed as an in-kind 
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 in-kind credit for an amount different than that claimed by 
the applicant.
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    \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 A-122, Cost 
Principles for Non-Profit 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.
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    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.
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    \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).
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    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\
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    \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.
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    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 Self-Determination 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.
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    \21\ 25 U.S.C. 450(b).
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    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 State-designated 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.
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    \22\ BDIA Sec.  106(f), 122 Stat. at 4101.
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    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.
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    \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 Federally-recognized Indian tribal 
governments is determined in accordance with the provisions of OMB 
Circular A-87, ``Cost Principles for State, Local and Indian Tribal 
Governments.'' The allowability of costs incurred by non-profit 
organizations is determined in accordance with the provisions of OMB 
Circular A-122, ``Cost Principles for Non-Profit Organizations.'' 
The allowability of costs incurred by institutions of higher 
education is determined in accordance with the provisions of OMB 
Circular A-21, ``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 
non-profit organizations listed in Attachment C to Circular A-122 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).
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    2. Recovery Act-Specific 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\
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    \24\ Recovery Act Sec.  1604, 123 Stat. at 303.
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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 e-Government 
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 (https://www.grants.gov). Application forms and instructions are also available 
at Grants.gov. To access these materials, go to https://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, e-mail 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 toll-free DUNS number 
request line at 1-866-705-5711 or via the Internet at https://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: https://www.ccr.gov/StartRegistration.aspx.
    C. Content and Form of Application Submitted Through Grants.gov: 
The following is a list of required application forms:
     Standard Form 424, Program Abstract/Program Narrative;
     Standard Form 424, Application for Federal Assistance;
     Standard Form 424A, Budget Information--Non-Construction 
Programs;
     Standard Form 424B, Assurances--Non-Construction Programs;
     Standard Form LLL, Disclosure of Lobbying Activities;
     CD-511 Certification Regarding Lobbying; and
     Letter of State Designation.
    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\
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    \25\ Applicants may illustrate such known unserved areas through 
submission of a map.
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    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 
State-level 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 in-kind 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 telecommunications-related 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 
semi-annual basis continuing for at least five (5) years after the date 
of the initial collection.\26\
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    \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.
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    5. Planning and Collaboration:
    Applicants must provide a description of how the applicant intends 
to collaborate with State-level 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.
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    \27\ \\ For example, a project should propose to collect 
availability data by address, as required by the Technical Appendix, 
and should cross-check 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, on-the-ground 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).
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    (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 non-Federal 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 telecommunications-related 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