Infrastructure Investment and Jobs Act Implementation, 1122-1126 [2022-00221]
Download as PDF
<![CDATA[
1122
Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Notices
have not received their own separate
rate, the cash deposit rate will be the
rate applicable to the China exporter
that supplied that non-China exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties has occurred and
the subsequent assessment of double
antidumping duties.
Administrative Protective Orders
This notice also serves as a final
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review in
accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR
351.221(b)(5) and 19 CFR 351.213(h)(1).
Dated: January 4, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
khammond on DSKJM1Z7X2PROD with NOTICES
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Tainai’s Eligibility for a
Separate Rate
Comment 2: Application of Adverse Facts
Available to Tainai
Comment 3: Surrogate Values for Certain
Factors of Production
Comment 4: Surrogate Value for Bearing
Steel
VerDate Sep<11>2014
18:16 Jan 07, 2022
Jkt 256001
Comment 5: Romanian Surrogate Financial
Ratios
Comment 6: Applicability of Surrogate
Financial Ratios
Comment 7: Deduction of Section 301
Duties
Comment 8: Capping Section 301 Duty
Payments
Comment 9: By-Product Offset
Comment 10: Tainai’s Weighted-Average
Dumping Margin
Comment 11: Exclusion of Precision
Components Inc.’s Imports from the
Order
VI. Recommendation
National Oceanic and Atmospheric
Administration
The need for a leasing program, and (2)
what should the leasing program
consider. Other business will be
discussed, if necessary. Although nonemergency issues not contained on the
agenda may come before this Council
for discussion, those issues may not be
the subject of formal action during this
meeting. Council action will be
restricted to those issues specifically
listed in this notice and any issues
arising after publication of this notice
that require emergency action under
section 305(c) of the Magnuson-Stevens
Act, provided the public has been
notified of the Council’s intent to take
final action to address the emergency.
The public also should be aware that the
meeting will be recorded. Consistent
with 16 U.S.C. 1852, a copy of the
recording is available upon request.
[RTID 0648–XB705]
Special Accommodations
[FR Doc. 2022–00217 Filed 1–7–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
The New England Fishery
Management Council (Council) is
scheduling a joint public meeting of its
Scallop Advisory Panel via webinar to
consider actions affecting New England
fisheries in the exclusive economic zone
(EEZ). Recommendations from this
group will be brought to the full Council
for formal consideration and action, if
appropriate.
DATES: This webinar will be held on
Wednesday, January 26, 2022, at 9 a.m.
Webinar registration URL information:
https://attendee.gotowebinar.com/
register/5215827395962115339.
ADDRESSES: Council address: New
England Fishery Management Council,
50 Water Street, Mill 2, Newburyport,
MA 01950.
FOR FURTHER INFORMATION CONTACT:
Thomas A. Nies, Executive Director,
New England Fishery Management
Council; telephone: (978) 465–0492.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Agenda
The Advisory Panel will receive an
update on the implementation timeline
for Framework Adjustment 34 and
Amendment 21. They plan to review
2022 scallop workload based on
priorities approved by the Council at its
December meeting and discuss potential
timelines for completing each task. The
panel will review a draft scoping
document that will be used to assess: (1)
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Thomas A. Nies, Executive Director, at
(978) 465–0492, at least 5 days prior to
the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 5, 2022.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2022–00176 Filed 1–7–22; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Telecommunications and
Information Administration
[Docket No. 220105–0002]
RIN 0660–ZA33
Infrastructure Investment and Jobs Act
Implementation
National Telecommunications
and Information Administration, U.S.
Department of Commerce.
ACTION: Notice, Request for Comment.
AGENCY:
On November 15, 2021,
President Biden signed the
Infrastructure Investment and Jobs Act
of 2021 into law, also known (and
referred to subsequently herein) as the
Bipartisan Infrastructure Law (BIL),
which includes a historic investment of
$65 billion to help close the digital
divide and ensure that all Americans
have access to reliable, affordable, highspeed broadband. The National
Telecommunications and Information
Administration (NTIA), is responsible
for distributing more than $48 billion in
SUMMARY:
E:\FR\FM\10JAN1.SGM
10JAN1
khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Notices
BIL broadband funding through several
different programs. NTIA has
established multiple avenues for the
public to offer input to inform program
design and implementation. This
includes a series of public virtual
listening sessions (see ADDRESSES
below) as well as the opportunity for
stakeholders across the nation to make
their views known in response to this
Notice and Request for Comment
(Notice). NTIA welcomes input from all
interested parties.
DATES: Submit written comments on or
before 5 p.m. Eastern Standard Time on
February 4, 2022.
ADDRESSES: All electronic public
comments on this action, identified by
Regs.gov docket number NTIA–2021–
0002, may be submitted through the
Federal e-Rulemaking Portal at https://
www.regulations.gov. The docket
established for this rulemaking can be
found at www.Regulations.gov, NTIA–
2021–0002. Click the ‘‘Comment Now!’’
icon, complete the required fields, and
enter or attach your comments.
Responders should include a page
number on each page of their
submissions. Please do not include in
your comments information of a
confidential nature, such as sensitive
personal information or proprietary
information. All comments received are
a part of the public record and will
generally be posted to Regulations.gov
without change. All personal identifying
information (e.g., name, address)
voluntarily submitted by the commenter
may be publicly accessible. Information
obtained as a result of this notice may
be used by the federal government for
program planning on a non-attribution
basis.
In addition to inviting written
submissions through this Notice, NTIA
is hosting a series of public virtual
listening sessions. More information
about the listening sessions can be
found at https://www.ntia.doc.gov/
federal-register-notice/2021/broadbandgrant-programs-public-virtual-listeningsessions.
FOR FURTHER INFORMATION CONTACT:
Please direct questions regarding this
Notice to BroadbandForAll@ntia.gov,
indicating ‘‘Notice and Request for
Comment’’ in the subject line, or if by
mail, addressed to National
Telecommunications and Information
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2048. Please direct media
inquiries to NTIA’s Office of Public
Affairs, press@ntia.gov or (202) 482–
7002.
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
18:16 Jan 07, 2022
Jkt 256001
I. Background
With the passage of the Bipartisan
Infrastructure Law, Congress has taken a
significant step forward in achieving the
Biden-Harris Administration’s goal of
ensuring all Americans have access to
affordable, reliable, high-speed
broadband. The Bipartisan
Infrastructure Law sets forth a $65
billion investment into broadband, more
than $48 billion of which will be
administered by NTIA’s Office of
internet Connectivity and Growth.
This investment will leverage NTIA’s
experience in promoting broadband
infrastructure development and digital
inclusion efforts through its
BroadbandUSA initiative as well as
other NTIA grant programs, including
the Broadband Infrastructure Program,
the Tribal Broadband Connectivity
Program (TBCP), and the Connecting
Minority Communities (CMC) Pilot
Program. Additionally, this investment
will enhance other established Federal
broadband initiatives offered through
the U.S. Department of the Treasury,
U.S. Department of Agriculture, and the
Federal Communications Commission
(FCC).
This Notice is part of NTIA’s strategy
to engage with partners and other
stakeholders to help meet the
President’s goal to close the digital
divide. This is a historic investment,
and it requires not only a whole-ofgovernment effort, but a whole-ofcountry effort. This Notice seeks public
comment to bolster NTIA’s work and to
improve the number and quality of
ideas under consideration as the agency
develops Notices of Funding
Opportunity (NOFOs) for each of the
broadband grant programs to be
implemented by NTIA pursuant to the
Bipartisan Infrastructure Law.
II. Objectives of This Notice
This Notice offers an opportunity for
all interested parties to provide vital
input and recommendations for
consideration in the development of
broadband programs established by the
Bipartisan Infrastructure Law for
implementation by NTIA.
This Notice seeks comment on several
Bipartisan Infrastructure Law grant
programs to be administered by NTIA:
The Broadband Equity, Access and
Deployment (BEAD) program, the
Middle-Mile Broadband Infrastructure
Program, and the Digital Equity
Planning Grant Program. NTIA intends
to release a future request for comment
on the State Digital Equity Capacity
Grant Program and Digital Equity
Competitive Grant Program. In addition,
given the unique nature of the nation-
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
1123
to-nation relationship, NTIA will
conduct a Tribal consultation to gather
input on questions related to the
additional funding appropriated for the
Tribal Broadband Connectivity Program,
an NTIA program previously
implemented under the Consolidated
Appropriations Act, 2021.
III. Request for Comments
NTIA welcomes input on any matter
that commenters believe is important to
NTIA’s Bipartisan Infrastructure Law
implementation efforts. Commenters are
invited to comment on the full range of
issues presented by this Notice, and are
encouraged to address any or all of the
following questions, or to provide
additional information relevant to
implementation of the Bipartisan
Infrastructure Law’s broadband
programs. In particular, we invite
commenters who have applied to or had
experience with other federal or state
broadband funding programs to offer
suggestions for how to effectively
implement these new funding programs,
based on their experiences. When
responding to one or more of the
questions below, please note in the text
of your response the number of the
question to which you are responding.
As part of their response, commenters
are welcome to provide specific
actionable proposals, rationales and
relevant factual information.
NTIA seeks public comment on the
following questions:
General Questions
Bringing Reliable, Affordable, HighSpeed Broadband to All Americans
1. What are the most important steps
NTIA can take to ensure that the
Bipartisan Infrastructure Law’s
broadband programs meet their goals
with respect to access, adoption,
affordability, digital equity, and digital
inclusion?
2. Obtaining stakeholder input is
critical to the success of this effort. How
best can NTIA ensure that all voices and
perspectives are heard and brought to
bear on questions relating to the
Bipartisan Infrastructure Law’s
broadband programs? Are there steps
NTIA can and should take beyond those
described above?
3. Transparency and public
accountability are critical to the success
of the Bipartisan Infrastructure Law’s
broadband programs. What types of data
should NTIA require funding recipients
to collect and maintain to facilitate
assessment of the Bipartisan
Infrastructure Law programs’ impact,
evaluate targets, promote accountability,
and/or coordinate with other federal
E:\FR\FM\10JAN1.SGM
10JAN1
1124
Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
and state programs? Are there existing
data collection processes or templates
that could be used as a model? How
should this information be reported and
analyzed, and what standards, if any,
should NTIA, grant recipients, and/or
sub-grantees apply in determining
whether funds are being used lawfully
and effectively?
4. NTIA has an interest in ensuring
that the Bipartisan Infrastructure Law is
implemented in a way that promotes the
efficient use of federal funds. How
should NTIA and grant recipients verify
that funding is used in a way that
complements other federal and state
broadband programs?
Supporting States, Territories, and SubGrantees To Achieve the Goal
5. In implementing the Bipartisan
Infrastructure Law’s programs, NTIA
will offer technical assistance to states,
localities, prospective sub-grantees, and
other interested parties. What kinds of
technical assistance would be most
valuable? How might technical
assistance evolve over the duration of
the grant program implementation?
6. The Bipartisan Infrastructure Law
requires states and territories to
competitively select subgrantees to
deploy broadband, carry out digital
equity programs, and accomplish other
tasks. How should NTIA assess a
particular state or territory’s subgrant
award process? What criteria, if any,
should NTIA apply to evaluate such
processes? What process steps, if any,
should NTIA require (e.g., Request for
Proposal)? Are there specific types of
competitive subgrant processes that
should be presumed eligible (e.g.,
publicly released requests for proposals
and reverse auctions)?
7. NTIA views the participation of a
variety of provider types as important to
achieving the overall goals of the
Bipartisan Infrastructure Law broadband
programs. How can NTIA ensure that all
potential subrecipients, including small
and medium providers, cooperatives,
non-profits, municipalities, electric
utilities, and larger for-profit companies
alike have meaningful and robust
opportunities to partner and compete
for funding under the programs?
8. States and regions across the
country face a variety of barriers to
achieving the goal of universal,
affordable, reliable, high-speed
broadband and broadband needs, which
vary from place to place. These
challenges range from economic and
financial circumstances to unique
geographic conditions, topologies, or
other challenges that will impact the
likelihood of success of this program. In
implementing the Bipartisan
VerDate Sep<11>2014
18:16 Jan 07, 2022
Jkt 256001
Infrastructure Law’s broadband
programs, how can NTIA best address
such circumstances?
9. Several Bipartisan Infrastructure
Law broadband programs provide that,
absent a waiver, a grant or subgrant
recipient must contribute its own
funding, or funding obtained from a
non-federal source, to ‘‘match’’ funding
provided by the BIL program. Under
what circumstances, if any, should
NTIA agree to waive these matching
fund requirements, and what criteria
should it assess (in accordance with any
criteria established by the statute) when
considering waiver requests?
Ensuring the Future of America Is Made
in America by All of America’s Workers
10. The COVID–19 pandemic has
disrupted global supply chains and
impacted employment patterns. What is
the likely impact of current workforce
and supply chain constraints on the
speed with which states, service
providers, and others achieve the
Bipartisan Infrastructure Law’s networkdeployment objectives? Are the areas
unserved or underserved by broadband
networks, which will see substantial
new deployments under the Bipartisan
Infrastructure Law’s broadband
provisions, likely to face particularly
significant workforce or supply-chain
constraints? What steps, if any, should
NTIA take to mitigate the impact of
workforce or supply-chain limitations?
11. One objective of the Bipartisan
Infrastructure Law is to ensure
American workers have access to high
quality jobs, especially those who were
impacted the most by the pandemic,
including women and people of color.
What federal policy tools can NTIA
apply to help ensure that broadband
funding is deployed in a way that
maximizes the creation of good paying
jobs and that women and people of
color have full opportunity to secure
those jobs.
12. What steps, if any, should NTIA
take to ensure maximum use of
American-made network components
and that supply shortages are addressed
in ways that create high quality jobs for
all Americans? What impact, if any, will
application of the ‘‘Buy American’’
requirements in the Bipartisan
Infrastructure Law have on supplychain and workforce challenges and on
the speed with which the nation can
reach the goal of 100% broadband
connectivity?
Broadband Equity, Access and
Deployment (BEAD) Program
The BEAD Program is a $42.45 billion
program for states, territories, the
District of Columbia (DC), and Puerto
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
Rico (P.R.) (‘‘states and territories’’) to
utilize for broadband deployment,
mapping, equity and adoption projects.
Each state, DC, and P.R. will receive an
initial allocation of $100 million—and
$100 million will be divided equally
among the U.S. Virgin Islands, Guam,
American Samoa, and the
Commonwealth of the Northern Mariana
Islands. NTIA will distribute the
remaining funding based on a formula
that considers the number of unserved
and high-cost locations in the state,
based on the updated broadband
availability maps to be published by the
FCC. The Bipartisan Infrastructure Law
also provides NTIA with discretion to
establish additional eligible uses for the
funding.
BEAD program funding will be
dispersed in three phases. The first
phase allows states and territories to
access up to $5 million each to support
planning efforts, including building
capacity in state broadband offices and
to fund outreach and coordination
activities with local communities and
stakeholders. The second phase requires
states and territories to submit an initial
broadband plan to NTIA. These plans
must be informed by collaboration with
local and regional entities and will lay
out how each respective state and
territory will use the BEAD funding and
other funds to bring reliable, affordable,
high-speed broadband to all residents.
Once NTIA approves the initial plan,
states and territories will be able to
access additional funds from their
BEAD allocation. States and territories
will be able to access the remaining
funds upon review and approval of a
final plan by NTIA.
Ensuring Publicly Funded Broadband
Networks That Sustain and Scale
13. NTIA is committed to ensuring
that networks built using taxpayer funds
are capable of meeting Americans’
evolving digital needs, including
broadband speeds and other essential
network features. What guidance or
requirements, if any, should NTIA
consider with respect to network
reliability and availability,
cybersecurity, resiliency, latency, or
other service quality features and
metrics? What criteria should NTIA
establish to assess grant recipients’
plans to ensure that service providers
maintain and/or exceed thresholds for
reliability, quality of service,
sustainability, upgradability and other
required service characteristics?
14. NTIA is committed to ensuring
that networks constructed using
taxpayer funds are designed to provide
robust and sustainable service at
affordable prices over the long term.
E:\FR\FM\10JAN1.SGM
10JAN1
Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
What criteria should NTIA require states
to consider to ensure that projects will
provide sustainable service, will best
serve unserved and underserved
communities, will provide accessible
and affordable broadband in historically
disconnected communities, and will
benefit from ongoing investment from
the network provider over time?
15. In its effort to ensure that BEADfunded networks can scale to meet
Americans’ evolving needs, and to
ensure the public achieves the greatest
benefit from the federal investment,
NTIA seeks to understand reasonably
foreseeable use cases for America’s
broadband infrastructure over the next
five, ten, and twenty years. What sort of
speeds, throughput, latencies, or other
metrics will be required to fully connect
all Americans to meaningful use over
the next five, ten, and twenty years?
How can the BEAD program meet our
nation’s broadband network
connectivity needs in the future and
what other benefits can Americans
expect from this program and the
networks it will help fund in other
industries and across the economy?
How can existing infrastructure be
leveraged to facilitate and amplify these
benefits? What are the best sources of
evidence for these questions and for
predicted future uses of broadband?
Allocation and Use of BEAD Funds To
Achieve Universal, Reliable, Affordable,
High-Speed Broadband
16. Broadband deployment projects
can take months or years to complete.
As a result, there are numerous areas
where an entity has made commitments
to deploy service—using its own
funding, government funding, or a
combination of the two—but in which
service has not yet been deployed. How
should NTIA treat prior buildout
commitments that are not reflected in
the updated FCC maps because the
projects themselves are not yet
complete? What risks should be
mitigated in considering these areas as
‘‘served’’ in the goal to connect all
Americans to reliable, affordable, highspeed broadband?
17. Ten percent of total BEAD funding
is reserved for distribution based on
how many unserved locations within a
state or territory are also locations in
which the cost to deploy service is
higher than the nationwide average. The
Bipartisan Infrastructure Law provides
that, in calculating the cost of
deployment, NTIA should consider
factors such as the area’s remoteness,
population density, topography, poverty
rate, or ‘‘any other factor identified by
the Assistant Secretary, in consultation
with the [FCC], that contributes to the
VerDate Sep<11>2014
18:16 Jan 07, 2022
Jkt 256001
higher cost of deploying broadband
service in the area.’’ BIL
§ 60102(a)(2)(G). What additional
factors, if any, should NTIA consider in
determining what constitutes a ‘‘highcost area’’?
18. The Bipartisan Infrastructure Law
provides that BEAD funding can be used
in a variety of specific ways, including
the provision of service to unserved and
underserved areas, connection of
community anchor institutions, data
collection, installation of service within
multi-family residential buildings, and
broadband adoption programs. The law
also permits the Assistant Secretary to
designate other eligible uses that
facilitate the program’s goals. What
additional uses, if any, should NTIA
deem eligible for BEAD funding?
Establishing Strong Partnerships
Between State, Local, and Tribal
Governments
19. Community engagement is critical
to eliminating barriers to broadband
access and adoption. NTIA views strong
involvement between states and local
communities as key to ensuring that the
broadband needs of all unserved and
underserved locations are accounted for
in state plans submitted for funding.
What requirements should NTIA
establish for states/territories to ensure
that local perspectives are critical
factors in the design of state plans?
20. When formulating state broadband
plans, what state agencies or
stakeholder groups should be
considered in the development of those
plans?
21. How can NTIA ensure that states/
territories consult with Tribal
governments about how best to meet
Tribal members’ needs when providing
funding for broadband service to
unserved and underserved locations on
Tribal lands within state boundaries?
Low-Cost Broadband Service Option
and Other Ways To Address
Affordability
22. The Bipartisan Infrastructure Law
requires that BEAD funding recipients
offer at least one low-cost broadband
option and directs NTIA to determine
which subscribers are eligible for that
low-cost option. BIL § 60102(h)(5)(A).
How should NTIA define the term
‘‘eligible subscriber?’’ In other words,
what factors should qualify an
individual or household for a low-cost
broadband option?
23. Under the Bipartisan
Infrastructure Law, states and territories
are charged with developing low-cost
broadband service options in
consultation with NTIA and broadband
providers interested in receiving
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
1125
funding within the state. BIL
§ 60102(h)(5)(B). What factors should
NTIA consider in guiding the states in
design of these programs to achieve this
goal? Should NTIA define a baseline
standard for the ‘‘low-cost broadband
service option’’ to encourage states/
territories to adopt similar or identical
definitions and to reduce the
administrative costs associated with
requiring providers to offer disparate
plans in each state and territory? What
are the benefits and risks, if any, of such
an approach?
24. Affordability is a key objective of
the Bipartisan Infrastructure Law’s
broadband programs. What factors
should be considered in the deployment
of BEAD funds to help drive
affordability beyond the low-cost
option?
Implementation of the Digital Equity Act
of 2021
The Digital Equity Act dedicated
$2.75 billion to establish three grant
programs that promote digital inclusion
and equity to ensure that all individuals
and communities have the skills,
technology, and capacity needed to reap
the full benefits of our digital economy.
The goal of these programs is to promote
the meaningful adoption and use of
broadband services across targeted
populations, including low-income
households, aging populations,
incarcerated individuals, veterans,
individuals with disabilities,
individuals with a language barrier,
racial and ethnic minorities, and rural
inhabitants.
As noted above, given the sequence of
programs that NTIA is implementing,
NTIA intends to release another request
for comment (RFC) in the future to
address the State Digital Equity Capacity
Grant Program and Digital Equity
Competitive Grant Programs. The
questions below are specific to the
Digital Equity Planning Grant Program.
State Digital Equity Plans
25. The Bipartisan Infrastructure Law
includes historic investments in digital
inclusion and digital equity, promising
to bring all Americans the benefits of
connectivity irrespective of age, income,
race or ethnicity, sex, gender, disability
status, veteran status, or any other
characteristic. NTIA seeks to ensure that
states use Digital Equity Planning Grants
to their best effect. What are the best
practices NTIA should require of states
in building Digital Equity Plans? What
are the most effective digital equity and
adoption interventions states should
include in their digital equity plans and
what evidence of outcomes exists for
those solutions?
E:\FR\FM\10JAN1.SGM
10JAN1
khammond on DSKJM1Z7X2PROD with NOTICES
1126
Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Notices
26. Some states and territories will
benefit from technical assistance in
preparing Digital Equity Plans. What
types of technical assistance, support,
data, or programmatic requirements
should NTIA provide to states and
territories to produce State Digital
Equity Plans that fully address gaps in
broadband adoption, promote digital
skills, advance equitable access to
education, healthcare and government
services, and build information
technology capacity to enable full
participation in the economy for
covered populations? What steps, if any,
should NTIA take to monitor and assess
these practices?
27. Equity is also a named goal of the
BEAD program described above. How
should NTIA ensure that State Digital
Equity Plans and the plans created by
states and territories for the BEAD
program are complementary, sequenced
and integrated appropriately to address
the goal of universal broadband access
and adoption?
28. How should NTIA ensure that
State Digital Equity Plans impact and
interact with the State’s goals, plans and
outcomes related to: (i) Economic and
workforce development; (ii) education;
(iii) health; (iv) civic and social
engagement; (v) climate and critical
infrastructure resiliency; and (vi)
delivery of other essential services,
especially with respect to covered
populations mentioned in Bipartisan
Infrastructure Law § 60303(2)(C)?
29. The Bipartisan Infrastructure Law
directs states and territories to include
in their digital equity plans ‘‘measurable
objectives for documenting and
promoting: (i) The availability of, and
affordability of access to, fixed and
wireless broadband technology; (ii) the
online accessibility and inclusivity of
public resources and services; (iii)
digital literacy; (iv) awareness of, and
the use of, measures to secure the online
privacy of, and cybersecurity with
respect to, an individual; and (v) the
availability and affordability of
consumer devices and technical support
for those devices.’’ What best practices,
if any, should states follow in
developing such objectives? What steps,
if any, should NTIA take to promote or
require adoption of these best practices?
What additional guidance and oversight
about the content of the State Digital
Equity Plans should NTIA provide?
Digital Equity Coordination
Requirements
30. The Bipartisan Infrastructure Law
requires state and territories to consult
with historically marginalized and
disadvantaged groups, including
VerDate Sep<11>2014
18:16 Jan 07, 2022
Jkt 256001
individuals who live in low-income
households, aging individuals,
incarcerated individuals (other than
individuals who are incarcerated in a
Federal correctional facility), veterans,
individuals with disabilities,
individuals with a language barrier
(including individuals who are English
learners and have low levels of literacy),
individuals who are members of a racial
or ethnic minority group, and
individuals who primarily reside in a
rural area. What steps should NTIA take
to ensure that states consult with these
groups as well as any other potential
beneficiaries of digital inclusion and
digital equity programs, when planning,
developing, and implementing their
State Digital Equity Plans? What steps,
if any, should NTIA take to monitor and
assess these practices?
31. The Bipartisan Infrastructure Law
also requires states and territories to
coordinate with local governments and
other political subdivisions in
developing State Digital Equity Plans.
What steps should states take to fulfill
this mandate? How should NTIA assess
whether a state has engaged in adequate
coordination with its political
subdivisions?
Implementation of Middle Mile
Broadband Infrastructure (MMBI) Grant
Program
This MMBI is a $1 billion program for
the construction, improvement, or
acquisition of middle-mile
infrastructure. The purpose of the grant
program is to expand and extend
middle-mile infrastructure to reduce the
cost of connecting unserved and
underserved areas to the internet
backbone. Eligible applicants include
states, political subdivisions of a State,
tribal governments, technology
companies, electric utilities, utility
cooperatives, public utility districts,
telecommunications companies,
telecommunications cooperatives,
nonprofit foundations, nonprofit
corporations, nonprofit institutions,
nonprofit associations, regional
planning councils, Native entities, or
economic development authorities.
32. Middle-mile infrastructure is
essential to American connectivity. Lack
of affordable middle-mile access can
have a substantial impact on the retail
prices charged for broadband services.
How should the Assistant Secretary
ensure that middle-mile investments are
appropriately targeted to areas where
middle-mile service is non-existent or
relatively expensive? To what extent
should middle-mile grants be targeted to
areas in which middle-mile facilities
exist but cannot economically be
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
utilized by providers that do not own
them? Should NTIA target middle-mile
funds to areas where interconnection
and backhaul costs are impacted by a
lack of competition or other high-cost
factors?
33. The Bipartisan Infrastructure
Law’s provisions regarding the Middle
Mile Broadband Infrastructure Grant
Program set out a range of
considerations governing NTIA’s
assessment of proposals seeking middlemile funding, including improving
affordability, redundancy and resiliency
in existing markets, leveraging existing
rights-of-way, assets, and infrastructure,
and facilitating the development of
carrier-neutral interconnection points.
See BIL § 60401(e), (b)(2), (d)(2). How
should NTIA implement these
requirements, and the others listed in
the legislation, in prioritizing middlemile grant applications?
34. What requirements, if any, should
NTIA impose on federally funded
middle-mile projects with respect to the
placement of splice points and access to
those splice points? Should NTIA
impose other requirements regarding the
location or locations at which a middlemile grantee must allow interconnection
by other providers?
35. How can the Middle Mile
Broadband Infrastructure program
leverage existing middle-mile facilities,
access to rights of way, poles, conduit,
and other infrastructure and capabilities
that are owned, operated, or maintained
by traditional and non-traditional
providers (public and investor-owned
utilities, grid operators, co-ops,
academic institutions, cloud service
providers, and others) to accelerate the
deployment of affordable, accessible,
high-speed broadband service to all
Americans? What technical assistance
or guidance should NTIA provide to
encourage applications for this
program? Are there examples of
successful deployments and/or benefits
provided by non-traditional providers to
highlight?
36. As network demand grows,
capacity needs in the middle mile and
network core grow as well. What
scalability requirements, if any, should
NTIA place on middle-mile grant
recipients?
Dated: January 5, 2022.
Evelyn Remaley Hasch,
Acting Assistant Secretary for
Communications and Information.
[FR Doc. 2022–00221 Filed 1–7–22; 8:45 am]
BILLING CODE 3510–60–P
E:\FR\FM\10JAN1.SGM
10JAN1
]]>Agencies
[Federal Register Volume 87, Number 6 (Monday, January 10, 2022)]
[Notices]
[Pages 1122-1126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00221]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration
[Docket No. 220105-0002]
RIN 0660-ZA33
Infrastructure Investment and Jobs Act Implementation
AGENCY: National Telecommunications and Information Administration,
U.S. Department of Commerce.
ACTION: Notice, Request for Comment.
-----------------------------------------------------------------------
SUMMARY: On November 15, 2021, President Biden signed the
Infrastructure Investment and Jobs Act of 2021 into law, also known
(and referred to subsequently herein) as the Bipartisan Infrastructure
Law (BIL), which includes a historic investment of $65 billion to help
close the digital divide and ensure that all Americans have access to
reliable, affordable, high-speed broadband. The National
Telecommunications and Information Administration (NTIA), is
responsible for distributing more than $48 billion in
[[Page 1123]]
BIL broadband funding through several different programs. NTIA has
established multiple avenues for the public to offer input to inform
program design and implementation. This includes a series of public
virtual listening sessions (see ADDRESSES below) as well as the
opportunity for stakeholders across the nation to make their views
known in response to this Notice and Request for Comment (Notice). NTIA
welcomes input from all interested parties.
DATES: Submit written comments on or before 5 p.m. Eastern Standard
Time on February 4, 2022.
ADDRESSES: All electronic public comments on this action, identified by
Regs.gov docket number NTIA-2021-0002, may be submitted through the
Federal e-Rulemaking Portal at https://www.regulations.gov. The docket
established for this rulemaking can be found at www.Regulations.gov,
NTIA-2021-0002. Click the ``Comment Now!'' icon, complete the required
fields, and enter or attach your comments. Responders should include a
page number on each page of their submissions. Please do not include in
your comments information of a confidential nature, such as sensitive
personal information or proprietary information. All comments received
are a part of the public record and will generally be posted to
Regulations.gov without change. All personal identifying information
(e.g., name, address) voluntarily submitted by the commenter may be
publicly accessible. Information obtained as a result of this notice
may be used by the federal government for program planning on a non-
attribution basis.
In addition to inviting written submissions through this Notice,
NTIA is hosting a series of public virtual listening sessions. More
information about the listening sessions can be found at https://www.ntia.doc.gov/federal-register-notice/2021/broadband-grant-programs-public-virtual-listening-sessions.
FOR FURTHER INFORMATION CONTACT: Please direct questions regarding this
Notice to [email protected], indicating ``Notice and Request for
Comment'' in the subject line, or if by mail, addressed to National
Telecommunications and Information Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-2048. Please direct media inquiries to NTIA's Office of
Public Affairs, [email protected] or (202) 482-7002.
SUPPLEMENTARY INFORMATION:
I. Background
With the passage of the Bipartisan Infrastructure Law, Congress has
taken a significant step forward in achieving the Biden-Harris
Administration's goal of ensuring all Americans have access to
affordable, reliable, high-speed broadband. The Bipartisan
Infrastructure Law sets forth a $65 billion investment into broadband,
more than $48 billion of which will be administered by NTIA's Office of
internet Connectivity and Growth.
This investment will leverage NTIA's experience in promoting
broadband infrastructure development and digital inclusion efforts
through its BroadbandUSA initiative as well as other NTIA grant
programs, including the Broadband Infrastructure Program, the Tribal
Broadband Connectivity Program (TBCP), and the Connecting Minority
Communities (CMC) Pilot Program. Additionally, this investment will
enhance other established Federal broadband initiatives offered through
the U.S. Department of the Treasury, U.S. Department of Agriculture,
and the Federal Communications Commission (FCC).
This Notice is part of NTIA's strategy to engage with partners and
other stakeholders to help meet the President's goal to close the
digital divide. This is a historic investment, and it requires not only
a whole-of-government effort, but a whole-of-country effort. This
Notice seeks public comment to bolster NTIA's work and to improve the
number and quality of ideas under consideration as the agency develops
Notices of Funding Opportunity (NOFOs) for each of the broadband grant
programs to be implemented by NTIA pursuant to the Bipartisan
Infrastructure Law.
II. Objectives of This Notice
This Notice offers an opportunity for all interested parties to
provide vital input and recommendations for consideration in the
development of broadband programs established by the Bipartisan
Infrastructure Law for implementation by NTIA.
This Notice seeks comment on several Bipartisan Infrastructure Law
grant programs to be administered by NTIA: The Broadband Equity, Access
and Deployment (BEAD) program, the Middle-Mile Broadband Infrastructure
Program, and the Digital Equity Planning Grant Program. NTIA intends to
release a future request for comment on the State Digital Equity
Capacity Grant Program and Digital Equity Competitive Grant Program. In
addition, given the unique nature of the nation-to-nation relationship,
NTIA will conduct a Tribal consultation to gather input on questions
related to the additional funding appropriated for the Tribal Broadband
Connectivity Program, an NTIA program previously implemented under the
Consolidated Appropriations Act, 2021.
III. Request for Comments
NTIA welcomes input on any matter that commenters believe is
important to NTIA's Bipartisan Infrastructure Law implementation
efforts. Commenters are invited to comment on the full range of issues
presented by this Notice, and are encouraged to address any or all of
the following questions, or to provide additional information relevant
to implementation of the Bipartisan Infrastructure Law's broadband
programs. In particular, we invite commenters who have applied to or
had experience with other federal or state broadband funding programs
to offer suggestions for how to effectively implement these new funding
programs, based on their experiences. When responding to one or more of
the questions below, please note in the text of your response the
number of the question to which you are responding. As part of their
response, commenters are welcome to provide specific actionable
proposals, rationales and relevant factual information.
NTIA seeks public comment on the following questions:
General Questions
Bringing Reliable, Affordable, High-Speed Broadband to All Americans
1. What are the most important steps NTIA can take to ensure that
the Bipartisan Infrastructure Law's broadband programs meet their goals
with respect to access, adoption, affordability, digital equity, and
digital inclusion?
2. Obtaining stakeholder input is critical to the success of this
effort. How best can NTIA ensure that all voices and perspectives are
heard and brought to bear on questions relating to the Bipartisan
Infrastructure Law's broadband programs? Are there steps NTIA can and
should take beyond those described above?
3. Transparency and public accountability are critical to the
success of the Bipartisan Infrastructure Law's broadband programs. What
types of data should NTIA require funding recipients to collect and
maintain to facilitate assessment of the Bipartisan Infrastructure Law
programs' impact, evaluate targets, promote accountability, and/or
coordinate with other federal
[[Page 1124]]
and state programs? Are there existing data collection processes or
templates that could be used as a model? How should this information be
reported and analyzed, and what standards, if any, should NTIA, grant
recipients, and/or sub-grantees apply in determining whether funds are
being used lawfully and effectively?
4. NTIA has an interest in ensuring that the Bipartisan
Infrastructure Law is implemented in a way that promotes the efficient
use of federal funds. How should NTIA and grant recipients verify that
funding is used in a way that complements other federal and state
broadband programs?
Supporting States, Territories, and Sub-Grantees To Achieve the Goal
5. In implementing the Bipartisan Infrastructure Law's programs,
NTIA will offer technical assistance to states, localities, prospective
sub-grantees, and other interested parties. What kinds of technical
assistance would be most valuable? How might technical assistance
evolve over the duration of the grant program implementation?
6. The Bipartisan Infrastructure Law requires states and
territories to competitively select subgrantees to deploy broadband,
carry out digital equity programs, and accomplish other tasks. How
should NTIA assess a particular state or territory's subgrant award
process? What criteria, if any, should NTIA apply to evaluate such
processes? What process steps, if any, should NTIA require (e.g.,
Request for Proposal)? Are there specific types of competitive subgrant
processes that should be presumed eligible (e.g., publicly released
requests for proposals and reverse auctions)?
7. NTIA views the participation of a variety of provider types as
important to achieving the overall goals of the Bipartisan
Infrastructure Law broadband programs. How can NTIA ensure that all
potential subrecipients, including small and medium providers,
cooperatives, non-profits, municipalities, electric utilities, and
larger for-profit companies alike have meaningful and robust
opportunities to partner and compete for funding under the programs?
8. States and regions across the country face a variety of barriers
to achieving the goal of universal, affordable, reliable, high-speed
broadband and broadband needs, which vary from place to place. These
challenges range from economic and financial circumstances to unique
geographic conditions, topologies, or other challenges that will impact
the likelihood of success of this program. In implementing the
Bipartisan Infrastructure Law's broadband programs, how can NTIA best
address such circumstances?
9. Several Bipartisan Infrastructure Law broadband programs provide
that, absent a waiver, a grant or subgrant recipient must contribute
its own funding, or funding obtained from a non-federal source, to
``match'' funding provided by the BIL program. Under what
circumstances, if any, should NTIA agree to waive these matching fund
requirements, and what criteria should it assess (in accordance with
any criteria established by the statute) when considering waiver
requests?
Ensuring the Future of America Is Made in America by All of America's
Workers
10. The COVID-19 pandemic has disrupted global supply chains and
impacted employment patterns. What is the likely impact of current
workforce and supply chain constraints on the speed with which states,
service providers, and others achieve the Bipartisan Infrastructure
Law's network-deployment objectives? Are the areas unserved or
underserved by broadband networks, which will see substantial new
deployments under the Bipartisan Infrastructure Law's broadband
provisions, likely to face particularly significant workforce or
supply-chain constraints? What steps, if any, should NTIA take to
mitigate the impact of workforce or supply-chain limitations?
11. One objective of the Bipartisan Infrastructure Law is to ensure
American workers have access to high quality jobs, especially those who
were impacted the most by the pandemic, including women and people of
color. What federal policy tools can NTIA apply to help ensure that
broadband funding is deployed in a way that maximizes the creation of
good paying jobs and that women and people of color have full
opportunity to secure those jobs.
12. What steps, if any, should NTIA take to ensure maximum use of
American-made network components and that supply shortages are
addressed in ways that create high quality jobs for all Americans? What
impact, if any, will application of the ``Buy American'' requirements
in the Bipartisan Infrastructure Law have on supply-chain and workforce
challenges and on the speed with which the nation can reach the goal of
100% broadband connectivity?
Broadband Equity, Access and Deployment (BEAD) Program
The BEAD Program is a $42.45 billion program for states,
territories, the District of Columbia (DC), and Puerto Rico (P.R.)
(``states and territories'') to utilize for broadband deployment,
mapping, equity and adoption projects. Each state, DC, and P.R. will
receive an initial allocation of $100 million--and $100 million will be
divided equally among the U.S. Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands. NTIA will
distribute the remaining funding based on a formula that considers the
number of unserved and high-cost locations in the state, based on the
updated broadband availability maps to be published by the FCC. The
Bipartisan Infrastructure Law also provides NTIA with discretion to
establish additional eligible uses for the funding.
BEAD program funding will be dispersed in three phases. The first
phase allows states and territories to access up to $5 million each to
support planning efforts, including building capacity in state
broadband offices and to fund outreach and coordination activities with
local communities and stakeholders. The second phase requires states
and territories to submit an initial broadband plan to NTIA. These
plans must be informed by collaboration with local and regional
entities and will lay out how each respective state and territory will
use the BEAD funding and other funds to bring reliable, affordable,
high-speed broadband to all residents. Once NTIA approves the initial
plan, states and territories will be able to access additional funds
from their BEAD allocation. States and territories will be able to
access the remaining funds upon review and approval of a final plan by
NTIA.
Ensuring Publicly Funded Broadband Networks That Sustain and Scale
13. NTIA is committed to ensuring that networks built using
taxpayer funds are capable of meeting Americans' evolving digital
needs, including broadband speeds and other essential network features.
What guidance or requirements, if any, should NTIA consider with
respect to network reliability and availability, cybersecurity,
resiliency, latency, or other service quality features and metrics?
What criteria should NTIA establish to assess grant recipients' plans
to ensure that service providers maintain and/or exceed thresholds for
reliability, quality of service, sustainability, upgradability and
other required service characteristics?
14. NTIA is committed to ensuring that networks constructed using
taxpayer funds are designed to provide robust and sustainable service
at affordable prices over the long term.
[[Page 1125]]
What criteria should NTIA require states to consider to ensure that
projects will provide sustainable service, will best serve unserved and
underserved communities, will provide accessible and affordable
broadband in historically disconnected communities, and will benefit
from ongoing investment from the network provider over time?
15. In its effort to ensure that BEAD-funded networks can scale to
meet Americans' evolving needs, and to ensure the public achieves the
greatest benefit from the federal investment, NTIA seeks to understand
reasonably foreseeable use cases for America's broadband infrastructure
over the next five, ten, and twenty years. What sort of speeds,
throughput, latencies, or other metrics will be required to fully
connect all Americans to meaningful use over the next five, ten, and
twenty years? How can the BEAD program meet our nation's broadband
network connectivity needs in the future and what other benefits can
Americans expect from this program and the networks it will help fund
in other industries and across the economy? How can existing
infrastructure be leveraged to facilitate and amplify these benefits?
What are the best sources of evidence for these questions and for
predicted future uses of broadband?
Allocation and Use of BEAD Funds To Achieve Universal, Reliable,
Affordable, High-Speed Broadband
16. Broadband deployment projects can take months or years to
complete. As a result, there are numerous areas where an entity has
made commitments to deploy service--using its own funding, government
funding, or a combination of the two--but in which service has not yet
been deployed. How should NTIA treat prior buildout commitments that
are not reflected in the updated FCC maps because the projects
themselves are not yet complete? What risks should be mitigated in
considering these areas as ``served'' in the goal to connect all
Americans to reliable, affordable, high-speed broadband?
17. Ten percent of total BEAD funding is reserved for distribution
based on how many unserved locations within a state or territory are
also locations in which the cost to deploy service is higher than the
nationwide average. The Bipartisan Infrastructure Law provides that, in
calculating the cost of deployment, NTIA should consider factors such
as the area's remoteness, population density, topography, poverty rate,
or ``any other factor identified by the Assistant Secretary, in
consultation with the [FCC], that contributes to the higher cost of
deploying broadband service in the area.'' BIL Sec. 60102(a)(2)(G).
What additional factors, if any, should NTIA consider in determining
what constitutes a ``high-cost area''?
18. The Bipartisan Infrastructure Law provides that BEAD funding
can be used in a variety of specific ways, including the provision of
service to unserved and underserved areas, connection of community
anchor institutions, data collection, installation of service within
multi-family residential buildings, and broadband adoption programs.
The law also permits the Assistant Secretary to designate other
eligible uses that facilitate the program's goals. What additional
uses, if any, should NTIA deem eligible for BEAD funding?
Establishing Strong Partnerships Between State, Local, and Tribal
Governments
19. Community engagement is critical to eliminating barriers to
broadband access and adoption. NTIA views strong involvement between
states and local communities as key to ensuring that the broadband
needs of all unserved and underserved locations are accounted for in
state plans submitted for funding. What requirements should NTIA
establish for states/territories to ensure that local perspectives are
critical factors in the design of state plans?
20. When formulating state broadband plans, what state agencies or
stakeholder groups should be considered in the development of those
plans?
21. How can NTIA ensure that states/territories consult with Tribal
governments about how best to meet Tribal members' needs when providing
funding for broadband service to unserved and underserved locations on
Tribal lands within state boundaries?
Low-Cost Broadband Service Option and Other Ways To Address
Affordability
22. The Bipartisan Infrastructure Law requires that BEAD funding
recipients offer at least one low-cost broadband option and directs
NTIA to determine which subscribers are eligible for that low-cost
option. BIL Sec. 60102(h)(5)(A). How should NTIA define the term
``eligible subscriber?'' In other words, what factors should qualify an
individual or household for a low-cost broadband option?
23. Under the Bipartisan Infrastructure Law, states and territories
are charged with developing low-cost broadband service options in
consultation with NTIA and broadband providers interested in receiving
funding within the state. BIL Sec. 60102(h)(5)(B). What factors should
NTIA consider in guiding the states in design of these programs to
achieve this goal? Should NTIA define a baseline standard for the
``low-cost broadband service option'' to encourage states/territories
to adopt similar or identical definitions and to reduce the
administrative costs associated with requiring providers to offer
disparate plans in each state and territory? What are the benefits and
risks, if any, of such an approach?
24. Affordability is a key objective of the Bipartisan
Infrastructure Law's broadband programs. What factors should be
considered in the deployment of BEAD funds to help drive affordability
beyond the low-cost option?
Implementation of the Digital Equity Act of 2021
The Digital Equity Act dedicated $2.75 billion to establish three
grant programs that promote digital inclusion and equity to ensure that
all individuals and communities have the skills, technology, and
capacity needed to reap the full benefits of our digital economy. The
goal of these programs is to promote the meaningful adoption and use of
broadband services across targeted populations, including low-income
households, aging populations, incarcerated individuals, veterans,
individuals with disabilities, individuals with a language barrier,
racial and ethnic minorities, and rural inhabitants.
As noted above, given the sequence of programs that NTIA is
implementing, NTIA intends to release another request for comment (RFC)
in the future to address the State Digital Equity Capacity Grant
Program and Digital Equity Competitive Grant Programs. The questions
below are specific to the Digital Equity Planning Grant Program.
State Digital Equity Plans
25. The Bipartisan Infrastructure Law includes historic investments
in digital inclusion and digital equity, promising to bring all
Americans the benefits of connectivity irrespective of age, income,
race or ethnicity, sex, gender, disability status, veteran status, or
any other characteristic. NTIA seeks to ensure that states use Digital
Equity Planning Grants to their best effect. What are the best
practices NTIA should require of states in building Digital Equity
Plans? What are the most effective digital equity and adoption
interventions states should include in their digital equity plans and
what evidence of outcomes exists for those solutions?
[[Page 1126]]
26. Some states and territories will benefit from technical
assistance in preparing Digital Equity Plans. What types of technical
assistance, support, data, or programmatic requirements should NTIA
provide to states and territories to produce State Digital Equity Plans
that fully address gaps in broadband adoption, promote digital skills,
advance equitable access to education, healthcare and government
services, and build information technology capacity to enable full
participation in the economy for covered populations? What steps, if
any, should NTIA take to monitor and assess these practices?
27. Equity is also a named goal of the BEAD program described
above. How should NTIA ensure that State Digital Equity Plans and the
plans created by states and territories for the BEAD program are
complementary, sequenced and integrated appropriately to address the
goal of universal broadband access and adoption?
28. How should NTIA ensure that State Digital Equity Plans impact
and interact with the State's goals, plans and outcomes related to: (i)
Economic and workforce development; (ii) education; (iii) health; (iv)
civic and social engagement; (v) climate and critical infrastructure
resiliency; and (vi) delivery of other essential services, especially
with respect to covered populations mentioned in Bipartisan
Infrastructure Law Sec. 60303(2)(C)?
29. The Bipartisan Infrastructure Law directs states and
territories to include in their digital equity plans ``measurable
objectives for documenting and promoting: (i) The availability of, and
affordability of access to, fixed and wireless broadband technology;
(ii) the online accessibility and inclusivity of public resources and
services; (iii) digital literacy; (iv) awareness of, and the use of,
measures to secure the online privacy of, and cybersecurity with
respect to, an individual; and (v) the availability and affordability
of consumer devices and technical support for those devices.'' What
best practices, if any, should states follow in developing such
objectives? What steps, if any, should NTIA take to promote or require
adoption of these best practices? What additional guidance and
oversight about the content of the State Digital Equity Plans should
NTIA provide?
Digital Equity Coordination Requirements
30. The Bipartisan Infrastructure Law requires state and
territories to consult with historically marginalized and disadvantaged
groups, including individuals who live in low-income households, aging
individuals, incarcerated individuals (other than individuals who are
incarcerated in a Federal correctional facility), veterans, individuals
with disabilities, individuals with a language barrier (including
individuals who are English learners and have low levels of literacy),
individuals who are members of a racial or ethnic minority group, and
individuals who primarily reside in a rural area. What steps should
NTIA take to ensure that states consult with these groups as well as
any other potential beneficiaries of digital inclusion and digital
equity programs, when planning, developing, and implementing their
State Digital Equity Plans? What steps, if any, should NTIA take to
monitor and assess these practices?
31. The Bipartisan Infrastructure Law also requires states and
territories to coordinate with local governments and other political
subdivisions in developing State Digital Equity Plans. What steps
should states take to fulfill this mandate? How should NTIA assess
whether a state has engaged in adequate coordination with its political
subdivisions?
Implementation of Middle Mile Broadband Infrastructure (MMBI) Grant
Program
This MMBI is a $1 billion program for the construction,
improvement, or acquisition of middle-mile infrastructure. The purpose
of the grant program is to expand and extend middle-mile infrastructure
to reduce the cost of connecting unserved and underserved areas to the
internet backbone. Eligible applicants include states, political
subdivisions of a State, tribal governments, technology companies,
electric utilities, utility cooperatives, public utility districts,
telecommunications companies, telecommunications cooperatives,
nonprofit foundations, nonprofit corporations, nonprofit institutions,
nonprofit associations, regional planning councils, Native entities, or
economic development authorities.
32. Middle-mile infrastructure is essential to American
connectivity. Lack of affordable middle-mile access can have a
substantial impact on the retail prices charged for broadband services.
How should the Assistant Secretary ensure that middle-mile investments
are appropriately targeted to areas where middle-mile service is non-
existent or relatively expensive? To what extent should middle-mile
grants be targeted to areas in which middle-mile facilities exist but
cannot economically be utilized by providers that do not own them?
Should NTIA target middle-mile funds to areas where interconnection and
backhaul costs are impacted by a lack of competition or other high-cost
factors?
33. The Bipartisan Infrastructure Law's provisions regarding the
Middle Mile Broadband Infrastructure Grant Program set out a range of
considerations governing NTIA's assessment of proposals seeking middle-
mile funding, including improving affordability, redundancy and
resiliency in existing markets, leveraging existing rights-of-way,
assets, and infrastructure, and facilitating the development of
carrier-neutral interconnection points. See BIL Sec. 60401(e), (b)(2),
(d)(2). How should NTIA implement these requirements, and the others
listed in the legislation, in prioritizing middle-mile grant
applications?
34. What requirements, if any, should NTIA impose on federally
funded middle-mile projects with respect to the placement of splice
points and access to those splice points? Should NTIA impose other
requirements regarding the location or locations at which a middle-mile
grantee must allow interconnection by other providers?
35. How can the Middle Mile Broadband Infrastructure program
leverage existing middle-mile facilities, access to rights of way,
poles, conduit, and other infrastructure and capabilities that are
owned, operated, or maintained by traditional and non-traditional
providers (public and investor-owned utilities, grid operators, co-ops,
academic institutions, cloud service providers, and others) to
accelerate the deployment of affordable, accessible, high-speed
broadband service to all Americans? What technical assistance or
guidance should NTIA provide to encourage applications for this
program? Are there examples of successful deployments and/or benefits
provided by non-traditional providers to highlight?
36. As network demand grows, capacity needs in the middle mile and
network core grow as well. What scalability requirements, if any,
should NTIA place on middle-mile grant recipients?
Dated: January 5, 2022.
Evelyn Remaley Hasch,
Acting Assistant Secretary for Communications and Information.
[FR Doc. 2022-00221 Filed 1-7-22; 8:45 am]
BILLING CODE 3510-60-P
