Digital Equity Act of 2021; Request for Comments, 13101-13106 [2023-04242]

Agencies

• DEPARTMENT OF COMMERCE
• National Telecommunications and Information Administration

[Federal Register Volume 88, Number 41 (Thursday, March 2, 2023)]
[Notices]
[Pages 13101-13106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04242]



[[Page 13101]]

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DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration

[Docket No.: 230224-0051]
RIN 0660-XC055


Digital Equity Act of 2021; Request for Comments

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

ACTION: Notice; request for comment.

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SUMMARY: The Infrastructure Investment and Jobs Act of 2021, also known 
(and referred to subsequently herein) as IIJA or the Bipartisan 
Infrastructure Law, includes a historic investment of $65 billion to 
help close the digital divide and ensure that everyone in America has 
access to affordable, reliable, high-speed internet service. The 
Department of Commerce's National Telecommunications and Information 
Administration (NTIA) is responsible for distributing more than $48 
billion in Bipartisan Infrastructure Law funding through several 
different programs. NTIA is requesting comments on the $2.75 billion 
Digital Equity Act of 2021 Program, and on the design and 
implementation of two components of that grant program: the $1.44 
billion State Digital Equity Capacity Grant Program and the $1.25 
billion Digital Equity Competitive Grant Program. NTIA seeks broad 
input and feedback from all interested stakeholders across the nation, 
including Tribal entities, and has established multiple avenues for the 
public to offer input to bolster NTIA's work and to improve the number 
and quality of ideas under consideration as the agency develops Notices 
of Funding Opportunity for each of the Digital Equity Capacity Grant 
and Digital Equity Competitive Grant Programs to be implemented by NTIA 
pursuant to the Bipartisan Infrastructure Law. This includes a series 
of public virtual listening sessions which will be announced at a later 
date.

DATES: Submit written comments on or before 5 p.m. Eastern Standard 
Time on May 1, 2023.

ADDRESSES: You may submit public comments on this action, identified by 
Regulations.gov docket number NTIA-2023-0002, by any of the following 
means:
    1. Using the federal e-Rulemaking Portal at https://www.regulations.gov (our preferred method). The docket established for 
this opportunity to comment can be found at www.Regulations.gov, NTIA-
2023-0002. Click the ``Comment Now!'' icon, complete the required 
fields, and enter or attach your comments.
    2. Sending email to [email protected]. Include the docket 
number NTIA-2023-0002 in the subject line of the message.
    3. Mailing a printed submission to National Telecommunications and 
Information Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Room 4878, Washington, DC 20230, Attention: 
Digital Equity RFC.
    Please submit your comments in only one of these ways to minimize 
the receipt of duplicate submissions.

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 Angela Thi 
Bennett, National Telecommunications and Information Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; or by 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

    Recognizing the internet's fundamental role in today's society and 
its centrality to our nation's continued health and prosperity, the 
Biden-Harris Administration will work to ensure that every community in 
America has access to affordable, reliable, high-speed internet 
service. 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, which includes a historic investment of $65 billion to help close 
the digital divide and ensure that everyone in America has access to 
affordable, reliable, high-speed internet service. The National 
Telecommunications and Information Administration (NTIA), is 
responsible for distributing more than $48 billion in Bipartisan 
Infrastructure Law funding through several different programs, 
including the $2.75 billion Digital Equity Act of 2021 Program.
    The COVID-19 pandemic highlighted what many have known for a very 
long time: High-speed internet access is not a luxury, but a basic 
necessity for all Americans. Since the pandemic, telehealth access and 
use has expanded and the workplace is changing as more workers are 
choosing to work from home. The Biden-Harris Administration supports 
bringing affordable, high-speed, reliable internet service and the 
resources necessary to realize its full potential to every household in 
America. Passed on a bipartisan basis in both chambers of Congress, the 
Infrastructure Investment and Jobs Act of 2021 (IIJA), Public Law 117-
58, 135 Stat. 429 (November 15, 2021), also known as the Bipartisan 
Infrastructure Law, allocated $42.45 billion to create the Broadband, 
Equity, Access and Deployment Program (BEAD), $1 billion to create the 
Enabling Middle Mile Broadband Infrastructure Program, $2 billion to 
help tribal communities expand high-speed internet access and adoption 
on tribal lands, and $2.75 billion (through the Digital Equity Act of 
2021 (Digital Equity Act), also passed as part of the IIJA) to advance 
federal goals relating to digital equity \1\ and digital inclusion .\2\ 
These programs administered by NTIA are designed to work in tandem with 
other high-speed internet programs, including the Affordable 
Connectivity Program which provides up to $30 per month toward internet 
service for qualifying households and up to $75 per month for 
households on qualifying Tribal lands. With the passage of the 
Bipartisan Infrastructure Law, Congress took a significant step forward 
in achieving the Biden-Harris Administration's goal of ensuring that 
all Americans not only have access to affordable, reliable, high-speed 
internet but also the skills and resources needed for full 
participation in the society and economy of the United States.
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    \1\ Section 60302(10) of the IIJA defines ``digital equity'' as 
``the condition in which individuals and communities have the 
information technology capacity that is needed for full 
participation in the society and economy of the United States.''
    \2\ Section 60302(11) of the IIJA Law defines ``digital 
inclusion'' as ``(A) . . . the activities that are necessary to 
ensure that all individuals in the United States have access to, and 
the use of, affordable information and communication technologies, 
such a--(i) reliable fixed and wireless broadband internet service; 
(ii) internet-enabled devices that meet the needs of the user; and 
(iii) applications and online content designed to enable and 
encourage self-sufficiency, participation, and collaboration; and 
(B) includes--(i) obtaining access to digital literacy training; 
(ii) the provision of quality technical support; and (iii) obtaining 
basic awareness of measures to ensure online privacy and 
cybersecurity.''
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    This Notice is part of NTIA's strategy to engage with partners, 
stakeholders, and most importantly, individuals with lived experiences 
who faced challenges of having access to and/or the skills and devices 
to fully utilize affordable, reliable, high-speed internet, to help 
meet the President's goal to close the digital divide and transform the 
lives of all Americans. This is America's

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opportunity to harness the talents and strengths of all parts of our 
country and remove systemic barriers and provide equal access to 
opportunities and benefits, so that everyone has a chance to reach 
their full potential. But in order to achieve this objective, we need 
to hear from you. This Notice is your opportunity to inform how NTIA 
designs a program that works to achieve this national and community 
driven opportunity for change.

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 Digital Equity Act programs established by the 
Bipartisan Infrastructure Law for implementation by NTIA.
    This Notice seeks comment on two Bipartisan Infrastructure Law 
grant programs to be administered by NTIA: the $1.44 billion State 
Digital Equity Capacity Grant Program and the $1.25 billion Digital 
Equity Competitive Grant Program. Along with the State Digital Equity 
Planning Grant Program,\3\ these three Digital Equity Act programs 
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.
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    \3\ On May 13, 2022, NTIA released a Notice of Funding 
Opportunity for the State Digital Equity Planning Grant Program. 
States, territories or possessions, Indian Tribes, Alaska Native 
entities, and Native Hawaiian organizations interested in 
participating were required to apply or submit their letter of 
intent by July 12, 2022. NTIA began releasing awards to States in 
August 2022.
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III. Request for Comments

    NTIA welcomes input on any of the matters set forth in this Request 
for Comment that commenters believe are important to NTIA's 
implementation efforts. Commenters are invited to provide input 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 the implementation of the Bipartisan 
Infrastructure Law's broadband programs. 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. Where applicable, 
NTIA encourages commenters to provide specific, actionable proposals 
and relevant fact-based information, along with the rationale for their 
comments, including available examples of studies, measures, outcomes, 
assessments, etc., and supporting information.
    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.

NTIA Seeks Public Comment on the Following Areas (Inclusive of 24 
Questions):

Implementation of the Digital Equity Act of 2021
    The Digital Equity Act dedicated $2.75 billion to establish three 
grant programs: the $60 million State Digital Equity Planning Grant 
Program (Planning Grant Program), the $1.44 billion State Digital 
Equity Capacity Grant Program (Capacity Grant Program), and the $1.25 
billion Competitive Digital Equity Program (Competitive Grant Program). 
The combined goal of these programs is to promote the adoption and 
meaningful use of the internet across the Covered Populations \4\ which 
include (1) individuals who live in low-income households,\5\ (2) aging 
individuals,\6\ (3) incarcerated individuals, other than individuals 
who are incarcerated in a Federal correctional facility, (4) 
veterans,\7\ (5) individuals with disabilities,\8\ (6) individuals with 
a language barrier, including individuals who are English learners and 
have low levels of literacy, (7) racial and ethnic minorities, and (8) 
rural inhabitants.\9\
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    \4\ Section 60302(1)(8) of the IIJA.
    \5\ Section 60302(7) of the IIJA.
    \6\ Section 60302(3) of the IIJA.
    \7\ Section 60302(22) of the IIJA.
    \8\ Section 60302(13) of the IIJA.
    \9\ Section 60302(20) of the IIJA.
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    The Bipartisan Infrastructure Law is not only a significant step 
toward achieving the goal that every household in America has access to 
affordable, reliable, high-speed internet; it also will meaningfully 
address the fundamental economic, educational, social, and health-
related inequities in our country by giving everyone the skills and 
tools they need to connect, particularly the members of our communities 
who have previously been excluded until now. To achieve digital equity 
for all Americans, the Biden-Harris Administration fosters the full 
participation of those individuals who are members of the Covered 
Populations.
State Digital Equity Planning Grant Program
    Under the Planning Grant Program, NTIA made up to $60,000,000 
available to award grants to the 50 states, the District of Columbia, 
and Puerto Rico (collectively the ``States'') and Territories for the 
purpose of developing State Digital Equity Plans within one year from 
the date of funding. Through these Plans, each State and Territory 
will, among other things, identify barriers to digital equity in each 
State and strategies for overcoming those barriers. States that develop 
State Digital Equity Plans will then be able to apply for funds from 
the State Digital Equity Capacity Grant Program to implement those 
plans.
A. Assessing State Digital Equity Plans Under the Digital Equity 
Planning Grant Program
    State Digital Equity Plans must include the following content: (1) 
identification of the barriers to digital equity faced by Covered 
Populations in the State; (2) measurable objectives for documenting and 
promoting, among each Covered Population, the achievement of digital 
equity in the minimum of five key areas; \10\ (3) an assessment of how 
the measurable objectives for the Covered Populations will affect and 
interact with the States' public health, workforce, economic, and 
education outcomes \11\ and delivery of other essential services; (4) a 
description of how the State plans to collaborate with key stakeholders 
\12\ in the State;

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and (5) a list of organizations with which the administering entity for 
the State collaborated in developing and implementing the State Digital 
Equity Plan.\13\ Organizations may include libraries, community anchor 
institutions, and grass roots community-based organizations.
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    \10\ Section 60304(c)(1)(B) of the IIJA sets forth the following 
key areas: (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.
    \11\ Section 60304(c)(1)(C) of the IIJA sets forth the following 
impact and interaction areas: (i) economic and workforce development 
goals, plans and outcomes, (ii) educational outcomes, (iii) health 
outcomes, and (iv) civic and social engagement, and (v) delivery of 
other essential services.
    \12\ Section 60304(c)(1)(D) sets forth the following key 
stakeholders: (i) community anchor institutions, (ii) county and 
municipal governments; (iii) local educational agencies; (iv) where 
applicable, Indian Tribes, Alaska Native entities, or Native 
Hawaiian organizations; (v) nonprofit organizations; (vi) 
organizations that represent Covered Populations; (vii) civil rights 
organizations; (viii) entities that carry out workforce development 
programs; (ix) agencies of the State that are responsible for 
administering or supervising adult education and literacy activities 
in the State; (x) public housing authorities in the State; and (xi) 
a partnership between any of the entities described in clauses (i) 
through (x).
    \13\ Section 60304(c)(1)(E) of the IIJA.
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    To be awarded under the Capacity Grant Program, the States, 
including the District of Columbia and Puerto Rico, must submit an 
application that includes the State Digital Equity Plan funded through 
the State Digital Equity Planning Grant Program. Before submitting an 
application for the Capacity Grant Program, each State must make the 
State Digital Equity Plan of the State available for public comment for 
at least 30 days, consider all comments received during the comment 
period, and make any changes to the State Digital Equity Plan that it 
determines to be worthwhile. When submitting the application, the State 
must include a description of how the State responded to the public 
comments it received on the draft of the plan.\14\
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    \14\ Section 60304(c)(2) of the IIJA.
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    Question 1: During the public comment period for the States' 
Digital Equity Plans, what guidance should NTIA and/or each State 
provide to enable communities to review and provide actionable feedback 
to States regarding their State Digital Equity Plans? What criteria/
factors/outcomes should communities focus on in their review? How can 
NTIA ensure that States/Territories consult with Tribal entities about 
how best to meet Tribal members' needs?
    NTIA would like to learn from stakeholder experiences to inform the 
development of technical assistance resources to support applicants' 
efforts to identify successful project models, partnerships, 
activities, and strategies that deliver impactful and sustainable 
outcomes. In implementing the Bipartisan Infrastructure Law's programs, 
NTIA will offer technical assistance to all applicants and prospective 
sub-grantees. As a statutory requirement, these entities must evaluate 
the impact of funding projects on Covered Populations from the 
implementation of the Digital Equity Plans.
    Question 2: Over the next year, NTIA will deliver technical 
assistance for States and Territories to develop holistic, actionable, 
and impactful State Digital Equity Plans. NTIA has created a Needs 
Assessment Guide, Asset Mapping Guide, Digital Equity Plan Guidance, 
Best Practices, Workforce Planning Guide, webinars, and other technical 
assistance resources.\15\ What additional guidance/resources should 
NTIA provide to States, Territories, and Tribal entities as they 
develop their Digital Equity Plans? What additional guidance can NTIA 
provide to help States and community organizations utilize other 
federal tools to close the digital divide by increasing access and 
reducing cost like the Affordable Connectivity Program? Individuals and 
communities who are most impacted by the digital divide are in the best 
position to help States, Territories, and Tribal entities understand 
the inequities and how best to focus and scale local efforts. How can 
individuals and communities provide feedback to States, Territories, 
and Tribal entities to ensure their unique communities' needs are 
solicited, considered, and reflected in the Digital Equity Plans?
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    \15\ NTIA, Digital Equity Programs, BroadbandUSA, https://broadbandusa.ntia.doc.gov/resources/grant-programs/digital-equity-programs.
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B. State Digital Equity Capacity Grant Program
    The State Digital Equity Capacity Grant Program is a $1.44 billion 
formula grant program \16\ for States, Territories, Indian Tribes, 
Alaska Native entities, and Native Hawaiian organizations. It will fund 
an annual grant program, appropriating funds over government fiscal 
years 2022-2026, in support of the implementation of the Digital Equity 
Plans. The purpose of the Capacity Grant Program is to support the 
implementation of Digital Equity Plans of those States, Territories, 
and Tribal entities, including the digital inclusion activities to 
achieve digital equity in those States, Territories, and Tribal 
communities. Capacity Grant Program funds can be leveraged by combining 
those funds with other funding, such as federal, state, local, and/or 
philanthropic, to support the implementation of the Digital Equity 
Plans. NTIA must submit to the appropriate committees of Congress, the 
findings of evaluations of whether eligible States are meeting, or have 
met, the stated goals of the Digital Equity Plans developed by the 
States.\17\
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    \16\ Section 60304(d)(3)(A) of the IIJA.
    \17\ Section 60306(a) of the IIJA.
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    Question 3: How should NTIA define success for the Capacity Grant 
Program? What outcomes are most important to measure? How should NTIA 
measure the success of the Capacity Grant Program, including measures 
and methods?
    Question 4: How should NTIA design the Capacity Grant Program to 
ensure equity is achieved? Please explain. NTIA encourages stakeholders 
to provide the rationale for their comments, including available 
examples of studies, measures, outcomes, assessments and supporting 
information.
    Question 5: What criteria/factors should NTIA take into 
consideration when assessing whether States, Territories, and Tribal 
entities are meeting the stated goals of their Digital Equity Plans? 
How should NTIA measure each Digital Equity Plan's progress in the 
short-term (one year or less) and long-term (two or more years)?
    Question 6: What reporting requirements should NTIA establish for 
grantees to ensure that the voices of those most impacted by the 
digital divide are reflected in the implementation and updates of the 
Digital Equity Plans? What steps, if any, should NTIA take to monitor 
and evaluate implementation practices? From a sustainability 
perspective, what role can collaborations, partnerships, and coalitions 
play? Please share examples of any existing impactful collaborations, 
partnerships, and/or coalitions.
    The Assistant Secretary is allowed to prescribe such rules as may 
be necessary to carry out the Capacity Grant Program.\18\
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    \18\ Section 60304(j) of the IIJA.
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    Question 7: What rules, if any, should the Assistant Secretary 
develop to ensure that digital equity is achieved in the Capacity Grant 
Program?
C. Digital Equity Competitive Grant Program
    The Digital Equity Competitive Grant Program is a $1.25 billion 
program to award grants to support efforts to achieve digital equity, 
promote digital inclusion activities, and spur greater adoption of 
internet among Covered Populations. Eligible applicants include (1) a 
political subdivision, agency or instrumentality of a State, including 
an agency of a State that is responsible for administering or 
supervising adult education and literacy activities, or for providing 
public housing, in the State; (2) an Indian Tribe, an Alaska Native 
entity, or a Native Hawaiian organization; (3) a foundation, 
corporation, institution, or association that is a nonprofit entity and 
not a school; (4) a community anchor institution, which includes a 
library or a State library agency; (5) a local educational agency; (6) 
an entity that carries out a workforce development

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program; (7) a partnership between any of the entities described in the 
foregoing (1)-(6); and (8) a partnership between an entity described in 
the foregoing (1)-(6) and an entity that the Assistant Secretary, by 
rule, determines to be in the public interest and is not a school.\19\ 
The term ''community anchor institution'' means a public school, a 
public or multi-family housing authority, a library, a medical or 
healthcare provider, a community college or other institution of higher 
education, a State library agency, and any other nonprofit or 
governmental community support organization.\20\ Entities that serve or 
have served as the administering entity for a State or Territory under 
the State Digital Equity Planning Grant and State Digital Equity 
Capacity Grant Programs are ineligible applicants for the Competitive 
Grant Program.
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    \19\ Section 60305(b) of the IIJA.
    \20\ Section 60302(6) of the IIJA.
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    The purpose of the Competitive Grant Program is to: (1) develop and 
implement digital inclusion activities that benefit the Covered 
Populations; (2) facilitate the adoption of internet by Covered 
Populations in order to provide educational and employment 
opportunities to those Covered Populations; (3) implement training 
programs for Covered Populations that cover basic, advance, and applied 
skills or other workforce development programs; (4) make available 
equipment, instrumentation, networking capability, hardware and 
software, or digital network technology for broadband services to 
Covered Populations at low or no cost; (5) construct, upgrade, expend, 
or operate new or existing public access computing centers for Covered 
Populations through community anchor institutions; and (6) undertake 
any other project and activity that the Assistant Secretary finds to be 
consistent with the purposes for which the Digital Equity Competitive 
Program is established.\21\
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    \21\ Section 60305(d)(2)(A) of the IIJA.
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    Question 8: How should NTIA define success for the Competitive 
Grant Program? What outcomes are most important to measure? How should 
NTIA measure the success of the Competitive Grant Program, including 
specific measures? Are the measures of success the same or different 
from the Capacity Grant Program? If so, please elaborate.
Question 9: What kind of activities or projects should the Assistant 
Secretary consider for inclusion in eligible projects and activities 
for the Competitive Grant Program?
1. Competitive Program Rules
    As discussed in section D of this Notice, the statutory language 
for the Competitive Program lists several eligible entities. The 
Assistant Secretary may also consider a partnership between an entity 
in one of those groups and an entity that ``the Assistant Secretary, by 
rule, determines to be in the public interest'' and that ``is not a 
school.'' \22\
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    \22\ Section 60305(b) of the IIJA.
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    Question 10: What group or groups that are not already listed 
should the Assistant Secretary consider to be eligible to apply for the 
Competitive Grant Program?
    The Assistant Secretary is allowed to prescribe such rules as may 
be necessary to carry out obligations relating to the Competitive Grant 
Program.\23\
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    \23\ Section 60305(k) of the IIJA.
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    Question 11: What rules, if any, should the Assistant Secretary 
develop to ensure that digital equity is achieved in the Competitive 
Grant Program?
2. Competitive Grant Program Scoring
    NTIA has an interest in ensuring that the Bipartisan Infrastructure 
Law is implemented in a way that promotes the efficient and effective 
use of federal funds. NTIA endeavors to design the Competitive Grant 
Program in a way in which those projects with the highest merit and 
relevant impact receive funding.
    In any competitive grant program, NTIA will establish a robust and 
in-depth application review process, which will include a merit review 
based on evaluation criteria (to be established in the NOFO) by subject 
matter experts. Further, when deciding whether to make a particular 
grant under the Competitive Grant Program, the Assistant Secretary 
``shall, to the extent possible, consider whether an application shall, 
if approved--increase internet access and the adoption of the internet 
among Covered Populations to be served by the applicant and not result 
in unjust enrichment, the comparative geographic diversity of the 
application in relation to other eligible applications, and the extent 
to which an application may duplicate or conflict with another 
program.'' \24\ Examples of unjust enrichment may include profiting 
from a Federal grant or artificially increasing the costs associated 
with a Federal grant.
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    \24\ Section 60305(d) of the IIJA.
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    Question 12: How should NTIA design a scoring rubric system to 
ensure that digital equity will be achieved in the Competitive Grant 
Program? What factors, elements, and/or criteria should NTIA consider 
to ensure that funding is equitably distributed to serve the Covered 
Populations, e.g., by geography, covered population, project type, 
etc.?
    Question 13: Should NTIA use weighted scoring? \25\ If so, are 
there specific evaluation criteria to which NTIA should provide more 
weight or value in the evaluation criteria for the Competitive Grant 
Program (i.e., place more weight on collaborations that support 
building the capacity of local, community-based organizations that are 
delivering meaningful and impactful services to the Covered 
Populations, provide more than 10% of matching funds or resources, or 
intend to provide project benefits to multiple communities or Covered 
Populations)? NTIA encourages stakeholders to provide the rationale for 
their comments, including available examples of studies, measures, 
outcomes, assessments and supporting information.
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    \25\ A weighted scoring model is used to rank and prioritize 
criteria for evaluation by assigning a numeric value to each 
criterion.
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    Question 14: What additional weight, if any, should NTIA give to 
proposed projects that align with the State, Territory, and/or Tribal 
entity Digital Equity Plans?
D. Measuring for Success & Transformative Impact
    The Bipartisan Infrastructure Law includes historic investments in 
digital inclusion and digital equity. Applicants and grantees will need 
to make important investment decisions with the aim that short-term 
measures are planned with the intention to generate long-term, 
sustainable, positive, and measurable social and economic impact. NTIA 
is interested in identifying successful project models, partnerships, 
activities, and strategies for digital equity projects that deliver 
impact and sustainable outcomes.
    Question 15: What are examples of past or current evidence-based or 
evidence-informed digital equity and/or inclusion projects or other 
relevant or similar projects that NTIA can showcase as a part of its 
technical assistance efforts to support applicants in identifying 
promising or evidence-based project models, partnerships, activities, 
and strategies to consider, replicate, and leverage lessons learned as 
applicable?

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1. Program Measurement, Evaluation, and Reporting
    Measurement and reporting outcomes to the public is critical to the 
proper evaluation of Digital Equity Act programs. NTIA is required to 
evaluate the efficacy of the efforts funded by grants under the 
Capacity Grant Program.\26\ The Commerce Program Evaluation Policy 
oversees how all evaluation conducted by (or funded by) the Department 
of Commerce and its bureaus (including NTIA) should be executed. 
Competitive Grant Program recipients are required to comply with 
reporting and evaluation requirements and the Assistant Secretary must 
establish various procedures and mechanisms to effectuate the Capacity 
and Competitive Program's goals.\27\
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    \26\ Section 60304(d)(3)(D)(iv) of the IIJA.
    \27\ Section 60305(h) of the IIJA.
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    Question 16: How should grantees define digital equity with respect 
to each of the Covered Populations? What does success look like for 
each of the Covered Populations? How should NTIA measure the effects of 
access to and adoption of, and meaningful use of the internet for each 
Covered Population? What examples of equity gap analysis and tools 
should the Assistant Secretary consider when measuring outcomes as they 
relate to each Covered Populations? To what extent should grantees 
disaggregate data within each of the Covered Populations to reveal the 
underlying trends and patterns? NTIA encourages stakeholders to provide 
the rationale for their comments, including available examples of 
studies, measures, outcomes, assessments and supporting information.
    Question 17: What metrics and performance data infrastructure and 
data governance strategies and tools are needed to create a vibrant 
digital equity ecosystem (e.g., metrics, digital skills, 
sustainability) to measure program effectiveness and effects for 
Covered Populations? What publicly available datasets and tools should 
NTIA and grantees (e.g., States, Territories, non-profits, develop) 
enhance or support to benchmark and to track progress of grantee goals 
and objectives?
    Question 18: NTIA will require regular grantee performance and 
progress reporting, e.g., semi-annually, project close out to monitor 
grantee implementation of funded projects and capture metrics, 
outcomes, and impact. How should NTIA measure grantees implementation 
of such metric tracking? To what extent should NTIA require 
standardized inputs, metrics, and measures in order to facilitate 
nationwide insights?
2. Digital Equity Strategies, Tactics, and Success Measures for Covered 
Populations
    NTIA seeks to learn and understand what digital equity project 
strategies, tactics, and success measures would be appropriate for the 
Covered Populations listed in the Bipartisan Infrastructure Law. NTIA 
understands that there is not a one-size-fits-all approach to the 
spectrum of Covered Populations across the country, as communities and 
Covered Populations' needs vary greatly. However, NTIA is interested in 
learning and understanding the following for each Covered Population:
    Question 19: For each of the Covered Populations, what are proven 
strategies and tactics, projects or programs, with outcome-based 
measures and impacts, that promote and achieve digital equity?
    Question 20: Youth and young adults are members of each of the 
Covered Populations except for Older Americans. The COVID-19 pandemic 
had a devastating impact on academic achievement, physical and mental 
health, and earning opportunities for our youth and young adults. How 
can NTIA encourage and measure the effects of investments in our youth 
and young adult?
    Question 21: To ensure all learners (youth, adult, incarcerated, 
etc.) have access to the opportunities that technology unlocks, how 
should NTIA promote a baseline or fundamental standard for digital 
literacy for all learners? What kind of baselines should NTIA's grant 
programs strive to achieve and should the intended outcomes be based on 
a type of standard which includes varying levels of digital skills, 
such as pre-basic, basic, intermediate and advanced? If so, please 
elaborate.
E. Ensuring That Equity Is Achieved in BEAD
    Full participation in our twenty-first-century economy requires 
that everyone in America has access to affordable, reliable, high-speed 
internet service. Yet far too many live in a location where no service 
is available, the speed or quality of the service available is 
unreliable, or the options available are unaffordable. Under the BEAD 
Program, States and Territories will engage with all relevant 
stakeholders, including localities and those historically excluded 
communities, to design and implement projects that most benefit those 
groups from Underrepresented Communities. Successful execution of the 
BEAD Program will lay critical groundwork for universal access, 
affordability, equity, and adoption of the internet. It will also 
create good-paying jobs (including for local workers), close 
longstanding equity gaps, and improve the overall quality of life 
across America.
    In general, the ``Covered Populations'' under Digital Equity Grant 
Programs are comparable to the ``Underrepresented Communities'' under 
BEAD. Under BEAD, ``Underrepresented Communities'' refers to groups 
that have been systematically denied a full opportunity to participate 
in aspects of economic, social, and civic life, including but not 
limited to: low-income households, aging individuals, incarcerated 
individuals, veterans, persons of color, Indigenous and Native American 
persons, members of ethnic and religious minorities, women, LGBTQI+ 
persons, persons with disabilities, persons with limited English 
proficiency, persons who live in rural areas, and persons otherwise 
adversely affected by persistent poverty or inequality.\28\
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    \28\ Section (I)(C)(aa) of the BEAD Notice of Funding 
Opportunity.
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    Question 22: How can NTIA best ensure that States and Territories 
that receive funding under BEAD and Digital Equity Programs are closely 
aligning their planning efforts to close the equity gaps for all 
Covered Populations? How can NTIA work with the States, Territories, 
and their communities to promote the collective impact and outcomes 
between BEAD's Five-Year Action Plan and States' Digital Equity Plans 
to achieve equity for its Underrepresented Communities/Covered 
Populations?
F. Ensure Workforce and Subcontracting Opportunities Are Inclusive of 
Underrepresented Communities/Covered Populations
    The goal of BEAD is to connect everyone in the country to 
affordable, reliable, high-speed internet service. To meet the 
workforce needs of BEAD, States and their subgrantees are required to 
make appropriate investments in the development of a skilled, diverse 
workforce for the high-paying jobs that will need to be filled. One of 
the transformative objectives of the Bipartisan Infrastructure Law is 
to ensure members of Underrepresented Communities, especially those 
members of Underrepresented Communities who were most impacted by the 
pandemic, have access to the good jobs that will be created in 
connection with the historic internet investments. States and their 
subgrantees must describe how they plan to create equitable entry 
points to internet-related jobs; provide wrap-

[[Page 13106]]

around services \29\ to support workers to access and complete training 
to attract, train, retain, or transition to meet local workforce needs; 
and increase high-paying job opportunities. States and their 
subgrantees should also understand the importance of their position, 
not just as a recipient of federal funding, but also via the role they 
play as the ``entrusted liaison'' on behalf of members of 
Underrepresented Communities/Covered Populations. Their efforts will 
ensure that individuals from Underrepresented Communities/Covered 
Populations can access unlimited possibilities and opportunities in the 
workforce.
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    \29\ Wrap-around services or supportive services help 
individuals, and especially those from underrepresented and 
underserved groups, enroll in and successfully complete training. 
These services include, but are not limited to, child and dependent 
care, tools, work clothing, application fees and other costs of 
apprenticeship or required pre-employment training, transportation 
and travel (including lodging) to training and work sites, and 
services aimed at helping to retain underrepresented groups such as 
mentoring, tutoring, support groups, and peer networking.
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    Additionally, a non-federal entity must take all necessary 
affirmative steps to assure that minority businesses, women's business 
enterprises, and Labor Surplus Area firms are contracted with when 
possible.\30\
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    \30\ 2 CFR 200.321.
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    Question 23: How can NTIA encourage the design and implementation 
of Digital Equity Programs to support and advance the economic mobility 
of members of Underrepresented Communities/Covered Populations to 
support BEAD implementation and broader economic outcomes (e.g., 
through new skills, upskilling, re-skilling, career pathways, and other 
high-quality workforce development activities)?
    Question 24: How can the BEAD and Digital Equity Programs support 
and promote youth employment and skills building? What kind of 
programs, projects, and partnerships--based on existing evidence--would 
encourage and prepare youth to have the digital skills needed to be 
workforce-ready, but also to enter internet and internet-related 
careers?

    Dated: February 24, 2023.
Stephanie Weiner,
Acting Chief Counsel, National Telecommunications and Information 
Administration.
[FR Doc. 2023-04242 Filed 3-1-23; 8:45 am]
BILLING CODE 3510-60-P