NOFA-1 Federal Register of 07-09-2009 (NOFA-1 FR)

Thursday,
July 9, 2009
Part III
Department of
Agriculture
Rural Utilities Service
Department of
Commerce
National Telecommunications and
Information Administration
Broadband Initiatives Program; Broadband

Technology Opportunities Program;
Notice
sroberts on DSKD5P82C1PROD with NOTICES
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33104 Federal Register / Vol. 74, No. 130 / Thursday, July 9, 2009 / Notices
DEPARTMENT OF AGRICULTURE authorized representatives are information regarding applications for

individuals with disabilities, however, BIP via the Internet at http://
Rural Utilities Service may submit a paper application www.usda.gov/rus/telecom/ and for
RIN 0572–ZA01
irrespective of the funding size of their BTOP at http://www.ntia.doc.gov/
request.1 In addition, applicants who broadbandgrants/.
Broadband Initiatives Program are requesting less than $1 million in Authority: This notice is issued
assistance may forego the electronic pursuant to the American Recovery and
DEPARTMENT OF COMMERCE filing requirement if filing electronically Reinvestment Act of 2009, Public Law
would impose a hardship on the 111–5, 123 Stat. 115 (2009) and the
National Telecommunications and applicant. Electronic applications must Rural Electrification Act of 1936, 7
Information Administration be submitted by 5 p.m. ET on August U.S.C. 901 et seq.
14, 2009. The government electronic
RIN 0660–ZA28 SUPPLEMENTARY INFORMATION:
application system will provide a date
Broadband Technology Opportunities and time stamped confirmation number Catalog of Federal Domestic
Program that will serve as proof of submission. Assistance (CFDA) Number: Broadband
Paper submissions: Applicants Initiatives Program (BIP)—10.787;
AGENCIES: Rural Utilities Service (RUS), requesting less than $1 million in Broadband Technology Opportunities
Department of Agriculture, and National assistance (in the form of grants, loans, Program (BTOP)—11.557.
Telecommunications and Information or a combination of grants and loans)
Administration (NTIA), Department of may file their applications in a paper Additional Items in Supplementary
Commerce. format if filing electronically would Information
ACTION: Notice of Funds Availability impose a hardship on the applicants. I. Overview: Describes the purposes of the
(NOFA) and solicitation of applications. Applicants whose authorized Recovery Act, the broadband goals of the
representatives are individuals with Recovery Act, and the establishment of BIP
SUMMARY: RUS and NTIA announce disabilities may file their applications in and BTOP.
general policy and application a paper format irrespective of the II. Funding Opportunity Description:
funding size of their request. To the Provides a more thorough description of BIP
procedures for broadband initiatives
and BTOP.
established pursuant to the American extent that applicants use electronic
III. Definitions: Sets forth the key statutory
Recovery and Reinvestment Act of 2009 word processing software to create terms and other terms used in BIP and BTOP.
(Recovery Act). RUS is establishing the paper submissions, they should include IV. Award Information: Describes funding
Broadband Initiatives Program (BIP) in their filing, to the extent possible, an availability, grant and loan terms, as
which may extend loans, grants, and electronic copy of the paper application applicable, and other award information.
loan/grant combinations to facilitate on an appropriate media such as a CD. V. Eligibility Information for BIP and
broadband deployment in rural areas. This will assist the agencies in BTOP: Establishes eligibility criteria,
NTIA is establishing the Broadband processing paper applications. Paper eligibility factors, eligible and ineligible
submissions must be postmarked no costs, and other eligibility requirements.
Technology Opportunities Program
later than August 14, 2009, or hand- VI. Application and Submission
(BTOP) which makes available grants Information: Provides information regarding
for deploying broadband infrastructure delivered no later than 5 p.m. ET on
how to apply, application materials, and the
in unserved and underserved areas in August 14, 2009, to the addresses listed application process.
the United States, enhancing broadband in the SUPPLEMENTARY INFORMATION in VII. Application Review Information:
capacity at public computer centers, and this NOFA. Establishes the evaluation criteria for
promoting sustainable broadband Contact Information: For general application review.
adoption projects. In facilitating the inquiries regarding BIP, contact David J. VIII. Anticipated Announcement and
expansion of broadband Villano, Assistant Administrator Award Dates: Identifies the initial
Telecommunications Program, Rural announcement date for certain awards, and
communications services and
Utilities Service, U.S. Department of provides other information regarding BIP and
infrastructure, both programs will BTOP.
advance the objectives of the Recovery Agriculture (USDA), e-mail:
bip@wdc.usda.gov telephone: (202) 690– IX. Award Administration Information:
Act to spur job creation and stimulate Provides award notice information,
long-term economic growth and 0525. For general inquiries regarding administrative and national policy
opportunity. BTOP, contact Anthony Wilhelm, requirements, terms and conditions, and
Deputy Associate Administrator, other reporting requirements for award
DATES: Applications will be accepted Infrastructure Division, Office of recipients.
between July 14, 2009, at 8 a.m. Eastern Telecommunications and Information X. Other Information: Sets forth guidance
Time (ET) until August 14, 2009, at 5 Applications, National on funding, compliance with various laws,
p.m. ET. Telecommunications and Information confidentiality, discretionary awards, and
Application Submission: The Administration, U.S. Department of authorized signatures.
application packages for electronic and Commerce (DOC), email: I. Overview
paper submissions will be available at btop@ntia.doc.gov, telephone: (202)
http://www.broadbandusa.gov. 482–2048. For inquiries regarding BIP On February 17, 2009, President
Electronic submissions: Electronic and BTOP compliance requirements, Obama signed the American Recovery
submissions of applications will allow including applicable federal rules and and Reinvestment Act of 2009 (Recovery
for the expeditious review of an regulations protecting against fraud, Act) into law.2 The essential goal of the
applicant’s proposal consistent with the waste and abuse, contact Recovery Act is to provide a ‘‘direct
goals of the Recovery Act. As a result, bipcompliance@wdc.usda.gov for BIP fiscal boost to help lift our Nation from
all applicants requesting more than $1 and btopcompliance@ntia.doc.gov for the greatest economic crisis in our
million in assistance (in the form of BTOP. You may obtain additional lifetimes and lay the foundation for
grants, loans, or a combination of grants
and loans) must file their application 1 See Rehabilitation Act of 1973 § 508, 29 U.S.C. 2 American Recovery and Reinvestment Act of
electronically. Applicants whose 794d. 2009, Public Law 111–5, 123 Stat. 115 (2009).
Federal Register / Vol. 74, No. 130 / Thursday, July 9, 2009 / Notices 33105
future growth.’’ 3 Accordingly, the Additionally, to aid in achieving developed BIP to fund broadband
Recovery Act identifies five overall Recovery Act objectives, on March 10, infrastructure in qualifying areas.11
purposes: A. To preserve and create jobs 2009, RUS, NTIA, and the FCC co- The Recovery Act also appropriates
and promote economic recovery; B. to sponsored a public meeting to initiate $4.7 billion to NTIA to provide grants
assist those most impacted by the public outreach about the current for broadband initiatives throughout the
recession; C. to provide investments availability of broadband service in the United States, including unserved and
needed to increase economic efficiency United States and ways in which the underserved areas.12 NTIA is tasked to
by spurring technological advances in availability of broadband services could spur job creation, stimulate long-term
science and health; D. to invest in be expanded.7 The March 10 meeting economic growth and opportunity, and
transportation, environmental was followed by the release of a Request narrow gaps in broadband deployment
protection, and other infrastructure that for Information (RFI) and six days of and adoption. The NTIA program is
will provide long-term economic additional public meetings and field titled BTOP. Consistent with its
benefits; and E. to stabilize state and hearings during March.8 The meetings appropriation, BTOP is divided into
local government budgets.4 The and hearings included nearly 120 three categories of projects: Broadband
Recovery Act further instructs the panelists—including representatives Infrastructure, Public Computer Centers,
President and the heads of federal from consumer and public interest and Sustainable Broadband Adoption.
departments and agencies to manage groups, state and local governments, Applications to fund broadband
and expend Recovery Act funds to tribal governments, minority and infrastructure projects in areas which
achieve these five purposes, vulnerable populations, industry, are at least 75 percent rural are required
‘‘commencing expenditures and academia, and other institutions—who to be submitted to RUS for
activities as quickly as possible provided comment on how to make consideration under BIP. If such
consistent with prudent management.’’ 5 RUS’s and NTIA’s broadband initiatives applicants intending to serve rural areas
Consistent with the purposes effective, equitable, and efficient.9 also choose to be considered for BTOP
described above, the Recovery Act In response to the RFI and the public funding, then they must complete the
provides RUS and NTIA with $7.2 meetings, RUS and NTIA received over additional elements required of BTOP
billion to expand access to broadband 1,000 comments from institutions and infrastructure applicants. NTIA may
services in the United States. In so individuals.10 RUS and NTIA received make awards to such applications NTIA
doing, it recognizes the growing comments on multiple issues determines to be meritorious after RUS
importance of access to broadband surrounding BIP and BTOP, including has reviewed the application and
services to economic development and how the terms ‘‘broadband,’’ ‘‘unserved determined not to fund it. All other
to the quality of life of all Americans. area,’’ and ‘‘underserved area’’ should applications for Broadband
Specifically, the Recovery Act tasks be defined, resulting in the definitions Infrastructure projects, as well as
RUS, NTIA, and the Federal and program requirements announced applications for Public Computer
Communications Commission (FCC) in this NOFA. These comments played Centers or Sustainable Broadband
with leading the federal government’s a crucial role in formulating the Adoption projects, must be submitted to
efforts to begin the process of structure of the RUS and NTIA NTIA for consideration under BTOP.
significantly expanding the reach and broadband programs. For further The purpose of this NOFA is to
quality of broadband services. discussion and explanation of the describe the availability of the BIP and
RUS, NTIA, and the FCC have worked agencies’ reliance on the public BTOP funds and set forth the
closely to leverage the authorities and comments in the policy decisions application requirements for those
resources provided in the Recovery Act involved in BIP and BTOP, see the entities wishing to participate in one or
to develop a coordinated federal attached Policy Justification found in more of the Recovery Act’s broadband
government approach to addressing the the Appendix at the end of this NOFA. programs. Applicants may submit
challenge of rapidly expanding the RUS and NTIA Recovery Act projects that fit within one or more
access and quality of broadband services programs implement new authorities. categories. Each application will be
across the country. Each agency brings Specifically, the Recovery Act expands compared against objective criteria to
unique skills and resources to this RUS’s existing authority to make loans determine whether an award is
effort. RUS has been the federal and provides new authority to make warranted.
government leader in bringing grants to facilitate broadband In order to balance the burdens on
telecommunications to rural America deployment in rural areas. The Recovery applicants versus the needs of the
for decades. NTIA has experience in Act appropriates $2.5 billion of budget agencies to efficiently evaluate
awarding technology-related grants authority for RUS to extend loans, loan/ applications, RUS and NTIA have
through the Technology Opportunities grant combinations, and grants to developed a two-step application
Program and serves as the President’s projects where at least 75 percent of an process. In step one, the goal is to create
principal advisor on RUS-funded area is in a rural area that a pool of viable and potentially fundable
telecommunications and information lacks sufficient access to high speed applications. Step two is to fully
policies.6 And NTIA and the FCC broadband service to facilitate rural validate the submissions in step one and
together are responsible for the economic development. RUS has identify the most highly qualified
development of federal applications for funding.
7 See Joint Notice of Public Meeting, 74 FR 8914
telecommunications policy. Rapid disbursement of the funds
(Feb. 27, 2009).
available under this program is
8 See Joint Request for Information and Notice of

3 President Obama, Statement on Signing the
Public Meetings, 74 FR 10716 (Mar. 12, 2009). important because of the short time
American Recovery and Reinvestment Act of 2009 9 Agendas, transcripts, and presentations from frames imposed by the Recovery Act.
(Feb. 17, 2009). each meeting are available on NTIA’s Web site at: Additionally, a commitment to
4 Recovery Act § 3(a), 123 Stat. at 115–16.
http://www.ntia.doc.gov/broadbandgrants/ transparency in the award process and
5 See id. § 3(b), 123 Stat. at 116. meetings.html.
6 See Technology Opportunities Program, http:// 10 Comments may be viewed on NTIA’s Web site
www.ntia.doc.gov/otiahome/top/index.html; NTIA at: http://www.ntia.doc.gov/broadbandgrants/ 11 See Recovery Act div. A, tit. I, 123 Stat. at 118.
Organization Act of 1992, 47 U.S.C. 901 et seq. comments. 12 See id. div. A, tit. II, 123 Stat. at 128.
rigorous reporting requirements will priorities. A commitment to anchor institutions (e.g., schools,
help ensure accountability. transparency in the award process and libraries, medical facilities), or
Approximately $4 billion of program rigorous reporting requirements will organizations and agencies serving
level funding has been allocated to this help ensure accountability. vulnerable populations (e.g., low-
NOFA by RUS and NTIA. The income, unemployed, aged), or job-
remaining funds will be made available 2. BIP Priorities
creating strategic facilities located in
under subsequent NOFAs. The The Recovery Act requires that 75 state- or federally designated economic
requirements for subsequent NOFAs percent of a BIP-funded area be in a development areas;
may differ from this NOFA to better rural area that ‘‘lacks sufficient access to d. To improve access to, and use of,
achieve the agencies’ priorities. high speed broadband service to broadband service by public safety
facilitate rural economic agencies; and
II. Funding Opportunity Description development.’’ 13 Additionally, the e. To stimulate the demand for
A. BIP Recovery Act mandates that priority be broadband, economic growth, and job
given to projects which: a. Give end creation.15
1. BIP Objectives users a choice of providers; b. Serve the The Recovery Act provides $4.7
The Recovery Act expands RUS’s highest proportion of rural residents billion to NTIA for BTOP, to be awarded
existing authority to make loans and that lack access to broadband service; by September 30, 2010, which
provides new authority to make grants c. Are projects of current or former RUS represents a significant investment to
for the purpose of facilitating broadband borrowers (Title II borrowers); and advance President Obama’s national
deployment in rural communities. d. Are fully funded and ready to start broadband strategy.16 Of this amount, at
Specifically, the Recovery Act requires once Recovery Act funding is received. least $200 million will be made
that 75 percent of a funded area be in BIP application scoring criteria awards available for competitive grants for
a rural area that lacks sufficient access projects that implement these expanding public computer center
to high speed broadband service to priorities.14 capacity. In addition, at least $250
facilitate economic development. million will be available for competitive
Because of the short time frames 3. BIP Application and Selection
grants for innovative programs to
imposed by the Recovery Act, the Process
encourage sustainable adoption of
requirements outlined in this NOFA RUS has adopted a two-phase broadband services. Up to $350 million
will be used to govern program application process. Step one of the is available from the Recovery Act to
implementation. application process requires the fund the State Broadband Data and
Under BIP, RUS will award grants, submission of the information described Development Grant Program authorized
loans, and loan/grant combinations for in section VI.D.1.a. This information by the Broadband Data Improvement
broadband infrastructure. Grants under will be evaluated by RUS for Act 17 and to support the development
BIP are to be used to fund applications completeness and eligibility. Ineligible and maintenance of a nationwide
proposing to exclusively serve remote, and incomplete applications will be broadband map for use by policymakers
unserved, rural areas. BIP loan and rejected. Eligible applications will be and consumers. A forthcoming NOFA
loan/grant combination funds are to be evaluated and ranked based on the will outline policies and procedures for
used to provide funding to applications applicable scoring criteria described in the State Broadband Data and
proposing to serve non-remote and section VII. The highest scoring Development Grant Program.
underserved rural areas. Projects which applications will be invited to BTOP funds are available through
include non-remote and remote areas participate in step two of the three categories of eligible projects:
will be funded by loans or loan/grant application process by submitting the Broadband Infrastructure, Public
combinations. The size of the grant additional documentation described in Computer Centers, and Sustainable
portion of any loan/grant combination section VI.D.1.b. to further support the Broadband Adoption.18 The Broadband
award is determined by the applicant, applicants’ representations made in step Infrastructure category consists of two
but cannot exceed the amount of the one of the application process. If the components—Last Mile and Middle
loan portion of the award. RUS will additional documentation does not Mile—and will fund projects to deliver
favor applications that propose a higher adequately verify the first submission, broadband access to unserved and
percentage of loan funds. Applicants then the application will be rejected. underserved areas. The Public
may request 100 percent loan funding. Computer Center category will fund
B. BTOP projects that expand public access to
RUS will seek to make the extension of
broadband infrastructure into difficult- 1. BTOP Objectives broadband service and enhance
to-serve areas affordable—a key Section 6001 of the Recovery Act broadband capacity at entities, such as
objective of BIP funding—through establishes a national broadband service community colleges and public
substantial grant funds and attractive development and expansion program to libraries, that permit the public to use
loan terms with reasonable security promote five core purposes: these computing centers.19 The
requirements. a. To provide access to broadband Sustainable Broadband Adoption
The Recovery Act establishes the service to consumers residing in category will fund innovative projects
rapid disbursement of the funds as an unserved areas of the country; that promote broadband demand,
important priority for the BIP program. b. To provide improved access to including projects focused on providing
However, the program also must be broadband service to consumers broadband education, awareness,
administered judiciously to ensure residing in underserved areas of the training, access, equipment or support,
responsible use of public funds. To country;

balance these two objectives, RUS will c. To provide broadband access,
15 See id. § 6001(b), 123 Stat. at 512–13.
16 See id. div. A, tit. II, 123 Stat. at 128.
favor funding projects that can education, awareness, training, 17 Public Law 110–385, 122 Stat. 4096 (to be
commence construction promptly and equipment, and support to community codified at 47 U.S.C. 1301 et seq.).
demonstrate technical and financial 18 See Recovery Act div. A, tit. II, 123 Stat. at 128.
feasibility, organizational capacity, and 13 Id. div. A, tit. I, 123 Stat. at 118.
19 Id. div. A, tit. II & § 6001(b)(3), 123 Stat. at 128,
compliance with other Administration 14 Id. at 118–19.

512–13.
particularly among vulnerable contained in the FCC’s broadband consistency with the representations
population groups where broadband policy statement.23 made in the application. This rating will
technology has traditionally been be based on a five-point scale (1–5),
3. BTOP Application and Selection
underutilized.20 with a five representing the highest
Process
The Recovery Act also recognizes the consistency and conformity with the
NTIA will employ a two-step information already provided,
valuable role that the states and application review process. First,
territories can play in implementing especially on technical and budget
however, NTIA will conduct an initial considerations.
BTOP, and permits NTIA to consult screen of applications to determine All states will be provided an
with them in identifying unserved and whether an application meets the opportunity to make recommendations
underserved areas within their borders mandatory threshold requirements, such concerning the allocation of funds for
and in allocating grant funds for projects as application completeness, set forth in qualifying projects in or affecting the
in or affecting their jurisdictions.21 section V.C. of this NOFA. These are individual states during step two of the
Consistent with the Recovery Act, NTIA mandatory threshold requirements that BTOP application process, regardless of
has consulted with the FCC on this qualify an application for further their participation in the State
NOFA. review. Applicants that fail to meet any Broadband Data and Development Grant
2. BTOP Priorities of the eligibility factors will be notified Program. During step two of the BTOP
in writing of the reason for the rejection. application process, the Governor’s
All projects funded under BTOP must Subsequent to this initial screening, office of each state will receive a list of
advance one or more of the five applications will proceed to the step the applications under consideration.
statutory purposes outlined above. The one review process. The applications States may provide a list and
program is designed to extend will receive at least three independent prioritization of recommended projects,
broadband access to unserved areas, reviews (by a three-member review along with an explanation of why the
improve access to underserved areas, panel) against the eligibility factors as selected proposals meet the greatest
and expand broadband access to a wide well as against the evaluation criteria needs of the state. States are strongly
range of institutions and individuals, provided in this NOFA. This review encouraged to provide mapping and
including vulnerable populations. It panel will be comprised of at least three planning data to support their
will seek to serve the highest priority peer/expert reviewers who have recommendations. States participating
needs for federal investment— demonstrated subject-matter expertise. in the State Broadband Data and
particularly projects that offer the No consensus advice will be given by Development Grant Program may rely
potential for economic growth and job the reviewers. Each reviewer will on their submission under that program
creation, and provide benefits to independently score the application, to fulfill this request. All states will
education, health care, and public and reviewer scores will be averaged. have 20 calendar days from the date of
safety. The program will support viable, Based on these scores, applications that notification to submit to NTIA their
sustainable, and scalable projects. NTIA are considered the most highly qualified recommendations.
will favor proposals that satisfy the will advance to the step two, ‘‘due Upon completion of the step two
public-interest objectives specified in diligence,’’ review for further review, NTIA reserves the right to
the statute and detailed in this NOFA. consideration. All other applications discuss with the applicant specific
will be rejected, and the applicants will modifications to the application to
These projects can serve as models for
be notified in writing of the reason for resolve any differences that may exist
future investors once economic
the rejection. between the applicant’s original request
conditions improve.
In step two of the review process, the and what NTIA is willing to fund. Not
NTIA expects to distribute grants remaining applicants will be asked to all applicants contacted will necessarily
across geographic areas addressing these submit additional information, as receive a BTOP award. The Director of
various public purposes. It will issue appropriate, such as more detailed plans BTOP (BTOP Director) will then prepare
awards on a technologically neutral or supporting documents 24 to further and present a package of recommended
basis, and expects to support projects substantiate the representations made in grant awards to the Associate
employing a range of technologies (e.g., their application. Administrator for the Office of
fixed and mobile wireless, fiber, The supplemental information will be Telecommunications and Information
satellite). In making these awards, NTIA reviewed and analyzed by NTIA staff Applications (OTIA Associate
will also take into consideration with the support of external Administrator) for review and approval.
whether an applicant is a socially and engineering, business, and subject- The BTOP Director’s recommendations
economically disadvantaged small matter experts to evaluate the and the OTIA Associate Administrator’s
business concern as defined under consistency of the applications with the review and approval will take into
section 8(a) of the Small Business Act supporting documents and ensure account the following selection factors:
(SBA) (15 U.S.C. 637(a)(4)).22 Finally, it applications merit awards. Applicants a. The Evaluation Criteria Review
is also important to highlight the desire whose supporting documents do not score of the peer/expert reviewers;
of the Recovery Act to extend non- adequately substantiate the b. The Due Diligence Review rating of
discrimination and network representations in their application may the federal reviewers and the analysis of
interconnection obligations on be rejected, and the applicants will be NTIA program staff;
awardees. In particular, the Recovery notified in writing of the reason for the c. Satisfaction of the program’s
Act directs NTIA to impose contractual rejection. Upon completion of its due purpose and priorities as described in
conditions on BTOP grants that would, diligence, NTIA program staff will the section entitled ‘‘Program
at a minimum, adhere to the principles complete its analysis of each application Description’’ (e.g., considering whether
by assigning a rating based on its the applicant is a socially and
20 Id. div. A, tit. II & 6001(b)(5), 123 Stat. at 128,
economically disadvantaged small
513. 23 Id.
§ 6001(j), 123 Stat. at 515. business concern; ensuring that service
21 Id.§ 6001(c), 123 Stat. at 513. 24 See
infra section VI.D.1.b. for more details for health care delivery, education, and
22 See id. § 6001(h)(3), 123 Stat. at 514–15. regarding the required additional information. children is enhanced to the greatest
population of users; improve access to Administrator means the RUS safety activities, hospitals and clinics,
and use by public safety; ensuring that Administrator, or the Administrator’s libraries and schools.
the greatest broadband speed is designee. Current ratio means the BIP
provided to the greatest population of Applicant means an entity requesting applicant’s current assets divided by the
users as set forth in the Recovery Act; approval of an award under this NOFA. current liabilities; all financial terms are
providing broadband access to Assistant Secretary means the defined by GAAP.
consumers in unserved areas; improving Assistant Secretary for Communications Economic life means the estimated
broadband service in underserved and Information, National useful service life of an asset as
areas); Telecommunications and Information determined by RUS in connection with
d. The geographic distribution of the Administration, Department of awards made under BIP.
proposed grant awards and diversity of Commerce, or the Assistant Secretary’s Forecast period means the time period
populations served (e.g., ensuring that, designee. used by RUS and NTIA to determine if
to the extent practical, NTIA award not Award documents mean, collectively, an application is financially feasible.
less than one grant in each state as set grant agreement, loan documents and/or Financial feasibility of an application is
forth in the Recovery Act); loan/grant combination documents. based on five-year projections.
e. The range of technologies and uses GAAP means generally accepted
Award means a grant, loan, or loan/
of the technologies employed by the accounting principles.
grant combination made under this Grant agreement means the agreement
proposed grant awards; NOFA by either RUS or NTIA. between RUS or NTIA and the grantee
f. Avoidance of redundancy, conflicts Awardee means a grantee, borrower, for grants awarded under this NOFA,
with the initiatives of other federal or borrower/grantee. including any amendments thereto,
agencies, including Department of BIP means the Broadband Initiatives available for review at http://
Agriculture loan and grant programs for Program, administered by the RUS, www.broadbandusa.gov.
broadband services, and, to the extent under the Recovery Act. Grant funds mean federal funds
practical, avoidance of unjust Borrower means the recipient of a provided pursuant to a grant made
enrichment; 25 RUS loan under this NOFA. under this NOFA.
g. The availability of funds; and Borrower/grantee means the recipient Grantee means the recipient of a grant
h. If applicable, the recommendations of a RUS loan/grant combination under under this NOFA.
of states, including, but not limited to, this NOFA. Last Mile project means any
such recommendations as described in Broadband means providing two-way infrastructure project the predominant
their application for the State data transmission with advertised purpose of which is to provide
Broadband Data and Development Grant speeds of at least 768 kilobits per broadband service to end users or end-
Program or as subsequently provided to second (kbps) downstream and at least user devices (including households,
NTIA either on its own or along with 200 kbps upstream to end users, or businesses, community anchor
the submission of state-level broadband providing sufficient capacity in a institutions, public safety entities, and
maps.26 middle mile project to support the critical community facilities).
Upon approval by the OTIA Associate provision of broadband service to end Last Mile Non-Remote project means
Administrator, the BTOP Director’s users. any broadband infrastructure project (or
recommendation will then be presented BTOP means the Broadband group of projects) that is not exclusively
to the Selecting Official, the Assistant Technology Opportunities Program, a last mile remote area project, and that
Secretary of NTIA. The Assistant administered by NTIA, under the provides broadband service to the end
Secretary selects the applications for Recovery Act. user or end-user devices in a service
grant awards, taking into consideration Build-out means the construction or area eligible for BIP funding.
the BTOP Director’s recommendations improvement of facilities and Last Mile Remote Area project means
and the degree to which the application equipment as specified in the any broadband infrastructure project
package, taken as a whole, satisfies the application. that provides broadband service to the
selection factors described above and Composite economic life means the end user or to end-user devices only in
the program’s stated purposes and weighted (by dollar amount of each a remote area(s) eligible for BIP funding.
priorities as set forth in section II.B of class of facility in the loan) average Loan means any loan made under this
this NOFA. Awards will be made on a economic life of all classes of facilities NOFA by RUS.
rolling basis subject to the availability of Loan contract means the loan
financed by a BIP loan.
funds. agreement between RUS and the
Community anchor institutions means borrower, including all amendments
III. Definitions schools, libraries, medical and thereto, available for review at http://
healthcare providers, public safety www.broadbandusa.gov.
The terms and conditions provided in entities, community colleges and other
this NOFA are applicable to and for Loan documents mean the loan
institutions of higher education, and contract, note(s), and security
purposes of this NOFA only. These other community support organizations
terms, conditions, and definitions may instrument between the borrower and
and agencies that provide outreach, RUS and any associated documents
change in subsequent NOFAs issued access, equipment and support services
regarding BIP and BTOP. pertaining to the loan.
to facilitate greater use of broadband Loan/grant means any loan/grant
service by vulnerable populations, combination made under this NOFA by
25 Recovery Act § 6001(h)(2)(D), 123 Stat. at 515. including low-income, unemployed, RUS.
26 Consistent with Recovery Act, the application

for the State Broadband Data and Development
and the aged. Loan/grant contract means the loan/
Grant Program will provide participating states the Critical community facilities means grant contract between RUS and the
opportunity to identify unserved and underserved public facilities that provide community borrower/grantee, including all
areas in their state. In their Mapping Grant services essential for supporting the amendments thereto available at http://
application, states may also make recommendations
concerning the allocation of funds for projects in or
safety, health, and well-being of www.broadbandusa.gov.
affecting the individual states at the time the state residents, including, but not limited to, Loan/grant documents mean the loan/
submits its Mapping Grant application. emergency response and other public grant contract, note(s), and security
instrument between the borrower/ Service area means the entire area proposed funded service area lack
grantee and RUS and any associated within which a service provider either access to facilities-based, terrestrial
documents pertaining to the loan/grant. offers or intends to offer broadband broadband service, either fixed or
Middle Mile project means a service and may include the proposed mobile, at the minimum broadband
broadband infrastructure project that funded service area. transmission speed (set forth in the
does not predominantly provide State means, for purposes of BTOP, a definition of broadband above). A
broadband service to end users or to state or political subdivision thereof, the household has access to broadband
end-user devices, and may include District of Columbia, or a territory or service if the household can readily
interoffice transport, backhaul, Internet possession of the United States. subscribe to that service upon request.
connectivity, or special access. TIER means times interest earned
ratio. TIER is the ratio of a BIP IV. Award Information
Pre-application expense means any
reasonable expense incurred after the applicant’s net income (after taxes) plus A. Available Funds for BIP
release of this NOFA to prepare an (adding back) interest expense, all
divided by interest expense (existing 1. General
application, including engineering costs
and accountant/consultant fees. and any new interest expense including Approximately $2,400,000,000 in
Proposed funded service area means the interest expense associated with the program level funding has been set
the area (either in all or part of an proposed loan); all financial terms are aside for funding opportunities under
existing service area or a new service defined by GAAP. this NOFA.
Underserved area means a proposed
area) where the applicant is requesting 2. Funding Limits
funded service area, composed of one or
BIP or BTOP funds to provide
more contiguous census blocks 27 Award amounts under this NOFA will
broadband service pursuant to this
meeting certain criteria that measure the be limited as follows:
NOFA.
availability of broadband service and
Public computer center means a place, a. Last Mile Projects
the level of advertised broadband
including but not limited to community
speeds. These criteria conform to the Up to $1,200,000,000 is available for
colleges, libraries, schools, youth two distinct components of the
centers, employment service centers, Last Mile projects. These projects may
Broadband Infrastructure category of consist of Remote Area projects or Non-
Native American chapter houses, eligible projects—Last Mile and Middle
community centers, senior centers, Remote projects. Up to $400,000,000 is
Mile. Specifically, a proposed funded available for grants for Remote Area
assistive technology centers for people service area may qualify as underserved
with disabilities, community health projects. Up to $800,000,000 is available
for last mile projects if at least one of the for loans or loan/grant combinations for
centers, and Neighborhood Network following factors is met, though the
Centers in public housing Non-Remote projects.
presumption will be that more than one
developments, that provide broadband factor is present: 1. No more than 50 b. Middle Mile Projects
access to the general public or a specific percent of the households in the Up to $800,000,000 is available for
vulnerable population, such as low- proposed funded service area have loans or loan/grant combinations for
income, unemployed, aged, children, access to facilities-based, terrestrial Middle Mile projects.
minorities and people with disabilities. broadband service at greater than the
RE Act means the ‘‘Rural minimum broadband transmission 3. Repooling
Electrification Act of 1936,’’ as amended speed (set forth in the definition of For categories that do not receive
(7 U.S.C. 901 et seq.). broadband above); 2. No fixed or mobile applications that request the full
Recovery Act means the American broadband service provider advertises amount of allocated funds, excess funds
Recovery and Reinvestment Act of 2009, broadband transmission speeds of at may be directed to another category at
Public Law No. 111–5, 123 Stat. 115 least three megabits per second RUS’s discretion. Additionally, if RUS
(2009). (‘‘mbps’’) downstream in the proposed does not make awards in the full
Remote area means an unserved, rural funded service area; or 3. The rate of amount allocated to a category, RUS
area 50 miles from the limits of a non- broadband subscribership for the may, at its discretion, direct such excess
rural area. proposed funded service area is 40 funds to another category.
Rural area means any area, as percent of households or less. A
confirmed by the latest decennial proposed funded service area may 4. National Reserve
census of the Bureau of the Census, qualify as underserved for Middle Mile Up to $325,000,000 is available for a
which is not located within: 1. A city, projects if one interconnection point national reserve. These funds may be
town, or incorporated area that has a terminates in a proposed funded service used to augment the BIP funding
population of greater than 20,000 area that qualifies as unserved or categories established above, or remain
inhabitants; or 2. an urbanized area underserved for Last Mile projects. unused for subsequent NOFAs. In any
contiguous and adjacent to a city or Unserved area means a proposed event, all funds will be awarded no later
town that has a population of greater funded service area, composed of one or than September 30, 2010.
than 50,000 inhabitants. For purposes of more contiguous census blocks, where
the definition of rural area, an urbanized at least 90 percent of households in the 5. Unused Funds
area means a densely populated Funds made available but not used for
territory as defined in the latest 27 Census
blocks are the smallest geographic areas this NOFA may be directed to
decennial census of the U.S. Census for which the U.S. Bureau of the Census collects subsequent NOFAs.
and tabulates decennial census data. Census blocks

Bureau. are formed by streets, roads, railroads, streams and
Security document means any 6. Award Period
other bodies of water, other visible physical and
mortgage, deed of trust, security cultural features, and the legal boundaries shown All awards under BIP must be made
agreement, financing statement, or other on Census Bureau maps. Census data at this level no later than September 30, 2010. While
serve as a valuable source for small-area geographic
document that RUS determines is studies. See the Census Bureau’s Web site at
the completion time will vary
necessary to perfect its interest in the http://www.census.gov for more detailed depending on the complexity of the
security for a loan or loan/grant. information on its data gathering methodology. project, award recipients must
substantially complete projects substantially complete projects C. Application Eligibility Factors

supported by this program no later than supported by this program no later than The following eligibility factors
two years, and projects must be fully two years, and projects must be fully establish basic requirements that all
completed no later than three years, completed no later than three years, applicants must comply with in order to
following the date of issuance of the following the date of issuance of the be eligible for an award. Applicants
award. grant award.30 failing to comply with these
7. Type of Funding Instrument 7. Type of Funding Instrument requirements will not have their
applications considered. This section
The funding instruments for BIP will The funding instrument for BTOP will
lists eligibility factors (a) shared by BIP
be a grant, loan, and loan/grant be a grant.
and all three BTOP project categories;
combination. V. Eligibility Information for BIP and (b) shared by BIP and BTOP Broadband
B. Available Funds for BTOP BTOP Infrastructure projects; (c) that apply
A. In General only to BIP projects; and (d) that apply
1. General
only to the three BTOP project
Up to $1,600,000,000 in budget Applicants must satisfy the following categories.
authority has been set aside for funding eligibility requirements to qualify for
opportunities under this NOFA. funding. 1. Eligibility Factors Common to All BIP
Publication of this NOFA does not and BTOP Applicants
B. Eligible Entities
obligate NTIA to award any specific a. Fully Completed Application
project or obligate all or any parts of any 1. Applicant Organization
Applicants must submit a complete
available funds, although the Recovery The following entities are eligible to application and provide all supporting
Act indicates that the Assistant apply for assistance: documentation required for the
Secretary shall award at least one grant a. States, local governments, or any application.
in each state to the extent practical by agency, subdivision, instrumentality, or
September 30, 2010.28 political subdivision thereof; b. Timely Completion
b. The District of Columbia; A project is eligible only if the
2. Funding Limits c. A territory or possession of the application demonstrates that the
Up to $1.4 billion is available to be United States; project can be substantially completed
awarded under this NOFA and will be d. An Indian tribe (as defined in within two years of the date of issuance
allocated in the following categories: section 4 of the Indian Self- of the grant, loan, or loan/grant award
a. Broadband Infrastructure projects Determination and Education and finished within three years of the
will be awarded no greater than $1.2 Assistance Act (25 U.S.C. 450b)); date of the award. For BIP, a project is
billion; e. A native Hawaiian organization; considered ‘‘substantially complete’’
b. Public Computer Center projects f. A non-profit foundation, a non-
when an awardee has received 67
will be awarded no greater than $50 profit corporation, a non-profit
percent of its award funds. For BTOP,
million; and institution, or a non-profit association;
g. Other non-profit entities; a project is considered ‘‘substantially
c. Sustainable Broadband Adoption complete’’ when the awardee has met 67
projects will be awarded no more than h. For-profit corporations;
i. Limited liability companies; and percent of the project milestones and
$150 million. received 67 percent of its award funds.
j. Cooperative or mutual
3. Repooling organizations. 2. Additional Factors Applicable to BIP
Subject to the statutory thresholds set 2. BTOP Public Interest Finding and BTOP Broadband Infrastructure
forth in the Recovery Act, NTIA retains Applicants
the discretion to divert funds from one Section 6001(e)(1)(C) of the Recovery
Act authorizes the Assistant Secretary to a. Broadband Service
category of projects to another.
find by rule that it is in the public All Broadband Infrastructure
4. National Reserve interest for any entity not otherwise applicants must propose to offer service
Up to $200 million is available for a encompassed by section 6001(e)(1) to be meeting the definition of Broadband as
national reserve. These funds may be eligible for a BTOP grant to the extent defined herein.
used to augment the BTOP funding that such finding will promote the
purposes of BTOP in a technologically b. Technical Feasibility
categories established above, or remain
unused for subsequent NOFAs. In any neutral manner. Through this NOFA, Only projects that RUS and NTIA
event, all funds will be awarded no later the Assistant Secretary has found it to determine to be technically feasible will
than September 30, 2010. be in the public interest to permit for- be eligible for an award under this
profit corporations and non-profit NOFA. At minimum, applicants will be
5. Unused Funds entities (not otherwise encompassed by required to submit a system design and
Funds not awarded under this NOFA section 6001(e)(1)(B)) that are willing to project timeline, certified by a
may be used to fund subsequent promote the goals of the Recovery Act professional engineer, for any project
NOFAs. and comply with the statutory requesting funds over $1 million.
requirements of BTOP to be eligible for
6. Award Period c. Nondiscrimination and
a grant. By adopting this broad
Interconnection
All awards under BTOP must be made approach, the Assistant Secretary
no later than September 30, 2010.29 intends to invite a diverse group of All Broadband Infrastructure (both
While the completion time will vary applicants to participate in BTOP and to BIP and BTOP) applicants, must commit
depending on the complexity of the expand broadband capabilities in a to the following Nondiscrimination and
project, grant recipients must technologically neutral manner.31 Interconnection Obligations: i. Adhere
to the principles contained in the FCC’s
28 Recovery Act § 6001(h)(1), 123 Stat. at 514.
30 Id. § 6001(d)(3), 123 Stat. at 513.
Internet Policy Statement (FCC 05–151,
29 Id. § 6001(d)(2), 123 Stat. at 513.
31 Id. § 6001(e)(1)(C), 123 Stat. at 513.
adopted August 5, 2005); ii. not favor
any lawful Internet applications and With respect to non-discrimination, 3. Additional Factors for BIP
content over others; iii. display any those who believe an awardee has failed a. Eligible Service Area
network management policies in a to meet the non-discrimination
prominent location on the service obligations should first seek action at A project is eligible only if the
provider’s web page and provide notice the FCC of any FCC rules implicated in applicant demonstrates that at least 75
to customers of changes to these policies the dispute. If the FCC chooses to take percent of the proposed funded service
(awardees must describe any business area qualifies as a rural area without
no action, those seeking recourse may
practices or technical mechanisms they sufficient access to broadband service to
notify RUS or NTIA in writing about the
employ, other than standard best efforts facilitate rural economic development.32
alleged failure to adhere to For the purposes of this NOFA, RUS has
Internet delivery, to allocate capacity;
commitments of the award. determined that ‘‘without sufficient
differentiate among applications,
providers, or sources; limit usage; and Entities that successfully reach an broadband access’’ shall mean without
manage illegal or harmful content); iv. agreement to interconnect with a system access to broadband, as defined herein.
connect to the public Internet directly or funded under BIP may not use that Furthermore, RUS has determined that
indirectly, such that the project is not an interconnection agreement to provide only rural areas which are unserved or
entirely private closed network; and v. services that duplicate services underserved, as defined herein, shall
offer interconnection, where technically provided by projects funded by qualify as ‘‘areas without sufficient
feasible without exceeding current or outstanding telecommunications loans access to broadband service.’’ Therefore,
reasonably anticipated capacity made under the RE Act. Further, to qualify for BIP funding, projects must
limitations, on reasonable rates and interconnection may not result in a BIP- serve at least 75 percent unserved or
terms to be negotiated with requesting funded facility being used for ineligible underserved rural areas.
parties. This includes both the ability to purposes under the Recovery Act. b. Overlapping Service Areas
connect to the public Internet and
physical interconnection for the These conditions will apply for the RUS will not fund more than one
exchange of traffic. Applicants must life of the awardee’s facilities used in project to serve any given geographic
disclose their proposed interconnection, the project and not to any existing area. If more than one application
nondiscrimination, and network network arrangements. The conditions would serve any overlapping geographic
management practices with the apply to any contractors or area, the application with the highest
application. subcontractors of such awardees score will be funded; other applications
All these requirements shall be employed to deploy or operate the for the same area will be rejected in
subject to the needs of law enforcement network facilities for the infrastructure their entirety unless RUS, in its
and reasonable network management. project. Recipients that fail to accept or discretion, determines that the extent of
Thus, awardees may employ generally comply with the terms listed above may the overlap is de minimis.
accepted technical measures to provide be considered in default or breach of c. Fully Funded
acceptable service levels to all their loan or grant agreements. RUS and
customers, such as caching and NTIA may exercise all available A project is eligible only if, after
application-neutral bandwidth approval of the grant, loan, or loan/grant
remedies to cure the default.
allocation, as well as measures to combination, all project costs can be
address spam, denial of service attacks, d. Last Mile Coverage Obligation fully funded. To demonstrate this,
illegal content, and other harmful applicants must include with the
activities. In addition to providing the An applicant for a Last Mile application evidence of all funding,
required connection to the Internet, Broadband Infrastructure project must other than the RUS award, necessary to
awardees may offer managed services, identify the census block(s) selected for support the project, such as bank
such as telemedicine, public safety the project and provide documentation account statements or firm letters of
communications, and distance learning, supporting the applicant’s commitment from equity participants or
which use private network connections determination that the proposed funded other lenders documenting the timely
for enhanced quality of service, rather service area is either unserved or availability of funds.
than traversing the public Internet. underserved. There is a presumption
An awardee may satisfy the d. Financial Feasibility and
that the applicant will provide service Sustainability
requirement for interconnection by to the entire territory of each census
negotiating in good faith with all parties block included in the proposed funded Only projects that RUS determines to
making a bona fide request. The service area, unless the applicant files a be financially feasible and/or
awardee and requesting party may waiver and provides a reasoned sustainable will be eligible for an award
negotiate terms such as business explanation as to why providing under this NOFA.
arrangements, capacity limits, financial Loans: A project funded by a loan or
coverage for an entire census block is
terms, and technical conditions for loan/grant combination is financially
infeasible. Applicants may be permitted feasible when the applicant is able to
interconnection. If the awardee and
requesting party cannot reach to serve less than an entire census block generate sufficient revenues to cover its
agreement, they may voluntarily seek an under certain conditions. For example, expenses, has sufficient cash flow to
interpretation by the FCC of any FCC an applicant might request to be service its debts and obligations as they
rules implicated in the dispute. If an relieved of this requirement if the come due, and meet the minimum
agreement cannot be reached within 90 census block exceeds 100 square miles Times Interest Earned Ratio (TIER)
days, the party requesting or more or is larger than the applicant’s requirement of one by the end of the
interconnection may notify RUS or authorized operating territory, e.g., it forecast period, as determined by RUS.
NTIA in writing of the failure to reach splits a rural incumbent local exchange Grants: A project funded by a grant is
satisfactory terms with the awardee. The carrier’s (ILEC’s) study area or exceeds financially sustainable when the
90-day limit is to encourage the parties the boundaries of a wireless carrier’s applicant is able to generate a minimum
to resolve differences through licensed territory.
negotiation. 32 See id. div. A, tit. I, 123 Stat. at 118.
current ratio of one by the end of the Applications that propose to provide grant program’s authorizing legislation.
forecast period and can demonstrate a matching funds of greater than 20 In addition, costs must be reasonable,
positive cash balance for each year of percent and that are all cash will be allocable, necessary to the project, and
the forecast period. given additional favorable consideration comply with the funding statute
in step one of the application review requirements. Any application that
4. Additional Factors for BTOP process. proposes to use any portion of the
a. Conformity With Statutory Purposes award funds for any ineligible cost will
c. Demonstration That Project Could Not
A project is eligible only if it advances Be Implemented but for Federal Grant be rejected.
at least one of the statutory purposes for Assistance 2. Eligible and Ineligible Costs for BIP
BTOP.33 Grant applicants must provide and BTOP Infrastructure Projects
b. Cost Sharing/Matching documentation that the project would a. Eligible Infrastructure Award
not have been implemented during the Expenses
Awardees under BTOP will be grant period without federal grant
required to provide matching funds of at assistance. This documentation may Award funds may be used to pay for
least 20 percent toward the total eligible consist of, but is not limited to, such the following expenses:
project cost. Applicants must document i. To fund the construction or
items as a denial of funding from a
their capacity to provide matching improvement of all facilities required to
public or private lending institution,
funds. NTIA will provide up to 80 denial of a funding request from RUS for provide broadband service, and for BIP
percent of total eligible project costs, a loan or loan/grant combination, a only, including facilities required for
unless the applicant petitions the current fiscal year budget that shows the providing other services over the same
Assistant Secretary for a waiver of the lack of available revenue options for facilities;
matching requirement and that waiver is ii. To fund the cost of leasing facilities
funding the project, or a business case
granted by the Assistant Secretary based required to provide broadband service if
that demonstrates that the project would
on the applicant’s demonstration of such lease qualifies as a capital lease
not be economically feasible without
financial need.34 In requesting such a under GAAP. Award funds may be used
grant financing.
waiver, an applicant should fully to fund the cost of the capital lease for
explain and document its inability to d. Reasonableness of Project Budget no more than the first five years after the
provide the required 20 percent share of A project will only be eligible if it date of the first advance of award funds;
the cost of its proposed project. An demonstrates that its budget is iii. To fund reasonable pre-
applicant should submit complete appropriate to the proposed technical application expenses in an amount not
financial documentation supporting its and programmatic solutions, its costs to exceed five percent of the award. Pre-
need for a waiver of the matching are reasonable and eligible consistent application expenses may be
requirement. These documents should with the principles outlined in section reimbursed if they are incurred after the
include the applicant’s assets, liabilities, V.D below, and that the allocation of publication date of this NOFA and prior
operating expenses and revenues from funds will be sufficient to complete the to the date on which the application is
any existing operations, and any other tasks outlined in the project plan. submitted to RUS or NTIA; and
documents that will demonstrate iv. For BTOP only undertaking such
D. Eligible Cost Purposes other projects and activities as the
financial need and sustainability,
including such items as a denial of 1. General Assistant Secretary finds to be
funding from a public or private lending consistent with the purposes for which
Award funds must be used only to the program is established.
institution. The Assistant Secretary will pay for eligible costs. Eligible costs are
evaluate the information provided in consistent with the cost principles b. Ineligible Award Expenses
support of the petition and may increase identified in the applicable OMB Award funds may not be used for any
the federal share if financial need is circulars 37 and in the grant or the loan/ of the following purposes:
demonstrated. i. To fund operating expenses of the
Generally, federal funds may not be 37 For example there is a set of federal principles
project, including fixed and recurring
used as matching funds except as for determining eligible or allowable costs.
Allowability of costs will be determined in costs of a project;
provided by federal statute.35 In-kind accordance with the cost principles applicable to ii. To fund costs incurred prior to the
contributions, including third party in- the entity incurring the costs. Thus, allowability of date on which the application is
kind contributions, are non-cash costs incurred by state, local or federally-recognized submitted, with the exception of eligible
donations to a project that may count Indian tribal governments is determined in
accordance with the provisions of OMB Circular
pre-application expenses;
toward satisfying the non-federal A–87, ‘‘Cost Principles for State, Local and Indian iii. To fund an acquisition, including
matching requirement of a project’s total Tribal Governments.’’ The allowability of costs the acquisition of the stock of an
budget. In-kind contributions must be incurred by non-profit organizations is determined affiliate, or the purchase or acquisition
allowable project expenses. Such in accordance with the provisions of OMB Circular
A–122, ‘‘Cost Principles for Non-Profit
of any facilities or equipment of an
contributions may be accepted as part of Organizations.’’ The allowability of costs incurred affiliate;
an applicant’s matching when such by institutions of higher education is determined in iv. To fund the purchase or lease of
contributions meet certain criteria.36 accordance with the provisions of OMB Circular any vehicle other than those used
A–21, ‘‘Cost Principles for Educational primarily in construction or system
Institutions.’’ The allowability of costs incurred by
33 See id. § 6001(b), 123 Stat. at 512–13. hospitals is determined in accordance with the improvements;
v. To fund broadband facilities leased
34 See id. § 6001(f), 123 Stat. at 514. provisions of Appendix E of 45 CFR pt. 74,
35 See Uniform Administrative Requirements for
‘‘Principles for Determining Costs Applicable to under the terms of an operating lease;
Grants and Agreements with Institutions of Higher Research and Development under Grants and
Education, Hospitals, Other Non-profit, and
vi. To fund merger or consolidation of
Contracts with Hospitals.’’ The allowability of costs
Commercial Organizations, 15 CFR § 14.23(a)(5); see incurred by commercial organizations and those entities; and
also Uniform Administrative Requirements for non-profit organizations listed in Attachment C to
Grants and Cooperative Agreements to State and Circular (FAR) at 48 CFR pt. 31. See 15 CFR 14.27, 24.22
Local Governments, 24 CFR § 24.24(b)(1). A–122 is determined in accordance with the (governing the Department of Commerce’s
36 See 15 CFR §§ 14.23(a), 24.24(a). provisions of the Federal Acquisition Regulation implementation of OMB requirements).
vii. To fund costs incurred in iii. Conducting broadband-related instructions, will be available at http://
acquiring spectrum as part of an FCC public education, outreach, support and www.broadbandusa.gov. Additional
auction or in a secondary market awareness campaigns; information for BIP and BTOP can be
acquisition. iv. Implementing innovative programs found in the Application Guidelines at
to facilitate greater access to broadband http://www.broadbandusa.gov. This
3. Eligible and Ineligible Costs for service, devices, and equipment; and Web site will be updated regularly.
Public Computer Centers and v. Undertaking such other projects
Sustainable Broadband Adoption and activities as the Assistant Secretary B. Registration
a. General finds to be consistent with the purposes 1. DUNS Number
for which the program is established.
Grantees for BTOP funds under these All applicants must supply a Dun and
two project categories are required to d. Ineligible Costs for Public Computer Bradstreet Data Universal Numbering
show how such funding serves the Centers and Sustainable Broadband System (DUNS) number. Applicants can
stated purposes of: i. Providing Adoption receive a DUNS number at no cost by
broadband education, awareness, BTOP grant funds may not be used to calling the dedicated toll-free DUNS
training, access, equipment, and support fund purchases that are not used number request line at 1–866–705–5711
to community anchor institutions (e.g., predominantly for the provision of or via the Internet at http://
schools, libraries, medical and broadband education, awareness, www.dunandbradstreet.com.
healthcare providers, community training, access, equipment and support. 2. Central Contractor Registration (CCR)
colleges and other institutions of higher
education, and other community E. Use of Program Income All applicants must provide a CCR
support organizations), or organizations Grantees are required to account for (CAGE) number evidencing current
and agencies serving vulnerable any program income directly generated registration in the Central Contractor
populations (e.g., low-income, by projects financed in whole or in part Registration (CCR) database. If the
unemployed, aged), or job-creating with federal funds. Given the Recovery applicant does not have a current CCR
strategic facilities located in state- or Act’s objectives to spur job creation and (CAGE) number, the applicant must
federally-designated economic stimulate long-term economic growth register in the CCR system available at
development areas; ii. improving access and opportunity, projects funded by BIP http://www.ccr.gov/
to, and use of, broadband service by and BTOP grants are expected to StartRegistration.aspx.
public safety agencies; and iii. convincingly demonstrate the ability to
be sustained beyond the funding period. C. Choosing the Proper Agency and
stimulating the demand for broadband, Category for an Application
economic growth, and job creation. While grant funds are intended to cover
the capital costs of a project as part of 1. Broadband Infrastructure
b. Eligible Costs for Public Computer the Recovery Act’s effort to stimulate
Centers the economy, grant recipients for all a. Choosing BIP or BTOP Broadband
grant programs are expected to present Infrastructure
Grantees may use BTOP funding
under this project category to expand projects that will sustain long-term i. Applications for Rural Areas. All
computer center capacity by: growth and viability. applications to fund broadband
For purposes of BIP and BTOP, any infrastructure in proposed funded
i. Acquiring broadband-related
program income generated by a service areas which are at least 75
equipment, instrumentation, networking
proposed project during the grant period percent rural are required to be
capability, hardware and software, and
shall be retained by the grant recipient submitted to RUS for consideration
digital network technology for and shall be added to the funds
broadband services; under BIP. If such applicants also
committed to the project by RUS or choose to be considered for BTOP
ii. Developing and providing training, NTIA and the recipient. The grant funding, they must complete the
education, support and awareness recipient should use program income to additional elements required of BTOP
programs or web-based resources; further eligible project objectives, infrastructure applicants. RUS will
iii. Facilitating access to broadband including reinvestment in project consider all applications for projects in
services, including, but not limited to, facilities. Program income means gross proposed funded service areas which
making public computer centers income earned by the recipient that is are at least 75 percent rural in
accessible to the disabled; and either directly generated by a supported accordance with the BIP procedures
iv. Undertaking such other projects activity, or earned as a result of the outlined in this NOFA. If the applicant
and activities as the Assistant Secretary award during the funding period. Grant also chooses to be considered under
finds to be consistent with the purposes recipients shall have no obligation to BTOP, NTIA will review these
for which the program is established. the federal government regarding applications using its own objective
program income earned after the end of evaluation criteria and in accordance
c. Eligible Costs for Sustainable
the project period. However, the federal with BTOP procedures outlined in this
Broadband Adoption
government retains an interest in NOFA. NTIA may make awards with
Grantees may use BTOP funding property in the event that it is sold, respect to such applications NTIA
under this project category to encourage consistent with the guidance outlined in determines to be meritorious after RUS
sustainable adoption of broadband section IX of this NOFA.38 has reviewed the application and
services by: determined not to fund it. RUS and
VI. Application and Submission
i. Acquiring broadband-related Information NTIA have adopted these application

equipment, hardware and software, and procedures to reflect the fact that
digital network technology for A. Request for Application Package Congress, in the Recovery Act, intended
broadband services; Complete application packages, that RUS focus its activities on rural
ii. Developing and providing training, including required federal forms and areas and mandated that NTIA funding
education, support and awareness could not be applied in the same area
programs or web-based content; 38 2 CFR 215.24; 15 CFR 14.24, 24.25. funded by RUS under the Recovery Act.
ii. Applications for All Other Areas. provide broadband service to end users among vulnerable populations, and
All applications to fund broadband or end-user devices (including homes, propose an innovative and persuasive
infrastructure projects in proposed businesses, schools, libraries, medical solution to encourage adoption.
funded service areas that are less than and health care providers, community Applicants might show how variations
75 percent rural must be submitted to support organizations, public safety on one or more proven demand
NTIA for consideration under BTOP. entities, vulnerable populations and stimulation strategy—such as
Submissions to BIP of such applications other institutions and individuals). awareness-building, development of
will be rejected. Highly responsive Last Mile projects relevant content, and demand
should be technically feasible, aggregation—would promote
b. BIP Broadband Infrastructure sustainable, and scalable, and address sustainable adoption.
Categories BTOP’s priority needs, including
i. Last Mile Remote Area offering substantial economic, D. Contents of the Application
Applications for Last Mile Remote educational, health care, and public 1. BIP and BTOP Broadband
Area projects must predominantly safety benefits relative to the costs of Infrastructure Project Applications
provide broadband directly to the providing service.
a. Requirements for Step One of the
premise or to end users within iii. Middle Mile Application Process
completely remote areas, as defined For the purposes of BTOP grant funds, A complete application will include
herein. The BIP Program will consider applications for Middle Mile projects the following:
applications for grant funds up to 100 must be for unserved or underserved i. The identity of the applicant and
percent. For grants receiving greater areas and have a predominant purpose general applicant and project
than 80 percent of eligible costs, the other than providing broadband service information including:
Administrator must determine that the to end users or to end-user devices and (1) A description of the project that
awardee has a specific financial need may include interoffice transport, will be made public consistent with the
that justifies funding greater than 80 backhaul, Internet connectivity, or requirements of the Recovery Act;
percent. special access. Highly responsive (2) The Congressional Districts
ii. Last Mile Non-Remote Projects Middle Mile projects should be affected by the project;
technically feasible, sustainable, and (3) The estimated dollar amount of the
Applications for Last Mile Non- funding request;
scalable and offer substantial benefits to
Remote Area projects must ii. Verification that the application
unserved and underserved areas relative
predominantly provide broadband meets certain eligibility factors,
to the costs of providing service.
directly to the premise or to end users including submission of a complete
that are not exclusively within remote 2. BTOP—Public Computer Centers application with all supplemental
areas, as defined herein. Last Mile Non- For the purposes of BTOP grant funds, documentation, commitment to
Remote Area projects may encompass applicants requesting a Public Computer substantial completion of the project
both remote and non-remote areas, and Center grant must have a project that within two years and project completion
will be awarded scoring points for provides broadband access to the within three years of the award date,
remote areas within the application. general public or a specific vulnerable demonstration that the project is
Only those applications for loans or population, such as low-income, technically feasible, that the applicant
loan/grant combinations whose total unemployed, aged, children, minorities will provide broadband service meeting
proposed funded service area contains and people with disabilities. Projects the definition in this NOFA, that the
75 percent or more unserved or must create or expand a public applicant agrees to comply with the
underserved rural areas, as defined computer center meeting a specific nondiscrimination and interconnection
herein, will be considered for BIP public need for broadband service, obligations in this NOFA, and that the
funding. including but not limited to education, applicant agrees to comply with the last
iii. Broadband Infrastructure Middle employment, economic development, mile coverage obligations in this NOFA;
Mile Projects and enhanced service for health-care for BIP only, that at least 75% of the
delivery, children, and vulnerable proposed funded service area is a rural
Applications for Middle Mile projects populations. As described below, NTIA area, that the project will be fully
must connect at least two points will consider information related to the funded, and that the project is
without predominantly providing demographics, size and scope of the financially feasible; and for BTOP only,
broadband service to the premise or end populations to be served, as well as the demonstration that the project advances
users, and must be capable of bringing capacity of the proposed centers. at least one of BTOP’s five statutory
broadband service to eligible service purposes, commitment to or a waiver for
areas. The BIP program will consider 3. BTOP—Sustainable Broadband the cost matching requirement,
only those applications for loans and Adoption demonstration that a project could not
loan/grant combinations whose total Applications for Sustainable be completed in the grant period but for
proposed funded service area benefits at Broadband Adoption projects should federal funding, and that the budget is
least 75 percent or more unserved or demonstrate a sustainable increase in reasonable and all costs are eligible;
underserved rural areas, as defined demand for and subscribership to iii. An executive summary of the
herein. broadband services. Projects should project, including but not limited to the
c. BTOP Broadband Infrastructure meet a specific public need for opportunity the proposed system seeks
Categories broadband service, including, but not to address; a description of the proposed
limited to, education, employment, funded service area; number of
i. Last Mile economic development, and enhanced households and businesses passed;
For the purposes of BTOP grant funds, service for health-care delivery, number of community anchor
applications for Last Mile projects must children, and vulnerable populations. institutions, public safety entities and
be for unserved or underserved areas Projects should describe the barriers to critical community organizations to be
and have the predominant purpose to adoption in a given area, especially passed and/or involved in the project;
proposed service offerings; how non- proposed project; and how much the residing in unserved areas of the
discrimination and interconnection applicant will rely on contractors or country; (b) to provide improved access
requirements will be met; the type of vendors to deploy the network facilities; to broadband service to consumers
broadband system to be deployed; viii. Resumes of key management residing in underserved areas of the
qualifications of the applicant; overall personnel, a description of the country; (c) to provide broadband
infrastructure cost of the broadband organization’s readiness to manage a access, education, awareness, training,
system; subscriber projections; and the broadband services network, and an equipment, and support to community
number of jobs the project is expected organizational chart showing any parent anchor institutions (e.g., schools,
to create or save; organizations and/or subsidiaries and libraries, medical facilities), or
iv. A description of the proposed affiliates; organizations and agencies serving
funded service area, including: (1) A ix. A legal opinion (as set forth in the vulnerable populations (e.g., low-
map; (2) data describing the geography application) that: (1) Addresses the income, unemployed, aged), or job-
and demographics of the proposed applicant’s ability to enter into the creating strategic facilities located in
funded service area, including award documents; (2) describes all state or federally designated economic
information as to whether the proposed pending litigation matters; and (3) for development areas; (d) to improve
funded service area is unserved or loan and loan/grant combinations, access to, and use of, broadband service
underserved; (3) names of the census addresses the applicant’s ability to by public safety agencies; and (e) to
designated communities and pledge security as required by the award stimulate the demand for broadband,
identification of areas not within a documents; economic growth, and job creation;
census designated community within x. Partnerships with public, non- (2) A demonstration of need for grant
the proposed funded service area; (4) profit, and private sector groups and funding, including documentation
information as to whether the collaboration with other state and demonstrating that a project would be
communities and areas identified in federal development programs unfeasible but for federal assistance;
clause (3) are rural or non-rural, remote including other Recovery Act programs; (3) A description of how the applicant
and unserved, underserved or served; xi. An itemized budget of the will enhance services for health care
(5) the methodology for making the infrastructure costs of the proposed delivery, education, and children to the
above classifications; (6) whether the project, including if applicable, the ratio greatest population of users in the area;
applicant is seeking a waiver from of loans to grants, and any other source (4) Additional verification related to
providing less than 100% coverage of of outside funding, especially any other the non-discrimination and
any census block; and; (7) for middle Recovery Act funds under other federal interconnection obligations set forth in
mile projects, identification of the last programs, and an explanation of the this NOFA;
mile areas to be served; reasonableness of the unit price and (5) The percentage of matching funds
v. A description of the proposed total number of units required for the the applicant will contribute to the
service offerings, and the associated project; project, and its percentage of the total
pricing plan, that the applicant proposes xii. Pro Forma financial analysis cost, as well as the specific amounts that
to offer, as well as the advertised prices related to the sustainability of the are in cash or in-kind;
of service offerings by competitors in project, including subscriber estimates (6) Whether the applicant receives
the same area; a description of the and proposed service offerings in any federal support for non-recurring
applicant’s nondiscrimination, addition to broadband Internet access; costs in the proposed funded service
interconnection, and network annual financial projections including area; and
management plans; an explanation of balance sheets, income statements, and (7) To the extent applicable, evidence
why the proposed service offerings are cash flow statements and supporting of collaboration with any socially and
affordable; and for BTOP only, an assumptions for a five-year forecast economically disadvantaged small
estimate of the cost of the project per period as applicable; and a list of business concern (SDB) as defined
household; committed sources of capital funding; under section 8(a) of the SBA, that may
vi. The technology type; a description xiii. Historical financial statements, include a sub-awardee, contractor,
of the system design used to deliver the Certified Public Accountant (CPA) subcontractor, or vendor, and the source
broadband service; a network diagram, audits if applicable, for the previous two and amount of any federal or state
which must be certified by a calendar years; funding, including Universal Service
professional engineer if the funding xiv. Certifications required in the Fund funds, that applicant has received,
request exceeds $1,000,000; whether the application; or requested, for the activities or
applicant is seeking a waiver of the Buy xv. For BIP applicants only: projects to which the application
America provision; and whether the (1) A self-scoring sheet, analyzing the relates.
project allows more than one provider objective scoring criteria set forth in this
to serve end users; b. Verification Filing Requirements for
NOFA; Step Two of the Application Process
vii. A timeline including key (2) The pricing package being offered
milestones for implementation of the to critical community facilities, if any; As discussed above, those
project, including a construction and applications that are considered to be
schedule, certified by a professional (3) Evidence that the applicant is a most highly qualified (i.e., receiving the
engineer if the funding request exceeds socially and economically highest scores), will advance to the
$1,000,000, which identifies potential disadvantaged small business concern second step of the review process.
challenges and establishes the viability (SDB) as defined under section 8(a) of Specifically, in the ‘‘due diligence’’
of the project timeline and associated the SBA. phase, applicants will be asked to
milestones for build-out to the census xvi. For BTOP applicants only: submit additional information, as
blocks, households, businesses, (1) A description of how the applicant appropriate, to further substantiate the
community anchor institutions, and will advance the objectives of the representations made in their
public safety entities identified in the Recovery Act, as well as the specific application. Although this ‘‘due
proposal; a list of all required licenses objectives of BTOP, (a) to provide access diligence’’ phase applies to all three
and regulatory approvals needed for the to broadband service to consumers categories of projects—Broadband
Infrastructure, Public Computer Center, 2. Public Computer Centers h. The capacity of the proposed
and Sustainable Adoption—it is most Applications public computer center(s) and areas and
applicable to Broadband Infrastructure Applications for Public Computer populations to be served, including
Projects. This phase will be announced Center projects must contain the whether the facility will be available to
no earlier than September 14, 2009. The following information: the general public or specific
following information must then be a. The identity of the applicant and populations, whether the center(s)
submitted to the agencies online at general applicant and project charges membership fees and if so how
http://www.broadbandusa.gov by information including: these charges are consistent with the
October 15, 2009, or, alternatively, 30 i. A descriptive title of the project that public interest, any restrictions of the
days after the applicant has received a will be made public consistent with the use of the center(s), how the center will
request from RUS or NTIA to provide requirements of the Recovery Act, be accessible to persons with
such information, whichever is later. ii. The Congressional Districts disabilities, the locations and hours of
i. A list of all its outstanding and affected by the project, the center(s), current and proposed
contingent obligations, including copies iii. The dollar amount of the funding number of broadband workstations,
of existing notes, loan and security request; current and proposed speed of the
agreements, and guarantees; b. Verification that the application center(s) broadband connection, the size
meets certain eligibility factors, and scope of the target population and
ii. A detailed description of working including submission of a complete the populations to be served by the
capital requirements and the source of application with all supplemental center(s), the outreach strategy for the
these funds; documentation, commitment to center(s), the equipment and software
iii. A detailed description of the substantial completion of the project that will be provided, and the training
proposed technology that will be used within two years and project completion and educational programs that will be
to provide service at the proposed within three years of the award date, offered;
broadband speed. This description must demonstration that the project advances
i. A summary as to the viability of the
clearly demonstrate that all households at least one of BTOP’s five statutory
project, including the overall technology
and businesses in the proposed funded purposes, commitment to or a waiver for
strategy to be deployed by the project;
service area will be offered service at the the cost matching requirement,
qualifications of the organization and
proposed broadband speed; demonstration that a project could not
management team, including a
be completed in the grant period but for
iv. A detailed construction build-out description of organizational readiness
federal funding, demonstration that the
schedule that includes a description of and an organizational chart; a list of
project is technically feasible, and that
the necessary work force, a timeline community organizations, partners,
the budget is reasonable and all costs
demonstrating project completion vendors, or contributors of in-kind
are eligible;
within the required timeframe, a c. An executive summary of the resources involved in the project and
depreciation schedule for the proposed project, including the problem or need whether any of those involved entities
facilities; the project addresses and the approach are socially or economically
v. A completed Environmental to addressing the need; the area to be disadvantaged partners; a project
Questionnaire, other documentation served, population and demographics of timeline that established key milestones
requests, and required environmental the target area, and estimated number of for implementation of the project as
authorizations and permits, including potential users of the public computer well as potential challenges that could
those required by the National center(s); qualifications of the applicant; pose delays; a list of needed licensing
Environmental Policy Act of 1969, as jobs to be created or saved; and overall and regulatory approvals; and a legal
amended (42 U.S.C. 4321 et seq.) cost of the project; opinion addressing the applicant’s
(NEPA), the National Historic d. A description of the project ability to enter into the award
Preservation Act of 1966, as amended purpose, including the significance of agreement;
(16 U.S.C. 470 et seq.) (NHPA), and the the problem to be addressed and the j. Proposed budget and sustainability
Endangered Species Act of 1973, as degree to which the proposed solution information from the applicant
amended (16 U.S.C. 1534 et seq.) (ESA) effectively addresses the problem and including a narrative explaining the
as applicable; could be replicated by other project budget, an explanation of why
organizations; the degree to which the the proposed costs are reasonable,
vi. For purposes of the step two due
problem and proposed solution advance demonstration that the project could not
diligence verification process,
at least one of BTOP’s five statutory have been undertaken during the grant
applicants will need to be prepared to
purposes; and whether and how the period but for federal assistance,
provide any of the underlying
project incorporates more than one organization financial statements for the
documentation that is referenced in the
BTOP program category or BTOP last two years, explanation of how a
application, as appropriate; and
statutory purpose; project will become self-sustaining,
vii. For BIP only, a description of e. A description of any collaboration
measurable service metrics and target description of the planned matching
with Recovery Act or other state or
service level objectives (SLOs) (e.g., the funds for the project or a waiver, as
federal development programs that
speed with which new service will be applicable, whether the project is
leverage the impact of the proposed
established, service availability, and receiving or has applied for federal
project;
response time for reports of system f. A description of how the program support for non-recurring costs,
failure at a residence) that will be would enhance service for health care disclosure of other federal or state
provided to the customer, and a delivery, education, or children; funding, and whether the applicant is
description of the approach and g. Evidence of collaboration with any seeking a waiver of the Buy American
methodology for monitoring ongoing SDB as defined by section 8(a) of the provision; and
service delivery and service quality for SBA, that may include a sub-awardee, k. Completion of an environmental
the services being employed. contractor, subcontractor, or vendor; checklist and applicable certifications.
3. Sustainable Broadband Adoption h. A description of the project funding, and whether the applicant is
Applications benefits, including how the approach to seeking a waiver of the Buy American
Applications for Sustainable solve the identified problem is provision; and
Broadband Adoption projects must innovative; the number of new home, k. Completion of an environmental
contain the following information: business, and institutional broadband checklist and applicable certifications.
a. The identity of the applicant and subscribers expected to be generated;
E. Filing Instructions
general applicant and project the populations to be served by the
information including: project; the total cost of the project per 1. Electronic Applications
i. A descriptive title of the project that new subscriber; if proposing a training Electronic submissions of
will be made public consistent with the or educational program, how many applications will allow for the
requirements of the Recovery Act, people it will reach, the hours of expeditious review of an applicant’s
ii. The Congressional Districts training per person, the number of proposal consistent with the goals of the
affected by the project, instructors to be employed, and planned Recovery Act. As a result, all applicants
iii. The dollar amount of the funding equipment purchases and overall cost of requesting more than $1 million in
request; these devices; if proposing an assistance (in the form of grants, loans,
b. Verification that the application equipment purchase or loan program, or a combination of grants and loans)
meets certain eligibility factors, the number of households, businesses, must file their application
including submission of a complete and institutions that will be provided electronically. Applicants whose
application with all supplemental equipment and the total cost to the authorized representatives are
documentation, commitment to customer; if proposing an awareness individuals with disabilities, however,
substantial completion of the project campaign, the number of people may submit a paper application
within two years and project completion expected to be reached, the strategies to irrespective of the funding size of their
within three years of the award date, be used in the campaign, how impact of
request. In addition, applicants who are
demonstration that the project advances the campaign will be measured, and the
requesting less than $1 million in
at least one of BTOP’s five statutory organization’s previous experience with
assistance may forego the electronic
purposes, commitment to or a waiver for this type of campaign;
i. A summary as to the viability of the filing requirement if filing electronically
the cost matching requirement,
project, including an explanation of the would impose a hardship on the
demonstration that a project could not
innovative operational solution applicant.
be completed in the grant period but for
federal funding, demonstration that the proposed, how it will create sustainable 2. Paper Applications
project is technically feasible, and that adoption in the target population, and
a. Format
the budget is reasonable and all costs how it could be feasible in other
are eligible; situations; qualifications of the Applicants requesting less than $1
c. An executive summary of the organization and management team, million in assistance (in the form of
project, including the problem or need including a description of grants, loans, or a combination of grants
the project addresses and the approach organizational readiness and an and loans) may file their applications in
to addressing the need, and how that organizational chart; a list of community a paper format if filing electronically
approach is innovative; the area to be organizations, partners, vendors, or would impose a hardship on the
served, population and demographics of contributors of in-kind resources applicants. Applicants whose
the target area, and estimated number of involved in the project and whether any authorized representatives are
potential broadband subscribers the of those involved entities are socially or individuals with disabilities may file
project will reach; qualifications of the economically disadvantaged partners; a their applications in a paper format
applicant; jobs to be created or saved; project timeline that established key irrespective of the funding size of their
and overall cost of the project; milestones for implementation of the request. To the extent that applicants
d. A description of the project project as well as potential challenges use electronic word processing software
purpose, including the significance of that could pose delays; a list of needed to create paper submissions, they
the problem to be addressed and the licensing and regulatory approvals; and should include in their filing, to the
degree to which the proposed solution a legal opinion addressing the extent possible, an electronic copy of
effectively addresses the problem and applicant’s ability to enter into the the paper application on an appropriate
could be replicated by other award agreement; media such as a CD.
organizations; the degree to which the j. Proposed budget and sustainability The application package for paper
problem and proposed solution advance information from the applicant submissions must be completed in black
at least one of BTOP’s five statutory including a narrative explaining the or blue ink, signed and mailed to the
purposes; and whether and how the project budget, an explanation of why addresses provided in the Mailing
project incorporates more than one the proposed costs are reasonable, Addresses section of this document
BTOP program category or BTOP demonstration that the project could not (section E.2.d.). The application must be
statutory purpose; have been undertaken during the grant typed, single-sided, single-spaced, on
e. A description of any collaboration period but for federal assistance, 81⁄2″ x 11″ paper, excluding diagrams
with Recovery Act or other state or organization financial statements for the and charts. Use a font of no less than 12
federal development programs that last two years, explanation of how the points with margins of no less than one
leverage the impact of the proposed project will create sustainable increases inch. Reviewers will be instructed to
project; in subscribership and how the project ignore any portion of the application
f. A description of how the program itself could be sustained beyond the that extends beyond the prescribed page
would enhance service for health care grant period, description of the planned limits provided in the application.
delivery, education, or children; matching funds for the project or a
g. Evidence of collaboration with any waiver, as applicable, whether the b. Number of Copies
SDB as defined under section 8(a) of the project is receiving or has applied for Applicants filing paper copies should
SBA, that may include a sub-awardee, federal support for non-recurring costs, submit one original and one copy of the
contractor, subcontractor, or vendor; disclosure of other federal or state application for efficient processing.
c. Proof of Mailing Agriculture, 1400 Independence Project Purpose; 2. Project Benefits; 3.

Applications must include proof of Avenue, SW., Stop 1599, Washington, Project Viability; and 4. Project Budget
mailing consisting of one of the DC 20250. and Sustainability. Each application
following: or hand-delivered to: will be scored against the following
i. A legibly dated U.S. Postal Service Broadband Initiatives Program, Rural objective criteria, and not against other
postmark. Please note that the U.S. Utilities Service, U.S. Department of applications. This section describes the
Postal Service does not uniformly Agriculture, 1400 Independence evaluation criteria first for BIP
provide a dated postmark. Before Avenue, SW., Room 2868, Broadband Infrastructure projects, then
relying on this method, applicants Washington, DC 20250. for the three BTOP project categories.
should check with their local post 1. BIP Broadband Infrastructure Projects
iii. Signatures
office.
Applicants filing in a paper format a. General
ii. A legible mail receipt with the date
of mailing stamped by the U.S. Postal must submit an original signed copy of In accordance with the Recovery Act,
Service. their application and certifications. the priority for BIP is to provide and
iii. A dated shipping label, invoice, or Applicants filing electronically may improve broadband service to the
receipt from a commercial carrier. submit an electronic signature for their highest proportion of rural residents
Neither of the following will be application by registering at http:// who do not have adequate access to
accepted as proof of mailing: a private www.ccr.gov. broadband service for rural
metered postmark; nor a mail receipt development, which RUS defines to
F. Submission Dates and Times mean rural residents who reside in
that is not dated by the U.S. Postal
Service. Electronic applications must be unserved and underserved rural areas.
Applications with postmarked dates submitted between July 14, 2009, at 8 Additionally, the Recovery Act
after August 14, 2009, will not be a.m. ET and 5 p.m. ET on August 14, mandates that priority be given to
considered in the current grant round 2009. The electronic application system projects which: i. Give end users a
and will be returned to the applicant. at http://www.broadbandusa.gov will choice of providers; ii. serve the highest
Applications will NOT be accepted via provide a date and time stamped proportion of rural residents that lack
facsimile machine transmission. confirmation number that will serve as access to broadband service; iii. are
proof of submission. Paper submissions projects of current or former RUS
d. Mailing Addresses must be postmarked no later than borrowers (Title II borrowers); and iv.
Completed applications must be August 14, 2009, or hand-delivered no are fully funded and ready to start once
mailed, shipped, or sent overnight later than 5 p.m. ET on August 14, 2009. Recovery Act funding is received.
express to: Applications delivered by guaranteed Lastly, coordination with other federal,
carrier services will be considered state, and local programs, including
i. NTIA Recovery Act programs, is highly
postmarked on the date they are
Broadband Technology Opportunities submitted to the carrier. encouraged as a way to more efficiently
Program, National No application will be accepted after and effectively achieve program
Telecommunications and Information the submission date unless: 1. There objectives.
Administration, U.S. Department of was a carrier error and the carrier b. Project Purpose (25 Points)
Commerce, 1401 Constitution accepted the application for delivery
Avenue, NW., HCHB, Room 4812, prior to the submission deadline; or 2. i. Proportion of Rural Residents
Washington, DC 20230. there were significant weather delays or Served in Unserved Areas (5 points).
or hand-delivered to: natural disasters as declared by federal Points will be awarded for serving rural
or state authorities and the applicant residents located in unserved areas. For
Broadband Technology Opportunities every 10,000 unserved households that
Program, National submits proper documentation
will receive broadband service, one
Telecommunications and Information explaining the delay.
point will be awarded up to a maximum
Administration, U.S. Department of G. Material Representations of five points.
Commerce, HCHB, Room 1874, 1401 ii. Rural Area Targeting (5 points).
Constitution Avenue, NW.,
The application, including
certifications, and all forms submitted Points will be awarded for exceeding
Washington, DC 20230.
the 75 percent rural area service
Room 1874 is located at entrance #10
as part of the application will be treated
requirement. For every five percent
on 15th Street, NW., between as a material representation of fact upon
increase in the rural service area above
Pennsylvania and Constitution which RUS and NTIA will rely in
the 75 percent rural area service
Avenues. awarding grants.
requirement, one point will be awarded
United States Postal Service Priority H. Material Revisions up to a maximum of five points.
Mail, First Class Mail, and Parcel Post iii. Remote Area Targeting (5 points).
No material revision will be permitted
packages delivered to the Department of Up to five points will be awarded for
for any application after the submission
Commerce are irradiated. Irradiation proposed funded service areas that are
deadline, unless such revision is
could result in damage to the contents, at least 50 miles from a non-rural area.
requested by RUS and NTIA. RUS and
or delay the delivery of an application If at least one proposed funded service
NTIA, however, may request
to the BTOP Program Office. Thus, area is a minimum of 50 miles from a
clarifications or submissions for
applicants are encouraged to consider non-rural area, one point will be
completeness that are non-material.

the impact of these procedures in awarded. For each additional 50 miles
selecting their chosen method for VII. Application Review Information that at least one proposed funded
application delivery. service area is located away from a non-
A. Evaluation Criteria
rural area, one additional point will be
ii. RUS The scoring criteria used to review awarded up to a total of five points.
Broadband Initiatives Program, Rural and analyze BIP and BTOP applications iv. Title II Borrowers (5 points). Five
Utilities Service, U.S. Department of are grouped into four categories: 1. points will be awarded to applications
which are submitted by entities which iv. Critical community facilities (5 iii. Extent of grant funding (10
have borrowed under Title II of the RE points). For applications that are points). Up to ten points will be
Act. proposing to offer discounted rate awarded based on the amount of grants
v. Recovery Act and other packages at least 25 percent lower than funds requested in relation to the
governmental collaboration (5 points). the advertised rate packages to all amount of loan funds requested (grant
Points will be awarded for cooperation critical community facilities in the funds/loan funds):
with other governmental development proposed funded service area, five (1) 0 points if grant funds are 100%
programs as well as coordination with points will be awarded. (2) 1 point if this ratio is between
Recovery Act construction projects. 100% and 75%
Examples include the Department of d. Project Viability (25 Points) (3) 3 points if this ratio is between
Energy’s Smart Grid, Investment i. Applicant’s organizational 75% and 50%
Program, the Department of Housing capability (12 points). Up to twelve (4) 5 points if this ratio is lower than
and Urban Development’s Public points will be awarded based on the 50%
Housing Capital Fund, the Department strength of the project’s management (5) 10 points if this ratio is zero.
of Transportation’s Capital Assistance team. RUS will evaluate past 2. BTOP Broadband Infrastructure,
for High Speed Rail Corridors and performance and accomplishments and Public Computer Center, and
Intercity Passenger Service program, award points accordingly. Sustainable Broadband Adoption
and other investments where ii. Community support (2 points). Up Projects
collaboration would lead to greater to two points will be awarded if letters
project efficiencies. In each case, the of support are received from all a. General
applicant must convincingly communities in the proposed funded The evaluation criteria for BTOP
demonstrate that these leveraging efforts service area from the designated projects will be the same across the
are substantive and meaningful. One community leader. BTOP project categories except: i. Under
point will be awarded for each iii. Ability to promptly start project the Project Benefits section, different
partnered governmental or Recovery Act (10 points). Ten points will be awarded evaluation criteria and scoring
program that has demonstrated such a if the applicant can provide evidence methodologies are applied to each
partnership is substantive and that the following conditions have been project category; ii. the Technical
meaningful up to a maximum of five satisfied: Feasibility criterion under the Project
points. (1) All licenses, franchises and Viability heading is subdivided between
regulatory approvals required to operate Sustainable Broadband Adoption
c. Project Benefits (25 Points) the system and provide the proposed projects and all other BTOP project
i. Performance of the offered service services have been received; categories; and iii. the Sustainability
(10 points). For Last Mile Projects: For (2) That the required contractors and criterion under the Budget and
wireline projects that are constructed to vendors necessary to implement the Sustainability heading is similarly
deliver a minimum of 20 megabit per project are prepared to enter into subdivided between Sustainable
second service to the household contracts as soon as funds are made Broadband Adoption projects and all
(upstream plus downstream), ten points available;
other BTOP project categories. These
will be awarded. For wireless projects (3) That all required equity
variations are detailed in the
that are constructed to deliver a contributions have been transferred into
the applicant’s accounts; and descriptions of the evaluation criteria
minimum of two megabits per second below.
service to the end user (upstream plus (4) That the project timeline and
downstream), ten points will be milestones are reasonable. b. Project Purpose (30 Points)
awarded. For projects that are a iv. Disadvantaged small businesses (1
i. Fit with statutory purposes.
point). One point will be awarded to
combination of wireline and wireless Applications will be evaluated with
applicants that meet the definition of a
projects, both of the above standards respect to each of BTOP’s statutory
socially and economically
must be met for the corresponding parts purposes.39 Reviewers will consider,
disadvantaged small business concern
of the network in order to receive the relative to each purpose, whether the
under section 8(a) of the SBA.
ten points. For Middle Mile Projects: applicant is addressing a compelling
For middle mile projects that are e. Project Budget and Sustainability (25 problem of the sort that the statute is
constructed to deliver 100 megabits per Points) intended to resolve, whether the
second service to all end points in their i. Reasonableness of the budget (5 applicant has offered an effective
network, ten points will be awarded. points). Up to five points will be solution to that problem, and whether
ii. Affordability of services offered (5 awarded based on the clarity and the proposed solution is of broad
points). RUS will evaluate the level of reasonableness of the proposed budget. significance and includes developments
support that is provided and award up ii. Leverage of outside resources (10 that can be replicated to improve future
to five points for applications that points). Up to ten points will be projects. Additional consideration will
demonstrate that the proposed rates for awarded based on the amount of outside be given to projects located partially or
the broadband service are affordable for resources contributed to the total wholly unserved or underserved areas
the targeted audience. The stronger the financing provided under BIP:
level of support that is provided, the (1) 10 points if this ratio is greater 39 See Recovery Act § 6001(b), 123 Stat. at 512–
higher the number of points that will be than 100% 13 (to provide broadband access to unserved areas;
awarded. to provide improved broadband access to
(2) 7 points if this ratio is between
underserved areas; to provide broadband access,

iii. Choice of provider (5 points). Five 100% and 75% education, and support to community anchor
points will be awarded to applications (3) 5 points if this ratio is between institutions, or organizations and agencies serving
that propose to construct infrastructure 75% and 50% vulnerable populations, or job-creating strategic
and implement a business plan which (4) 3 points if this ratio is between facilities located in state- or federally designated
economic development areas; to improve access to,
would allow more than one provider to 50% and 25% and use of, broadband service by public safety
serve end users in the proposed funded (5) 1 point if this ratio is lower than agencies; and to stimulate the demand for
service area. 25%. broadband, economic growth, and job creation).
of a state as described by the state i. BTOP Broadband Infrastructure Last define the area that will directly benefit
submission in the State Broadband Data Mile Projects from the project, including the
and Development Grant Program or as (1) Cost-effectiveness. Applications community anchor institutions and end
otherwise determined by NTIA. will be scored on the project’s cost- users that may receive broadband
Additional consideration will also be efficiency based on the ratio of the total service through the proposed middle
given to applicants that address more cost of the project to households passed. mile network.
than one statutory purpose and project (1) Impact on the area. Applications
(2) Performance of the offered service.
category (e.g., Broadband Infrastructure, will be scored on how great an impact
Applications will be scored for the
Public Computer Centers, or Sustainable they would have on the area. Reviewers
extent to which the advertised speed for
Broadband Adoption) in a convincing will consider the number of end-points
the network’s highest offered speed tier
manner. and points of interconnection the
exceeds the minimum speed
ii. Recovery Act and other network will offer and the proposed
requirement for broadband service (768 connections to last mile networks,
governmental collaboration. Applicants
will be evaluated on their collaboration kbps downstream and 200 kbps community anchor institutions, or
with Recovery Act or other federal or upstream). Networks will be graded on public safety entities, as well as the
state development programs that a sliding scale with higher end-user projected number of new end users
leverage the impact of the proposed speeds receiving a higher score. served by those proposed connections.
project. Examples include the Proposed networks with high latency (2) Level of need in the area.
Department of Energy’s Smart Grid will be viewed unfavorably. Applicants Applications will be scored on the level
Investment Program, the Department of may gain additional consideration if the of need for a middle mile network in the
Housing and Urban Development’s applicant can demonstrate a clear and area. Reviewers will consider whether
Public Housing Capital Fund, the affordable upgrade path for the network. there are middle mile providers already
Department of Transportation’s Capital (3) Affordability of services offered. present in all or part of the area, as well
Assistance for High-Speed Rail Projects will be evaluated on the pricing as the pricing and available capacity of
Corridors and Intercity Passenger of the services offered compared to those providers. Reviewers will also
Service program, and other investments existing broadband services in the consider what proportion of the
where collaboration would lead to proposed funded service area. If there network’s end-points, points of
greater project efficiencies. In each case, are no existing broadband services in interconnection, and projected end
the applicant must convincingly the proposed funded service area, users are located in unserved or
demonstrate that these leveraging efforts projects will be evaluated on the ability underserved areas. In addition,
are substantive and meaningful. of the applicant to convincingly reviewers will also consider applicants’
iii. Enhanced service for health care demonstrate that their proposed pricing explanation of why their proposed
delivery, education, and children. is appropriate for the service area. project is well-suited to address the
Reviewers will assess the depth and (4) Nondiscrimination, needs of the area.
breadth of the project’s ability to interconnection, and choice of provider. (3) Network capacity. Applicants will
enhance broadband service for health Applications will be scored on the be evaluated on the capacity of the
care delivery, education, and children extent to which the applicant commits network. The network should provide
as contemplated by the Recovery Act.40 to exceeding the minimum requirements capacity sufficient to serve the
Projects would need to demonstrate that for interconnection and anticipated last mile networks,
they go beyond providing access to nondiscrimination established in community anchor institutions, and
broadband to include more robust section V.C.2.b. of this NOFA. public safety entities, and the number of
educational, health care, or related Additional consideration will be given end users served by them, as projected
broadband service delivery. for displaying the network’s by the applicant, taking into
iv. Socially and economically nondiscrimination and interconnection consideration the nature of the services
disadvantaged small businesses. policies in a prominent location on the that these institutions and end users are
Reviewers will grant consideration to service provider’s Web page, and likely to seek to utilize the network for.
applicants that certify they meet the providing notice to customers of Reviewers will give additional
statutory definition of a socially and changes to these policies. Additional consideration to projects that will be
economically disadvantaged small consideration will be given to scalable to meet the future needs of the
business concern, or that have applicants that commit to offering area.
established agreements in principle to wholesale access to the project facilities (4) Affordability of services offered.
contract with socially and economically at reasonable rates and terms. Projects will be evaluated on the pricing
disadvantaged businesses that meet that Additional consideration will also be of the services offered compared to
definition. given to applicants that commit to existing broadband services in the
binding private arbitration of disputes proposed funded service area. If there
c. Project Benefits (25 Points) concerning the awardees’ are no existing broadband services in
Reviewers will evaluate the various interconnection obligations as explained the proposed funded service area,
benefits that the proposed project will above in section V.C.2.b of this NOFA. projects will be evaluated on the ability
provide. This criterion will be focused Reviewers will also consider whether of the applicant to convincingly
primarily on measuring the benefits of the application proposes to construct demonstrate that their proposed pricing
the proposed project. Due to the broad infrastructure and implement a business for middle mile services is appropriate
scope of the three project categories and plan which would allow more than one for the proposed funded service area.
the expected diversity of proposed provider to serve end users in the (5) Nondiscrimination,
projects, the specific elements to be proposed funded service area. interconnection, and choice of provider.
evaluated under this heading vary from Applications will be scored on the
one project category to another, as ii. BTOP Broadband Infrastructure extent to which the applicant commits
described below. Middle Mile Projects to exceeding the minimum requirements
For purposes of evaluating BTOP for interconnection and
40 See id. § 6001(h)(2)(C), 123 Stat. at 515. Middle Mile projects, applicants should nondiscrimination established in
section V.C.2.b. of this NOFA. and other regular users the project will score for this criterion, at least one
Additional consideration will be given generate. Reviewers will take into partner should meet the definition of a
for displaying the network’s consideration both the overall number socially and economically
nondiscrimination and interconnection of new subscribers and users and the disadvantaged small business concern
policies in a prominent location on the proportion that these new subscribers under section 8(a) of the SBA—these
service provider’s web page, and and users represent of the number of partners must be distinct from any
providing notice to customers of non-subscribers and non-users in the contractor or related entity specified for
changes to these policies. Additional relevant area. the purposes of the socially
consideration will be given to (2) Cost per new user. Applications disadvantaged small businesses
applicants that commit to offering will be evaluated on the cost- criterion in Project Purpose. Applicants
wholesale access to network effectiveness of the program. Reviewers should demonstrate that each linkage is
components and services such as will consider cost per projected new substantial and meaningful.
wavelength or fibers at reasonable rates subscriber or other regular user, taking iv. Ability to promptly start project.
and terms. Additional consideration into account the applicant’s explanation Projects will be evaluated on whether
will also be given to applicants that of why the approach selected is a cost- they will be able to start promptly and
commit to binding private arbitration of effective approach given the particular be completed in an appropriate
disputes concerning the awardees’ circumstances of the project. timeframe for the size and scope of the
interconnection obligations as explained (3) Innovation. Applications will be project. Reviewers will consider the
above in section V.C.2.b of this NOFA. evaluated on the degree to which the planned start date of the project, the
Reviewers will also consider whether project demonstrates replicable new reasonableness of the project timeline
the application proposes to construct ideas, approaches, and methods to and associated milestones, whether the
infrastructure and implement a business encourage sustainable broadband applicant has secured all licenses,
plan which would allow more than one adoption. franchises, and regulatory approvals
provider to serve end users in the d. Project Viability (25 Points) required to complete the project, and
proposed funded service area. whether the required contractors and
i. The technical feasibility of the vendors necessary to implement the
iii. BTOP Public Computer Center proposed project. For BTOP Broadband project are prepared to enter into
Projects Infrastructure and Public Computer contracts as soon as the funds are made
(1) Availability to the public. Center projects: applications will be available.
Applications will be scored on the scored on the comprehensiveness and
availability of the computer center to appropriateness of the technical e. Project Budget and Sustainability (20
the public. Reviewers will consider the solution and the clarity, level of detail, Points)
capacity of the computer center, its and coherence of the system designs. In i. Reasonableness of the budget.
hours of availability, any membership or order to receive a full score, applicants Reviewers will evaluate the
usage fees charged, restrictions on must demonstrate that the project reasonableness of the budget based on
usage, the proportionality of the includes developments that will be its clarity, level of detail,
computer center’s capacity and hours of feasible in other situations. For comprehensiveness, appropriateness to
availability to the population the Sustainable Broadband Adoption the proposed technical and
applicant proposes to serve, public projects: reviewers will assess the programmatic solutions, the
outreach, and the computer center’s mechanics and operational details of the reasonableness of its costs, and whether
accessibility to persons with disabilities, project. Applicants will be scored on the the allocation of funds is sufficient to
accounting for both the physical clarity and detail of their project plan, complete the tasks outlined in the
accessibility of the facility and the how convincing the rationale behind the project plan.
accessibility of the computer equipment plan is, and whether they can ii. Sustainability of the project. For
and software. demonstrate that the plan includes BTOP Broadband Infrastructure and
(2) Training and educational innovative solutions that would be Public Computer Center projects:
programs offered. Applicants will be feasible in other situations. Applicants must convincingly
scored on the availability, accessibility, ii. Applicant’s organizational demonstrate the ability of the project to
and quality of training and educational capability. Reviewers will assess be sustained beyond the funding period.
programs offered through the computer whether the applicant has the Reviewers will consider business plans,
center. Reviewers will consider the organizational capability necessary to market projections, third-party funding
degree to which the programs meet the undertake and complete the project. commitments, and other data as may be
relevant needs of the community. Reviewers will consider the years of appropriate to the nature of the
(3) Availability and qualifications of experience and expertise of the project applicant and the proposed project. For
consulting and teaching staff. management team, and the past track Sustainable Broadband Adoption
Applications will be evaluated on the record of the organization with projects projects: Reviewers will consider both
strength of the consulting and teaching of a similar size and scope, as well as whether the project will be sustained
staff at the computer center. Reviewers the organization’s capacity and beyond the funding period and whether
will consider the qualifications and readiness. the increases in broadband adoption
training required of such staff as well as iii. The level of community rates in the project area caused by the
whether the number of available staff is involvement in the project. Reviewers project will be sustained beyond the
sufficient for the capacity of the will evaluate linkages to unaffiliated conclusion of the project.
computer center. organizations in the project area (from iii. Leverage of outside resources. The
the public, non-profit, and private applicant must demonstrate the ability
iv. BTOP Sustainable Broadband sectors), particularly community anchor to provide, from non-federal sources,
Adoption institutions and public safety funds required to meet or exceed the 20
(1) Number of new users. organizations, as an ongoing and percent matching funds requirement
Applications will be scored on the integral part of the project planning and unless a waiver of that requirement has
number of new broadband subscribers operation. In order to receive the full been requested. Reviewers will give
additional consideration to proposals schedule the closings within 60 days of procedures stipulated in the award
that exceed the minimum matching award announcement. documents. Loan/grant combination
requirement, provide cash matches, or funds are advanced in proportion to the
C. BTOP Grants
receive matching funds from acceptable amount of the award made in the form
federal sources as described in section NTIA intends to make award of loans and grants. Remote areas
V.C.4.b of this NOFA. For purposes of documents available to successful project grant funds are advanced
this evaluation, applicants that have applicants within 30 days of the award independent of the loan/grant
received a full or partial waiver of the announcement. NTIA expects combination funds.
cost-matching requirement will be compliance with all documentation d. Contracting. Contracting is to be
treated as having provided a 20 percent requirements from successful applicants done at the awardee’s discretion, using
non-cash match. within 60 days of award announcement. private contracts or RUS’s form
IX. Award Administration Information contracts, however equal employment
B. Notice of Proposed Funded Service opportunity, civil rights, etc.
Areas A. Award Notices requirements must still be met.
RUS and NTIA will post a Public 1. BIP e. Accounting, Monitoring, and
Notice of the proposed funded service Reporting Requirements. Awardees
Successful applicants will receive must follow RUS’s accounting,
areas of each Broadband Infrastructure award documents from RUS following
application at http:// monitoring, and reporting requirements.
award notification. Applicants may These requirements, which are specified
www.broadbandusa.gov for a 30-day view sample documents on BIP at
period. The Public Notice will provide in the award documents, include, but
http://www.broadbandusa.gov. are not limited to, the following:
existing service providers an
opportunity to submit to the agencies 2. BTOP i. Awardees must adopt a GAAP
information regarding their service system of accounts acceptable to RUS;
Applicants will be notified in writing ii. Awardees must submit annual
offerings. If an existing service provider by the DOC’s Grants Officer if their audited financial statements along with
submits a response outside the applications are selected for an award. a report on compliance and on internal
timeframe specified in this NOFA, it If the application is selected for funding,
control over financial reporting, and a
will not be considered an existing the DOC’s Grants Officer will issue the
management letter in accordance with
service provider for determining grant award (Form CD–450), which is
the requirements of 7 CFR 1773. The
whether the applicant’s service area is the authorizing financial assistance
CPA conducting the annual audit is
eligible, but will still be considered with award document. By signing the Form
selected by the awardee and must be
respect to the agencies’ other applicable CD–450, the awardee agrees to comply
approved by RUS as set forth in 7 CFR
eligibility requirements. The with all award provisions. NTIA will
§ 1773.4;
information submitted by an existing provide the Form CD–450 by mail or iii. Awardees must submit to RUS the
service provider will be treated as overnight delivery to the appropriate information as specified in section
proprietary and confidential to the business office of the recipient’s IX.D.2;
extent permitted under applicable law. organization. The awardee must sign iv. Awardees must comply with all
If the information submitted by an and return the Form CD–450 without reasonable RUS requests to support
existing service provider demonstrates modification within 30 days of receipt. ongoing monitoring efforts. The awardee
that the applicant’s proposed funded If an applicant is awarded funding, shall afford RUS, through its
service area is not unserved, both RUS neither the DOC nor NTIA is under any representatives and representatives of
and NTIA reserve the right to reclassify obligation to provide any additional the USDA Office of Inspector General
the application and consider the future funding in connection with that reasonable opportunity, at all times
proposed area as underserved if the award or to make any future award(s). during business hours and upon prior
application meets the criteria in the Amendment or renewal of an award to notice, to have access to and the right
underserved definition. If the increase funding or to extend the period to inspect the broadband system, and
information submitted by an existing of performance is at the discretion of the any other property encumbered by the
service provider establishes that the DOC and of NTIA. mortgage or security agreement, and any
applicant’s proposed funded service B. Administrative Requirements or all books, records, accounts, invoices,
area is not underserved, both RUS and contracts, leases, payrolls, timesheets,
NTIA may reject the application. 1. BIP
cancelled checks, statements, and other
a. Pre-award Conditions. No funds documents, electronic or paper of every
VIII. Anticipated Announcement and
will be disbursed under this program kind belonging to or in the possession
Award Dates
until all other sources of funding have of the awardee or in any way pertaining
A. Announcement Date been obtained and any other pre-award to its property or business, including its
conditions have been met. Failure to subsidiaries, if any, and to make copies
RUS and NTIA intend to announce obtain one or more sources of funding or extracts therefrom.
the awards starting on or about committed to in the application or to f. Assistance Instruments.
November 7, 2009. fulfill any other pre-award condition i. Terms and conditions of loan/grant
B. RUS Loan and Grant Document within 30 days of award announcement combinations are set forth in the non-
Distribution Date will result in withdrawal of the award. negotiable standard loan/grant contract,
b. Failure To Comply With Award note, and/or mortgage found at http://
RUS intends to make grant, loan, and Requirements. If an awardee fails to www.broadbandusa.gov.
loan/grant combination documents comply with the terms of the award as ii. Terms and conditions of loans are
available to successful applicants within specified in the award documents, RUS set forth in the non-negotiable standard
30 days of the award announcement. may exercise rights and remedies. loan contract, note, and/or mortgage
RUS expects compliance with all c. Advance Procedures. RUS loan and found at http://www.broadbandusa.gov.
documentation requirements from grant advances are made at the request iii. Terms of the remote area end-user
successful applicants, and intends to of the awardee according to the grant are set forth in a nonnegotiable
grant agreement found at http:// purchased with the loan or loan/grant 3. For BTOP Only, Access to Records for
www.broadbandusa.gov. funds. RUS may share its first lien Audits, Site Visits, Monitoring and Law
iv. Loan and grant documents position with one or more lenders on a Enforcement Purposes
appropriate to the project must be pari passu basis if security The Inspector General of the DOC, or
executed prior to any advance of funds. arrangements are acceptable to RUS. any of his or her duly authorized
v. Sample loan documents and grant representatives, and NTIA
agreements can be found at http:// (3) Unless otherwise approved by the
RUS, all property purchased with award representatives, or any of their duly
www.broadbandusa.gov. authorized representatives, shall have
g. Loan Terms and Conditions. For funds must be owned by the awardee.
access to and the right to inspect the
loan/grant combinations, applicants (4) In the case of awards that include broadband system and any other
must indicate the amount of the award financing of facilities that do not property funded by the grant, any and
to be requested in the form of a loan, constitute self-contained operating all books, records, accounts, invoices,
and the amount to be requested in the systems, the applicant shall furnish contracts, leases, payrolls, time sheets,
form of a grant. The grant component assurance, satisfactory to RUS, that canceled checks, statements, and other
must not exceed the loan component. continuous and efficient service at the documents, papers and records of the
The scoring criteria reward those broadband funding speed will be parties to a grant, including their
applicants that reduce the percentage of rendered. subsidiaries, if any, whether written,
the funds requested in the form of a printed, recorded, produced, or
grant. Applicants may request a 100 2. BTOP
reproduced by any electronic,
percent loan. The following terms shall mechanical, magnetic or other process
Administrative and national policy
apply to the loans, as well as other or medium, in order to make audits,
requirements for BTOP grant funding,
terms that are specified in the loan inspections, site visits, excerpts,
inter alia, are contained in the Pre-
documents: transcripts, copies, or other
i. Interest rate. Loans shall bear Award Notification Requirements for
Grants and Cooperative Agreements examinations as authorized by law. An
interest at a rate equal to the cost of audit of an award may be conducted at
borrowing to the Department of (DOC Pre-Award Notification),
published in the Federal Register on any time.41
Treasury for obligations of comparable
maturity. The applicable interest rate February 11, 2008 (73 FR 7696), as 4. Broadband Data Collection
will be set at the time of each advance. amended. All BTOP applicants are
All BTOP Broadband Infrastructure
ii. Repayment period. Unless the required to comply with all applicable
awardees that offer Internet access
applicant requests a shorter repayment provisions set forth in the DOC Pre- service to the public for a fee must agree
period, broadband loans must be repaid Award Notification. to participate in the State Broadband
with interest within a period that, C. Award Terms and Conditions Data and Development Grant Program
rounded to the nearest whole year, is pursuant to the BDIA and section
equal to the expected Composite 1. Scope 6001(l) of the Recovery Act. With
Economic Life of the assets to be respect to BIP awardees, RUS will
financed, as determined by RUS based Awardees, including all contractors
provide to NTIA data supplied by
upon acceptable depreciation rates. and subcontractors, are required to awardees to support the development of
iii. Amortization period. Interest comply with the obligations set forth in the broadband mapping project
begins accruing on the date of each loan the Recovery Act and the requirements conducted pursuant to section 6001(l) of
advance and interest payments are due established herein. Any obligation that the Recovery Act. This data would
monthly. Upon completion of the build- applies to the awardee shall extend for include:
out, or a date certain that is determined the life of the award-funded facilities. a. The availability of broadband
at closing, whichever occurs first, service within service area. For
2. Sale or Lease of Project Assets
monthly principal payments will be wireline-based systems, the form of the
established in an amount that amortizes The sale or lease of any portion of the broadband (e.g., DSL) and the advertised
the outstanding balance over the award-funded broadband facilities speeds up and down available within
remaining term of the loan. during their life is prohibited, except as the service area and the number of
iv. Fidelity bonding. Applicants must provided herein. The agencies may residents, small businesses, large
agree to obtain a fidelity bond for 15 approve a sale or lease if it is: a. For businesses, and public facilities. For
percent of the loan amount. The fidelity adequate consideration; b. the purchaser wireless-based systems, the advertised
bond must be obtained as a condition of or lessee agrees to fulfill the terms and and typical speeds up and down within
loan closing. RUS may reduce the conditions relating to the project after the wireless’ carriers license area, and
percentage required if it determines that the spectrum on which it’s provided.
such sale or lease; and c. either: i. the
15 percent is not commensurate with b. The residential average revenue per
sale or lease is set forth in the original
the risk involved. user.
v. Security. The loan portion of the application and is part of the applicant’s c. The first point of aggregation for
award must be adequately secured, as proposal for funds; or ii. the agencies last mile connection points (e.g., remote
determined by RUS. waive this provision for any sale or terminals or cable headends).
(1) The loan and loan/grant lease occurring after the tenth year from d. Middle mile interconnection
combination must be secured by the the date of issuance of the grant, loan or points.
assets purchased with the loan or loan/ loan/grant award. Awardees are e. A list of community anchor
grant funds, as well as all other assets required to notify the agencies in the institutions to which service is
of the applicant and any other signer of event of a proposed transfer of award- provided.
the loan documents that are available to funded facilities. Nothing in this section
be pledged to RUS. is meant to limit Broadband 41 Note that section 1515 of the Recovery Act also
(2) RUS must be given an exclusive Infrastructure awardees from leasing authorizes the Inspector General to examine records
and interview officers and employees of the grantee
first lien, in form and substance facilities to another service provider for and other entities regarding the award of funds. See
satisfactory to RUS, on all of the assets the provision of broadband services. Recovery Act § 1515, 123 Stat. at 289.
5. Certifications Recovery Act funds are combined with the end of three years. The final report
a. The applicant must certify that he other funds to fund or complete projects should summarize the awardee’s
or she is authorized to submit the and activities, Recovery Act funds must quarterly filings and state whether the
application on behalf of the eligible be accounted for separately from other project’s goals have been satisfied.
entity(ies) listed on the application, that funds and reported to RUS or NTIA or Pursuant to OMB Guidelines, reports
the applicant has examined the any federal Web site established for should be submitted electronically to
application, that all of the information Recovery Act reporting purposes. http://www.federalreporting.gov. If the
in the application, including Moreover, recipients of funds under this awardee fails to submit an acceptable
certifications and forms submitted, all of NOFA must also comply with the quarterly report or audited financial
which are part of the application, are accounting requirements as established statement within the timeframe
material representations of fact and true or referred to in this NOFA. designated in the grant or loan award,
and correct to the best of his or her b. Required Data Elements the agencies may suspend further
knowledge, that the entity(ies) that is payments until the awardee complies
The awardee and each contractor with the reporting requirements.
requesting funding pursuant to the
engaged by the awardee must submit the Additional information regarding
application and any subawardees will
following information to the relevant reporting requirements will be specified
comply with the terms, conditions,
agency: at the time the award is issued.
purposes, and federal requirements of i. The total amount of Recovery Act
the program; that no kickbacks were funds received; 2. BIP-Specific Reporting Requirements
paid to anyone; and that a false, ii. The amount of Recovery Act funds
fictitious, or fradulent statements or In addition to the general Recovery
received that were expended or Act reporting requirements, BIP
claims on this application is grounds for obligated to projects or activities;
denial or termination of an award, and/ awardees shall also report on the
iii. A detailed list of all projects or
or possible punishment by a fine or information requested below.
activities for which Recovery Act funds
imprisonment as provided in 18 U.S.C. were expended or obligated, including: a. Awardees must submit to RUS 30
1001 and civil violations of the False (1) The name of the project or activity; calendar days after the end of each
Claims Act (31 U.S.C. 3729 et seq.); (2) a description of the project or calendar year quarter, balance sheets,
b. The applicant certifies that the activity; (3) an evaluation of the income statements, statements of cash
entity(ies) he or she represents have and completion status of the project or flow, rate package summaries, and the
will comply with all applicable Federal, activity; (4) an estimate of the number number of customers taking broadband
state, and local laws, rules, regulations, of jobs created and the number of jobs service on a per community basis
ordinances, codes, orders, and retained by the project or activity; and utilizing RUS’s Broadband Collection
programmatic rules and requirements (5) for infrastructure investments made and Analysis System (BCAS). BCAS is
relating to the project.42 The applicant by state and local governments, the an electronic reporting system that is
acknowledges that failure to do so may purpose, total cost, and rationale of the accessed through the Internet.
result in rejection or deobligation of the agency for funding the infrastructure b. Annually on January 31, starting
award. The applicant acknowledges that investment with Recovery Act funds, the first January 31 after completion of
failure to comply with all federal and and name of the person to contact at the the project, awardees must submit to
program rules could result in civil or agency if there are concerns with the RUS, using the electronic reporting
criminal prosecution by the appropriate infrastructure investment; and system provided by RUS:
law enforcement authorities; iv. Detailed information on any i. Number of households and
c. If requesting BTOP funding, the subcontracts or subgrants awarded by businesses subscribing to broadband
applicant certifies that the entity(ies) he the awardee to include the data service;
or she represents has and will comply elements required to comply with the ii. Number of households and
with all applicable administrative and Federal Funding Accountability and businesses subscribing to broadband
federal statutory, regulatory, and policy Transparency Act of 2006 (Pub. L. 109– service that receive improved access;
requirements set forth in the DOC Pre- 282, 120 Stat. 1186 (to be codified at 31 and
Award Notification; DOC Financial U.S.C. § 6101 note)), allowing aggregate iii. Number of educational, library,
Assistance Standard Terms and reporting on awards below $25,000 or to health care, and public safety providers
Conditions (Mar. 8, 2009); DOC individuals.44 receiving either new or improved access
American Recovery and Reinvestment Awardees that must report to broadband service.
Act Award Terms (Apr. 9, 2009); and information according to paragraph (iv) c. Awardee shall specifically state in
any Special Award Terms and above (re: subcontracts or subgrants) the applicable quarter when they have
Conditions that are included by the must register with the CCR database received 67 percent of the award funds.
Grants Officer in the award. (http://www.ccr.gov/) or complete other Reaching this threshold will indicate
D. Reporting Requirements registration requirements as determined that the awardee has substantially
by the Director of OMB. completed its project.
1. General Recovery Act Requirements
c. Reporting Deadlines 3. BTOP-Specific Reporting
a. OMB Reporting Requirements Requirements
Implementing the Recovery Act Recovery Act reports are due to the
agencies ten days after the quarter in In addition to the general Recovery
Any grant, loan, or loan/grant which the award was issued ends and, Act reporting requirements, BTOP
combination awarded under this NOFA
unless otherwise noted, each quarter awardees must also report quarterly on
shall be subject to the applicable thereafter until a final report is made at the information requested below.45 The
statutes and regulations regarding
information requested will vary
reporting on Recovery Act funds.43 If 18449 (Apr. 23, 2009); Implementing Guidance for depending on the type of project being
Reports on Use of Funds Pursuant to the American
42See Recovery Act § 6001(e)(4), 123 Stat. at 514. Recovery and Reinvestment Act of 2009 (OMB M–
funded.
43 See,
e.g., 2 CFR pt. 176; OMB, Interim Final 09–21 June 22, 2009).
Guidance for Federal Financial Assistance, 74 FR 44 Recovery Act § 1512(c), 123 Stat. at 287. 45 See id. § 6001(i)(2), 123 Stat. at 515.
a. All BTOP Awardees xiii. Advertised and averaged C. Third Party Beneficiaries
All BTOP awardees must report on: broadband speeds; and The BTOP is a discretionary grant
i. Their progress in achieving the xiv. The price of the broadband program that is not intended to and does
project goals, objectives, and milestones services. not create any rights enforceable by
as set forth in its application; c. Public Computer Center Awardees third party beneficiaries.
ii. Expenditure of grant funds and D. Limitation on Expenditures
how much of the award remains; Awardees receiving Public Computer
iii. How much non-federal investment Center grants must report on: The Recovery Act imposes an
is being added to complete the project; i. The number of work stations additional limitation on the use of funds
iv. Whether the awardee is on available to the public; expended or obligated from
schedule to substantially complete its ii. The total hours of operation per appropriations made pursuant to its
projects within two years of the award week that the public computer center is provisions. Specifically, for purposes of
and complete its project within three open; this NOFA, none of the funds
years of the award; iii. The speed of broadband to the appropriated or otherwise made
v. The number and type of entities (as public computer center; available under the Recovery Act may
set forth in section 6001(b)(3) and (4) of iv. The primary uses of the public be used by any state or local
the Recovery Act) receiving new access computer center; government, or any private entity, for
to broadband services; and v. The average number of users per any casino or other gambling
vi. The number and type of entities day in the public computer center; establishment, aquarium, zoo, golf
(as set forth in section 6001(b)(3) and (4) course, or swimming pool.47
vi. The total hours per week of
of the Recovery Act) receiving improved training provided at the public E. Recovery Act Logo
access to broadband services. computer center; and All projects that are funded by the
Awardees shall specifically state in vii. the number and cost of any Recovery Act shall display signage that
the applicable quarter when they have broadband equipment deployed. features the Primary Emblem
met 67 percent of their milestones and throughout the construction phase. The
received 67 percent of their award d. Sustainable Broadband Adoption
Awardees signage should be displayed in a
funds. Reaching these thresholds will prominent location on site. Some
indicate that the awardees have Awardees receiving Sustainable exclusions may apply. The Primary
‘‘substantially completed’’ their projects Broadband Adoption grants must report Emblem should not be displayed at a
consistent with the Recovery Act.46 on: size less than six inches in diameter.
b. BTOP Broadband Infrastructure i. The technology being fostered;
ii. Efforts to aggregate demand for F. Environmental and National Historic
Awardees Preservation Requirements
each location, including the role of the
Awardees receiving Last Mile or local community; Awarding agencies are required to
Middle Mile Broadband Infrastructure iii. The increase in the number of analyze the potential environmental
grants must report, for each specific households, businesses, and community impacts, as required by the NEPA and
BTOP project, on the following: anchor institutions subscribing to the NHPA for applicant projects or
i. The terms of any interconnection broadband service; proposals seeking Recovery Act
agreements entered into during the iv. The number and type of awareness funding. All applicants are required to
reporting period; campaigns provided, including the total complete the Environmental
ii. Traffic exchange relationships (e.g., number individuals reached; and Questionnaire under the description of
peering) and terms; program activities and to submit all
v. The number and cost of any
iii. Broadband equipment purchases; other required environmental
broadband customer premises
iv. Total and peak utilization of access documentation during step two of the
equipment or end-user devices
links; application process.
deployed.
v. Total and peak utilization on It is the applicant’s responsibility to
interconnection links to other networks; X. Other Information obtain all necessary federal, state, and
vi. Internet protocol address local governmental permits and
A. Funding Rounds
utilization and IPv6 implementation; approvals necessary for the proposed
vii. Any changes or updates to their Both agencies envision this as the first work to be conducted. Applicants are
network management practices; of three funding rounds. Subsequent expected to design their projects so that
viii. Average end-user and middle rounds will be developed in part based they minimize the potential for adverse
mile megabit per second increase; on each agency’s experience with this impacts to the environment. Applicants
ix. Availability of their broadband NOFA. While the fundamental nature of also will be required to cooperate with
offering (including the technology used, subsequent NOFAs is expected to the granting agencies in identifying
location of infrastructure, area served, remain similar, some additional feasible measures to reduce or avoid any
and the number of households passed); targeting is anticipated. Potential identified adverse environmental
x. The total number of households applicants are urged to begin planning impacts of their proposed projects. The
and businesses subscribing to now in anticipation of future funding failure to do so may be grounds for not
broadband service; availability. making an award.
xi. The number of households and Applications will be reviewed to
B. Discretionary Awards
businesses subscribing to new ensure that they contain sufficient
broadband service; The government is not obligated to information to allow agency staff to
xii. The number of households and make any award as a result of this conduct a NEPA analysis so that
businesses subscribing to broadband announcement, and will fund only appropriate NEPA documentation can
service that receive improved access; projects that are deemed likely to be submitted to the agencies, along with
achieve the program’s goals and for
46 Id. § 6001(d)(3), 123 Stat. at 513. which funds are available. 47 Id. § 1604, 123 Stat. at 303.
the recommendation for funding of the insufficient level of performance, or chief executive accepts responsibility
selected applications. Applicants wasteful or fraudulent spending, and that the infrastructure investment is an
proposing activities that cannot be award these funds competitively to new appropriate use of taxpayer dollars. This
covered by existing environmental or existing applicants. certification must include a description
compliance procedures will be informed of the investment, the estimated total
J. Confidentiality of Applicant
after the technical review stage whether cost, and the amount of funds to be
Information
NEPA compliance and other used, and must be posted on the
environmental requirements can Applicants are encouraged to identify recipient’s Web site and linked to
otherwise be expeditiously met so that and label any confidential and http://www.recovery.gov. A state or local
a project can proceed within the proprietary information contained in agency may not receive infrastructure
timeframes anticipated under the their applications. The agencies will investment funding from funds made
Recovery Act. protect confidential and proprietary available under the Recovery Act unless
If additional information is required information from public disclosure to this certification is made and posted.51
after an application is accepted for the fullest extent authorized by
applicable law, including the Freedom N. Waiver Authority
funding, funds can be withheld by the
agencies under a special award of Information Act, as amended (5 It is the general intent of NTIA not to
condition requiring the awardee to U.S.C. 552), the Trade Secrets Act, as waive any of the provisions set forth in
submit additional environmental amended (18 U.S.C. 1905), and the this NOFA. However, under
compliance information sufficient for Economic Espionage Act of 1996 (18 extraordinary circumstances and when
the agency to make an assessment of any U.S.C. 1831 et seq.). Applicants should it is in the best interest of the federal
impacts that a project may have on the be aware, however, that the Recovery government, NTIA, upon its own
environment. Act requires substantial transparency. initiative or when requested, may waive
For example, RUS and NTIA are the provisions in this NOFA. Waivers
G. Davis-Bacon Wage Requirements required to make publicly available on may only be granted for requirements
Pursuant to section 1606 of the the Internet a list of each entity that has that are discretionary and not mandated
Recovery Act, any project using applied for a grant, a description of each by statute or other applicable law. Any
Recovery Act funds requires the application, the status of each request for a waiver must set forth the
payment of not less than the prevailing application, the name of each entity extraordinary circumstances for the
wages for ‘‘all laborers and mechanics receiving funds, the purpose for which request and be included in the
employed by contractors and the entity is receiving the funds, each application or sent to the address
subcontractors on projects funded quarterly report, and other provided in section VI.E.
directly by or assisted in whole or in information.50 O. Compliance With Applicable Laws
part by and through the Federal
K. Policy on Sectarian Activities Any recipient of funds under this
Government.’’ 48
NTIA encourages applications from NOFA shall be required to comply with
H. Financial and Audit Requirements faith-based organizations. On December all applicable federal and state laws,
To maximize the transparency and 22, 1995, NTIA issued a Notice in the including but not limited to: i. The
accountability of funds authorized Federal Register on its policy with nondiscrimination and equal
under the Recovery Act, all applicants regard to sectarian activities. Under employment opportunity requirements
are required to comply with the NTIA’s policy, while religious activities of Title VI of the Civil Rights Act of
applicable regulations set forth in cannot be the essential thrust of a grant, 1964, as amended (42 U.S.C. 2000e et
an application will be eligible for a grant seq., 7 CFR pt. 15); ii. section 504 of the
OMB’s Interim Final Guidance for
under this program where sectarian Rehabilitation Act (29 U.S.C. 794 et seq.;
Federal Financial Assistance.49
Recipients that expend $500,000 or activities are only incidental or 7 CFR pt. 15b); iii. The Age
more of federal funds during their fiscal attenuated to the overall project purpose Discrimination Act of 1975, as amended
year are required to submit an for which funding is requested. (42 U.S.C. 6101 et seq.; 45 CFR pt. 90);
organization-wide financial and Applicants for whom this policy may be iv. Executive Order 11375, amending
compliance audit report. The audit must relevant can access it through the Executive Order 11246, Relating to
be performed in accordance with the Federal Register at 60 FR 66491 (Dec. Equal Employment Opportunity (3 CFR
U.S. General Accountability Office, 22, 1995). pt. 102). See 7 CFR pts. 15 and 15b and
Government Auditing Standards, 45 CFR pt. 90, RUS Bulletin 1790–1
L. Disposition of Unsuccessful (‘‘Nondiscrimination among
located at http://www.gao.gov/govaud/ Applications
ybk01.htm, and OMB Circular A–133, Beneficiaries of RUS Programs’’), and
Audits of States, Local Governments, Applications accepted for review for RUS Bulletin 20–15:320–15 (‘‘Equal
and Non-Profit Organizations, located at the Fiscal Year 2009 BIP and BTOP Employment Opportunity in
http://www.whitehouse.gov/omb/ programs will be retained for two years, Construction Financed with RUS
circulars/a133/a133.html. Awardees are after which they will be destroyed. Loans’’). The RUS Bulletins are
responsible for ensuring that sub- available at http://
M. State Certifications www.broadbandusa.gov.; v. The
recipient audit reports are received and
for resolving any audit findings. With respect to funds made available Architectural Barriers Act of 1968, as
under the Recovery Act to state or local amended (42 U.S.C. 4151 et seq.); vi.
I. Deobligation governments for infrastructure The Uniform Federal Accessibility
The RUS and NTIA reserve the right investments, the governor, mayor, or Standards (UFAS) (Appendix A to 41
to deobligate awards to recipients under other chief executive, as appropriate, CFR subpart 101–19.6); and vii. The
this NOFA that demonstrate an must certify that the infrastructure Council on Environmental Quality
investment has received the full review Regulations for Implementing the
48 Id.
§ 1606, 123 Stat. at 303. and vetting required by law and that the Procedural Provisions of NEPA and
49 SeeOMB, Interim Final Guidance for Federal
Financial Assistance, 74 FR 18449 (Apr. 23, 2009). 50 See Recovery Act § 6001(i)(5), 123 Stat. at 515. 51 See id. §§ 1511, 1526, 123 Stat. at 287, 293.
certain related federal environmental Section 176.170 Notice of Required proposals, the applicant may submit an
laws, statutes, regulations, and Use of American Iron, Steel, and alternate proposal based on use of
Executive Orders found in 7 CFR 1794. Manufactured Goods (Covered Under equivalent domestic or designated
A more complete list of such International Agreements)—Section country iron, steel, and/or manufactured
requirements can be found in the 1605 of the American Recovery and goods.
applicable grant agreement or loan Reinvestment Act of 2009 (2) If an alternate proposal is
contract. When requesting applications or submitted, the applicant shall submit a
proposals for Recovery Act programs or separate cost comparison table prepared
P. Communications Laws in accordance with paragraphs 2 CFR
activities that may involve construction,
alteration, maintenance, or repair of a 176.160(c) and (d) for the proposal that
Awardees, and in particular, is based on the use of any foreign iron,
Broadband Infrastructure awardees, will public building or public work, and
involve iron, steel, and/or manufactured steel, and/or manufactured goods for
be required to comply with all which the Federal Government has not
applicable federal and state goods covered under international
agreements, the agency shall use the yet determined an exception applies.
communications laws and regulation as (3) If the Federal Government
applicable, including, for example, the notice described in the following
determines that a particular exception
Communications Act of 1934, as paragraphs in the solicitation:
requested in accordance with 2 CFR
(a) Definitions. Designated country
amended (47 U.S.C. 151 et seq.), the 176.160(b) does not apply, the Federal
iron, steel, and/or manufactured goods,
Telecommunications Act of 1996, as Government will evaluate only those
foreign iron, steel, and/or manufactured
amended (Pub. L. 104–104, 110 Stat. 56 proposals based on use of the equivalent
good, manufactured good, public
(1996), and the Communications domestic or designated country iron,
building and public work, and steel, as
Assistance for Law Enforcement Act (47 steel, and/or manufactured goods, and
used in this provision, are defined in 2
U.S.C. 1001 et seq.) (CALEA). For the applicant shall be required to
CFR 176.160(a).
further information, see http:// furnish such domestic or designated
(b) Requests for determinations of
www.fcc.gov. country items.
inapplicability. A prospective applicant
Q. Buy American Notice requesting a determination regarding the R. Executive Order 12866
inapplicability of section 1605 of the This notice has been determined to be
1. General Prohibition and Waiver American Recovery and Reinvestment ‘‘economically significant’’ under
Act of 2009 (Pub. L. 111–5) (Recovery Executive Order 12866. The Recovery
None of the funds appropriated or Act) should submit the request to the
otherwise made available by the Act appropriates $4.7 billion to NTIA
award official in time to allow a for broadband grants and other
Recovery Act may be used for the determination before submission of purposes. The Recovery Act also
construction, alteration, maintenance, or applications or proposals. The appropriates $2.5 billion to RUS for
repair of a public building or public prospective applicant shall include the broadband grants and loans. Awards
work (as such terms are defined in 2 information and applicable supporting must be made no later than September
CFR 176.140) unless all of the iron, data required by 2 CFR 176.160(c) and 30, 2010. In accordance with Executive
steel, and manufacturing goods used in (d) in the request. If an applicant has not Order 12866, an economic analysis was
the project are produced in the United requested a determination regarding the completed outlining the costs and
States.52 On July 1, 2009, the inapplicability of section 1605 of the benefits of implementing each of these
Department of Agriculture and the Recovery Act before submitting its programs. The complete analyses are
Department of Commerce published application or proposal, or has not available from RUS and NTIA,
notices in the Federal Register stating received a response to a previous respectively, upon request.
that the Secretary of Agriculture and request, the applicant shall include the
Secretary of Commerce have separately information and supporting data in the S. Executive Order 13132
reached conclusions that applying the application or proposal. It has been determined that this notice
Buy American provision for the use of (c) Evaluation of project proposals. If does not contain policies with
certain broadband equipment in public the Federal Government determines that federalism implications as that term is
BIP and BTOP projects would be an exception based on unreasonable defined in Executive Order 13132.
cost of domestic iron, steel, and/or
inconsistent with the public interest. T. Administrative Procedure Act
manufactured goods applies, the Federal
As explained below, to the extent that Government will evaluate a project Statement
an applicant wishes to use broadband requesting exception to the This NOFA is being issued without
equipment or goods that are not covered requirements of section 1605 of the advance rulemaking or public comment.
by the Secretaries’ waivers, it may seek Recovery Act by adding to the estimated The Administrative Procedure Act of
an additional waiver on a case-by-case total cost of the project 25 percent of the 1946, as amended (5 U.S.C. 553) (APA),
basis as part of its application for project cost if foreign iron, steel, or has several exemptions to rulemaking
Recovery Act funds. manufactured goods are used based on requirements. Among them is an
unreasonable cost of comparable exemption for ‘‘good cause’’ found at 5
2. OMB Buy American Notice domestic iron, steel, or manufactured U.S.C. 553(b)(B), which allows effective
Requirement goods. government action without rulemaking
Pursuant to OMB guidance on the (d) Alternate project proposals. procedures where withholding the
(1) When a project proposal includes action would be ‘‘impracticable,

Recovery Act,53 RUS and NTIA are
foreign iron, steel, and/or manufactured unnecessary, or contrary to the public
required to provide the following notice:
goods, other than designated country interest.’’
iron, steel, and/or manufactured goods, USDA and the DOC have determined,
that are not listed by the Federal consistent with the APA that making
52 Id. § 1605, 123 Stat. at 303.
Government in this Buy American these funds available under this NOFA
53 See 2 CFR pt. 176.
notice in the request for applications or for broadband development, as
mandated by the Recovery Act, is in the statutory requirements of the Recovery The collection of information is vital
public interest. Given the emergency Act. to RUS and NTIA to ensure compliance
nature of the Recovery Act and the Thus, RUS and NTIA find good cause with the provisions of this Notice and
extremely short time period within under 5 U.S.C. 808(2) that prior notice to fulfill the requirements of the
which all funds must be obligated, and public procedure are impracticable, Recovery Act. In summary, the
withholding this NOFA to provide for unnecessary, and contrary to the public collection of information is necessary in
public notice and comment would interest. To the extent that RUS and order to implement this program.
unduly delay the provision of benefits NTIA provided a 60-day delay in The following estimates are based on
associated with these broadband effectiveness pursuant to the the average over the first three years the
initiatives and be contrary to the public Congressional Review Act, the agencies program is in place.
interest. would not be able to execute the BIP Infrastructure:
For the same reasons, the agencies statutory duties required by the Estimate of Burden: Public reporting
find good cause under 5 U.S.C. 553(d)(3) Recovery Act in a timely manner. This burden for this collection of information
to waive the 30-day delay in finding is consistent with the objectives is estimated to average 116 hours per
effectiveness for this action. Because of the Recovery Act, which specifically response.
notice and opportunity for comment are provides clear preferences for rapid Respondents: Business or other for
not required pursuant to 5 U.S.C. agency action and quick-start activities profits; Not-for-profit institutions; and
553(d)(3) or any other law, the designed to spur job creation and State, local, and Tribal.
analytical requirements of the economic benefit. Accordingly, this Estimated Number of Respondents:
Regulatory Flexibility Act of 1980, as NOFA shall take effect upon publication 500.
in the Federal Register. Estimated Number of Responses per
amended (5 U.S.C. 601 et seq.) are
Respondent: 3.28.
inapplicable. Therefore, a regulatory V. Paperwork Reduction Act Estimated Number of Responses:
flexibility analysis is not required and
1. Reporting and Registration 1,639.
has not been prepared. Estimated Total Annual Burden
Requirement Under Section 1512 of the
U. Congressional Review Act Recovery Act (hours) on Respondents: 189,837.
BTOP Infrastructure:
NTIA has submitted this NOFA to the a. This award requires the recipient to Estimate of Burden: Public reporting
Congress and the Government complete projects or activities which are burden for this collection of information
Accountability Office under the funded under the Recovery Act and to is estimated to average 117 hours per
Congressional Review of Agency report on use of Recovery Act funds response.
Rulemaking Act, 5 U.S.C. 801 et seq. It provided through this award. Respondents: 1,500.
has been determined that this NOFA is Information from these reports will be Estimated Number of Respondents:
a ‘‘major action’’ within the meaning of made available to the public. 1,500.
the Act because it will result in an b. The first report is due no later than Estimated Number of Responses per
annual effect on the economy of ten calendar days after the initial Respondent: 2.11.
$100,000,000 or more. This NOFA sets calendar quarter in which the recipient Estimated Number of Responses:
out the administrative procedures for receives the assistance award funded in 3,164.
making grants, loans, and loan/grant whole or in part by the Recovery Act, Estimated Total Annual Burden
combinations totaling $3 billion to or by October 10, 2009. Thereafter, (hours) on Respondents: 371,187.
implement a nationwide broadband reports shall be submitted no later than Public Computer Center:
initiative to expand the reach and the tenth day after the end of each Estimate of Burden: Public reporting
quality of broadband services in the calendar quarter. burden for this collection of information
United States. c. Recipients and their first-tier is estimated to average 47.6 hours per
recipients must maintain current response.
With funds made available through
registrations in the CCR (http:// Respondents: 2,500.
the Recovery Act, BIP will provide $2.5
www.ccr.gov) at all times during which Estimated Number of Respondents:
billion of budget authority for RUS to they have active federal awards funded
extend grants, loans, and loan/grant 2,500.
with Recovery Act funds. A DUNS Estimated Number of Responses per
combinations to facilitate broadband number is one of the requirements for
deployment in rural areas. At the same Respondent: 1.1.
registration in the CCR. Estimated Number of Responses:
time, BTOP will provide $4.7 billion d. The recipient shall report the 2,750.
through NTIA to provide broadband information described in section 1512(c) Estimated Total Annual Burden
grants throughout the United States for using the reporting instructions and (hours) on Respondents: 130,750.
unserved and underserved data elements that will be provided Sustainable Adoption:
communities, to increase public online at http:// Estimate of Burden: Public reporting
computer center capacity, and to www.FederalReporting.gov, unless the burden for this collection of information
encourage sustainable adoption of information is pre-populated. is estimated to average 23.9 hours per
broadband services. The Recovery Act response.
provides that BTOP awards must be 2. Agencies’ Additional Paperwork
Respondents: 2,500.
made no later than September 30, 2010. Reduction Act Analysis
Estimated Number of Respondents:
Moreover, projects funded under these Copies of all forms, regulations, and 2,500.
programs must be substantially instructions referenced in this NOFA Estimated Number of Responses per
completed no later than two years may be obtained from RUS or NTIA. Respondent: 1.1.
following the date of issuance of the Data furnished by the applicants will be Estimated Number of Responses:
award. A 60-day delay in implementing used to determine eligibility for program 2,750.
this NOFA would hamper RUS and benefits. Furnishing the data is Estimated Total Annual Burden
NTIA’s missions to expeditiously voluntary; however, the failure to (hours) on Respondents: 65,750.
provide assistance to eligible entities to provide data could result in program Copies of this information collection
begin and complete projects within the benefits being withheld or denied. can be obtained from Michele Brooks,
Rural Utilities Service, at (202) 690– Appendix to Notice of Funds wireless and fixed services.9 Other
1078 and Gwellnar Banks, DOC/OS, at Availability—Broadband Initiatives commenters favor a definition of
(202) 482–3781. Program and Broadband Technology broadband based upon the applications
Comments. Comments are invited Opportunities Program that would be supported.10 A number of
regarding: (a) Whether the proposed commenters favor symmetrical
Policy Justification
speeds,11 but many providers claim that
collection of information is necessary
Definition of ‘‘Broadband’’ asymmetrical technologies are often
for the proper performance of the
BTOP contains five core purposes, all more cost effective and efficient.12
functions of RUS or NTIA, including Several commenters encourage NTIA to
whether the information will have of which relate to deployment of, access
to, or support for ‘‘broadband service.’’ 1 consider latency in addition to
practical utility; (b) the accuracy of the bandwidth when evaluating
The Recovery Act does not expressly
agencies’ estimate of the burden of the proposals.13 Several also encourage
define the term ‘‘broadband,’’ instead it
proposed collection of information NTIA to consider not only current
tasks NTIA with defining what
including the validity of the constitutes a ‘‘broadband service’’ demand, but also the needs of future
methodology and assumptions used; (c) eligible for BTOP support. The Recovery consumers.14
ways to enhance the quality, utility and Act expands RUS’s existing authority to RUS and NTIA conclude that
clarity of the information to be make loans and provides new authority ‘‘broadband service’’ should be defined
collected; and (d) ways to minimize the to make grants to facilitate broadband as the provision of two-way data
burden of the collection of information deployment in rural areas. Thus, the transmission with advertised speeds of
on those who are to respond, including term ‘‘broadband’’ figures prominently at least 768 kilobits per second (kbps)
through the use of appropriate in both agencies’ statutory purposes and downstream and 200 kbps upstream to
automated, electronic, mechanical, or requires that RUS and NTIA agree to a end users, or providing sufficient
other technological collection common understanding of the term. capacity in a Middle Mile project to
techniques or other forms of information Most commenters suggest a minimum support the provision of broadband
technology. Comments for BIP may be transmission speed, ranging from 200 service to end users.
sent to Michele Brooks, Rural Utilities kilobits per second (kbps) 2 to over 100 RUS and NTIA favor this broadband
Service, USDA, Rural Development, megabits per second (mbps).3 A speed threshold because it leverages the
Stop 1530, 1400 Independence Ave., substantial contingent encourage NTIA FCC’s expertise, utilizes an established
SW., Washington, DC 20250–1530 and to adopt a minimum speed of 768 kbps standard, facilitates the use of many
downstream, equivalent to the ‘‘Tier 1’’
for BTOP to Gwellnar Banks, 1401
threshold in the current FCC broadband 9 See, e.g., Wireless Communications Association
Constitution Avenue, NW., Washington, International, Inc. (WCA) at 3 (Apr. 9, 2009);
data collection process.4 Many
DC 20230. All responses to this Notice commenters encourage additional Utopian Wireless Corp. at 3 (Apr. 13, 2009);
will be summarized and included in the Alvarion, Inc. at 9 (Apr. 14, 2009).
consideration for applicants promising 10 See, e.g., Buck Graham of Occam Networks
request for OMB approval. All speeds greater than the minimum.5 (Graham) in webform (recommending 5 Mbps bi-
comments will also become a matter of Some commenters prefer that NTIA directional) (Mar. 18, 2009); EvenLink, LLC at 3
public record. evaluate speed against the project’s (Apr. 13, 2009) (advocating a standard of 5 mbps
bi-directional, but suggesting a lower-speed
The grant application forms for BTOP overall benefits,6 establish different definition for rural areas); William Wells Jr. of True
Infrastructure, Public Computer Centers, speeds for rural and urban areas,7 or Broadband Networks (Wells) (Mar. 17, 2009)
and Sustainable Broadband Adoption establish different speeds for different (advocating a standard of 10 mbps bi-directional to
price points.8 Some wireless providers ‘‘allow real-time bi-directional transmission of
projects and the subsequent step two simultaneous voice, video and data services’’).
filing are being reviewed and will be argue for different speed thresholds for 11 See, e.g., Link Shadley at 1 (Mar. 20, 2009);
approved by the Office of Management 1 See

Stratum Broadband at 32 (Mar. 31, 2009); Univ. of
Recovery Act § 6001(b), 123 Stat. at 512. Nebraska at 6 (Apr. 10, 2009); Graham at webform;
and Budget under the Paperwork 2 See
Harris Corp. at 8–9 (Apr. 13, 2009); Wells at webform; U.S. TelePacific et al. at 3–4, 6
Reduction Act of 1995. OMB control Independent Telephone & Telecommunications (Apr. 13, 2009) (discussing business users’ need for
numbers will be assigned and published Alliance (ITTA) at 4 (Apr. 13, 2009). symmetrical speeds for video teleconferencing,
in separate Federal Register notices. 3 See Virginia Internet Service Providers Alliance multiline VOIP, web hosting, and large email files).
at 5 (Apr. 10, 2009). 12 See, e.g., ITTA at 35–36 (arguing that an
Notwithstanding any other provision of 4 See, e.g., Farmers Mutual Telephone Company asymmetrical threshold would be ‘‘consistent with
law, no person is required to respond to, (Farmers Mutual) at 12 (Apr. 13, 2009); Motorola, the preferences expressed by consumers and
nor shall any person be subject to a Inc. at 9 (Apr. 13, 2009); Gardonville Cooperative providers alike through their behavior in the
penalty for failure to comply with a Telephone Association (Gardonville Coop.) at 12 market’’); WCA at 12 (‘‘requiring symmetrical
(Apr. 13, 2009); Northern Valley Communications speeds for all product markets would disserve
collection of information subject to the (Northern Valley) at 10 (Apr. 13, 2009); AT&T at consumers and would not be technologically
Paperwork Reduction Act unless that 10–11 (Apr. 13, 2009); Progress & Freedom neutral’’); Starwire at webform; General
collection displays a currently valid Foundation at 5 (Apr. 10, 2009); Communication, Inc. (GCI) at 14–15 (Apr. 13, 2009);
Telecommunications Industry Association (TIA) at NetAccess System Technologies (NetAccess) at 9
OMB Control Number. 13 (Apr. 10, 2009); Free Press at 13 (Apr. 13, 2009) (Apr. 10, 2009).
(proposing a reduction in points for ‘‘networks that 13 See, e.g., Regulatory Commission of Alaska at
W. Recovery Act are highly asymmetric’’); WildBlue 12 (Apr. 13, 2009); Michael Blair of Blair
Communications at 4–5 (Apr. 13, 2009); Harris Technologies at webform; Univ. of Nebraska at 2
Additional information about the Corp. at 8–9; Alcatel-Lucent Corp. (Alcatel-Lucent) (stating that grant selection ‘‘[c]riteria should
Recovery Act is available at http:// at 27 (Apr. 13, 2009); Western Telecommunications include speed, price/Mbps, latency, reliability,
Alliance at 4–5 (Apr. 10, 2009); Cricket interoperability, coverage, sustainability, current
www.Recovery.gov. Communications (Cricket) at 8 (Apr. 13, 2009).
capacity and growth capacity’’); Libbey Scheible of

5 See, e.g., AT&T at 10–11.
X. Authorized Signatories 6 See, e.g., Native American Telecom at 5 (Apr.
INOSS, Inc. (INOSS) at 6–7, 10 (suggesting a
minimum latency of 20 milliseconds) (Apr. 10,
Only authorized grant and loan 13, 2009); Alaska Communications Systems at 10 2009); ADTRAN at Appendix 1 (Apr. 13, 2009).
(Apr. 13, 2009). 14 See, e.g., Montana Independent Telecom
officers can bind the Government to the 7 See, e.g., Joe Cremin of Starwire Technologies in
Systems at 3 (referring to ‘‘the anticipated
expenditure of funds. webform (Apr. 8, 2009). requirements for tomorrow’s applications and
8 See, e.g., Rural Telecommunications Congress at consumers’’) (Apr. 13, 2009); Fiber Tower Corp. at
9 (Apr. 13, 2009). 11–12 (Apr. 13, 2009).
currently common broadband should be considered unserved if no considered unserved. Such a finding
applications (e.g., web browsing, VOIP, mobile wireless broadband service is would render the term meaningless.
and one-way video), allows for available.19 Finally, still others
Definition of ‘‘Underserved’’
consideration of cost-effective solutions encourage the adoption of a definition
for difficult-to-serve areas, and is the of ‘‘unserved area’’ that encompasses Another of BTOP’s five core purposes
most technology-neutral option (because communities where broadband is to ‘‘provide improved access to
it encompasses all major wired and infrastructure is available, but where broadband service to consumers
wireless technologies). For these same barriers such as affordability effectively residing in underserved areas of the
reasons, RUS and NTIA decline to prevent residents from receiving United States.’’ 21 The term
impose a latency requirement or broadband service.20 ‘‘underserved’’ is not a common term in
technology-specific definitions. RUS RUS and NTIA conclude that an telecommunications, although it is
and NTIA intend to provide additional appropriate definition of ‘‘unserved commonly applied in other fields, such
consideration to applications exceeding area’’ is a proposed funded service area as healthcare, education, social services
the minimum speed threshold or (i.e., one or more contiguous census and retail, to denote populations lacking
offering superior upgradeability. This blocks, as discussed below) where at access to critical services. As with the
approach offers the greatest flexibility least 90 percent of households lack ‘‘unserved’’ definition, the Recovery Act
for the agencies and simplicity for access to facilities-based, terrestrial does not define ‘‘underserved,’’ instead
applicants, while still expressing a broadband service, either fixed or it tasks NTIA with developing a
preference for higher-capacity projects. mobile, at the minimum broadband definition that targets specific
An area that has access to service at 768 transmission speed of 768 kbps geographic areas and advances the
kbps may still qualify as ‘‘underserved,’’ downstream and 200 kbps upstream. A program’s purposes. Under RUS’s BIP
and an area that has only high-latency household has access to such broadband program, loan and loan/grant
satellite service will still qualify as service if it can readily subscribe to that combination funds are to be used to
‘‘unserved.’’ service upon request. provide funding to applications
Defining an unserved area by proposing to serve non-remote and
Definition of ‘‘Unserved’’ reference to the definition of broadband ‘‘underserved’’ rural areas.
One of the five core purposes of BTOP that RUS and NTIA adopt will ensure
consistency between the needs in areas The majority of commenters favor
is ‘‘to provide access to broadband definitions based on one or more of the
targeted for infrastructure funding and
service to consumers residing in following factors: availability of
the improved access that will be
unserved areas of the United States.’’ 15 broadband service at a certain threshold
provided by infrastructure projects that
The Recovery Act does not expressly speed,22 affordability,23 number of
receive grants. RUS and NTIA believe
define the term ‘‘unserved,’’ instead it broadband service providers,24 and
that a definition requiring that 100
tasks NTIA with developing a definition
percent of households lack access to
that targets specific geographic areas 21 Recovery Act § 6001(b)(2), 123 Stat. at 512.
broadband service could prove overly
and advances the program’s purposes. 22 See, e.g., American Fiber Systems at 4 (defining
restrictive and risk inadvertently
Grants under RUS’s Broadband ‘‘underserved area’’ as a ‘‘geographical area where
excluding populations that should 90% or less of the population currently has access
Initiatives Program (BIP) are to be used
properly fall within the ‘‘unserved’’ to a service at a speed less than 100 megabits from
to provide funds to applications
definition. For example, an area should a single provider’’); Gardonville Coop. at 12
proposing to exclusively serve remote, (defining ‘‘underserved area’’ as an area ‘‘currently
not be considered served merely
‘‘unserved’’ rural areas. only able to receive broadband service at a speed
because one or two households in that of 768 Kbps to less than 12 Mbps, bi-directional,
The majority of commenters favor area have access to broadband service. during peak-hour load’’); WCA at 4 (suggesting that
defining ‘‘unserved area’’ as a whole Establishing a 90 percent threshold a market is underserved if it ‘‘does not have access
area lacking access to a certain quality acknowledges that a de minimis level of to mobile wireless broadband capable of delivering
of Internet service,16 or lacking access to at least 3 mbps downlink and 768 kbps uplink
broadband service may exist in portions speeds’’); Nebraska Rural Independent Companies
technologies other than dial-up and of the area, while also seeking to at 9 (Apr. 13, 2009) (defining ‘‘underserved area’’
satellite service.17 Some commenters, minimize the risk of unintentionally as ‘‘any geographical area * * * where only
however, offer definitions based on a excluding an entire area from funding broadband service with download speeds between
percentage of the population lacking 56 Kbps and 768 Kbps exist today’’); National Cable
under the BTOP program. & Telecommunications Association (NCTA) at 23
such access.18 Some suggest that an area RUS and NTIA do not include (Apr. 13, 2009) (‘‘An ‘underserved area’ should be
existing satellite service in defining defined as an area where no households have access
15 Recovery Act § 6001(b)(1), 123 Stat. at 512.
whether a given area is unserved, even to at least one provider of Internet access with
16 See, e.g., Farmers Mutual at 12 (less than 768 current generation broadband transmission speeds,
kbps bi-directional peak load); American Fiber though such service may meet the e.g., maximum transmission speeds of at least 3
Systems at 4 (Apr. 13, 2009) (10 mbps or less from threshold speed level to qualify as Mbps downstream and 768 kbps upstream. Satellite
2 or fewer providers); ATSI Communications, Inc. broadband service under the definition broadband service, which already is available
at 11 (Apr. 13, 2009) (no provider of duplex adopted in this NOFA. Because the throughout most of the country, should not be
broadband at more than 256 kpbs in either considered in applying this definition.’’).
direction). general reach of satellite service can 23 See, e.g., National Association of
17 See, e.g., Alaska Federation of Natives at 8 extend to the entire country, it is Telecommunications Officers and Advisors
(Apr. 13, 2009); Michigan Public Service excluded as a factor in the unserved (NATOA) at 34 (‘‘Unaffordable broadband services
Commission (Michigan PSC) at 19 (Apr. 13, 2009); definition to avoid a finding that no area are unavailable.’’); Cricket at 3 (‘‘For millions of
Communications Workers of America (CWA) at 21– Americans * * * both wireline and wireless service
22 (Apr. 13, 2009); Univ. of Nebraska at 1;
in the United States would be options may be available just outside their door, but
NetAccess at 9. they nevertheless remain hopelessly out of reach at

18 See, e.g., XO Communications, LLC and Home Council (FTTH Council) at 9 (Apr. 13, 2009) current prices or terms of service.’’); Consortium for
Nextlink Wireless, Inc. (XO and Nextlink) at 7 (Apr. (20% lack access to broadband). School Networking et al. at 6 (Apr. 13, 2009).
19 See, e.g., WCA at 10.
13, 2009) (90% of consumers to be served lack 24 See, e.g., JAB Wireless, Inc. at 2 (Apr. 9, 2009)
access to a provider of Current Generation 20 See, e.g., City and County of San Francisco (San (‘‘An underserved area should be defined as an area
Broadband Transmission Service, to be defined Francisco) at 25 (Apr. 13, 2009) (‘‘If broadband where a resident does not have a choice of at least
separately for wireline/fixed access and mobile service is not affordable, it effectively is not 2 broadband service providers providing minimum
wireless); Premium Choice Broadband at 3 (less available.’’); Institute for Local Self-Reliance at 8 speeds of 3 Meg down.’’); segTEL at 7–8 (Apr. 13,
than 25% availability of 768 kbps); Fiber-to-the- (Apr. 13, 2009). 2009); U.S. Telepacific et al. at 5.
subscribership or adoption rates.25 of a geographic area.30 Many RUS and NTIA recognize that in some
Some commenters also suggest commenters draw attention to types of areas of the country, particularly in
definitions that would include areas users they believe should be considered rural areas, many of the underserved
where major community institutions underserved.31 criteria for Last Mile projects will apply.
lack sufficient broadband access.26 RUS and NTIA conclude that the The underserved definition includes a
Several others also encourage the extent to which a proposed funded broadband speed criterion to recognize
agencies to consider the particular service area is underserved will be that a proposed funded service area can
needs of public safety.27 Many evaluated using several criteria that are have the minimum level of broadband
commenters propose multi-pronged grouped to reflect the two distinct service available (defined as 768 kbps
definitions that include multiple ways components of the Broadband downstream and 200 kbps upstream),
an area could qualify as underserved 28 Infrastructure category of eligible but still be considered ‘‘underserved.’’
while others argue that the agencies projects—Last Mile and Middle Mile (as NTIA and RUS do not want to exclude
should adopt a presumption that certain defined in this NOFA)—and take proposals to improve the broadband
types of areas are underserved.29 account of both advertised broadband speeds available in a proposed funded
Several commenters urge the adoption speeds and availability of broadband service area simply because the
of a separate definition of service. Specifically, a proposed funded threshold broadband speed is already
‘‘underserved’’ for broadband adoption service area (i.e., one or more available.
programs, focusing on the contiguous census blocks) may qualify RUS and NTIA decline to define
characteristics of the population to be as underserved for Last Mile projects if ‘‘underserved’’ according to particular
served rather than on the characteristics at least one of the following factors is pricing plans, median income, or
met, though the presumption will be demographic characteristics because the
25 See, e.g., Wisconsin Department of Commerce
that more than one factor is present: i) adopted definition uses the criteria of
at 2 (Apr. 8, 2009) (‘‘An ‘underserved area’ should low levels of broadband subscribership
be defined as an applicant area in which at least no more than 50 percent of the
50% of households do not subscribe to a cable or households in the proposed funded as a proxy for these factors. Studies
DSL broadband service provider, regardless of service area have access to facilities- suggest a strong, direct correlation
whether or not broadband service is available, or an
based, terrestrial broadband service at between income levels and broadband
applicant area in which at least 50% of households subscribership; thus, lower broadband
have access to no more than one broadband internet greater than the minimum broadband
service provider.’’); New Jersey Division of Rate transmission speed of 768 kbps subscribership rates will tend to reflect
Counsel at 2 (Apr. 8, 2009); One Economy downstream and 200 kbps upstream; ii) lower income households. Low
Corporation at 4 (Apr. 13, 2009); Association of
no fixed or mobile broadband service broadband subscribership rates also
Public Television Stations at 9 (Apr. 13, 2009); San tend to be seen among seniors,
Francisco at 23–24. provider advertises broadband
26 See, e.g., FTTH Council at 11 (‘‘Underserved transmission speeds of at least three minorities, and other vulnerable or
area means * * * a geographic area described by megabits per second (‘‘mbps’’) disadvantaged population groups.
Census Tracts where more than 25% of the NTIA will use the definition of
downstream in the proposed funded
Community Anchor Institutions to be served by the ‘‘underserved’’ only for purposes of
project currently lack access to a provider of service area; or iii) the rate of broadband
evaluating Broadband Infrastructure
Advanced Broadband Wireline Service); eCLIC, the subscribership for the proposed funded
Emergency Communications Leadership and proposals under BTOP. For Public
service area is 40 percent of households
Innovation Center at 5 (Apr. 8, 2009) Computer Center and Sustainable
or less. A proposed funded service area
(‘‘ ‘Underserved’ would be any area lacking a digital Broadband Adoption proposals, NTIA
hub and/or broadband infrastructure connecting may qualify as underserved for Middle
will evaluate the characteristics of the
LANs inside the rooms and grounds of schools, Mile projects if one interconnection
libraries, public safety and governmental population to be served, rather than the
point terminates in a proposed funded
institutions.’’); AT&T at 12. Internet services available, in the
service area that qualifies as unserved or
27 See, e.g., Intrado Inc. and Intrado geographic areas where the programs are
Communications Inc. at 5–6; National Emergency underserved for Last Mile projects.
located. Service to vulnerable (rather
Number Association at 17 (Apr. 13, 2009).
28 See, e.g., XO and Nextlink at 8 (‘‘Underserved 30 See, e.g., ZeroDivide at 13 (Apr. 13, 2009)
than ‘‘underserved’’) populations will
Area means: (1)(i) a geographic area that is not an (citing ‘‘barriers to adoption including, race, be a critical factor in evaluating such
unserved area where at least 90% of the customers ethnicity, language, physical capacity, economic proposals. NTIA, therefore, interprets
to be served by the project lack access to more than conditions, and geography’’ and ‘‘low-income comments advocating inclusion of
one provider of Current Generation Broadband population as determined by state or federal
Transmission Service (which is to be determined guidelines, such as residents of low-income
certain categories of users as
separately for wireline/fixed wireless or mobile housing, area with a high rate of participation in ‘‘underserved’’ for the purposes of such
wireless providers) or (ii) a geographic area that is free and reduced price lunch/breakfast program’’); programs as arguments for recognition
not an unserved area where at least 90% of the Michigan PSC at 19. But see, e.g., Free Press at 6 of these categories as ‘‘vulnerable
customers to be served by the project lack access (‘‘Using the income of an area as the basis for an
to a provider of Advanced Broadband Transmission ‘underserved’ definition is common in markets such
populations.’’ 32
Service (which is to be determined separately for as health care but is perhaps less fitting for Utilizing Census Blocks To Define
wireline/fixed wireless or mobile wireless infrastructure-based services such as broadband.’’).
providers); (2) a geographic area where at least 90% 31 See, e.g., City of Milwaukee in web form (Apr.
Proposed Funded Service Areas
of the Community Anchor Institutions to be served 13, 2009) (citing ‘‘computer literacy, internet The geographic area used to assess the
by the project lack access to a provider of wireline/ literacy, ethnic and language diversity’’); Carl and
fixed wireless Advanced Broadband Transmission
degree of broadband coverage is a key
Ruth Shapiro Family National Center for Accessible
Service; or (3) any census tract which is located in Media at WGBH (NCAM) and Inclusive element in defining the terms
(i) an empowerment zone or enterprise community Technologies at 5–6 (Apr. 13, 2009) (‘‘People with ‘‘unserved’’ and ‘‘underserved’’ found in
designated under section 1391, (ii) the District of disabilities MUST be included in the definition of the BTOP provisions discussed in the
Columbia Enterprise Zone established under the underserved and unserved population and preceding sections. Additionally, the
section 1400, (iii) a renewal community designated inclusion of their needs should be explicitly stated
under section 1400E, or (iv) a low-income in all RFPs issued by NTIA.’’); Covad Recovery Act allows RUS to fund a
community designated under section 45D.’’). Communications Co. at 4 (Apr. 10, 2009) (urging
29 See, e.g., Matthew R. Rantanen, Director of NTIA to deem all small businesses underserved); 32 See, e.g., Barling Bay, LLC and Caption
Technology, Southern California Tribal Chairmen’s NCTA at 23 (‘‘[B]efore funding construction in Colorado at 13–14 (Apr. 13, 2009) (arguing for
Association in webform (Apr. 13, 2009) (tribal underserved areas, NTIA and RUS should provide recognition of deaf and hard of hearing students
lands); Pulse Broadband LLC at 4–5 (Apr. 13, 2009) funding for programs that assist underserved and rural students in poor school districts as
(rural areas); Broadpoint, Inc. at 4 (Apr. 13, 2009) populations (low-income, seniors) to acquire and unserved or underserved for purposes of broadband
(the Gulf of Mexico). make use of broadband service.’’). adoption programs).
broadband project with Recovery Act RUS and NTIA conclude that statement.’’ 42 The Recovery Act does
funds only if ‘‘at least 75 percent of the applicants should be allowed to define not require RUS to impose these
area to be served [is] in a rural area their own proposed funded service obligations on its grantees or borrowers.
without sufficient access to high speed areas, which are composed of one or Major incumbent service providers,
broadband service to facilitate rural more contiguous census blocks. RUS rural carriers, and their trade
economic development, as determined and NTIA believe that employing associations urge that the
by the Secretary of Agriculture.’’ 33 As a census blocks, a standardized, interconnection and non-discrimination
result, RUS must also define the technologically neutral geographic unit, obligations be limited to the FCC
relevant ‘‘area’’ to which it would apply will facilitate the comparison of data Internet Policy Statement.43 These
the criteria for sufficiency of access to from applicants proposing to serve operators emphasize that imposing new
broadband service. overlapping regions and will facilitate requirements in the BTOP process
Most commenters suggest defining compliance with the statutory would cause uncertainty and deter
‘‘area’’ according to government- prohibition against providing BTOP and applicants from applying for grants.
recognized boundaries. For example, BIP funding for the same project in the Major equipment manufacturers share
multiple commenters suggest the use of same area.41 RUS and NTIA have this view.44 Cellular operators and CTIA
census tracts,34 pointing out that the attempted to accommodate commenters’ assert that wireless networks need the
FCC already collects service data at the concerns about the inadvertent ability to prioritize traffic due to limited
census tract level 35 and that census exclusion of areas in need of broadband capacity.45 Content owners argue that
tracts are relatively small.36 Rural service by adopting a very granular non-discrimination obligations should
Cellular Association also points out that definition of proposed funded service not preclude copyright enforcement.46
government-defined boundaries are area and defining ‘‘unserved’’ and On the other side, public interest
technologically neutral because they do ‘‘underserved,’’ and ‘‘without sufficient groups 47 and potential new entrants 48
not correspond to the existing service access to high speed broadband service advocate additional obligations,
areas for any particular technology.37 to facilitate rural economic generally some combination of
Multiple commenters also state a development’’ in terms of the interconnection language from Title II of
preference for census blocks, or the percentages of a proposed funded the Communications Act and non-
smallest geographic designation service area meeting the definitional discrimination requirements precluding
possible, so that proposals for service to criteria. degradation or inferior treatment of
all truly underserved geographic applications, content, and services.
locations qualify for BTOP funding.38 An applicant must identify the census Many states 49 and most of the cities
In contrast, some commenters block(s) selected for the project and filing comments 50 urge the inclusion of
encourage the agencies to allow provide documentation supporting the some open access or non-discrimination
applicants to define their own service applicant’s determination that the obligations.
areas to be evaluated against the criteria proposed funded service area is either RUS and NTIA require applicants to
established for ‘‘unserved’’ or unserved or underserved. There is a commit to five obligations. These
‘‘underserved’’ areas.39 Many of these presumption that the applicant will requirements, discussed in more depth
commenters express concern that provide service to the entire territory of below, are subject to the needs of law
requiring pre-defined geographic units each census block included in the enforcement and reasonable network
to qualify as ‘‘unserved’’ or proposed funded service area, unless management practices.
‘‘underserved’’ areas will exclude the applicant files a waiver and (1) Adhere to the principles contained
regions within those geographic units provides a reasoned explanation as to in the FCC’s Broadband Policy
that actually lack access to broadband why providing coverage for the entire Statement (FCC 05–151 adopted Aug. 5,
service.40 census block is infeasible. Applicants 2005).
may be permitted to serve less than the This requirement is specified in the
33 Recovery Act div. A, tit. I, 123 Stat. at 118. entire census block under certain Recovery Act.51
34 See, e.g., FTTH Council at 10–11. conditions. For example, an applicant (2) Not favor any lawful Internet
35 See, e.g., American Cable Association at 6 (Apr.
might seek a waiver if the census block applications or content over others.
14, 2009); Rural Cellular Association at 42 (Apr. 13,
2009); XO and Nextlink at 6, n. 14.
exceeds 100 square miles or more or is This requirement ensures neutral
36 See, e.g., American Cable Association at 6; larger than the applicant’s authorized traffic routing. Without a non-
Rural Cellular Association at 42. operating territory, e.g., it splits a rural discrimination condition, network
37 Rural Cellular Association at 42. incumbent local exchange carrier’s
38 See, e.g., Wireless Internet Service Providers
(ILEC) study area or exceeds the 42 Recovery Act § 6001(j), 123 Stat. at 512.
Association (WISPA) at 8 (Apr. 10, 2009) boundaries of a wireless carrier’s 43 See, e.g., Verizon at 13 (Apr. 13, 2009); AT&T
(supporting census blocks as the basic geographical at 14–16; OPASTCO at 11–12 (Apr. 13, 2009);
unit and stating, ‘‘No ‘unserved’ or ‘underserved’ licensed territory.
National Exchange Carrier Assoc. (NECA) at 6 (Apr.
community should be disqualified because it is too 13, 2009).
small.’’); Frontier Communications at 12 (Apr. 13, Interconnection and Non- 44 See, e.g., Motorola at 13–15; Cisco at 9 (Apr.
2009) (‘‘An ‘area’ should be determined at as small Discrimination Requirements 13, 2009).
a geographic level as possible. Using entire census 45 See, e.g., CTIA at 8 (Apr. 13, 2009).
communities or census blocks will disadvantage The Recovery Act requires NTIA to 46 See, e.g., MPAA, RIAA et al. at 3 (Apr. 13,
many unserved areas that are adjacent to served establish ‘‘non-discrimination and
areas.’’). See also Smith Bagley, Inc. at 3–4 (Apr. 13, 2009).
2009) (suggesting that NTIA require applicants to
network interconnection obligations 47 See, e.g., Free Press at 18; Open Internet
submit a spreadsheet of census blocks with that shall be contractual conditions of Coalition at 2 (Mar. 10, 2009); Center for Democracy
grants * * * including, at a minimum, & Technology at 3–5 (Apr. 13, 2009); EDUCAUSE
estimates of unserved and underserved households

and businesses). at 4–5 (Apr. 13, 2009).
adherence to the principles contained in 48 See Clearwire Corp. at 14–15 (Apr. 10, 2009);
39 See, e.g., ITTA at 2–3 (‘‘Each applicant should
the [FCC’s] broadband policy Earthlink and NewEdge at 4–5 (Apr. 13, 2009).
be able to define its proposed service area,
49 See, e.g., Michigan PSC at 8; State of Arizona
including aggregating both adjacent and non-
contiguous clusters of unserved homes.’’); Embarq unserved and underserved customers are unlikely at 11 (Apr. 13, 2009).
at 18 (Apr. 13, 2009); CWA at 22. to fall neatly within existing, arbitrary geographic 50 See, e.g., City of Palo Alto at 19–20 (Apr. 13,
40 See, e.g., Windstream Communications, Inc., units, such as ZIP codes or census blocks.’’). 2009).
(Windstream) at 28 (Apr. 14, 2009) (‘‘Pockets of 41 See Recovery Act div. A, tit. I, 123 Stat. at 119. 51 Recovery Act § 6001(j), 123 Stat. at 515.
operators could give preferential (4) Connect to the public Internet limits, financial terms, and technical
treatment to affiliated services, or charge directly or indirectly, such that the conditions for interconnection. If the
some application and content providers project is not an entirely private closed awardee and requesting party cannot
for ‘‘fast lanes’’ that would put others at network. reach agreement, they may voluntarily
a competitive disadvantage. The An entirely private closed network seek an interpretation by the FCC of any
standard used here is a more general would make the interconnection and FCC rules implicated in the dispute. If
version of the one the FCC imposed in non-discrimination obligations moot, an agreement cannot be reached within
the AT&T/BellSouth merger conditions, since the project would not offer access 90 days, the party requesting
which specified no differential to Internet applications and content. interconnection may notify RUS or
treatment of packets based on source, (5) Offer interconnection, where NTIA in writing of the failure to reach
destination, or ownership.52 Awardees technically feasible, on reasonable rates satisfactory terms with the awardee. The
may employ generally accepted and terms to be negotiated with 90-day limit is to encourage the parties
technical measures to provide requesting parties. This includes both to resolve differences through
acceptable service levels to all the ability to connect to the public negotiation.
customers, such as caching and Internet and physical interconnection This approach encourages
application-neutral bandwidth for the exchange of traffic. interconnection without requiring
allocation, as well as measures to The Recovery Act mandates micromanagement of private
address spam, denial of service attacks, conditions for ‘‘network negotiations. Appropriate
illegal content, and other harmful interconnection,’’ 54 which the FCC interconnection terms will vary
activities. They also may comply with Policy Statement and non- depending on the type of project, the
applicable statutes such as the discrimination conditions alone do not technologies involved, the type of
Communications Assistance to Law address. Moreover, an interconnection provider requesting interconnection,
Enforcement Act (CALEA).53 condition promotes competition in end- and the dynamics of the local market.
Furthermore, this requirement applies user service provision, consistent with There is no need to enforce uniform
only to Internet applications and the Recovery Act’s directives. terms or pricing standards, so long as
Specifically, the fourth prong of the FCC parties negotiate in good faith to reach
content, that is, those that traverse the
Policy Statement states that users are mutually-beneficial business
public Internet. Awardees may offer
entitled to a choice of service agreements. A more formal
managed services such as telemedicine,
providers.55 The Recovery Act interconnection regime would require
public safety communications, and
incorporates this element by reference, enforcement resources beyond the scope
distance learning, which use private
because it requires applicants to meet of BTOP.
connections or virtual private networks,
the Policy Statement’s principles as a Entities that successfully reach an
rather than the public Internet. This
minimum condition. The Recovery Act agreement to interconnect with a system
approach ensures that awardees do not
also requires RUS to give priority to funded under BIP may not use that
distort the Internet’s neutral
projects offering a choice of end-user interconnection agreement to provide
environment for applications and
service providers,56 which is only services that duplicate services
content, while giving them the
possible if funded projects offer provided by projects funded by
flexibility to design their networks in a
interconnection. As a general policy outstanding telecommunications loans
technically efficient manner and the
matter, interconnection allows synergies made under the Rural Electrification
ability to provide services that may
where others can benefit from Act. Further, interconnection may not
require enhanced quality of service or
subsidized infrastructure. Wholesale result in a BIP-funded facility being
separate connections for privacy and
service may also generate additional used for ineligible purposes under the
security reasons. Recovery Act. These limitations are
revenue for recipients, and increase
(3) Display network management needed to comply with pre-existing loan
capital efficiency by maximizing
policies in a prominent location on the agreements and Recovery Act language
utilization of network capacity. Where
service provider’s Web page and provide for RUS, but do not apply to BTOP.
not inconsistent with other Recovery
notice to customers of changes to these With respect to non-discrimination,
Act goals, RUS and NTIA will seek the
policies (awardees must describe any those who believe an awardee has failed
greatest possible expansion of
business practices or technical to meet the non-discrimination
broadband from its investment.
mechanisms they employ, other than obligations should first seek action at
An awardee may satisfy the
standard best efforts Internet delivery, to the FCC of any FCC rules implicated in
requirement for interconnection by
allocate capacity; differentiate among the dispute. If the FCC chooses to take
negotiating in good faith with all bona
applications, providers, or sources; limit no action, those seeking recourse may
fide requesting parties that wish to
usage; and manage or block access to notify RUS and NTIA in writing about
connect to the public Internet using the
illegal or harmful content). the alleged failure to adhere to
awardee’s network or to exchange
This public notice requirement is commitments of the award.
traffic. Interconnection must take place
intended to provide full disclosure of Overall, these five requirements
where technically feasible and without
these network management practices to ensure that public funds will support
exceeding current or anticipated
users and potential users to enable them the public goal of open networks. The
capacity limitations. The awardee and
to make informed decisions regarding standards chosen echo established FCC
requesting party may negotiate terms
how their usage may be impacted by rules, but avoid detailed regulation and
such as business arrangements, capacity
current policies and any modifications allow for flexibility when network
that are subsequently made. 54 Recovery

Act § 6001(j), 123 Stat. at 512. management requires differential
55 Internet
Policy Statement, FCC 05–15, adopted treatment or exclusivity. The standards
52 See In the Matter of AT&T Inc. and BellSouth Aug. 5, 2005. chosen are technologically neutral and
Corporation, WC Docket No. 06–74, Memorandum 56 Recovery Act div. A, tit. I, 123 Stat. at 118. This
appropriate for the widest possible
Opinion and Order, FCC 06–189, App. F at 154 language does not appear in the BTOP section of the
(Mar. 26, 2007), http://hraunfoss.fcc.gov/ Recovery Act, but is consistent with the network
range of applications, because the
edocs_public/attachmatch/FCC-06-189A1.pdf. interconnection and non-discrimination obligations definition of reasonable network
53 See 47 U.S.C. 1001 et seq. specified there. management may differ based on the
network technology used and other Secretary shall to the extent practicable that are willing to promote the goals of
dimensions of the project. Applicants promote the purposes of [BTOP] in a the Recovery Act and comply with the
are required to disclose interconnection, technologically neutral manner.’’ The statutory requirements of BTOP to be
nondiscrimination, and network Recovery Act does not explicitly eligible for a grant. By adopting this
management plans with their identify the entities that are eligible for broad approach, the Assistant Secretary
applications, and provide regular RUS broadband funding. intends to invite a diverse group of
network reporting, to facilitate The comments of service providers of applicants to participate in BTOP,
compliance and better understanding of all types,57 equipment suppliers,58 and which reflects his desire to expand
appropriate network management various other entities 59 state that broadband capabilities in the United
techniques. As noted above, applicants private, for-profit companies should States in a technology-neutral manner.
are required to provide clear and generally be eligible for BTOP funding. This approach is consistent with
prominent public disclosure of network Some service providers propose Congressional intent in this regard.64
management policies to customers. automatic eligibility for service This finding is reasonable because of the
Additional scoring points will be providers who already hold a license or
positive impact that the inclusion of for-
awarded for clear and prominent public franchise or who already provide
profit corporations will have on the
disclosure of interconnection and broadband service.60 Several non-
administrative and programmatic
nondiscrimination policies to profits, government entities, and small
customers. requirements of this program. Many for-
providers argue that no for-profit entity
These conditions will apply for the should be eligible without a public profit corporations have expertise in
life of the awardee’s facilities used in interest showing, either deployment and sustainable operation
the project and not to any existing individualized 61 or based on its of telecommunications facilities,65
network arrangements. The conditions agreement to adhere to additional which may lead to the creation of more
apply to any contractors or conditions,62 or otherwise favor only efficient and sophisticated broadband
subcontractors of such awardees limited for-profit eligibility.63 networks that consumers will be able to
employed to deploy or operate the Through this NOFA, the Assistant access in a shorter period of time. In
network facilities for the infrastructure Secretary of Commerce for some cases, for-profit corporations also
project. To the extent that the FCC takes Communications and Information has may have the resources to deploy new
action in this area, such as by modifying found it to be in the public interest to infrastructure more quickly or
its Internet Policy Statement or by permit for-profit corporations and non- efficiently than other types of entities.66
adopting additional or different rules or profit entities (not otherwise Moreover, for-profit corporations
policies, awardees will become subject encompassed by section 6001(e)(1)(A)) provide economic growth and job
to FCC rules and policies in lieu of the creation, which is consistent with many
conditions set forth only to the extent 57 See, e.g., Qwest Communications (Qwest) at 9–
of the key purposes of the Recovery
that the FCC rules or policies effectively 13 (Apr. 13, 2009); NCTA at 6; Bresnan Act.67
Communications et al., at 5 (Apr. 13, 2009).
supersede the conditions set forth 58 See, e.g., Alcatel-Lucent at 15. Dated: July 1, 2009.
above. Recipients that fail to accept or 59 See, e.g., CWA at 6; EDUCAUSE at 4; Georgia
comply with the terms listed above may James R. Newby,
Technology Authority at 4 (Apr. 13, 2009); State of
be considered in default or breach of Alabama at 7 (Apr. 13, 2009); State of Wyoming at Acting Administrator, Rural Utilities Service.
their loan or grant agreements. RUS and 2 (Apr. 10, 2009). Thomas C. Power,
60 See, e.g., Windstream at 8–9; American Cable
NTIA may exercise all available Chief of Staff, National Telecommunications
Association at 5–6.
remedies to cure the default. 61 See, e.g., Kentucky Municipal Utilities and Information Administration.
Eligibility Association at 7–8 (Apr. 13, 2009); National Rural [FR Doc. E9–16268 Filed 7–8–09; 8:45 am]
Electrical Cooperative Association at 8–9 (Apr. 13,
BILLING CODE 3410–15–P
Section 6001(e)(1) of the Recovery Act 2009); NATOA at 8–11.
expressly identifies the types of entities 62 See, e.g., The Benton Foundation at 14–19
64 See Conf. Rep. at 775 (stating that ‘‘as many
that are eligible for BTOP grants and (Mar. 20, 2009).
63 For example, several commenters proposed entities as possible [should] be eligible to apply for
authorizes the Assistant Secretary to that private firms should receive grants only in a competitive grant, including wireless carriers,
find by rule that it may be in the public areas where government or non-profit entities do wireline carriers, backhaul providers, satellite
interest for any other entity, including a not apply. See, e.g., SEDA Council of Governments carriers, private-public partnerships, and tower
broadband service or infrastructure at 1 (Mar. 24, 2009); NATOA at 9. Some small rural companies’’).
telephone companies favored limiting eligibility for
provider, to be eligible. Section large providers. See, e.g., National
65 See Qwest at 10–12; NCTA at 6; Windstream
6001(e)(1)(C) also requires that ‘‘[i]n at 9.

Telecommunications Cooperative Association at 3–
66 See Qwest at 10–14; Windstream at 9.
establishing such rule, the Assistant 4 (Apr. 13, 2009).
67 See State of Alabama at 7.

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Thursday,

Broadband Initiatives Program; Broadband

DEPARTMENT OF AGRICULTURE authorized representatives are information regarding applications for

8 See Joint Request for Information and Notice of

responsible use of public funds. To country;

compliance with other Administration 14 Id. at 118–19.

26 Consistent with Recovery Act, the application

and tabulates decennial census data. Census blocks

substantially complete projects substantially complete projects C. Application Eligibility Factors

i. Acquiring broadband-related Information NTIA have adopted these application

c. Proof of Mailing Agriculture, 1400 Independence Project Purpose; 2. Project Benefits; 3.

completeness that are non-material.

underserved areas; to provide broadband access,

(1) When a project proposal includes action would be ‘‘impracticable,

approved by the Office of Management 1 See

capacity and growth capacity’’); Libbey Scheible of

NetAccess at 9. they nevertheless remain hopelessly out of reach at

estimates of unserved and underserved households

that are subsequently made. 54 Recovery

6001(e)(1)(C) also requires that ‘‘[i]n at 9.

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