This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

25185 

Vol. 75, No. 88 

Friday, May 7, 2010 

DEPARTMENT OF AGRICULTURE 

Rural Utilities Service 

RIN 0572–ZA01 

Broadband Initiatives Program 

AGENCY: Rural Utilities Service, 

Department of Agriculture. 

ACTION: Request for proposals. 

SUMMARY: The Rural Utilities Service 

(RUS) announced its general policy and 

application procedures for the second 

round of funding under the broadband 

initiatives (the Second Round NOFA), 

established pursuant to the American 

Recovery and Reinvestment Act of 2009 

(Recovery Act) for the Broadband 

Initiatives Program (BIP), on January 22, 

2010 at 74 FR 3820. In that Second 

Round NOFA, RUS announced the 

opening of a future window for specific 

grants for Satellite, Rural Library 

Broadband, and Technical Assistance, 

and that any requirements would be 

outlined in the Request for Proposals 

(RFP). This RFP outlines those 

requirements. 

DATES: Applications for Satellite, Rural 

Library Broadband, and Technical 

Assistance Projects will be accepted 

from May 7, 2010, until June 7, 2010. 

Application Submission: The 

application packages for all programs 

are available at http:// 

www.broadbandusa.gov. Applications 

for Satellite, Rural Libraries Broadband, 

and Technical Assistance projects must 

be submitted in paper format by June 7, 

2010. 

Paper Format: Paper applications 

must include proof of mailing consisting 

of one of the following: (i) A legibly 

dated U.S. Postal Service postmark. 

Please note that the U.S. Postal Service 

does not uniformly provide a dated 

postmark. Before relying on this 

method, Applicants should check with 

their local post office; (ii) A legible mail 

receipt with the date of mailing stamped 

by the U.S. Postal Service; or (iii) A 

dated shipping label, invoice, or receipt 

from a commercial carrier. Neither of 

the following will be accepted as proof 

of mailing: A private metered postmark, 

nor a mail receipt that is not dated by 

the U.S. Postal Service. 

Mailing Address: One original and 

one copy of the completed application 

must be mailed, shipped, or sent 

overnight express to: Broadband 

Initiatives Program, Rural Utilities 

Service, U.S. Department of Agriculture, 

1400 Independence Avenue, SW., Stop 

1599, Room 2868, Washington, DC 

20250 or hand-delivered to: Broadband 

Initiatives Program, Rural Utilities 

Service, U.S. Department of Agriculture, 

1400 Independence Avenue, SW., Room 

2868, Washington, DC 20250. 

Contact Information: For general 

inquiries, contact David J. Villano, 

Assistant Administrator 

Telecommunications Program, Rural 

Utilities Service, U.S. Department of 

Agriculture (USDA), email: 

BroadbandUSA@usda.gov, telephone: 

(877) 508–8364. For inquiries regarding 

BIP compliance requirements, including 

applicable federal rules and regulations 

protecting against fraud, waste and 

abuse, contact 

bipcompliance@wdc.usda.gov. You may 

obtain additional information regarding 

applications for BIP via the Internet at 

http://www.broadbandusa.gov. 

Authority: This notice is issued pursuant 

to the American Recovery and Reinvestment 

Act of 2009, Pub. L. 111–5, 123 Stat. 115 

(2009) and the Rural Electrification Act of 

1936, 7 U.S.C. 901 et seq. 

SUPPLEMENTARY INFORMATION: 

Catalog of Federal Domestic Assistance 

(CFDA) Number: Broadband Initiatives 

Program (BIP)—10.787. 

Additional Items in Supplementary 

Information 

I. Overview: Describes the purposes of the 

Recovery Act and the changes in BIP from 

the First Round NOFA. 

II. Definitions: Sets forth the key statutory 

terms and other terms. 

III. Funding Opportunity Description: 

Describes funding categories, requirements, 

and the amount of funds available for each 

category. 

IV. Eligibility Information: Establishes 

eligibility criteria, eligibility factors, eligible 

and ineligible costs, and other eligibility 

requirements. 

V. Application and Submission 

Information: Provides information regarding 

how to apply, application materials, and the 

application process. 

VI. Application Evaluation Criteria: 

Establishes the evaluation criteria for 

application review. 

VII. Award Administration Information: 

Provides award notice information, 

administrative and national policy 

requirements, terms and conditions, and 

other reporting requirements for award 

recipients. 

VIII. Other Information: Sets forth 

guidance on funding, compliance with 

various laws, confidentiality, discretionary 

awards, and authorized signatures. 

I. Overview 

On January 22, 2010, the Rural 

Utilities Service (RUS) published its 

Second Round NOFA at 74 FR 3820, 

identifying new funding opportunities 

for Satellite, Rural Library Broadband, 

and Technical Assistance projects. In 

that Second Round NOFA, the Agency 

also noted that more specific 

requirements would be outlined in a 

future Request for Proposals (RFP). This 

RFP details those requirements with 

respect to application contents, as well 

as eligible expenses under each funding 

opportunity. Generally, the following 

changes have been made to each 

funding opportunity: 

Satellite 

For Satellite projects, there have been 

no major changes to the information 

required in the application except for 

the proposed amount per subscriber that 

is requested in federal assistance 

(‘‘Proposed Subscriber Amount’’). This 

amount represents the Applicant’s bid 

to provide the required terms of service, 

in addition to any other proposed terms, 

to any unserved premises in the 

Satellite Region. The eligible costs 

provision has correspondingly been 

modified to reflect that such costs will 

be reimbursed on the proposed 

subscriber amount agreed to by the 

Agency. How a successful Applicant 

applies the grant funds per subscriber 

shall be at its discretion. In addition, the 

requirement that an Applicant offer a 

reduced service package of at least 25 

percent of its December 2009 published 

rates has been eliminated. Upon 

reflection, the Agency has determined 

that such a requirement may not 

accomplish the desired effect, given that 

some providers may already offer better 

rates than other discounted rates, and 

that such an aggressive discount may 

not be feasible. Moreover, imposition of 

the requirement would be unfair to 

existing companies given that new 


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25186 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Notices 

entrants or consortiums would not have 

existing rates. As such, the Agency is 

eliminating the 25 percent discount 

requirement, but now requires that the 

cost of its Basic Service Package, as 

defined in this RFP, not exceed $50 per 

month. 

The Agency will accept National 

Applications which cover at least six of 

the eight Satellite Regions, in addition 

to Regional Applications that cover one 

or more Satellite Regions. However, if 

an applicant chooses to submit a 

National Application, it must submit 

one national proposed subscriber 

amount, whereas Regional Applications 

may contain distinct regional proposed 

subscriber amounts in their regional 

break out. An applicant may submit 

both a National Application and a 

Regional Application covering the same 

Satellite Regions for consideration. 

In addition, the Agency has 

determined that reaching hard to serve 

unserved rural premises may best be 

served by awarding more than one 

Regional or National applicant for the 

same Satellite Region, depending on the 

proposals it receives. 

Rural Library Broadband 

For Rural Library Broadband projects, 

there also have been no changes to the 

requirements of the application, but the 

scope of eligible costs has been 

amplified to encompass associated costs 

with hardware and software to connect 

the Rural Libraries. Connecting the 

Rural Library to a broadband network 

without the necessary equipment to that 

connection would not serve the 

purposes of the program. 

Technical Assistance 

For Technical Assistance projects, the 

requirements of the application have 

been clarified with respect to the 

objective of the plan. Moreover, Indian 

tribes are not required to receive a BIP 

or BTOP award in order to be eligible 

to receive a grant for Technical 

Assistance. 

Eligible costs also have been modified 

to include up to five percent of preapplication expenses so that Applicants 

may adequately lay out their proposal in 

sufficient detail. 

Rural Library Broadband and Technical 

Assistance 

For both Rural Library Broadband and 

Technical Assistance projects, eligible 

entities have been amended to clarify 

that in addition to the Awardees under 

the First Round NOFA and Second 

Round NOFA, only Applicants for the 

Second Round NOFA that ultimately 

receive an Award under that NOFA will 

be considered for these projects. Given 

the timing of this RFP, all Awardees 

under the Second Round NOFA have 

not been determined. As such, Round 

Two Applicants that have not yet been 

notified of the status of their application 

may submit an application for Rural 

Library Broadband and Technical 

Assistance projects at their own risk. 

Satellite, Rural Library Broadband and 

Technical Assistance 

Some definitions have been added to 

effectuate the requirements of Satellite, 

Rural Library Broadband, and Technical 

Assistance projects. 

Based on the number of estimated 

applicants the Agency expects to receive 

for all three projects, it has determined 

that the cost of developing an online 

intake system would not be an effective 

use of Agency resources. Therefore, all 

applications under this RFP must be 

submitted in paper format. 

II. Definitions 

The terms and conditions provided in 

this Request For Proposals (RFP) are 

applicable to, and for the purposes of, 

this RFP only. Unless otherwise 

provided in the award documents, all 

financial terms not defined herein shall 

have the meaning as defined by 

Generally Accepted Accounting 

Principles. 

Administrator means the RUS 

Administrator, or the Administrator’s 

designee. 

Applicant means an entity requesting 

an award under this RFP, and where 

applicable, the First Round NOFA or 

Second Round NOFA. 

Award means a grant made under this 

RFP. 

Awardee means a grantee under this 

RFP, unless otherwise specified. 

Basic Service Package means Satellite 

Broadband Service offered at no greater 

than $50 per month to the end user. 

BIP means the Broadband Initiatives 

Program, administered by the RUS, 

under the Recovery Act. 

Broadband means providing two-way 

data transmission with advertised 

speeds of at least 768 kilobits per 

second (kbps) downstream and at least 

200 kbps upstream to end users, or 

providing sufficient capacity in a 

middle mile project to support the 

provision of broadband service to end 

users. 

BTOP NOFA means the Notice of 

Funds Availability issued under the 

Broadband Telecommunications 

Opportunity Program (BTOP) 

administered by the National 

Telecommunications and Information 

Administration of the Department of 

Commerce and published in the Federal 

Register on January 22, 2010 at 75 FR 

3792. 

CALEA means the Communications 

Assistance for Law Enforcement Act, 47 

U.S.C. 1001 et seq. 

Commercial Service Package means 

the provision of Satellite Broadband 

Service at speeds of at least 2 megabits 

per second (Mbps) downstream and 

greater than 200 kbps upstream to end 

users. 

Critical community facilities means 

public facilities that provide community 

services essential for supporting the 

safety, health, and well-being of 

residents, including, but not limited to, 

emergency response and other public 

safety activities, hospitals and clinics, 

libraries and schools. 

Current ratio means the current assets 

divided by the current liabilities. 

Economic life means the estimated 

useful service life of an asset as 

determined by RUS. 

End-user equipment means, excluding 

desktop or laptop computers, computer 

hardware and software (including antivirus, anti-spyware, and other security 

software), audio or video equipment, 

computer network components, 

telecommunications terminal 

equipment, inside wiring, interactive 

video equipment, or other facilities 

required for the provision and use of 

broadband transmission services. 

Expanded Service Package means the 

provision of Satellite Broadband Service 

at speeds of at least 1.5 Mbps 

downstream and greater than 200 kbps 

upstream to end users. 

First Round NOFA means the NOFA 

published in the Federal Register, Vol. 

74, No. 130, Thursday, July 9, 2009 at 

FR 33104. 

GAAP means generally accepted 

accounting principles. 

Grant agreement means the agreement 

between RUS and the Awardee for 

grants awarded under this RFP, 

including any amendments thereto, 

available for review at http:// 

www.broadbandusa.gov. 

Grant documents mean the grant 

agreement and security documents 

between the RUS and the Awardee and 

any associated documents pertaining to 

the grant. 

Grant funds mean federal funds 

provided pursuant to a grant made 

under this RFP. 

Indian tribe means, as provided in 

section 4 of the Indian SelfDetermination and Education 

Assistance Act, 25 U.S.C. 450b, any 

Indian tribe, band, nation, or other 

organized group or community, 

including any Alaska Native village or 

regional or village corporation as 

defined in or established pursuant to the 


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Alaska Native Claims Settlement Act, 43 

U.S.C.A. § 1601 et seq., which is 

recognized as eligible for the special 

programs and services provided by the 

United States to Indians because of their 

status as Indians. 

National Application shall mean a 

Satellite application covering at least six 

of the Satellite Regions, and shall be 

treated as a single application. 

Proposed Subscriber Amount means, 

for a Satellite Project, the amount which 

the Applicant proposes to accept in 

federal assistance as payment in 

exchange for providing broadband 

service, on the terms as identified in its 

proposal and as required in this RFP, to 

each eligible unserved, rural premises. 

RE Act means the ‘‘Rural 

Electrification Act of 1936,’’ as amended 

(7 U.S.C. 901 et seq.). 

Recovery Act means the American 

Recovery and Reinvestment Act of 2009, 

Public Law 111–5, 123 Stat. 115 (2009). 

Region means either multijurisdictional areas, as proposed by an 

Applicant, within a state, territory, or 

Federally-designated tribal land or an 

area that crosses state, territory, or tribal 

boundaries. 

Regional Application shall mean a 

Satellite application for one or more 

Satellite Regions, which shall be treated 

as a separate application for each of the 

Satellite Regions being applied for. 

Rural area means any area, as 

confirmed by the latest decennial 

census of the Bureau of the Census, 

which is not located within: (1) A city, 

town, or incorporated area that has a 

population of greater than 20,000 

inhabitants; or (2) an urbanized area 

contiguous and adjacent to a city or 

town that has a population of greater 

than 50,000 inhabitants. For purposes of 

the definition of rural area, an urbanized 

area means a densely populated 

territory as defined in the latest 

decennial census of the Bureau of the 

Census. 

Rural Library means a library in a 

rural area. 

RUS Accounting Requirements shall 

mean compliance with U.S. GAAP, 

acceptable to RUS, as well as 

compliance with the requirements of the 

applicable regulations: 7 CFR 3015, 

3016, or 3019 or the system of accounts 

prescribed by RUS Bulletin 1770B–1. 

Satellite Broadband Service means 

broadband that is delivered to the end 

user through a satellite based system 

and not an ancillary or terrestrial based 

system. 

Satellite Project means any project to 

provide Satellite Broadband Service to 

unserved rural premises (including 

households, businesses, public safety 

entities, and critical community 

facilities). 

Satellite Region means any of the 

eight regions available for a satellite 

project, identified in Section IV.C.1(a). 

Second Round NOFA means the 

NOFA published in the Federal 

Register, Vol. 75, No. 14, Friday, 

January 22, 2010 at FR 3820. 

Telecommunications terminal 

equipment means telecommunications 

equipment at the end of a circuit or path 

of a signal, including but not limited to 

facilities that receive or transmit over 

the air broadcast, satellite, and 

microwave, normally located on the 

premises of the end user, that interface 

with telecommunications transmission 

facilities, and that is used to modify, 

convert, encode, or otherwise prepare 

signals to be transmitted via such 

telecommunications facilities, or that is 

used to modify, reconvert, or carry 

signals received from such facilities, the 

purpose of which is to accomplish the 

goal for which the circuit or signal was 

established. 

USDA Region means either multijurisdictional areas, as designated or 

defined by the Secretary of Agriculture, 

within a state, territory, or Federallydesignated tribal land or an area that 

crosses state, territory, or tribal 

boundaries. 

III. Funding Opportunity Description 

A. Funding Categories 

1. Satellite Projects 

Applicants must propose to serve 

only unserved rural premises in any of 

the Satellite Regions listed in Section 

IV.C.1(a) of this RFP. Applicants may 

propose to serve more than one Satellite 

Region by submitting a Regional 

Application which is broken out for 

each Satellite Region it proposes to 

serve, and/or by submitting a National 

Application covering at least six of the 

Satellite Regions. National Applications, 

however, must contain only one 

national proposed subscriber amount, 

whereas Regional Applications broken 

out for each Satellite Region may 

contain distinct proposed subscriber 

amounts. One or two Applicants may be 

selected to serve each Satellite Region. 

Funds will be disbursed among the 

eight Satellite Regions listed in Section 

IV.C.1(a), as the Agency determines is 

necessary to promote geographic 

diversity of funding throughout each 

Satellite Region, and funds will be 

divided within the same Satellite 

Region, if two awardees are chosen, 

based on the strength of each proposal. 

At a minimum, an application for 

Satellite projects must commit to 

providing no cost customer premise 

equipment CPE (including no 

installation, activation, or other fees) for 

all packages offered. In addition, the 

Basic Service Package must be offered at 

a rate no higher than $50 per month for 

at least one year with no length of 

service requirements, unless the 

Applicant offers the Basic Service 

Package at less than $40 per month. In 

such case, the Applicant may propose a 

one-year contract requirement, if an 

unconditional 30-day cancellation 

clause is provided. There are no length 

of service requirements or price 

requirements for Expanded Service 

Packages or Commercial Service 

Packages. 

If no applications are received for a 

given Satellite Region, the 

Administrator may request applications 

for that Satellite Region from existing 

Applicants under this RFP. Moreover, if 

the Administrator determines that no 

applications are acceptable for a 

Satellite Region, the Agency may 

request Applicants that submitted 

applications for that Satellite Region to 

submit amended applications. If the 

Agency is still unable to receive an 

acceptable application from such 

Applicants, then the Administrator 

reserves the right to request applications 

from Applicants for other Satellite 

Regions, or not to award the Satellite 

Region. 

2. Rural Library Broadband Grants 

Awardees under the First Round 

NOFA or Second Round NOFA, or 

Applicants under the Second Round 

NOFA may submit a grant request for 

providing a broadband connection to 

any rural library in their proposed 

funded service area that was 

constructed or to be constructed with 

funding from USDA’s Community 

Facilities program of the Rural Housing 

Service and that is without broadband 

service. The grant request must include 

the broadband connection to such rural 

library. Such costs need not have been 

addressed in the original application 

submitted under the First Round NOFA 

or Second Round NOFA. If the costs 

were addressed, however, in the original 

application, the Applicant may request 

that such costs be converted to grant 

funds. Rural libraries that already have 

a broadband connection are ineligible 

for this program. 

In addition to the connection to these 

unserved rural libraries, Applicants may 

also request funds to accommodate up 

to 10 workstations, as well as critical 

End-user Equipment and 

Telecommunications Terminal 

Equipment, as defined herein, to ensure 

that broadband service is not only 


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1Applicants under the Second Round NOFA that 

have not yet been notified of the status of their 

application may apply for assistance; however, such 

submissions are at the applicant’s own risk. Only 

those applicants that are ultimately selected as 

Awardees under the Second Round NOFA will be 

eligible to receive an award for Rural Library 

Broadband projects. 

available, but can be used by the 

residents of the community to be served. 

If the Applicant will not be solely 

responsible for grant assets located in 

the rural library, then the rural library 

must be a co-applicant for the grant. 

3. Technical Assistance Grants 

Awardees under the First Round 

NOFA or Second Round NOFA, 

Applicants under the Second Round 

NOFA, or Indian Tribes may submit an 

additional grant request for funding 

regional broadband development 

planning activities associated with 

regions or USDA Regions in rural areas. 

In order to leverage these grants with 

the Rural Business Opportunity Grants 

(RBOG) of USDA’s Rural Business— 

Cooperative Service (RBS), see 75 FR 

15406 (Mar. 29, 2010), RUS is likewise 

encouraging applications that are 

designed to help rural areas in the 

region create wealth so that they are 

self-sustaining, repopulating, and 

thriving economically. Applicants must 

specifically address the following RBOG 

key strategy: Use of broadband and 

other critical infrastructure as a strategy 

to facilitate local entrepreneurship and 

expansion of market opportunities for 

small businesses. Similar to the RBOG 

program, RUS also seeks applications 

that attempt to promote broadband 

strategies through a regional approach. 

Regions can be either multijurisdictional areas within a state, 

territory, or Federally-designated tribal 

land or can cross state, territory, or 

tribal boundaries, either defined by the 

applicant or defined or designated by 

the Secretary. 

Regional applications should focus on 

the broadband-related outcomes that 

promote economic integration and 

cohesion of their self-defined 

geographic area. This approach is 

intended to combine the resources of 

the Agency with those of State and local 

governments, educational institutions, 

and the private and nonprofit sectors to 

implement regional economic and 

community development strategies. In 

addition, in order to effectively leverage 

other resources, Applicants should 

identify other related programs such as 

those of the Department of 

Transportation, Health and Human 

Services, Education, Homeland 

Security, the Federal Communications 

Commission (FCC), Telemedicine 

Program of the Indian Health Service, 

and similar State and local programs. 

For example, a local community with 

limited broadband connectivity has 

proposed an industrial park to bring 

new jobs to the community. A regional 

proposal could include the proposal for 

a new industrial park identifying and 

leveraging State and Federal Department 

of Transportation resources for road 

construction, broadband infrastructure 

loans and grant from the RUS, and 

resources from Health and Human for a 

regional hospital and business models 

to attract new businesses to the area. 

The goal being to develop 

comprehensive plans that foster 

collaboration and leveraging of 

resources between local, state and 

federal agencies and focus on wealth 

and job creation through the use of 

broadband. Regional broadband 

development strategy proposals may be 

used by Awardees and regionally-based 

community leaders to support 

applications for other local, federal and 

state programs in order to meet the 

overall objectives of the plan. 

By fostering the development of 

rigorous regional broadband strategies, 

RUS anticipates that Technical 

Assistance Awardees will also be able to 

submit more focused applications in the 

future to RUS’ Infrastructure 

Telecommunications, Rural Broadband 

Access, Community-Oriented 

Connectivity Broadband, and Distance 

Learning and Telemedicine grant and 

loan programs. As such, Applicants are 

encouraged to consider the creation of a 

market study, an engineering plan for a 

broadband network, and a pro forma 

financial analysis of any potential loan. 

Applicants are encouraged to consider 

all available resources in their 

geographic area that can contribute to 

supporting this broadband strategy. 

After selection, in addition to grant 

funding under this RFP, grantees may be 

provided with targeted technical 

assistance by USDA or other federal 

agencies as available and appropriate. 

To ensure that a broad range of 

communities have the opportunity to 

benefit from the program, individual 

grants will be limited to $200,000. The 

amount of the request should cover the 

costs of developing the plan. RUS, in its 

discretion, may decrease the requested 

award amount based on its evaluation of 

an application and based on the level of 

funding available for this program. 

B. Available Funds 

1. General 

Subject to Section III.B.5 below, 

approximately $105,000,000 in funding 

has been set aside for funding 

opportunities under the Second Round 

NOFA for the following projects and 

this RFP. 

2. Funding Targets 

Award amounts under this RFP will 

be targeted as follows: 

a. Satellite Projects 

Up to $100,000,000 is available for 

grants for Satellite projects. 

b. Rural Library Broadband Projects 

Up to $2,000,000 is available for 

grants for Rural Library Broadband 

projects. 

c. Technical Assistance Projects 

Up to $3,000,000 is available for 

grants for Technical Assistance projects. 

3. Award Period 

All awards must be made and funding 

obligated by September 30, 2010. 

4. Type of Funding Instrument 

The funding instruments will be 

grants. 

5. Additional Available Funding From 

the First and Second Round NOFAs 

Funding that remains available from 

the First Round NOFA or the Second 

Round NOFA may be used to provide 

additional funding for the categories 

listed above in Section III.B.2. 

IV. Eligibility Information 

A. General 

Applicants must satisfy the following 

eligibility requirements to qualify for 

funding. 

B. Eligible Entities 

1. Satellite Projects 

a. A satellite Internet Service Provider 

(ISP); 

b. A reseller of satellite ISP service; 

c. A distributor or dealer of satellite 

ISP service; and 

d. A consortium of a, b, or c above, 

except for a consortium of more than 

one satellite ISP. 

2. Rural Library Broadband Projects 

The following entities are eligible to 

apply for assistance: 

a. Awardees under the First Round 

NOFA or Second Round NOFA; and 

b. Applicants under the Second 

Round NOFA.1

3. Technical Assistance Projects 

The following entities are eligible to 

apply for assistance: 

a. Awardees under the First Round 

NOFA or Second Round NOFA; 


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2Applicants under the Second Round NOFA that 

have not yet been notified of the status of their 

application may apply for assistance; however, such 

submissions are at the applicant’s own risk. Only 

those applicants that are ultimately selected as 

Awardees under the Second Round NOFA will be 

eligible to receive an award for Technical 

Assistance projects. 

b. Applicants under the Second 

Round NOFA 2; and 

c. Indian Tribes 

C. Eligible Grant Expenses 

1. Satellite Award Expenses 

a. Unserved Rural Premises 

Grant funds may only be expended for 

eligible purposes, as provided in 

Section IV.C.1.b below, to unserved 

rural premises in the Satellite Region(s) 

for which the Applicant has applied. 

The eight Satellite Regions encompass 

the following states: Region 1 

Washington, Oregon, California, 

Nevada, Idaho, Utah, Arizona; Region 2 

Montana, Wyoming, North Dakota, 

South Dakota, Nebraska, Minnesota, 

Iowa, Wisconsin, and Illinois; Region 3 

Colorado, New Mexico, Kansas, 

Oklahoma, Texas, Missouri, Arkansas, 

and Louisiana; Region 4 Michigan, 

Indiana, Ohio, Kentucky, West Virginia, 

Pennsylvania, and Virginia; Region 5 

Tennessee, Mississippi, Alabama, 

Georgia, Florida, South Carolina, and 

North Carolina; Region 6 Maryland, 

Delaware, New Jersey, New York, 

Connecticut, Rhode Island, 

Massachusetts, New Hampshire, 

Vermont, and Maine; Region 7 Alaska; 

and Region 8 Hawaii. 

Notwithstanding, unserved rural 

premises within the existing service 

area of current RUS borrowers currently 

in build-out, or the service areas of Last 

Mile Awardees under the First Round 

NOFA, Second Round NOFA or the 

BTOP NOFA shall be ineligible for grant 

funding, regardless of whether the 

premises are unserved, so as to not 

compete with RUS or Recovery Act 

projects being built. These areas can be 

found at http:// 

www.broadbandUSA.gov. 

b. To reimburse costs for the 

provision of broadband service to 

eligible, unserved rural premises 

defined in Section IV.C.1.a above, at the 

agreed upon proposed subscriber 

amount. 

2. Eligible Rural Library Broadband 

Expenses 

a. Award funds must be used by the 

Applicant to pay for the last mile 

connection to the rural library; 

b. Award funds may be used by the 

Applicant to pay for the following: 

1. The costs for up to 10 desktop or 

laptop computers and individual 

workstations located within the rural 

library; 

2. End-user equipment needed to 

carry out the project; 

3. The costs for the improvement of 

the rural library in order to 

accommodate, if necessary, the 

individual workstations; or 

4. The cost of providing broadband 

service, free of charge, to the rural 

library for up to 2 years. 

3. Eligible Technical Assistance 

Expenses 

Award funds may be used by the 

Applicant: 

a. To fund the proposed technical 

assistance for regional broadband 

development planning activities 

associated with a region or USDA region 

in rural areas. Such technical assistance 

must include planning, technical and 

economic expertise; 

b. To reimburse up to 5 percent of the 

costs of the total proposed budget for 

pre-application expenses incurred no 

earlier than the date of the publication 

of the Second Round NOFA, January 22, 

2010; 

c. To fund the cost of a market study 

of the selected region; 

d. To fund the cost of an engineering 

design for a broadband network to cover 

the selected region; and 

e. To fund the cost of creating a pro 

forma financial analysis of a proposed 

future loan. 

V. Application and Submission 

Information 

A. Request for Application Package 

Complete application packages, 

including required federal forms and 

instructions, will be available at http:// 

www.broadbandusa.gov. Additional 

information can be found in the 

Application Guidelines at http:// 

www.broadbandusa.gov. This Web site 

will be updated regularly. 

B. Registration 

1. DUNS Number 

All Applicants must supply a Dun 

and Bradstreet Data Universal 

Numbering System (DUNS) number. 

Applicants can receive a DUNS number 

at no cost by calling the dedicated tollfree DUNS number request line at 

1–866–705–5711 or via the Internet at 

http://www.dunandbradstreet.com. 

2. Central Contractor Registration (CCR) 

All Applicants must provide a CCR 

(CAGE) number evidencing current 

registration in the CCR database. If the 

Applicant does not have a current CCR 

(CAGE) number, the Applicant must 

register in the CCR system available at 

http://www.ccr.gov/ 

StartRegistration.aspx. Applicants are 

encouraged to register early due to 

potential delays in registration. 

C. Contents of the Application 

1. Requirements for Applications for 

Satellite Projects 

A complete application will include 

the following, broken out to the extent 

possible for each Satellite Region being 

applied for if not a National 

Application: 

a. The identity of the Applicant or coapplicants and general Applicant and 

project information including: 

i. A description of the project that will 

be made public consistent with the 

requirements of the Recovery Act; 

ii. The Congressional District of the 

Applicant’s headquarters; 

b. An executive summary of the 

project, including the Satellite Region(s) 

for which the Applicant is applying, 

whether it is a National Application, 

and the number of unserved rural 

premises proposed to be served by the 

applicant within the Satellite Region(s); 

c. A description of the Applicant’s 

ability to cover the entire Satellite 

Region(s) being applied for; 

d. A description of the proposed 

service offerings, including quality of 

service, transmission speed, associated 

pricing plans for a Basic Service 

Package, an Expanded Service Package, 

and a Commercial Service Package, how 

its rates will be affordable to lowincome households, and how the 

service will be marketed throughout the 

entire Satellite Region(s) being applied 

for. The proposed service offerings of 

the proposal must include the provision 

of no cost CPE (including no 

installation, activation, or other fees) for 

all packages offered. In addition, the 

Basic Service Package must be offered at 

a rate no higher than $50 per month for 

at least one year with no length of 

service requirements, unless the 

Applicant offers the Basic Service 

Package at less than $40 per month. In 

such case, the Applicant may propose a 

one-year contract requirement, if an 

unconditional 30-day cancellation 

clause is provided. There are no length 

of service requirements or price 

requirements for Expanded Service 

Packages or Commercial Service 

Packages; 

e. Re ́sume ́s of key management 

personnel, a description of the 

organization’s readiness to manage a 

broadband services network, and an 

organizational chart showing any parent 

organizations and/or subsidiaries and 

affiliates; 

f. A legal opinion (as set forth in the 

application) that: (1) Addresses the 


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Applicant’s ability to enter into the 

award documents; (2) describes all 

material pending litigation matters; and 

(3) addresses the Applicant’s ability to 

pledge security as required by the award 

documents; 

g. The total amount of the proposal, 

the amount which the Applicant is 

requesting in assistance, and the 

proposed subscriber amount (note only 

regional applications may contain 

distinct proposed subscriber amounts); 

h. Pro forma financial analysis related 

to the sustainability of the project, 

including subscriber estimates and 

proposed service offerings in addition to 

broadband Internet access; annual 

financial projections including balance 

sheets, income statements, and cash 

flow statements and supporting 

assumptions for a five-year forecast 

period as applicable; and evidence of 

committed sources of capital funding 

required to sustain the operation; 

i. Historical financial statements, 

Certified Public Accountant (CPA) 

audits if applicable, for the previous two 

calendar years; 

j. Certifications required in the 

application; 

k. The pricing package being offered 

to critical community facilities, if any; 

l. A list of all outstanding and 

contingent obligations, including copies 

of existing notes, loan and security 

agreements, and guarantees; 

m. A detailed description of working 

capital requirements and the source of 

these funds; 

n. A description of measurable service 

metrics and target service level 

objectives (SLOs) (e.g., the speed with 

which new service will be established, 

service availability, and response time 

for reports of system failure at a 

residence) that will be provided to the 

customer, and a description of the 

approach and methodology for 

monitoring ongoing service delivery and 

service quality for the services being 

employed. 

2. Requirements for Rural Library 

Broadband Projects 

A complete application will include 

the following: 

a. The identity of the Applicant, and 

co-Applicant, if any, and general 

Applicant and project information; 

b. A description of the project that 

will be made public consistent with the 

requirements of the Recovery Act; and 

c. The estimated dollar amount of the 

funding request, including an itemized 

budget for the associated costs for the 

last mile connection to the rural library, 

and any additional costs the Applicant 

seeks, such as required improvements to 

the rural library to accommodate 

individual workstations, up to 10 

desktop or laptop computers and 

individual workstations to be located 

within the rural library, end-user 

equipment and telecommunications 

terminal equipment needed to carry out 

the project, and the cost of providing 

free broadband service to the rural 

library for up to 2 years; 

d. An executive summary of the 

project as detailed in the application; 

e. A certification that no broadband 

connection exists to the rural library, 

and that the rural library has or will 

receive a Community Facilities award; 

f. A description of the quality of the 

service being provided; 

g. A description of the benefits to the 

community or communities to be served 

by the rural library broadband 

connection; and 

h. A completed Environmental 

Questionnaire, other documentation 

requests, and required environmental 

authorizations and permits, including 

those required by the National 

Environmental Policy Act of 1969, as 

amended (42 U.S.C. 4321 et seq.) 

(NEPA), the National Historic 

Preservation Act of 1966, as amended 

(16 U.S.C. 470 et seq.) (NHPA), and the 

Endangered Species Act of 1973, as 

amended (16 U.S.C. 1534 et seq.) (ESA) 

as applicable. 

3. Requirements for Technical 

Assistance Projects 

A complete application, which must 

not exceed twenty (20) consecutively 

numbered, 8.5 x 11-inch pages of singlespaced, standard 12-point type with 1- 

inch margins, must provide the 

following information: 

a. An overview of the plan to address 

the following USDA key strategy: Use of 

broadband and other critical 

infrastructure as a strategy to facilitate 

local entrepreneurship and expansion 

of market opportunities for small 

businesses; 

b. The description of the identified 

Region or USDA Region in need of 

assistance; 

c. An explanation of the economic 

integration and cohesion that will be 

created in the Region or USDA Region 

with the Award. Proposals with detailed 

plans for a market study, engineered 

broadband network, or pro forma 

financial analysis will be favored. The 

qualifications of consultants to provide 

such work should also be addressed; 

d. Evidence of resources which will 

be used to implement the regional 

economic and community development 

strategies, such as letters of 

endorsement from State and local 

governments, educational institutions, 

and the private and nonprofit sectors; 

e. The identity of communities within 

the Region or USDA Region that would 

be eligible under RUS’ Infrastructure 

Telecommunications, Rural Broadband 

Access, Community-Oriented 

Connectivity Broadband, and/or 

Distance Learning and Telemedicine 

grant and loan programs, and basic data 

regarding population, numbers of 

households, numbers and types of 

businesses, local revenue and 

employment should be provided; 

f. The amount of the grant request, 

supported by a detailed budget estimate 

to create the plan; 

g. A list of the objectives of the plan 

and why the objectives are important. 

This section should also include any 

background or introductory information 

that would help explain the objectives. 

h. An outline of the research design, 

methods, analytical tools, and 

techniques that the applicant intends to 

use in meeting the objectives stated 

above. Methods must be clearly stated 

so that the agency can evaluate the 

appropriateness of the applicant’s 

approach and tools to be used. A 

statement such as: ‘‘we will evaluate the 

data using the usual statistical methods’’ 

is not specific enough for evaluation. 

i. Describe the expected results, 

benefits, and outcomes the applicant 

expects to achieve if awarded the grant 

and the potential benefits of the results 

to the communities and region served in 

the plan. A clear, concise description 

will help the agency understand the 

merits of the proposal; and 

j. Discuss other information relevant 

to the potential success of the project. 

This should include facilities, personnel 

expertise/experience, project schedules, 

proposed management, interactions 

with other institutions, etc. 

Applications for multi-investor projects 

must identify project management and 

the functions of each investigator in 

each team and describe plans to 

communicate and share data. 

D. Material Representations 

The application, including 

certifications, and all forms submitted 

as part of the application will be treated 

as a material representation of fact upon 

which RUS will rely in awarding grants. 

VI. Application Evaluation, Processing, 

and Implementation Procedures 

A. Satellite Projects 

The United States will be divided into 

eight service area regions eligible for 

Satellite applications (Satellite Regions). 

Applicants must propose serving only 

unserved rural premises in any of the 

eight Satellite Regions listed in Section 

IV.C.1(a) in this RFP; provided, 


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however, existing service areas where 

broadband capable service is in the 

process of being built-out by current 

RUS borrowers, or the service areas of 

Last Mile Awardees under the First 

Round NOFA, Second Round NOFA, or 

BTOP NOFA shall be ineligible for grant 

funding, regardless of whether the 

premises are unserved. Applicants may 

submit an application for more than one 

Satellite Region; however, each Satellite 

Region in the application must be 

broken out so that the Agency can 

analyze the proposal for each Satellite 

Region individually. Applicants may 

also submit a National Application 

covering at least six Satellite Regions, 

but such application will be limited to 

providing only one proposed subscriber 

amount for federal assistance. 

Regional and National Applications 

will be evaluated on the strength of their 

proposals and the extent to which 

unserved rural premises will benefit 

under their proposals. The price of the 

service to the end-user, the proposed 

subscriber amount, the length of any 

proposed discounted service, the quality 

and transmission speed of the proposed 

services, especially the Basic Service 

Package, how potential requests for 

service will be handled, and the amount 

of outside investment in the project will 

all be considered as a whole. 

Successful Applicants will be notified 

of the details of the award, and must 

accept the offer within the time 

specified in the grant offer. Applicants 

that are not able to do so will be 

rejected, and the next qualifying 

Applicant may be selected for the 

Satellite Region. RUS, at its discretion, 

reserves the right to decline funding in 

any Satellite Region for which no 

satisfactory application is received. 

Awardees will be advanced funds no 

more than once per month for 

reimbursing the connection of new 

unserved, rural premises. The Awardee 

shall be entitled to the approved 

proposed subscriber amount of federal 

assistance for each new eligible 

subscriber. 

If no applications are received for a 

given Satellite Region, the 

Administrator may request applications 

for that Satellite Region from existing 

Applicants under this RFP. Moreover, if 

the Administrator determines that no 

applications are acceptable for a 

Satellite Region, the Agency may 

request Applicants that submitted 

applications for that Satellite Region to 

submit amended applications. If the 

Agency is still unable to receive an 

acceptable application from such 

Applicants, then the Administrator 

reserves the right to request applications 

from Applicants for other Satellite 

Regions, or not to award the Satellite 

Region. 

B. Rural Library Broadband Grants 

Applications for Rural Library 

Broadband grants will be evaluated in 

terms of the benefit to the rural library 

benefitting from the grant, as well as the 

benefits to the community to be served. 

The quality of the broadband service 

being provided, the length of any 

proposed free service or additional 

discounted service, the conditions of the 

community to be served, such as 

unemployment rate or income levels, 

and the reasonableness of costs will all 

be considered as a whole. RUS, in its 

discretion, may increase or decrease the 

requested award amount based on its 

evaluation of the reasonableness of the 

costs and the level of funding available 

for this program. 

C. Technical Assistance Grants 

Applications for Technical Assistance 

grants will be evaluated on the strength 

and scope of the regional broadband 

development strategies and plan to 

address the logical components of a 

broadband plan. Moreover, the extent to 

which existing infrastructure will be 

integrated in the region, the number of 

unserved communities that will be 

connected, how regional economic 

development will be promoted, and the 

strength of the Applicant will all be 

considered in the evaluation. 

Applicants may request up to $200,000. 

RUS, in its discretion, may decrease the 

requested award amount based on its 

evaluation of the application and the 

level of funding available for this 

program. The Agency reserves the right 

to reject Applications that do not 

conform to the page, font, and spacing 

requirements of Section V.C.3. 

VII. Award Administration Information 

A. Award Notices 

Successful Applicants will receive 

award documents from RUS following 

award notification. Applicants may 

view sample award documents at 

http://www.broadbandusa.gov. 

B. Administrative Requirements 

1. Pre-Award conditions 

No funds will be disbursed under this 

program until all other sources of 

funding have been obtained and any 

other pre-award conditions have been 

met. Failure to obtain one or more 

sources of funding committed to in the 

Application or to fulfill any other preaward condition within 30 days of 

award announcement will result in 

withdrawal of the award. 

2. Failure To Comply With Award 

Requirements 

If an Awardee fails to comply with the 

terms of the award as specified in the 

award documents, RUS may exercise 

rights and remedies. 

3. Advance Procedures 

RUS grant advances are made at the 

request of the Awardee according to the 

procedures stipulated in the grant 

documents. 

4. Accounting, Monitoring, and 

Reporting Requirements 

Awardees must follow RUS’ 

accounting, monitoring, and reporting 

requirements. These requirements, 

which are specified in the award 

documents, include, but are not limited 

to, the following: 

a. Awardees must adopt a GAAP 

system of accounts acceptable to RUS, 

and which complies with RUS 

Accounting Requirements, as defined 

herein; 

b. Awardees must submit annual 

audited financial statements along with 

a report on compliance and on internal 

control over financial reporting, and a 

management letter in accordance with 

the requirements of 7 CFR part 1773. 

The CPA conducting the annual audit is 

selected by the Awardee and must be 

approved by RUS as set forth in 7 CFR 

1773.4; 

c. Awardees must submit to RUS the 

information as specified in Section 

VII.D.2 of this RFP; 

d. Awardees must comply with all 

reasonable RUS requests to support 

ongoing monitoring efforts. The 

Awardee shall afford RUS, through its 

representatives and representatives of 

the USDA Office of Inspector General, 

reasonable opportunity at all times 

during business hours and upon prior 

notice, to have access to and the right 

to inspect the broadband system, and 

any other property encumbered by the 

mortgage or security agreement, and any 

or all books, records, accounts, invoices, 

contracts, leases, payrolls, timesheets, 

cancelled checks, statements, and other 

documents, electronic or paper of every 

kind belonging to or in the possession 

of the Awardee or in any way pertaining 

to its property or business, including its 

subsidiaries, if any, and to make copies 

or extracts therefrom. 

5. Assistance Instruments 

a. Terms and conditions of grants are 

set forth in the non-negotiable standard 

grant agreement found at http:// 

www.broadbandusa.gov. 

b. Grant documents appropriate to the 

project must be executed prior to any 

advance of funds. 


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3See Recovery Act section 6001(e)(4), 123 Stat. at 

514. 

4See, e.g., 2 CFR pt. 176; OMB, Interim Final 

Guidance for Federal Financial Assistance, 74 FR 

18449 (Apr. 23, 2009); Implementing Guidance for 

Reports on Use of Funds Pursuant to the American 

Recovery and Reinvestment Act of 2009 (OMB M– 

09–21 June 22, 2009); and Updated Guidance on the 

American Recovery and Reinvestment Act of 2009 

(OMB M–10–08 Dec. 18, 2009). 

5Recovery Act section 1512(c), 123 Stat. at 287. 

C. Award Terms and Conditions 

1. Scope 

Awardees, including all contractors 

and subcontractors, are required to 

comply with the obligations set forth in 

the Recovery Act and the requirements 

established herein. Any obligation that 

applies to the Awardee shall extend for 

the life of the awarded-funded facilities. 

2. Sale or Lease of Project Assets 

The sale or lease of any portion of the 

award-funded broadband facilities shall 

be governed by the applicable Grant 

Agreement and the Department’s grant 

regulations at 7 CFR parts 3015, 3016, 

and 3019. Terms under which grant 

assets can be sold are outlined in the 

Department’s grant regulations cited 

above. 

3. Certifications 

a. The Applicant must certify that he 

or she is authorized to submit the 

application on behalf of the eligible 

entity(ies) listed on the application; that 

the Applicant has examined the 

application, that all of the information 

in the application, including 

certifications and forms submitted, all of 

which are part of the application, are 

material representations of fact and true 

and correct to the best of his or her 

knowledge; that the entity(ies) that is 

requesting funding pursuant to the 

application and any subawardees will 

comply with the terms, conditions, 

purposes, and federal requirements of 

the program; that no kickbacks were 

paid to anyone; and that a false, 

fictitious, or fraudulent statement or 

claim on this application is grounds for 

denial or termination of an award, and/ 

or possible punishment by a fine or 

imprisonment as provided in 18 U.S.C. 

1001 and civil violations of the False 

Claims Act (31 U.S.C. 3729 et seq.); 

b. The Applicant certifies that the 

entity(ies) he or she represents have and 

will comply with all applicable Federal, 

state, and local laws, rules, regulations, 

ordinances, codes, orders, and 

programmatic rules and requirements 

relating to the project.3 The Applicant 

acknowledges that failure to do so may 

result in rejection or deobligation of the 

award. The Applicant acknowledges 

that failure to comply with all Federal 

and program rules could result in civil 

or criminal prosecution by the 

appropriate law enforcement 

authorities; 

D. Reporting Requirements 

1. General Recovery Act Requirements 

a. OMB Reporting Requirements 

Implementing the Recovery Act 

Any grant awarded under the Second 

Round NOFA and this RFP shall be 

subject to the applicable statutes and 

regulations regarding reporting on 

Recovery Act funds.4 If Recovery Act 

funds are combined with other funds to 

fund or complete projects and activities, 

Recovery Act funds must be accounted 

for separately from other funds and 

reported to RUS or any federal web site 

established for Recovery Act reporting 

purposes. Moreover, recipients of funds 

under this RFP must also comply with 

the accounting requirements as 

established or referred to in this RFP. 

b. Required Data Elements 

The Awardee and each contractor 

engaged by the Awardee must submit 

the following information to the 

relevant Agency: 

i. The total amount of Recovery Act 

funds received; 

ii. The amount of Recovery Act funds 

received that were expended or 

obligated to projects or activities; 

iii. A detailed list of all projects or 

activities for which Recovery Act funds 

were expended or obligated, including 

(1) the name of the project or activity; 

(2) a description of the project or 

activity; (3) an evaluation of the 

completion status of the project or 

activity; (4) an estimate of the number 

of jobs created and the number of jobs 

retained by the project or activity; and 

(5) for infrastructure investments made 

by state and local governments, the 

purpose, total cost, and rationale of the 

Agency for funding the infrastructure 

investment with Recovery Act funds, 

and name of the person to contact at the 

Agency if there are concerns with the 

infrastructure investment; and 

iv. Detailed information on any 

subcontracts or subgrants awarded by 

the Awardee to include the data 

elements required to comply with the 

Federal Funding Accountability and 

Transparency Act of 2006 (Pub. L. 109– 

282, 120 Stat. 1186 (to be codified at 31 

U.S.C. 6101 note), allowing aggregate 

reporting on awards below $25,000 or to 

individuals.5

Awardees that must report 

information according to paragraph b(iv) 

of this section (re: Subcontracts or 

subgrants) must register with the CCR 

database (http://www.ccr.gov/) or 

complete other registration 

requirements as determined by the 

Director of OMB. 

c. Reporting Deadlines 

Recovery Act reports are due no later 

than 10 calendar days after each 

calendar quarter in which the Awardee 

receives the assistance award funded in 

whole or part with award funds. The 

final report should summarize the 

Awardee’s quarterly filings and state 

whether the project’s goals have been 

satisfied. Pursuant to OMB Guidelines, 

reports should be submitted 

electronically to http:// 

www.federalreporting.gov. If the 

Awardee fails to submit an acceptable 

quarterly report or audited financial 

statement within the timeframe 

designated in the grant award, the 

agencies may suspend further payments 

until the Awardee complies with the 

reporting requirements. Additional 

information regarding reporting 

requirements will be specified at the 

time the award is issued. 

2. BIP-Specific Reporting Requirements 

In addition to the general Recovery 

Act reporting requirements, Satellite 

Awardees shall submit to RUS 30 

calendar days after the end of each 

calendar year quarter, balance sheets, 

income statements, statements of cash 

flow, rate package summaries, and the 

number of unserved, rural premises 

taking broadband service utilizing RUS’ 

Broadband Collection and Analysis 

System (BCAS). BCAS is an electronic 

reporting system that is accessed 

through the Internet. 

VIII. Other Information 

A. Funding Rounds 

This is the final funding round for 

BIP. 

B. Discretionary Awards 

The government is not obligated to 

make any award as a result of this 

announcement, and will fund only 

projects that are deemed likely to 

achieve the program’s goals and for 

which funds are available. 

C. Limitation on Expenditures 

The Recovery Act imposes an 

additional limitation on the use of funds 

expended or obligated from 

appropriations made pursuant to its 

provisions. Specifically, for purposes of 

this RFP, none of the funds 

appropriated or otherwise made 


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6 Id. Section 1604, 123 Stat. at 303. 

7 Id. Section 1606, 123 Stat. at 303. 

8See OMB, Interim Final Guidance for Federal 

Financial Assistance, 74 FR 18449 (Apr. 23, 2009). 

9See Recovery Act section 6001(i)(5), 123 Stat. at 

515. 10See id. sections 1511, 1526, 123 Stat. at 287, 

293. 

available under the Recovery Act may 

be used by any state or local 

government, or any private entity, for 

any casino or other gambling 

establishment, aquarium, zoo, golf 

course, or swimming pool.6

D. Recovery Act Logo 

All projects that are funded by the 

Recovery Act shall display signage that 

features the Primary Emblem 

throughout the construction phase. The 

signage should be displayed in a 

prominent location on site. Some 

exclusions may apply. The Primary 

Emblem should not be displayed at a 

size less than six inches in diameter. 

E. Environmental and National Historic 

Preservation Requirements 

Awarding agencies are required to 

analyze the potential environmental 

impacts, as required by the NEPA and 

the NHPA for Applicant projects or 

proposals seeking Recovery Act 

funding. All Applicants are required to 

complete the Environmental 

Questionnaire under the description of 

program activities and to submit all 

other required environmental 

documentation with the application. 

It is the Applicant’s responsibility to 

obtain all necessary federal, state, and 

local governmental permits and 

approvals necessary for the proposed 

work to be conducted. Applicants are 

expected to design their projects so that 

they minimize the potential for adverse 

impacts to the environment. Applicants 

also will be required to cooperate with 

the granting agencies in identifying 

feasible measures to reduce or avoid any 

identified adverse environmental 

impacts of their proposed projects. The 

failure to do so may be grounds for not 

making an award. 

Applications will be reviewed to 

ensure that they contain sufficient 

information to allow Agency staff to 

conduct a NEPA analysis so that 

appropriate NEPA documentation can 

be submitted to the agencies, along with 

the recommendation for funding of the 

selected applications. Applicants 

proposing activities that cannot be 

covered by existing environmental 

compliance procedures will be informed 

after the technical review stage whether 

NEPA compliance and other 

environmental requirements can 

otherwise be expeditiously met so that 

a project can proceed within the 

timeframes anticipated under the 

Recovery Act. 

If additional information is required 

after an application is accepted for 

funding, funds can be withheld by the 

agencies under a special award 

condition requiring the Awardee to 

submit additional environmental 

compliance information sufficient for 

the Agency to make an assessment of 

any impacts that a project may have on 

the environment. 

F. Davis-Bacon Wage Requirements 

Pursuant to section 1606 of the 

Recovery Act, any project using 

Recovery Act funds requires the 

payment of not less than the prevailing 

wages for ‘‘all laborers and mechanics 

employed by contractors and 

subcontractors on projects funded 

directly by or assisted in whole or in 

part by and through the Federal 

Government.’’ 7

G. Financial and Audit Requirements 

To maximize the transparency and 

accountability of funds authorized 

under the Recovery Act, all Applicants 

are required to comply with the 

applicable regulations set forth in 

OMB’s Interim Final Guidance for 

Federal Financial Assistance.8

Recipients that expend $500,000 or 

more of federal funds during their fiscal 

year are required to submit an 

organization-wide financial and 

compliance audit report. The audit must 

be performed in accordance with the 

U.S. General Accountability Office, 

Government Auditing Standards, 

located at http://www.gao.gov/govaud/ 

ybk01.htm, and OMB Circular A–133, 

Audits of States, Local Governments, 

and Non-Profit Organizations, located at 

http://www.whitehouse.gov/omb/ 

circulars/a133/a133.html. Awardees are 

responsible for ensuring that subrecipient audit reports are received and 

for resolving any audit findings. 

H. Deobligation 

The RUS reserves the right to 

deobligate awards to recipients under 

this RFP that demonstrate an 

insufficient level of performance, or 

wasteful or fraudulent spending, and 

award these funds competitively to new 

or existing Applicants prior to 

September 30, 2010. 

I. Confidentiality of Applicant 

Information 

Applicants are encouraged to identify 

and label any confidential and 

proprietary information contained in 

their applications. The Agency will 

protect confidential and proprietary 

information from public disclosure to 

the fullest extent authorized by 

applicable law, including the Freedom 

of Information Act, as amended (5 

U.S.C. 552), the Trade Secrets Act, as 

amended (18 U.S.C. 1905), the 

Economic Espionage Act of 1996 (18 

U.S.C. 1831 et seq.), and CALEA (47 

U.S.C. 1001 et seq.). Applicants should 

be aware, however, that the Recovery 

Act requires substantial transparency. 

For example, RUS is required to make 

publicly available on the Internet a list 

of each entity that has applied for a 

grant, a description of each application, 

the status of each application, the name 

of each entity receiving funds, the 

purpose for which the entity is receiving 

the funds, each quarterly report, and 

other information.9

J. Disposition of Unsuccessful 

Applications 

Applications accepted for review for 

Fiscal Year 2010 BIP will be retained for 

two years, after which they will be 

destroyed. 

K. State Certifications 

With respect to funds made available 

under Recovery Act to state or local 

governments for infrastructure 

investments, the governor, mayor, or 

other chief executive, as appropriate, 

must certify that the infrastructure 

investment has received the full review 

and vetting required by law and that the 

chief executive accepts responsibility 

that the infrastructure investment is an 

appropriate use of taxpayer dollars. This 

certification must include a description 

of the investment, the estimated total 

cost, and the amount of funds to be 

used, and must be posted on the 

recipient’s website and linked to http:// 

www.recovery.gov. A state or local 

Agency may not receive infrastructure 

investment funding from funds made 

available under the Recovery Act unless 

this certification is made and posted.10

L. Compliance With Applicable Laws 

Any recipient of funds under this RFP 

shall be required to comply with all 

applicable federal and state laws, 

including but not limited to: i. The 

nondiscrimination and equal 

employment opportunity requirements 

of Title VI of the Civil Rights Act of 

1964, as amended (42 U.S.C. 2000e et 

seq., 7 CFR part 15); ii. section 504 of 

the Rehabilitation Act (29 U.S.C. 794 et 

seq.; 7 CFR part 15b); iii. The Age 

Discrimination Act of 1975, as amended 

(42 U.S.C. 6101 et seq.; 45 CFR part 90); 

iv. Executive Order 11375, amending 

Executive Order 11246, Relating to 


jlentini on DSKJ8SOYB1PROD with NOTICES
25194 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Notices 

11 Id. section 1605, 123 Stat. at 303. 12See 2 CFR part 176. 

Equal Employment Opportunity (3 CFR 

part 102). See 7 CFR parts 15 and 15b 

and 45 CFR part 90, RUS Bulletin 1790– 

1 (‘‘Nondiscrimination among 

Beneficiaries of RUS Programs’’), and 

RUS Bulletin 20–15:320–15 (‘‘Equal 

Employment Opportunity in 

Construction Financed with RUS 

Loans’’). The RUS Bulletins are available 

at http://www.broadbandusa.gov.; v. 

The Architectural Barriers Act of 1968, 

as amended (42 U.S.C. 4151 et seq.); vi. 

The Uniform Federal Accessibility 

Standards (UFAS) (Appendix A to 41 

CFR subpart 101–19.6); and vii. The 

Council on Environmental Quality 

Regulations for Implementing the 

Procedural Provisions of NEPA and 

certain related federal environmental 

laws, statutes, regulations, and 

Executive Orders found in 7 CFR part 

1794. A more complete list of such 

requirements can be found in the 

applicable grant agreement. 

M. Communications Laws 

Awardees will be required to comply 

with all applicable federal and state 

communications laws and regulation as 

applicable, including, for example, the 

Communications Act of 1934, as 

amended, (47 U.S.C. 151 et seq.) the 

Telecommunications Act of 1996, as 

amended (Pub. L. 104–104, 110 Stat. 56) 

(1996), and CALEA. For further 

information, see http://www.fcc.gov. 

N. Buy American Notice 

1. General Prohibition and Waiver 

None of the funds appropriated or 

otherwise made available by the 

Recovery Act may be used for the 

construction, alteration, maintenance, or 

repair of a public building or public 

work (as such terms are defined in 2 

CFR 176.140) unless all of the iron, 

steel, and manufacturing goods used in 

the project are produced in the United 

States.11 On July 1, 2009, the 

Department of Agriculture published a 

notice in the Federal Register at 74 FR 

31402 stating that the Secretary of 

Agriculture has determined that 

applying the Buy American provision 

for the use of certain broadband 

equipment in public BIP projects would 

be inconsistent with the public interest. 

As explained below, to the extent that 

an Applicant wishes to use broadband 

equipment or goods that are not covered 

by the Secretary’s waiver, it may seek an 

additional waiver on a case-by-case 

basis as part of its application for 

Recovery Act funds. 

2. OMB Buy American Notice 

Requirement 

Pursuant to OMB guidance on the 

Recovery Act,12 RUS is required to 

provide the following notice: 

Section 176.170 Notice of Required Use of 

American Iron, Steel, and Manufactured 

Goods (Covered Under International 

Agreements)—Section 1605 of the American 

Recovery and Reinvestment Act of 2009 

When requesting applications or proposals 

for Recovery Act programs or activities that 

may involve construction, alteration, 

maintenance, or repair of a public building 

or public work, and involve iron, steel, and/ 

or manufactured goods covered under 

international agreements, the agency shall 

use the notice described in the following 

paragraphs in the solicitation: 

(a) Definitions. Designated country iron, 

steel, and/or manufactured goods, foreign 

iron, steel, and/or manufactured good, public 

building and public work, and steel, as used 

in this provision, are defined in 2 CFR 

176.160(a). 

(b) Requests for determinations of 

inapplicability. A prospective applicant 

requesting a determination regarding the 

inapplicability of section 1605 of the 

American Recovery and Reinvestment Act of 

2009 (Pub. L. 111–5) (Recovery Act) should 

submit the request to the award official in 

time to allow a determination before 

submission of applications or proposals. The 

prospective Applicant shall include the 

information and applicable supporting data 

required by 2 CFR 176.160(c) and (d) in the 

request. If an Applicant has not requested a 

determination regarding the inapplicability 

of section 1605 of the Recovery Act before 

submitting its application or proposal, or has 

not received a response to a previous request, 

the Applicant shall include the information 

and supporting data in the application or 

proposal. 

(c) Evaluation of project proposals. If the 

Federal Government determines that an 

exception based on unreasonable cost of 

domestic iron, steel, and/or manufactured 

goods applies, the Federal Government will 

evaluate a project requesting exception to the 

requirements of section 1605 of the Recovery 

Act by adding to the estimated total cost of 

the project 25 percent of the project cost if 

foreign iron, steel, or manufactured goods are 

used based on unreasonable cost of 

comparable domestic iron, steel, or 

manufactured goods. 

(d) Alternate project proposals. 

(1) When a project proposal includes 

foreign iron, steel, and/or manufactured 

goods, other than designated country iron, 

steel, and/or manufactured goods, that are 

not listed by the Federal Government in this 

Buy American notice in the request for 

applications or proposals, the Applicant may 

submit an alternate proposal based on use of 

equivalent domestic or designated country 

iron, steel, and/or manufactured goods. 

(2) If an alternate proposal is submitted, 

the Applicant shall submit a separate cost 

comparison table prepared in accordance 

with paragraphs 2 CFR 176.160(c) and (d) for 

the proposal that is based on the use of any 

foreign iron, steel, and/or manufactured 

goods for which the Federal Government has 

not yet determined if an exception applies. 

(3) If the Federal Government determines 

that a particular exception requested in 

accordance with 2 CFR 176.160(b) does not 

apply, the Federal Government will evaluate 

only those proposals based on use of the 

equivalent domestic or designated country 

iron, steel, and/or manufactured goods, and 

the Applicant shall be required to furnish 

such domestic or designated country items. 

O. Executive Order 12866 

The Recovery Act appropriated $2.5 

billion to RUS for broadband grants and 

loans. Of that, this RFP reserves $2 

million for Rural Library Broadband 

projects and $3 million for Technical 

Assistance projects. The Agency has 

determined that these programs are not 

‘‘economically significant.’’ This RFP 

also reserves $100 million for Satellite 

projects, which may be supplemented 

by funds that remain available under the 

First Round NOFA and Second Round 

NOFA. The Agency has determined this 

program to be ‘‘economically 

significant’’ under Executive Order 

12866, and has accordingly performed 

an economic analysis outlining the costs 

and benefits of implementing the 

Satellite program. The complete 

analysis is available from RUS upon 

request. Awards for all three programs 

must be made no later than September 

30, 2010. 

P. Executive Order 13132 

It has been determined that this notice 

does not contain policies with 

federalism implications as that term is 

defined in Executive Order 13132. 

Q. Administrative Procedure Act 

Statement 

This RFP is being issued without 

advance rulemaking or public comment. 

The Administrative Procedure Act of 

1946, as amended (5 U.S.C. 553) (APA), 

has several exemptions to rulemaking 

requirements. Among them is an 

exemption for ‘‘good cause’’ found at 5 

U.S.C. 553(b)(B), which allows effective 

government action without rulemaking 

procedures where withholding the 

action would be ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ 

USDA has determined, consistent 

with the APA that making these funds 

available under this RFP for broadband 

development, as mandated by the 

Recovery Act, is in the public interest. 

Given the emergency nature of the 

Recovery Act and the extremely short 

time period within which all funds 

must be obligated, withholding this RFP 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Notices 25195 

to provide for public notice and 

comment would unduly delay the 

provision of benefits associated with 

these broadband initiatives and be 

contrary to the public interest. 

For the same reasons, the Agency 

finds good cause under 5 U.S.C. 

553(d)(3) to waive the 30-day delay in 

effectiveness for this action. Because 

notice and opportunity for comment are 

not required pursuant to 5 U.S.C. 

553(d)(3) or any other law, the 

analytical requirements of the 

Regulatory Flexibility Act of 1980, as 

amended (5 U.S.C. 601 et seq.) are 

inapplicable. Therefore, a regulatory 

flexibility analysis is not required and 

has not been prepared. 

R. Paperwork Reduction Act 

Copies of all forms, regulations, and 

instructions referenced in this RFP may 

be obtained from RUS by e-mailing 

BroadbandUSA@usda.gov. Data 

furnished by the Applicants will be 

used to determine eligibility for program 

benefits. Furnishing the data is 

voluntary; however, the failure to 

provide data could result in program 

benefits being withheld or denied. 

The Information Collection and 

Recordkeeping requirements contained 

in the RFP have been approved by 

emergency clearance under OMB 

Control Number 0572–0145. In 

accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

chapter 35), RUS invites comments on 

this information collection for which 

the Agency intends to request approval 

from the Office of Management and 

Budget (OMB). 

Comments on this notice must be 

received by July 6, 2010. Comments are 

invited on (a) whether the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(b) the accuracy of the agency’s estimate 

of burden including the validity of the 

methodology and assumption used; (c) 

ways to enhance the quality, utility and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

on those who are to respond, including 

through the use of appropriate 

automated, electronic, mechanical, or 

other technological collection 

techniques or other forms of information 

technology. 

Comments may be sent to Michele 

Brooks, Director, Program Development 

and Regulatory Analysis, Rural Utilities 

Service, U.S. Department of Agriculture, 

1400 Independence Ave., SW., Stop 

1522, Room 5162 South Building, 

Washington, DC 20250–1522. 

Title: Broadband Initiatives 

Program—Rural Libraries, Technical 

Assistance, and Satellite Grants. 

Type of Request: New collection. 

Estimate of Burden: Public reporting 

burden for this collection of information 

is estimated to average 22 hours per 

response. 

Respondents: Businesses and other 

for-profits. 

Estimated Number of Respondents: 

134. 

Estimated Number of Responses per 

Respondent: 2.8. 

Estimated Total Annual Burden on 

Respondents: 8,427 hours. 

Copies of this information collection 

can be obtained from Michele Brooks, 

Program Development and Regulatory 

Analysis, at (202) 690–1078. 

All responses to this information 

collection and recordkeeping notice will 

be summarized and included in the 

request for OMB approval. All 

comments will also become a matter of 

public record. 

S. Recovery Act 

Additional information about the 

Recovery Act is available at http:// 

www.Recovery.gov. 

T. Authorized Signatories 

Only authorized grant officers can 

bind the Government to the expenditure 

of funds. 

Dated: May 3, 2010. 

Jonathan Adelstein, 

Administrator, Rural Utilities Service. 

[FR Doc. 2010–10765 Filed 5–6–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Kake to Petersburg Transmission Line 

Intertie Project 

AGENCY: Forest Service, USDA. 

ACTION: Notice of intent to prepare an 

Environmental Impact Statement. 

SUMMARY: The Department of 

Agriculture, Forest Service, will prepare 

an Environmental Impact Statement 

(EIS) on a proposal to construct and 

operate a new electric transmission line 

intertie that would extend west across 

the Tongass National Forest from the 

Petersburg area to the community of 

Kake. The proposed action is to build a 

new transmission line that would 

transmit power at either 69 or 138 

kilovolt (kV) and consist of single wood 

pole structures with horizontal post 

insulators, with average span lengths 

between pole structures of 350 to 400 

feet. Two primary alternative routes are 

currently under consideration. These 

routes generally follow two routes 

previously identified as Transportation 

and Utility System (TUS) corridors in 

the Tongass National Forest Land and 

Resource Management Plan (Forest 

Plan). Both alternative routes follow 

existing logging roads for the majority of 

their lengths. In addition, one of the 

routes follows the proposed route 

identified by the Alaska Department of 

Transportation & Public Facilities 

(DOTPF) for the permanent road 

between Kake and Petersburg. Both 

routes would use existing roads for 

construction and long-term maintenance 

access where possible. New road 

segments would be built in locations 

where access is not currently available. 

DATES: Comments concerning the scope 

of the analysis must be received by June 

7, 2010. Public information and scoping 

meetings will be held in Petersburg on 

May 12, 2010 and in Kake on May 13, 

2010. The Draft EIS is projected to be 

filed with the Environmental Protection 

Agency (EPA) in December 2010 and 

will begin a 45-day public comment 

period. The Final EIS and Record of 

Decision are scheduled to be published 

in Summer/Fall 2011. 

ADDRESSES: You may comment on the 

project in the following ways: Send 

written comments to the Petersburg 

Ranger District, Tongass National 

Forest, Attn: Kake-Petersburg Intertie 

Project, P.O. Box 1328, Petersburg, AK 

99833, or hand deliver them to the 

Petersburg Ranger District, 12 N Nordic 

Drive, Petersburg, Alaska. The FAX 

number is (907) 772–5995. Send e-mail 

comments to: comments-alaska-tongasspetersburg@fs.fed.us with ‘‘KakePetersburg Intertie Project’’ in the 

subject line. Include your name, address 

and organization name if you are 

commenting as a representative. 

FOR FURTHER INFORMATION CONTACT: 

Questions about the proposal and EIS 

should be directed to Chris Savage, 

District Ranger, Petersburg Ranger 

District, Tongass National Forest, P.O. 

Box 1328, Petersburg, AK 99833, 

telephone (907) 772–3871. 

SUPPLEMENTARY INFORMATION: 

Background: An Intertie transmission 

line from Kake to Petersburg has been 

discussed for many years and has been 

the subject of a number of studies dating 

back to the 1970s, with more than 10 

alternative routes discussed over the 

years. Recent studies include the 

Southeast Alaska Intertie Study 

prepared in 2003 and a follow-on study 

of the Kake-Petersburg Intertie 

completed in 2005 and updated in 2009. 

These recent studies identified two 


jlentini on DSKJ8SOYB1PROD with NOTICES