27984 Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / Notices 

1Notice of Funds Availability and Solicitation of 

Applications, 75 FR 3792 (Jan. 22, 2010). 

2Notice of Funds Availability; Extension of 

Application Closing Deadline for Comprehensive 

Community Infrastructure (CCI) Projects, 75 FR 

10464 (Mar. 8, 2010); Notice of Funds Availability; 

Extension of Application Closing Deadline for 

Comprehensive Community Infrastructure (CCI) 

Projects, 75 FR 14131 (Mar. 24, 2010). 

3American Recovery and Reinvestment Act of 

2009, Public Law No. 111–5, § 6001(b), 123 Stat. 

115, 512–13 (2009) (Recovery Act). 

4 Id. § 6001(g)(5), 123 Stat. at 514. 

5Requests for Waiver of Various Petitioners to 

Allow the Establishment of 700 MHz Interoperable 

Public Safety Wireless Broadband Networks, Order, 

PS Dkt. No. 06–229, FCC 10–79 (adopted May 11, 

2010) (Waiver Order), available at http:// 

hraunfoss.fcc.gov/edocs_public/attachmatch/FCC10-79A1.pdf. 

6 In the Second NOFA, NTIA anticipated that it 

might wish to reopen the application window at 

some point in the future and specifically put 

applicants on notice that there may be another 

solicitation. See Second NOFA, 75 FR at 3799. 

7See Waiver Order, at Appendix A. 

8See Recovery Act § 6001(d)(2), 123 Stat. at 513. 

may be submitted during the subsequent 

15-day period to August 2, 2010. 

A copy of the application will be 

available for public inspection at the 

Office of the Executive Secretary, 

Foreign-Trade Zones Board, Room 2111, 

U.S. Department of Commerce, 1401 

Constitution Avenue, NW., Washington, 

DC 20230–0002, and in the ‘‘Reading 

Room’’ section of the Board’s Web site, 

which is accessible via http:// 

www.trade.gov/ftz. For further 

information, contact Claudia Hausler at 

Claudia.Hausler@trade.gov or (202) 

482–1379. 

Dated: May 11, 2010. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. 2010–11983 Filed 5–18–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Telecommunications and 

Information Administration 

[Docket No.: 0907141137–0222–10] 

RIN 0660–ZA28 

Broadband Technology Opportunities 

Program 

AGENCY: National Telecommunications 

and Information Administration, U.S. 

Department of Commerce. 

ACTION: Notice of Funds Availability; 

Reopening of Application Filing 

Window for Broadband Technology 

Opportunities Program Comprehensive 

Community Infrastructure Projects. 

SUMMARY: The National 

Telecommunications and Information 

Administration (NTIA) announces the 

limited reopening of the Comprehensive 

Community Infrastructure (CCI) 

application filing window for the 

Broadband Technology Opportunities 

Program (BTOP) that the agency 

established pursuant to the American 

Recovery and Reinvestment Act of 2009 

(Recovery Act). Entities that have 

received waiver authority from the 

Federal Communications Commission 

(FCC) to use the 763–768/793–798 MHz 

(700 MHz) public safety broadband 

spectrum by the date of this Notice are 

invited to file a BTOP application and 

request BTOP funding. 

DATES: All applications for funding CCI 

projects under this Notice must be 

submitted between June 1, 2010, at 8 

a.m. Eastern Daylight Time (EDT) and 

July 1, 2010, at 5 p.m. EDT. 

ADDRESSES: All applicants are required 

to submit their applications 

electronically at https:// 

applyonline.broadbandusa.gov. See 

SUPPLEMENTARY INFORMATION for more 

details. The CCI application package for 

electronic submissions is available at 

http://www.ntia.doc.gov/ 

broadbandusa/. 

FOR FURTHER INFORMATION CONTACT: For 

general inquiries regarding BTOP, 

contact Anthony G. Wilhelm, PhD, 

Director, BTOP, Office of 

Telecommunications and Information 

Applications, NTIA, U.S. Department of 

Commerce, 1401 Constitution Avenue, 

NW., HCHB, Room 4887, Washington, 

DC 20230; BTOP Help Desk e-mail: 

btop@ntia.doc.gov; BTOP Help Desk 

telephone: 1–202–482–2048. Additional 

information regarding BTOP, including 

information regarding compliance 

issues, may be obtained at http:// 

www.ntia.doc.gov/broadbandusa/. 

Authority: This Notice is issued pursuant 

to the American Recovery and Reinvestment 

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

(2009). 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Second Round of BTOP Funding 

On January 22, 2010, NTIA published 

a Notice of Funds Availability and 

Solicitation of Applications (Second 

NOFA) in the Federal Register 

announcing general policy and 

application procedures for the second 

round of BTOP funding.1 The filing 

deadline for CCI applications under the 

Second NOFA closed on March 26, 

2010.2 Under the Recovery Act, one of 

the core purposes of BTOP is to fund the 

advancement of broadband initiatives to 

support public safety agencies.3 The 

Recovery Act also provides that the 

Assistant Secretary for Communications 

and Information may make competitive 

grants to ‘‘construct and deploy 

broadband facilities that improve public 

safety broadband communications 

services.’’ 4 While NTIA received a 

limited number of public safety-related 

applications in the second round, some 

applicants may have been deterred from 

filing because, inter alia, they lacked the 

legal authority to use the 700 MHz 

public safety broadband spectrum. 

B. Reopening the Application Window 

On May 11, 2010, the FCC adopted an 

order authorizing the early deployment 

of public safety broadband networks in 

the 700 MHz public safety broadband 

spectrum for a number of entities that 

had petitioned for waiver authority for 

such relief.5 To further the objectives of 

the Recovery Act and to help ensure 

that the core statutory purposes of BTOP 

are achieved, NTIA finds that, given 

these extraordinary circumstances, a 

limited reopening of the CCI application 

filing window is in the best interest of 

the federal government.6 Accordingly, 

NTIA reopens the CCI application filing 

window to those entities that meet the 

eligibility criteria in the Second NOFA 

and that have received authority from 

the FCC by the date of this Notice to 

seek to use the 700 MHz public safety 

broadband spectrum to deploy a public 

safety broadband system.7 NTIA is 

limiting eligibility under this Notice to 

this group of entities to help ensure that 

all BTOP grant funds can be obligated 

by the statutory deadline of September 

30, 2010; 8 to provide the public safety 

community with the opportunity to 

obtain funding for an initial set of 

networks to support current NTIA 

efforts to test new standards and 

technologies that eventually will 

support a nationwide interoperable 

public safety broadband network; and to 

provide an opportunity to submit an 

application to entities that may have 

been discouraged from applying for 

BTOP funding because they did not 

have the legal authority to use the 700 

MHz spectrum. Entities that received a 

FCC waiver and that already have 

applied for the second round of BTOP 

funding are not required to reapply 

during this new window. 

C. 700 MHz Public Safety Broadband 

Network 

A public safety broadband network 

utilizing the 700 MHz public safety 

broadband spectrum will increase the 

nationwide interoperable broadband 

communications capabilities of first 

responders and public safety agencies 

by improving the ability of public safety 

entities to utilize applications made 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / Notices 27985 

9Federal Communications Commission (FCC) 

National Broadband Plan, ch. 16 (March 17, 2010), 

available at http://download.broadband.gov/plan/ 

national-broadband-plan-chapter-16-publicsafety.pdf. 

10See Public Safety Communications Research, 

Projects, at http://www.pscr.gov/projects/ 

broadband/700mhz/700mhz.php. 

11See Second NOFA, 75 FR at 3799. 

12 Implementing a Nationwide, Broadband, 

Interoperable Public Safety Network in the 700 

MHz Band, Order, 22 F.C.C. Rcd. 20453 (2007). 

13See Waiver Order. 

14 Id. at 12–13. For example, the FCC requires the 

entities subject to the order to adhere to the 

technical criteria that the Emergency Response 

Interoperability Center will establish through rules 

adopted by the FCC or the Public Safety and 

Homeland Security Bureau. 

possible by broadband technologies. It 

also will improve public safety 

communications by providing dedicated 

broadband capacity for public safety 

uses and creating a statutorily required 

interoperability framework for use 

across the United States. The FCC’s 

National Broadband Plan recognized 

that broadband technologies have the 

potential to revolutionize emergency 

response wireless mobile 

communications and outlined 

recommendations for moving 700 MHz 

spectrum activities forward.9 Consistent 

with the FCC’s recommendation, NTIA 

and the National Institute of Standards 

and Technology (NIST) are working on 

a joint initiative, the Public Safety 700 

MHz Demonstration Network within the 

Public Safety Communications Research 

(PSCR) program, to provide a platform 

to test and evaluate systems and to help 

enable deployment of a nationwide 

interoperable public safety broadband 

network.10 This limited reopening of the 

BTOP CCI application filing window 

will help support the efforts of NTIA 

and NIST and the testing, development, 

and implementation of a 700 MHz 

public safety broadband network. 

Pursuant to the eligible cost 

provisions set forth in the Second 

NOFA, NTIA may award grants that will 

fund critical expenditures related to the 

deployment of a 700 MHz public safety 

broadband network, including the 

acquisition of broadband radio access 

network components (such as antennas, 

base station nodes, transceivers, 

amplifiers, and remote radio heads) and 

costs associated with the hardening of 

existing cell sites (such as installing 

backup power and enhancing security 

measures).11 Grant awards also may be 

used to fund costs to lease wireline or 

wireless network infrastructure from 

existing commercial infrastructure to 

facilitate broadband connectivity for a 

700 MHz public safety broadband 

network, including backhaul from cell 

sites and any associated installation 

charges paid to a vendor. 

By facilitating the expansion of 

broadband communications services to 

public safety agencies, BTOP advances 

the objectives of the Recovery Act to 

increase economic efficiency by 

spurring technological advances, to 

invest in infrastructure that will provide 

long-term economic benefits, and to 

support stabilization of state and local 

government budgets in an effort to avoid 

reductions in essential services. 

Deployment of a public safety 

broadband network in the 700 MHz 

band also will enhance emergency 

response capabilities through support of 

broadband-enabled applications, 

including: streaming video 

(surveillance, remote monitoring); 

digital imaging; automatic vehicle 

location; computer-aided dispatching; 

electronic mail; mapping and GPS; 

remote database access; report 

management system access; text 

messaging; telemetry/remote 

diagnostics; and Web access. 

Moreover, the 700 MHz public safety 

broadband network will support 

applications that existing narrowband 

and wideband data technologies cannot 

support. The network will allow public 

safety personnel to exchange missioncritical information in real time on a 

common operating platform, enhancing 

incident response and first-responder 

safety. 

D. FCC 700 MHz Waiver Order 

In 2007, the FCC chose the Public 

Safety Spectrum Trust Corporation 

(PSST) as the Public Safety Broadband 

Licensee for the 10 MHz of 700 MHz 

public safety broadband spectrum.12 On 

May 11, 2010, the FCC adopted an order 

that permits certain state and local 

governmental entities to deploy public 

safety broadband systems using the 700 

MHz spectrum licensed to the PSST.13

The FCC’s order now allows these 

entities to expeditiously enter into 

leases with the PSST for use and 

development of public safety broadband 

networks. Applicants filing under this 

Notice are subject to the provisions of 

the FCC’s order and any subsequent 

rules adopted by the FCC regarding the 

use of 700 MHz spectrum, including 

those rules that are designed to ensure 

compatibility and interoperability of 

public safety networks.14

By reopening the CCI application 

window only to eligible entities that 

have received waiver authority from the 

FCC to enter into a lease to use 700 MHz 

spectrum, NTIA acknowledges that 

these entities may have been 

discouraged from filing a BTOP 

application during the first two BTOP 

funding rounds because they did not 

have the legal authority to use the 

spectrum before the filing deadlines. 

Because applicants filing under this 

Notice will be subject to the same 

general policies and terms as other CCI 

applicants in the second round, this 

limited reopening will not advantage or 

disadvantage either those entities 

eligible under this Notice or those that 

have filed applications earlier under the 

Second NOFA. 

II. Application and Submission 

Information 

A. Second NOFA Requirements 

All applicants submitting BTOP 

applications pursuant to this Notice are 

subject to the requirements set forth in 

the Recovery Act and the Second 

NOFA. In addition, applicants should 

review the application guidance, 

workshop presentations, and 

‘‘Frequently Asked Questions’’ located at 

http://www.ntia.doc.gov/broadbandusa/ 

to help them submit their applications 

and understand BTOP requirements. As 

required by the CCI application, 

applicants must provide documentation 

that their request for a waiver 

authorizing use of the 700 MHz public 

safety spectrum has been granted by the 

FCC. NTIA will reject applications from 

entities other than those who are 

authorized to use the 700 MHz public 

safety broadband spectrum. 

B. Filing Deadline 

The application window will be open 

for filing between June 1, 2010, at 8 a.m. 

EDT and July 1, 2010, at 5 p.m. EDT. 

NTIA recognizes that this is a short 

application window given the 

complexity of CCI projects, particularly 

if they include a 700 MHz component. 

Nevertheless, to ensure that NTIA can 

fairly administer the program, comply 

with the requirements set forth in the 

Second NOFA, and obligate funds 

before September 30, 2010, NTIA will 

limit the filing window to this period. 

C. Filing Instructions 

As stated in the Second NOFA, 

electronic submissions of applications 

will allow for the expeditious review of 

an applicant’s proposal consistent with 

the goals of the Recovery Act. As a 

result, all applicants are required to 

submit their applications electronically 

at https:// 

applyonline.broadbandusa.gov. The 

electronic application system will 

provide a date-and-time-stamped 

confirmation number that will serve as 

proof of submission. Please note that 

applications will not be accepted via 

paper, facsimile machine transmission, 


jlentini on DSKJ8SOYB1PROD with NOTICES
27986 Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / Notices 

15Additional guidance for seeking a waiver of the 

electronic filing requirements can be found in the 

CCI Grant Guidance at http://www.ntia.doc.gov/ 

broadbandusa/. Note that the CCI Grant Guidance 

includes key submission dates. These dates have 

been superseded by the dates contained in this 

Notice. 

electronic mail, or other media format. 

Applicants, however, may request a 

waiver of these filing instructions 

pursuant to Section X.N. of the Second 

NOFA.15

Dated: May 13, 2010. 

Anna M. Gomez, 

Acting Assistant Secretary for 

Communications and Information. 

[FR Doc. 2010–11898 Filed 5–18–10; 8:45 am] 

BILLING CODE 3510–60–P 

DEPARTMENT OF COMMERCE 

United States Patent and Trademark 

Office 

[Docket No.: PTO–P–2010–0040] 

Electronic Filing System—Web (EFSWeb) Contingency Option 

AGENCY: United States Patent and 

Trademark Office, Commerce. 

ACTION: Notice. 

SUMMARY: The United States Patent and 

Trademark Office (USPTO) is increasing 

the availability of its patent electronic 

filing system, Electronic Filing 

System—Web (EFS-Web) by providing a 

new contingency option when the 

primary portal to EFS-Web has an 

unscheduled outage. Previously, the 

entire EFS-Web system is not available 

to the users during such an outage. The 

contingency option in EFS-Web will 

permit users to sign-on as unregistered 

EFS-Web users to file new applications, 

national stage submissions under the 

Patent Cooperation Treaty (PCT) 

submitted with the basic national fee 

necessary to enter the national stage, 

requests for reexamination, and certain 

petitions, during an unscheduled outage 

of the primary portal to EFS-Web. 

DATES: Effective Date: May 19, 2010. 

FOR FURTHER INFORMATION CONTACT: Joni 

Y. Chang, Senior Legal Advisor, Office 

of Patent Legal Administration, Office of 

the Associate Commissioner for Patent 

Examination Policy, by telephone at 

571–272–7720, or by mail addressed to: 

Mail Stop Comments Patents, 

Commissioner for Patents, P.O. Box 

1450, Alexandria, VA 22313–1450. 

Inquiries regarding EFS-Web and 

other USPTO information technology 

(IT) systems may be directed to the 

Patent Electronic Business Center 

(Patent EBC), by telephone: 1–866–217– 

9197 (toll-free) and 571–272–4100, or by 

e-mail: ebc@uspto.gov. 

Inquiries regarding IT policy for U.S. 

national patent applications may be 

directed to Mark Polutta, Senior Legal 

Advisor, Office of Patent Legal 

Administration, by telephone at 571– 

272–7709. 

Inquiries regarding IT policy for 

international patent applications may be 

directed to Tamara Graysay, Special 

Program Examiner, Office of Patent 

Cooperation Treaty (PCT) Legal 

Administration, by telephone at 571– 

272–6728. 

SUPPLEMENTARY INFORMATION: The 

USPTO is increasing the availability of 

EFS-Web by providing a new 

contingency option in EFS-Web when 

the primary portal to EFS-Web has an 

unscheduled outage. Currently, 

approximately eighty-seven percent of 

new patent applications are being 

electronically filed via EFS-Web. 

Applicants experience many benefits 

from filing their applications and 

follow-on documents electronically. For 

example, applicants promptly receive 

an electronic acknowledgment receipt of 

their electronic submissions and have 

the ability to review their applications 

or documents via the Patent Application 

Information Retrieval (PAIR) system 

within an hour after the USPTO receives 

the electronic submissions. 

Furthermore, independent inventors 

and other small entity applicants who 

file their applications electronically via 

EFS-Web receive a discount on the basic 

filing fee. Previously, when the primary 

portal to EFS-Web is unavailable during 

an unscheduled outage, the entire EFSWeb system is unavailable to users. The 

new contingency option in EFS-Web 

will minimize any inconvenience to 

users who wish to file a new application 

during an unscheduled outage of the 

primary portal to EFS-Web. 

I. EFS-Web Contingency Option 

Effective immediately, the USPTO 

will provide EFS-Web Contingency 

Option to users to file new applications, 

national stage submissions under 35 

U.S.C. 371, requests for reexamination, 

and certain petitions when the primary 

portal to EFS-Web is unavailable during 

an unscheduled outage. The USPTO 

will post a notification of any 

unscheduled outage of the primary 

portal to EFS-Web and provide the link 

to EFS-Web Contingency Option on the 

EFS-Web Internet page (http:// 

www.uspto.gov/patents/process/file/efs/ 

index.jsp). The EFS-Web Contingency 

Option will have the same functionality 

as EFS-Web for unregistered e-filers 

(https://sportal.uspto.gov/secure/portal/ 

efs-unregistered). It will permit users to 

sign on as unregistered EFS-Web users 

to file new applications, national stage 

submissions under 35 U.S.C. 371 

submitted with the basic national fee 

necessary to enter the national stage, 

requests for reexamination, and certain 

petitions. However, other follow-on 

documents and fee payments filed after 

the initial submission of the application 

or reexamination request (e.g., 

amendments and replies to Office 

actions) cannot be filed using EFS-Web 

Contingency Option. 

Specifically, EFS-Web Contingency 

Option will only permit users to 

electronically file the following items as 

unregistered EFS-Web users: 

1. Provisional patent applications 

under 35 U.S.C. 111(b); 

2. Nonprovisional utility patent 

applications under 35 U.S.C. 111(a) 

(including reissue utility patent 

applications); 

3. Nonprovisional design patent 

applications under 35 U.S.C. 171 

(including reissue design patent 

applications); 

4. International applications under 

PCT Article 11 for filing in the United 

States Receiving Office; 

5. National stage submissions under 

35 U.S.C. 371 submitted with the basic 

national fee necessary to enter the 

national stage; 

6. Requests for ex parte reexamination 

under 35 U.S.C. 302 for utility or design 

patents; 

7. Requests for inter partes 

reexamination under 35 U.S.C. 311 for 

utility or design patents; 

8. Petitions to make special based on 

age under 37 CFR 1.102(c) when filed as 

an e-petition using the EFS-Web SB130 

form, for the automatic processing of the 

e-petition (for more information see 

http://www.uspto.gov/ebc/portal/efs/ 

sb130_instructions.doc); 

9. Petitions to accept an 

unintentionally delayed payment of 

maintenance fee under 37 CFR 1.378(c) 

when filed as an e-petition using the 

EFS-Web SB66 form, for the automatic 

processing of the e-petition (for more 

information see http://www.uspto.gov/

ebc/portal/efs/sb0066e_fill.doc); and 

10. Petition to make special under the 

accelerated examination program (must 

be filed with a nonprovisional utility 

patent application under 35 U.S.C. 

111(a)). 

Documents filed via EFS-Web 

Contingency Option as part of the 

submissions listed above must meet the 

same file format requirements 

established for EFS-Web, e.g., file size 

and PDF embedded-font requirements. 

The same file validation performed in 

EFS-Web will be performed in EFS-Web 

Contingency Option. Similar to EFSVerDate Mar<15>2010 16:07 May 18, 2010 Jkt 220001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\19MYN1.SGM 19MYN1

jlentini on DSKJ8SOYB1PROD with NOTICES