[Federal Register Volume 74, Number 129 (Wednesday, July 8, 2009)]
[Notices]
[Pages 32545-32565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16103]


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DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration

RIN 0660-ZA29


State Broadband Data and Development Grant Program

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

ACTION: Notice of funds availability (Notice) and solicitation of 
applications.

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SUMMARY: The National Telecommunications and Information Administration 
(NTIA), U.S. Department of Commerce, publishes this Notice to announce 
the availability of funds pursuant to the American Recovery and 
Reinvestment Act of 2009 (Recovery Act), Public Law 111-5 (Feb. 17, 
2009), and the Broadband Data Improvement Act (BDIA), Title I of Public 
Law 110-385, 122 Stat. 4096 (Oct. 10, 2008) and to provide guidelines 
for the State Broadband Data and Development Grant Program (State 
Broadband Data Program or Program). The State Broadband Data Program is 
a competitive, merit-based matching grant program that effects the 
joint purposes of the Recovery Act and the BDIA by funding projects 
that collect comprehensive and accurate State-level broadband mapping 
data, develop State-level broadband maps, aid in the development and 
maintenance of a national broadband map, and fund statewide initiatives 
directed at broadband planning.

DATES: Applications will be accepted from July 14, 2009 at 8 a.m. 
Eastern Time (ET) until August 14, 2009 at 11:59 p.m. ET.

ADDRESSES: All applications must be submitted through the online 
Grants.gov system no later than 11:59 p.m. ET on August 14, 2009, as 
more fully described in the section entitled ``Request for Application 
Package'' below. Failure to properly register and apply for State 
Broadband Data Program funds by the deadlines may result in forfeiture 
of the grant opportunity. Applications are accepted until the deadline 
and processed as received. Applications submitted by hand delivery, 
mail, email or facsimile will not be accepted.

FOR FURTHER INFORMATION CONTACT: For general inquiries regarding the 
State Broadband Data Program, applicants may contact Edward ``Smitty'' 
Smith, Program Director, State Broadband Data and Development Grant 
Program,

[[Page 32546]]

National Telecommunications and Information Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue, NW., Room 4898, 
Washington, DC 20230; by telephone at 202-482-4949 or via electronic 
mail at <a href="/cdn-cgi/l/email-protection#a0c2d2cfc1c4c2c1cec4cdc1d0d0c9cec7e0ced4c9c18ec4cfc38ec7cfd6"><span class="__cf_email__" data-cfemail="6c0e1e030d080e0d0208010d1c1c05020b2c0218050d4208030f420b031a">[email protected]</span></a>. Information about the State 
Broadband Data Program can also be obtained electronically via the 
Internet at http://www.ntia.doc.gov/broadbandgrants.

SUPPLEMENTARY INFORMATION: Catalog of Federal Domestic Assistance 
(CFDA) Number: 11.558.
    Additional Items in Supplementary Information:

    I. Overview: Describes the statutory origin of the broadband 
mapping requirement under the Recovery Act, the applicability of the 
BDIA, the structure of the Program and the public comment process.
    II. Funding Opportunity Description: Provides a more thorough 
description of the Program, including a description of mapping and 
planning priorities, and the application review process.
    III. Definitions: Sets forth the key terms and other terms used 
in this Notice.
    IV. Award Information: Describes funding availability and other 
award information.
    V. Eligibility Information: Discusses eligibility criteria, 
including the 20 percent match, confidentiality requirements, and 
funding restrictions.
    VI. Application and Submission Information: Provides information 
about how to apply, application materials, and the application 
process.
    VII. Application Review Information: Establishes the scoring 
criteria for evaluating applications.
    VIII. Anticipated Award Dates: Identifies the initial award 
announcement and award dates for Program awards.
    IX. Award Administration Information: Provides award notice 
information, administrative requirements, terms and conditions, and 
other reporting requirements for award recipients.
    X. Other Information: Sets forth guidance on funding, compliance 
with various laws, regulations and other such requirements.

I. Overview

    A. The Recovery Act: Section 6001(l) of the Recovery Act requires 
the Assistant Secretary to develop and maintain a comprehensive, 
interactive, and searchable nationwide inventory map of existing 
broadband service capability and availability in the United States that 
depicts the geographic extent to which broadband service capability is 
deployed and available from a commercial or public provider throughout 
each State.\1\ The Recovery Act requires the Assistant Secretary to 
make the national broadband map accessible by the public on an NTIA Web 
site no later than February 17, 2011.\2\ The Recovery Act authorizes 
NTIA to expend up to $350 million pursuant to the BDIA and for the 
purposes of developing and maintaining a broadband inventory map.\3\ 
Implementation of the BDIA is useful to fulfill Congress' intent to 
develop a national broadband map as expressed and funded under the 
Recovery Act.
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    \1\ Recovery Act section 6001(l), 123 Stat. at 516. See Section 
IV for the definition of ``State'' and other relevant definitions.
    \2\ Id.
    \3\ Recovery Act, Title II, Div. A, 123 Stat. at 123 (to be 
codified at 47 U.S.C. 1301).
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    B. The BDIA: The BDIA is intended to improve data on the deployment 
and adoption of broadband service to assist in the extension of 
broadband technology across all regions of the United States.\4\ 
Section 106 of the BDIA directs the Secretary of Commerce to establish 
the State Broadband Data Program and to award grants to eligible 
entities to develop and implement statewide initiatives to identify and 
track the adoption and availability of broadband services within each 
State.\5\ In effecting this purpose, the BDIA provides several eligible 
uses for grant funds, including uses related to the gathering of 
broadband-related data at the State level and the development of 
statewide broadband maps.\6\
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    \4\ BDIA Sec.  102, 122 Stat. at 4096.
    \5\ BDIA Sec.  106(b), 122 Stat. at 4099. The Secretary 
delegated his authority to meet the obligations of Section 106 of 
the BDIA to the Assistant Secretary for Communications and 
Information (Assistant Secretary) on April 9, 2009.
    \6\ The BDIA authorizes the Secretary to make grants to eligible 
entities for the following eligible uses: (1) To develop and provide 
a baseline assessment of broadband deployment in each State; (2) to 
identify and track the areas with low levels of deployment, the rate 
at which residential and business users adopt broadband service and 
other related information technology services, and possible 
suppliers of such services; (3) to identify barriers to the adoption 
of broadband service and information technology services; (4) to 
identify the available speeds for broadband connection; (5) to 
create and facilitate by county or designated region in a State, 
local technology planning teams; (6) to collaborate with broadband 
service providers and information technology companies to encourage 
deployment and use; (7) to establish computer ownership and Internet 
access programs in unserved and areas with lower than average 
penetration on a national basis; (8) to collect and analyze detailed 
market data concerning use and demand for broadband service; (9) to 
facilitate information exchange regarding use and demand for 
broadband services between public and private sector users; and (10) 
to create within each State a geographic inventory map of broadband 
service. BDIA Sec.  106(e), 122 Stat. at 4100-4101.
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    C. The State Broadband Data Program: In keeping with the Recovery 
Act's direction that NTIA develop and maintain a comprehensive and 
interactive national broadband map and the requirements of the BDIA, 
NTIA has established this grant program. Awardees under this Program 
will receive grants to fund their collection of broadband-related data 
as well as funding for planning programs at the State level. Awardees 
will use the broadband-related data that they collect to develop 
statewide broadband maps, which will be linked to a Department of 
Commerce Web page. In addition, the awardees will submit all of their 
collected data to NTIA for use by NTIA and the Federal Communications 
Commission (FCC) in developing and maintaining the national broadband 
map, which will be displayed on an NTIA Web page before February 17, 
2011.
    NTIA's decisions are based on the statutory requirements of the 
Recovery Act and are informed by NTIA's own expertise, the expertise of 
other Federal agencies, including the FCC, and public comment.
    D. Public Comment: On March 10, 2009, NTIA, the FCC, and the U.S. 
Department of Agriculture's Rural Utilities Service (RUS) cosponsored a 
public meeting to initiate public outreach about the current 
availability of broadband service in the United States and ways in 
which the availability of broadband service could be expanded.\7\ The 
March 10th meeting was followed by the release of a Request for 
Information (RFI) and six days of additional public meetings and field 
hearings during March.\8\ The RFI requested the submission of 
information on a broad range of topics including topics related to 
broadband mapping, the Recovery Act and the BDIA. The meetings and 
hearings included nearly 120 panelists with representatives from 
consumer and public interest groups, State and local governments, 
tribal governments, minority and vulnerable populations, industry, 
academia and other institutions.
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    \7\ See Notice: American Recovery and Reinvestment Act of 2009 
Broadband Initiatives, 74 FR 8914 (Feb. 27, 2009).
    \8\ See Notice: American Recovery and Reinvestment Act of 2009 
Broadband Initiatives, 74 FR 10716 (March 12, 2009). Agendas, 
transcripts and presentations from each meeting are available on 
NTIA's Web site at http://www.ntia.doc.gov/broadbandgrants/meetings.html.
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    In response to the RFI and the public meetings, NTIA received over 
1,000 comments from institutions and individuals on the broadband 
initiatives funded by the Recovery Act.\9\ With regard to the issues 
surrounding the State Broadband Data Program and the national broadband 
map that NTIA is

[[Page 32547]]

required to prepare under Section 6001(l) of the Recovery Act, NTIA 
received more than 200 comments, many of which played a role in 
formulating the structure of this Program. For further discussion and 
explanation of the policy decisions involved in establishing this 
program, see the attached Policy Justification Appendix.
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    \9\ Agendas, transcripts, and presentations from each meeting 
are available on NTIA's Web site at http://www.ntia.doc.gov/broadbandgrants/meetings.html. All public comments in Docket No. 
090309298-9299-01 are on file with NTIA and may be viewed on NTIA's 
Web site at http://www.ntia.doc.gov/broadbandgrants/comments.cfm.
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II. Funding Opportunity Description

    A. Program Description: The State Broadband Data Program is a 
competitive, merit-based matching grant program that implements the 
joint purposes of the Recovery Act and the BDIA through the award of 
grants. This Program is designed to fund projects that gather 
comprehensive and accurate State-level broadband mapping data, develop 
State-level broadband maps, aid in the development and maintenance of a 
national broadband map, and fund statewide initiatives for broadband 
planning.
    While the BDIA mandates that each State may have only a single 
eligible entity, each applicant will be carefully evaluated against a 
program standard. Any applicant that fails to meet the program standard 
will not receive grant funding; therefore, the efficient fulfillment of 
the goals of the Recovery Act and the BDIA will be advanced by the 
submission of a qualifying application from each State highly 
responsive to the review criteria contained in this Notice. In the 
event that a State fails to produce a grant awardee, NTIA reserves the 
right to perform the necessary broadband data collection.
    1. Use of Collected Broadband Data by Awardees. Awardees may use 
the data collected under this Program for any lawful use consistent 
with the requirements of this Program, including the confidentiality 
restrictions contained herein, and existing agreements between the 
awardee, the State, and broadband service providers. It is expected, 
however, that, in addition to providing all collected data to NTIA, 
applicants will use the data to develop and maintain a statewide 
broadband map that will be separate and distinct from the national 
broadband map and will be tailored to suit the needs of the particular 
State. Though it will be separate and distinct from the national 
broadband map, applicants must provide NTIA with a hypertext link to 
the State maps for display on a Web page on the Department of Commerce 
Web site.
    2. Use of Collected Broadband Data by NTIA and the FCC. The data 
collected under this Program will be used for public purposes and also 
utilized by governmental entities. For example, because of its value in 
identifying appropriate areas for broadband investment and economic 
stimulus, the collected data will inform NTIA's grant-making decisions 
under the Broadband Technology Opportunities Program (BTOP). The 
national broadband map that will be developed and maintained using 
these and other data will publicly display the following information 
about broadband service available from a public or private provider:
    (a) Geographic areas in which broadband service is available;
    (b) The technologies used to provide broadband service in such 
areas;
    (c) The spectrum used for the provision of wireless broadband 
service in such areas;
    (d) The speeds at which broadband service is available in such 
areas; and
    (e) Broadband service availability at public schools, libraries, 
hospitals, colleges and universities and all public buildings owned or 
leased by agencies or instrumentalities of the States or municipalities 
or other subdivisions of the States and their respective agencies or 
instrumentalities.
    The national map will also be searchable by address. To the 
greatest extent possible, at every address, the type and speed of 
broadband service will be provided. For providers of wireless broadband 
service, the spectrum used for the provision of service will be 
provided. If the applicable broadband service provider so chooses, the 
provider's identity will also be available, otherwise the map will 
simply display that an anonymous provider utilizing a particular type 
of technology is providing service to a location. Furthermore, to the 
extent possible, the service areas of individual providers will be 
aggregated with other providers of the same technology type.
    Though collected under this Program, data concerning the Average 
Revenue Per User (ARPU) and data regarding the type, technical 
specification, or location of infrastructure owned, leased, or used by 
a broadband service provider will not be displayed on the public 
national broadband map.\10\ The above paragraphs notwithstanding, if 
provider consent is granted, NTIA may display the above provider-
specific information on the national broadband map.
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    \10\ However, NTIA is considering methods for displaying some 
pricing data that will be collected through other avenues.
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    In addition to the above broadband-related information, the 
national broadband map may display a wide range of additional, 
economic, and demographic data derived from other sources. Such data, 
however, are not the subject of this Notice.
    B. Program Priorities:
    1. Broadband Mapping. With respect to this Program, NTIA's highest 
priority is the development and maintenance of a national broadband 
map. Therefore, NTIA intends to fund high-quality projects that are 
designed to gather data at the address-level on broadband availability, 
technology, speed, infrastructure, ARPU, and, in the case of wireless 
broadband, the spectrum used, across the project areas. NTIA has 
determined that the BDIA's eligible uses regarding State-specific data 
collection and geographic inventory broadband mapping activities are 
encompassed within the broadband mapping grant guidelines described 
herein. Successful projects must propose: (a) To provide comprehensive 
and verifiable data meeting the Program standards as published in this 
Notice, such data will be accessible and clearly presented to NTIA, the 
public, and State and local governments without unduly compromising 
data or the protection of Confidential Information as defined in this 
notice; (b) a workable and sustainable framework for repeated updating 
of data; (c) a plan for collaboration with State-level agencies, local 
authorities, and other constituencies, as well as a proposal for 
planning projects designed to identify and address broadband challenges 
in the State; (d) feasible projects as demonstrated by a reasonable and 
cost-efficient budget, and a showing of applicant capacity, knowledge 
and experience; and (e) a timeline for expedient data delivery.
    2. Broadband Planning. Only applications that meet the broadband 
mapping purposes set forth in the above paragraph will be considered 
for planning funding, and mapping proposals do not need to include a 
planning component. However, applicants may propose projects or award 
uses that relate to an enumerated BDIA purpose described in Section I 
of this Notice that addresses a need in their State. Any proposed use 
of funds that is not directed towards the collection of data for, or 
the development and maintenance of, the State or national broadband map 
will be considered a planning use. There is a presumption that the BDIA 
purposes involving the identification of barriers to the adoption of 
broadband service and information technology services, the creation and 
facilitation of local technology planning teams, and the establishment 
of computer ownership

[[Page 32548]]

and Internet access programs are not mapping-related and therefore are 
only eligible for broadband planning funding. However, applicants may 
demonstrate in their applications how a use under such categories will 
inform the collection of broadband data or development of State and 
national broadband maps. Broadband planning funds will be limited, and 
broadband planning-related uses under any grant application budget may 
not exceed $500,000.
    C. Review and Selection Processes:
    The review process involves the three stages outlined below. NTIA 
anticipates that the processing and selection of applications for 
funding will require one (1) month from the date of submission.
    1. Eligibility. Upon receipt, NTIA will screen applications for 
factors determining eligibility as described in the section entitled 
``Eligibility Information'' below. In the case that NTIA determines 
that an application fails to address adequately any eligibility 
criteria before the application deadline, NTIA may alert the applicant 
of such deficiency and the applicant may revise such application before 
the application deadline to comply with Program requirements. However, 
NTIA has no affirmative obligation to notify applicants of a deficient 
application and will not be held responsible for any deficiencies that 
are not remedied in a timely manner.
    2. Technical Review. Each eligible application will be reviewed by 
a panel of at least three peer/expert reviewers who have demonstrated 
expertise in both the programmatic and technological aspects of the 
Program. The peer/expert review panel members will individually 
evaluate applications according to the review criteria provided in 
Section VII of this Notice and provide ratings to the Program staff. 
Each peer/expert reviewer will be required to sign and submit a 
nondisclosure and confidentiality form to prevent the dissemination of 
Confidential Information, and to prevent financial and other conflicts 
of interest.
    3. Programmatic Review and Revision Process. Following the 
Technical Review, each eligible application will be reviewed by Program 
staff for policy determinations and conformity with programmatic goals. 
Program staff will analyze applications considered for award to assess: 
(a) Whether a proposed project meets the Program's funding constraints; 
(b) the eligibility of costs and matching funds included in an 
application's budget; and (c) the extent to which an application 
complements or duplicates projects previously funded or under 
consideration by NTIA or other Federal programs. Following this 
programmatic review, Program staff may contact an eligible applicant to 
discuss any recommended adjustments or revisions to their applications 
necessary to better meet Program goals. Revisions are intended to 
resolve any differences that exist between the applicant's original 
request and what the State Broadband Data Program proposes to fund and, 
if necessary, to clarify items in the application. Staff may also 
request additional corroborating documentation from applicants. These 
documents will be reviewed by Program staff with the support of 
external engineering, design, information technology, geographic 
information systems, broadband, and other subject-matter experts to 
evaluate the consistency of the applications with the supporting 
documents and ensure that applications merit State Broadband Data 
Program awards.
    Upon the conclusion of the programmatic review and revision 
process, each application will continue through the selection process. 
The Program Director will prepare and present a slate of recommended 
grant awards to the Associate Administrator for review and approval. 
The Program Director's recommendations and the Associate 
Administrator's review and approval of those recommendations will take 
into account the selection factors listed below.
    Upon approval by the Associate Administrator, the Program 
Director's recommendations will be presented to the Selecting Official, 
the Assistant Secretary. The Assistant Secretary selects the 
applications for grant award, taking into consideration the Program 
Director's recommendations and the degree to which the slate of 
applications, taken as a whole, satisfies the selection factors 
described below and the Program's stated purposes as set forth in the 
section entitled ``Program Description.''
    The Selecting Official will issue awards after considering the 
following selection factors:
    (a) The evaluations of the peer/expert reviewers;
    (b) The analysis of Program staff;
    (c) The degree to which the proposed grants meet the Program's 
purpose as described in this Notice;
    (d) Avoidance of redundancy and conflicts with the initiatives of 
other Federal agencies; and
    (e) The availability of funds.

III. Definitions

    For the purposes of this Program, NTIA has adopted the following 
definitions for the State Broadband Data Program, many of which were 
developed for BTOP, pursuant to Recovery Act Section 6001(a). 
Applicants for these grants should refer to the following definitions 
when completing their applications:
    Applicant. An entity requesting approval for an award under this 
Notice.
    ARPU. Average Revenue Per User. Average Revenue Per User for this 
Program is as defined in the Technical Appendix.
    Assistant Secretary. The Assistant Secretary for Communications and 
Information, National Telecommunications and Information 
Administration, Department of Commerce, or the Assistant Secretary's 
designee.
    Associate Administrator. The Associate Administrator of the 
National Telecommunications and Information Administration, Department 
of Commerce/the Director of the Office of Telecommunications and 
Information Applications, or the Associate Administrator's designee.
    Available. Broadband service is ``available'' to an end user at an 
address if a broadband service provider does, or could, within a 
typical service interval (7 to 10 business days) without an 
extraordinary commitment of resources, provision two-way data 
transmission to and from the Internet with advertised speeds of at 
least 768 kilobits per second (kbps) downstream and at least 200 kbps 
upstream to the end user at the address.
    Award. A grant made under this Notice by NTIA.
    Awardee. A recipient of an Award under this Notice; a grantee.
    Broadband. Data transmission technology that provides two-way data 
transmission to and from the Internet 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 
within the project area.
    Broadband Service. The provision of broadband on either a 
commercial or non-commercial basis.
    BTOP. The Broadband Technology Opportunities Program, administered 
by NTIA, under Section 6001 of the Recovery Act.
    Community Anchor Institutions. Schools, libraries, medical and 
healthcare providers, public safety entities, community colleges and 
other institutions of higher education, and other community support 
organizations and entities.

[[Page 32549]]

    Confidential Information. Any information, including trade secrets, 
or commercial or financial information, submitted under this Program 
that: (1) Identifies the type and technical specification of 
infrastructure owned, leased, or used by a specific broadband service 
provider; (2) identifies the average revenue per user (ARPU) for a 
specific broadband service provider; or (3) explicitly identifies a 
broadband service provider in relation to its specific Service Area or 
at a specific Service Location. For example, a broadband service 
provider's specific service ``footprint'', as identified with such 
provider, will be considered Confidential Information for the purposes 
of this Program and will either (a) be aggregated with other available 
providers of the same technology type before being published in the 
national broadband map, in which case the map would only display the 
aggregated list of providers that have consented to have their names 
displayed for such service area; or (b) in the absence of other 
providers of the same technology type with which a provider's specific 
service ``footprint'' can be aggregated, be displayed without providing 
the provider's identity, unless the provider gives its consent. NTIA 
and the FCC may otherwise aggregate, combine or mask broadband service 
provider data, and take other steps so as to make such data suitable 
for public release.
    Notwithstanding the foregoing, Confidential Information, as defined 
herein and as provided as part of a project funded under this Program, 
will not be made publicly available, pursuant to the limitations set 
forth in the BDIA, except as required by applicable law or judicial or 
administrative action or proceeding, including the Freedom of 
Information Act requirements.\11\
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    \11\ BDIA Sec.  106(h), 122 Stat. at 4101.
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    Data. Statistics, figures, descriptions, maps, geographic 
coordinates, or other such information relating to the provision of 
broadband services.
    End User. A residential or business party, institution or State or 
local government entity, including a Community Anchor Institution, that 
may use broadband service for its own purposes and that does not resell 
such service to other entities or incorporate such service into retail 
Internet-access services. Internet Service Providers (ISPs) are not 
``end users'' for this purpose.
    In-Kind Contribution. Qualifying non-cash donations, including 
third-party in-kind contributions, of property, goods or services, 
which benefit a Federally assisted project, and which may count toward 
satisfying the non-Federal matching requirement. See the section 
entitled ``Eligibility Information'' below for a full discussion of the 
Program's treatment of in-kind contributions and the Federal structure 
for determining when a contribution qualifies.
    Pre-Award Costs. Reasonable costs incurred after the enactment of 
the Recovery Act (February 17, 2009) but prior to the effective date of 
the award directly pursuant to and in anticipation of the award where 
such costs are necessary to comply with the proposed delivery schedule 
or period of performance. Such costs are allowable only to the extent 
that they would have been allowable if incurred after the date of the 
award, and only with the written approval of NTIA.
    Recovery Act. The American Recovery and Reinvestment Act of 2009, 
Public Law 111-5, 123 Stat. 115 (2009).
    Rural Area. Any area, as confirmed by the latest decennial census 
of the Bureau of the Census, which is not located within: (i) A city, 
town, or incorporated area that has a population of greater than 20,000 
inhabitants; or (ii) 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 U.S. Census Bureau.
    Secretary. The Secretary of Commerce.
    Service Area. The entire area within which an existing service 
provider offers broadband service.
    Service Location. The specific geographic point or location at 
which a service provider offers broadband service, such as a specific 
residence or business.
    State. A State, the District of Columbia, or a territory or 
possession of the United States. For the purposes of the designation of 
an eligible entity, the term ``State'' will be interpreted to mean the 
Governor or in the absence of a designation by the Governor, the 
Legislature, officer, or executive agency within the State that the 
Governor or State Constitution authorizes to take binding action for 
the State. In the case State, the District of Columbia, or a territory 
or possession of the United States, the terms Governor, Legislature or 
State Constitution shall mean their respective functional equivalents.
    Substantially Complete Data Set. A data set is substantially 
complete when it contains data on broadband services provided by (a) 70 
percent of broadband service providers in a State; (b) to 80 percent of 
households in a State; (c) to 90 percent of households in rural areas 
of the State; and (d) to 95 percent of public Community Anchor 
Institutions.
    Underserved Area. An area composed of one or more contiguous census 
blocks meeting certain criteria that measure the availability of 
broadband service and the level of advertised broadband speeds.\12\ 
Specifically, an area is underserved if at least one of the following 
factors is met, though the presumption will be that more than one 
factor is present: (i) No more than 50 percent of households in the 
service area have access to facilities-based terrestrial broadband 
service at greater than the minimum broadband transmission speed (set 
forth in the definition of broadband above); (ii) no fixed or mobile 
broadband service provider advertises broadband transmission speeds of 
at least three megabits per second (``mbps'') downstream in the area; 
or (iii) the rate of broadband subscribership for the area is 40 
percent of households or less.\13\ A household has access to broadband 
service if the household can readily subscribe to that service upon 
request.
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    \12\ Census blocks are the smallest geographic areas for which 
the U.S. Bureau of the Census collects and tabulates decennial 
census data. Census blocks are formed by streets, roads, railroads, 
streams and other bodies of water, other visible physical and 
cultural features, and the legal boundaries shown on Census Bureau 
maps. Census data at this level serve as a valuable source for 
small-area geographic studies. See the Census Bureau's Web site at 
http://www.census.gov for more detailed information on its data 
gathering methodology.
    \13\ These criteria conform to the two distinct components of 
the BIP and BTOP categories of eligible projects--Last Mile and 
Middle Mile.
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    Unserved Area. An area composed of one or more contiguous census 
blocks where at least 90 percent of households in the service area lack 
access to facilities-based terrestrial broadband service, either fixed 
or mobile, at the minimum broadband transmission speed (set forth in 
the definition of broadband above). A household has access to broadband 
service if the household can readily subscribe to that service upon 
request.

IV. Award Information

    A. Funding Availability and Estimated Funding: The Recovery Act 
authorizes NTIA to expend up to $350 million for the purposes of 
developing and maintaining a broadband inventory map and pursuant to 
the BDIA.\14\ NTIA expects grant awards to range between $1.9 million 
and $3.8 million per State for the mapping portion of each project,

[[Page 32550]]

and up to $500,000 for the planning portion of each project. The exact 
size of any award will depend on the specifics of each project, the 
quality of each project as determined in NTIA's review, as well as 
demographic and geographic features unique to each State. Project 
budgets will be carefully reviewed to ensure that they are appropriate 
given the specifics of the project and the project State. Fiscally 
irresponsible budgets will be detrimental to an application. Any funds 
not expended under this Program will be reallocated to BTOP purposes.
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    \14\ Recovery Act, Title II, Div. A. 123 Stat. at 128.
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    Publication of this Notice does not obligate NTIA to award any 
specific project or obligate all or any parts of any available funds.
    B. Award Period: All awards under this Program must be made no 
later than September 30, 2010. The period of performance will be five 
(5) years from the date of award.
    C. Type of Funding Instrument: Grant.

V. Eligibility Information

    A. Eligible Applicants: Pursuant to the BDIA, eligible recipients 
of State Broadband Data Program grants are:
    (a) Entities that are either (i) an agency or instrumentality of a 
State, or a municipality or other subdivision (or agency or 
instrumentality of a municipality or other subdivision) of a State; 
(ii) a nonprofit organization that is described in Section 501(c)(3) of 
the Internal Revenue Code of 1986 and that is exempt from taxation 
under Section 501(a) of such Code; or (iii) an independent agency or 
commission in which an office of a State is a member on behalf of the 
State; and
    (b) The single eligible entity in the State that has been 
designated by the State to receive a grant under this section.\15\
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    \15\ BDIA Sec.  106(i)(2)(B), 122 Stat. at 4102.
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    Matching Funds and Cost Sharing Requirements: Awardees under this 
Program will be required to provide and document at least 20 percent 
non-Federal matching funds toward the total eligible project cost.\16\ 
Applicants must document their capacity to provide matching funds. 
Matching funds may be in the form of either cash or in-kind 
contributions consistent with 15 CFR 14.23, 24.3, and 24.24. Certain 
pre-award costs may be credited towards an applicant's matching funds 
requirements. As provided in 48 U.S.C. 1469a, the requirement for local 
matching funds under $200,000 (including in-kind contributions) is 
waived for the Territorial governments in Guam, American Samoa, the 
U.S. Virgin Islands, and the Commonwealth of the Northern Mariana 
Islands. Grant funds under this Program will be released in direct 
proportion to the documented expenditure of matching funds.
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    \16\ BDIA Sec.  106(c)(2), 122 Stat. at 4099. Generally, Federal 
funds may not be used as matching funds except as provided by 
Federal statute. See ``Uniform Administrative Requirements for 
Grants and Agreements with Institutions of Higher Education, 
Hospitals, Other Non-profit, and Commercial Organizations,'' 15 CFR 
14.23(a)(5); see also ``Uniform Administrative Requirements for 
Grants and Cooperative Agreements to State and Local Governments,'' 
15 CFR 24.24(b)(1).
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    In-Kind Contributions. In-kind contributions, which include third-
party in-kind contributions, are non-cash donations of property, goods 
or services, which benefit a Federally assisted project, and which may 
count toward satisfying the non-Federal matching requirement when they 
meet certain criteria.\17\ The rules governing allowable in-kind 
contributions are very detailed and encompass a wide range of 
properties and services. NTIA encourages grant applicants to consider 
thoroughly potential sources of in-kind contributions which, depending 
on the particular property or service and the cost principles 
applicable to the applicants' organization type, could include: 
employee or volunteer services; equipment; supplies; indirect 
costs;\18\ computer hardware and software; use of facilities; 
expenditures for existing programs presented as part of the project 
proposal under this Program. In addition, applicants may propose as in-
kind contributions the ascertainable fair market value of data 
previously collected and related to the BDIA-eligible uses under this 
Program. If data previously collected is to be claimed as an in-kind 
contribution, applicants must provide a basis for estimating fair 
market value, including but not limited to the documented costs 
incurred for data collection. NTIA reserves the right at its discretion 
to provide in-kind credit for an amount different than that claimed by 
the applicant.
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    \17\ 15 CFR 14.23, 24.3, 24.22, 24.24. See also OMB Circular A-
87, ``Cost Principles for State, Local and Indian Tribal 
Governments'' (Rev. May 10, 2004), OMB Circular A-122, Cost 
Principles for Non-Profit Organizations (Rev. May 10, 2004), and 48 
CFR pt. 31, ``Contract Cost Principles and Procedures.''
    \18\ Reasonable indirect costs may be included as part of cost 
sharing or matching only with the prior approval of NTIA. The amount 
of indirect charges allocated to the budget is based on an 
applicant's indirect cost rate. An applicant may already have an 
indirect cost rate negotiated with a Federal agency, in which case, 
that rate may be applied to the applicant's grant if it is current. 
If it is not current, the applicant will need to update it. If an 
applicant does not have a negotiated rate, but would like to include 
indirect costs, the applicant will need to establish a rate with the 
Department of Commerce.
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    B. Confidentiality Requirements: The BDIA requires that to be 
eligible to receive a grant under this Program, entities must agree to 
treat any matter that is a trade secret, commercial or financial 
information, or privileged or confidential, as a record not subject to 
public disclosure except as otherwise mutually agreed to by the 
broadband service provider and the entity.\19\ As a condition of grant 
funding under this Program, awardees may not agree to a more 
restrictive definition of Confidential Information than the definition 
adopted by this Program.
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    \19\ BDIA Sec. Sec.  106(c)(3) and 106(h)(2), 122 Stat. at 4101-
2 (This requirement applies only to information submitted by the FCC 
or a broadband provider to carry out the provisions of the BDIA and 
shall not otherwise limit or affect the rules governing public 
disclosure of information collected by any Federal or State entity 
under any other Federal or State law or regulation).
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    Nondisclosure Agreements. As a measure to protect the confidential 
or proprietary nature of the information received from broadband 
service providers and other organizations during the data collection 
phase, awardees may execute nondisclosure agreements (consistent with 
applicable law) that require the awardees to treat any matter that is a 
trade secret, commercial or financial information, or privileged or 
confidential, as a record not subject to public disclosure except where 
mutually agreed upon by the information provider and the awardee, 
provided, however, that any such nondisclosure restriction (a) will not 
restrict the providing of all data collected under this Program to 
NTIA, nor (b) restrict NTIA's use of such data as contemplated under 
this Notice (including sharing such data with the FCC or other Federal 
agencies).
    To the extent required by law, NTIA agrees that it will not 
publicly disclose any Confidential Information, as defined herein, 
provided to it by an applicant or awardee under this Program. Providing 
Confidential Information to the FCC, or other Federal agencies as 
necessary, shall not constitute public disclosure. In any disclosure to 
the FCC or other Federal agencies, NTIA will request that such agency 
make no further disclosure of the Confidential Information except as 
required by applicable law or judicial or administrative action or 
proceeding.\20\
---------------------------------------------------------------------------

    \20\ The provisions of this section notwithstanding, all 
information submitted by an applicant or awardee to NTIA for the 
purposes of this Program will be subject to Freedom of Information 
Act requirements under 5 U.S.C. 552.
---------------------------------------------------------------------------

    C. Information Provided: In order to be eligible for a grant under 
this Program, each applicant must agree to provide NTIA with broadband 
data, of

[[Page 32551]]

the type and in the format provided in the Technical Appendix, from all 
commercial or public providers of broadband service in their respective 
States, including, but not limited to, commercial or public providers 
of broadband service to Indian tribes (as defined in Section 4 of the 
Indian Self-Determination and Education Assistance Act \21\), Native 
Hawaiian organizations, Community Anchor Institutions or agencies or 
instrumentalities of the States, or municipalities or other 
subdivisions of the States and their respective agencies or 
instrumentalities.
---------------------------------------------------------------------------

    \21\ 25 U.S.C. 450(b).
---------------------------------------------------------------------------

    In no case, however, are applicants required to propose collecting 
data on broadband service provided by the Federal government or any 
agencies or instrumentalities of the Federal government or broadband 
service provided on property owned or leased by the Federal government 
or any agencies, or instrumentalities of the Federal government.
    Failure to agree to collect the required data will render an 
applicant ineligible for funding under this Program.
    D. Participation Limit: This is a new program and no activities 
have been funded under it as of the date of this Notice. BDIA 
stipulates that no State-designated entity may receive a grant under 
this Program to fund activities described above if that entity, or 
another entity designated by that State, obtained prior grant awards 
under this section to fund the same activities in that State in each of 
the previous four (4) consecutive years.\22\ Because the Recovery Act 
requires the obligation of all funds by September 30, 2010, NTIA does 
not anticipate any situations where a violation of this provision could 
occur.
---------------------------------------------------------------------------

    \22\ BDIA Sec.  106(f), 122 Stat. at 4101.
---------------------------------------------------------------------------

    E. Funding Restrictions:
    1. Eligible Costs. Grant funds must be used only to pay for 
eligible costs. Under this Notice, eligible costs are governed by the 
Federal cost principles identified in the applicable OMB circulars and 
in the Program's authorizing legislation.\23\ In addition, costs must 
be reasonable, allocable, necessary to the project, and comply with the 
funding statute requirements. Neither mapping nor planning projects may 
include any construction costs.
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    \23\ The government has established a set of Federal principles 
for determining eligible or allowable costs. Allowability of costs 
will be determined in accordance with the cost principles applicable 
to the entity incurring the costs. Thus, allowability of costs 
incurred by State, local or Federally-recognized Indian tribal 
governments is determined in accordance with the provisions of OMB 
Circular A-87, ``Cost Principles for State, Local and Indian Tribal 
Governments.'' The allowability of costs incurred by non-profit 
organizations is determined in accordance with the provisions of OMB 
Circular A-122, ``Cost Principles for Non-Profit Organizations.'' 
The allowability of costs incurred by institutions of higher 
education is determined in accordance with the provisions of OMB 
Circular A-21, ``Cost Principles for Educational Institutions.'' The 
allowability of costs incurred by hospitals is determined in 
accordance with the provisions of Appendix E of 45 CFR pt. 74, 
``Principles for Determining Costs Applicable to Research and 
Development under Grants and Contracts with Hospitals.'' The 
allowability of costs incurred by commercial organizations and those 
non-profit organizations listed in Attachment C to Circular A-122 is 
determined in accordance with the provisions of the Federal 
Acquisition Regulation (FAR) at 48 CFR pt. 31. See 15 CFR 14.27, 
24.22 (governing the Department of Commerce's implementation of OMB 
requirements).
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    2. Recovery Act-Specific Restrictions. 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 Notice, none of the funds appropriated or otherwise 
made 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.\24\
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    \24\ Recovery Act Sec.  1604, 123 Stat. at 303.
---------------------------------------------------------------------------

VI. Application and Submission Information

    A. Address To Request Application Package: To ensure a successful 
submission, applicants must apply for State Broadband Data Program 
funding through the online Grants.gov system through the Authorized 
Organization Representative (AOR). Grants.gov, an e-Government 
initiative, is a ``storefront'' that provides a unified process for all 
seekers of Federal grants to find funding opportunities and apply for 
funding. If applicants have previously used Grants.gov, the existing 
account may be used for the State Broadband Data Program. States that 
have not previously submitted an application through Grants.gov are 
strongly encouraged to initiate the registration process as soon as 
possible. Instructions are available on the Grants.gov Web site (http://www.grants.gov). Application forms and instructions are also available 
at Grants.gov. To access these materials, go to http://www.grants.gov, 
select ``Apply for Grants,'' and then select ``Download Application 
Package.'' Enter the CFDA and/or the funding opportunity number located 
on the cover of this announcement. Select ``Download Application 
Package,'' and then follow the prompts. To download the instructions, 
go to ``Download Application Package'' and select ``Instructions.'' 
Applicants should visit Grants.gov prior to filing their applications 
so that they fully understand the process and requirements. Failure to 
properly register and apply for State Broadband Data Program funds by 
the deadlines may result in forfeiture of the grant opportunity. 
Applications are accepted until the deadline and processed as received. 
Applications submitted by hand delivery, mail, e-mail or facsimile will 
not be accepted.
    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 toll-free 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 
Central Contractor Registration (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.
    C. Content and Form of Application Submitted Through Grants.gov: 
The following is a list of required application forms:
    <bullet> Standard Form 424, Program Abstract/Program Narrative;
    <bullet> Standard Form 424, Application for Federal Assistance;
    <bullet> Standard Form 424A, Budget Information--Non-Construction 
Programs;
    <bullet> Standard Form 424B, Assurances--Non-Construction Programs;
    <bullet> Standard Form LLL, Disclosure of Lobbying Activities;
    <bullet> CD-511 Certification Regarding Lobbying; and
    <bullet> Letter of State Designation.
    Program Narrative. The applicant must complete a Program Narrative 
including responses to the five review criteria listed in Section VII 
(A) and listed below.
    The Narrative should begin with an introduction that serves as an 
Executive Summary of the project. It should be a brief, straightforward 
statement of what the application proposes to accomplish.
    The Narrative should also include a description of all unserved and 
underserved areas in their State as defined herein, to the extent they 
are known, and a prioritization for the allocation of grant funds 
within that

[[Page 32552]]

State for projects in or affecting the State.\25\
---------------------------------------------------------------------------

    \25\ Applicants may illustrate such known unserved areas through 
submission of a map.
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    The Narrative should then address the five review criteria in 
separate sections of the Narrative. Applicants should address the five 
criteria in the following order and each section should be labeled with 
the name of the criterion being discussed to help the reviewers who 
evaluate the application. Any exhibits, maps, timelines, or 
spreadsheets should be placed within the appropriate section of the 
narrative.
    1. Data:
    (a) Data Gathering. Applicants must provide a comprehensive 
description of how the applicant plans to obtain all data required 
under the Technical Appendix from commercial or public providers, as 
applicable (such description should identify general or specific 
methods, or legal authorities upon which applicants will rely to obtain 
the required data). Applicants should refer to specific data elements 
in the Technical Appendix when appropriate as part of their narrative.
    (b) Accuracy and Verification. Applicants must provide a 
description of what methods the applicant intends to employ to verify 
data accuracy.
    (c) Accessibility. Applicants must provide a description of how the 
State's broadband data will be publicly accessible, clearly presented, 
and easily understood by the public, government and the research 
community. Applicants must also describe the applicant's proposed 
State-level map.
    (d) Security and Confidentiality. Applicants must provide a 
description of what methods the applicant intends to employ to ensure 
both transparency of process and protection of collected data, 
including Confidential Information as defined herein.
    2. Project Feasibility:
    (a) Applicant Capabilities. Applicants must provide a detailed 
budget narrative providing detailed description of proposed project 
costs (including a detailed description of any proposed expenditures 
for the purchase of computer hardware, software, other information 
systems or the compensation of information technology personnel that 
will be used to collect and store all required data) and describing any 
proposed sources of in-kind match. The budget narrative must provide 
sufficient explanation of each budget category in order to establish 
the need for the funds in each category, and the basis for figures 
used. The budget narrative must be accompanied by a spreadsheet 
supporting how the budget request was calculated.
    Applicants that include requests for Broadband Planning activities 
within their application must provide a separate budget narrative and 
spreadsheet for the planning portion of their request.
    All applicants must demonstrate that they have the ability to 
secure the funding necessary to meet the required 20 percent non-
Federal matching contribution.
    (b) Applicant Capacity, Knowledge and Experience. Applicants must 
provide a description of applicant qualifications, including knowledge 
and experience of the applicant and the associated project personnel 
with conducting projects of similar scope and scale, including dealing 
with broadband or telecommunications technology, overseeing the 
projects that collect broadband or telecommunications-related data, or 
Geographic Information System (GIS) data.
    3. Expedient Data Delivery:
    Applicants must provide a timeline for major project goals, 
including anticipated dates of data delivery. This timeline should be 
ambitious and designed to facilitate the delivery of all data required 
by the Technical Appendix. NTIA will have a preference for the 
provision of a substantially complete set of availability data by 
November 1, 2009. Applicants that cannot provide a substantially 
complete set of availability data by November 1, 2009, may propose to 
provide an alternative data set by that date. Applicants must 
demonstrate that they have the ability to complete the project 
requirements within the proposed timeline, including the requirements 
to provide a substantially complete set of all broadband mapping data 
on or before February 1, 2010 and to complete such data collection by 
March 1, 2010. All data provided in the first collection should be 
accurate as of June 30, 2009.
    4. Process for Repeated Data Updating:
    Applicants must provide a description of what methods the applicant 
intends to use to provide for repeated updating of data on at least a 
semi-annual basis continuing for at least five (5) years after the date 
of the initial collection.\26\
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    \26\ Broadband mapping data should be updated at least on March 
1 of each year (by submitting data as of December 31 of the previous 
year) and at least September 1 of each year (by submitting data as 
of June 30 of that year). Because the initial data collection is due 
on February 1, 2010, the next update will be due on September 1, 
2010 but should include data accurate as of both December 31, 2009 
and June 30, 2010, after which, the collections will follow the 
specified schedule. For the purposes of this program, an update will 
be deemed to be a verification of existing data and a collection of 
any additional data reflecting the expansion or contraction of 
broadband availability since the previous data collection or update.
---------------------------------------------------------------------------

    5. Planning and Collaboration:
    Applicants must provide a description of how the applicant intends 
to collaborate with State-level agencies and local authorities in 
carrying out the mapping effort. Applicants that include a planning 
component must provide a description and justification on how well the 
proposed planning process will address one or more of the projects 
identified earlier in the BDIA.
    The narrative should be no longer than forty (40) pages in length, 
single spaced in 12 point Times New Roman font (or equivalent).
    Letter of State Designation. This letter, signed by the Governor or 
equivalent chief executive of the State, or his duly authorized 
designee, affirms that the applicant is the single eligible entity in 
the State that has been designated by the State to receive a grant 
under this Program.
    D. Submission Dates and Times: All applications must be submitted 
between July 14, 2009 at 8 a.m. ET and 11:59 p.m. ET on August 14, 
2009. The electronic application system at Grants.gov will provide a 
date and time stamped confirmation number that will serve as proof of 
submission.
    E. 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 NTIA will 
rely in awarding grants.
    F. Material Revisions: No material revision will be permitted for 
any applicant after the submission deadline.

VII. Application Review Information

    A. Evaluation Criteria: NTIA will evaluate applications for Mapping 
Grants on the basis of the following criteria. The relative weight of 
each criterion is identified in parenthesis.
    1. Data (30%)--All applicants will be evaluated based on the data 
they propose to provide to NTIA. As provided above in the section 
entitled ``Eligibility Information'', each applicant must agree to 
provide NTIA with broadband data, of the type and in the format 
provided in the Technical Appendix, from all commercial or public 
providers of broadband service in their respective States, including, 
but not limited to, commercial or public providers of broadband service 
to Indian tribes (as defined in Section 4 of the Indian Self-
Determination and

[[Page 32553]]

Education Assistance Act), Native Hawaiian organizations, Community 
Anchor Institutions or agencies or instrumentalities of the States, or 
municipalities or other subdivisions of the States and their respective 
agencies or instrumentalities. Failure to agree to collect such data 
will render an applicant ineligible for funding under this Program. In 
no case, however, are applicants required to propose collecting data on 
broadband service provided by the Federal government or any agencies or 
instrumentalities of the Federal government or broadband service 
provided on property owned or leased by the Federal government or any 
agencies, or instrumentalities of the Federal government.
    Reviewers will consider the following factors in scoring this 
criterion:
    (a) Accuracy and Verification. Data accuracy is extremely important 
and, while NTIA recognizes that 100 percent accuracy is not possible, 
reviewers will carefully consider an applicant's proposed methods for 
verifying data.\27\ Also, proposed data collection methods that do not 
provide more than one way to determine the accuracy of availability 
data at any given location will not receive high scores.
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    \27\ \\ For example, a project should propose to collect 
availability data by address, as required by the Technical Appendix, 
and should cross-check that data for accuracy by using at least one 
other metric (e.g., the location and capability of local 
infrastructure and whether such infrastructure could realistically 
serve a supposed service address, on-the-ground verification or 
telephone survey. Each method should be used to check a 
statistically significant sample of all addresses, and a 
statistically significant sample of rural addresses).
---------------------------------------------------------------------------

    (b) Accessibility. Applicants will be evaluated based on how the 
data are accessible to, clearly presented to, and easily understood by 
the public, including members of the research community, and local and 
State government, excluding any data considered to be Confidential 
Information, as defined in this Notice.
    (c) Security and Confidentiality. Some data collected under the 
Program may be considered highly sensitive or confidential. Therefore, 
applicants must demonstrate and will be evaluated based on how well the 
applicant proposes to protect collected data, including Confidential 
Information as defined herein, while fulfilling the other criteria 
provided in this section.
    2. Project Feasibility (30%)--
    (a) Budget. This criterion evaluates whether the applicant presents 
a budget that is both reasonable and cost efficient, considering the 
full nature and scope of the project. Reviewers will also consider 
whether the applicant has demonstrated ability to secure the funding 
necessary to meet the required 20 percent non-Federal matching 
contribution.
    (b) Applicant Capacity, Knowledge, and Experience. Reviewers also 
will assess whether the applicant possesses the necessary 
qualifications to complete the proposed project within Program 
standards. In performing this assessment reviewers will consider the 
capacity and relevant subject matter specific knowledge and experience 
of the applicant and the associated project personnel with conducting 
projects of similar scope and scale. Reviewers will assess the 
qualifications and past experience of the project leaders and/or 
partners in dealing with broadband or telecommunications technology and 
in designing, implementing, and effectively managing and overseeing the 
projects that collect broadband or telecommunications-related data, and 
utilize and manage Geographic Information System (GIS) data.
    3. Expedient Data Delivery (20%)--Applicants will be reviewed based 
on the timeline on which they project delivery of the initial 
submission of a substantially complete set of broadband mapping data. 
This timeline should be ambitious and designed to facilitate the 
delivery of all data required by the Technical Appendix. NTIA will have 
a preference for the provision of a substantially complete set of 
availability data by November 1, 2009. Applicants that cannot provide a 
substantially complete set of availability data by November 1, 2009, 
may propose to provide an alternative data set by that date. Applicants 
must demonstrate that they have the ability to complete the project 
requirements within the proposed timeline, including the requirements 
to provide a substantially complete set of all broadband mapping data 
on or before February 1, 2010 and to and to complete such data 
collection by March 1, 2010. All data provided in the first collection 
should be accurate as of June 30, 2009.
    4. Process for Repeated Data Updating (10%)--The broadband 
landscape is rapidly changing, and both the State broadband maps and 
national broadband map must be able to reflect these changes. All 
applicants will be evaluated based on their ability to update the data 
at least semi-annually and on a continuing basis. Because the initial 
data collection is due on February 1, 2010, the next update will be due 
on September 1, 2010 but will collect data as of both December 31, 2009 
and June 30, 2010. For all subsequent data updates, data should be 
updated at least on March 1 of each year (by submitting data as of 
December 31 of the previous year) and at least September 1 of each year 
(by submitting data as of June 30 of that year), so as to coincide with 
the Federal Communications Commission's Form 477 data collections. 
Applicants are expected to propose to update data for at least five (5) 
years from the date of award. Applicants are encouraged to consider 
methods of automated or direct-from-provider data input, while also 
considering Data Accuracy and Verification needs.
    5. Planning and Collaboration (10%)--
    (a) Collaboration. Collaboration with State-level agencies, local 
authorities, businesses and non-profit organizations will be a critical 
component of any successful data collection or mapping effort. 
Reviewers will carefully consider the transparency and inclusiveness of 
the process used to plan and execute data collection and State-level 
broadband mapping. Reviewers will also examine the existing 
relationships and proposed collaborations with necessary parties, 
including broadband service providers, information technology 
companies, mapping companies, State and local governments, geographic 
information agencies and councils, Community Anchor Institutions, 
consumer and public interest groups, Indian tribes (as defined in 
Section 4 of the Indian Self-Determination and Education Assistance 
Act), Native Hawaiian organizations, minority and vulnerable 
populations, industry, and other such parties and institutions.
    If applicable, any applications that do not include the collection 
of data from Indian tribes (as defined in Section 4 of the Indian Self-
Determination and Education Assistance Act), tribal lands, or Native 
Hawaiian organizations will not be eligible for grants.
    (b) Planning. In addition to inclusiveness and collaboration, 
proposals including planning components will be evaluated based on how 
well the proposed planning process will identify service availability 
and gaps, analyze problems and opportunities related to broadband 
deployment, and determine priorities as well as resolve conflicting 
priorities. Planning proposals must present the following: (1) The 
BDIA-related purpose as listed footnote 6; (2) the problem(s) to be 
addressed; (3) the proposed solution; (4) the anticipated outcomes of 
the project; and (5) the cost of such proposal in light of the previous 
factors.

VIII. Anticipated Award Dates

    NTIA will announce the awards starting on or about September 15, 
2009.

[[Page 32554]]

NTIA will make award documents available to successful applicants 
within thirty (30) calendar days of the award announcement. NTIA 
expects compliance with all applicable documentation requirements from 
successful applicants within sixty (60) calendar days of award 
announcement.

IX. Award Administration Information

    A. Award Notices: Applicants will be notified by the Department of 
Commerce's Grants Officer if their applications are selected for an 
award. If the application is selected for funding, the Department of 
Commerce's Grants Officer will issue the grant award (Form CD-450), 
which is the authorizing financial assistance award document. By 
signing the Form CD-450, the awardee agrees to comply with all award 
provisions. NTIA will provide the Form CD-450 by mail or overnight 
delivery to the appropriate business office of the recipient's 
organization. The awardee must sign and return the Form CD-450 without 
modification within thirty (30) calendar days of receipt.
    If an applicant is awarded funding, neither the Department of 
Commerce nor NTIA is under any obligation to provide any additional 
future funding in connection with that award or to make any future 
award(s). Amendment or renewal of an award to increase funding or to 
extend the period of performance is at the discretion of the Department 
of Commerce and of NTIA.
    B. 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 Federally-
funded facilities.
    2. Access to Records for Audits, Site Visits, Monitoring and Law 
Enforcement Purposes. The Inspector General of the Department of 
Commerce, or any of his or her duly authorized representatives, and 
NTIA representatives, or any of their duly authorized representatives, 
shall have access to and the right to inspect any property or documents 
funded by the grant, or relating to the grant funding, of the parties 
to a grant, including their subsidiaries, if any, whether written, 
printed, recorded, produced, or reproduced by any electronic, 
mechanical, magnetic or other process or medium, in order to make 
audits, inspections, site visits, excerpts, transcripts, copies, or 
other examinations as authorized by law. An audit of an award may be 
conducted at any time.
    C. Award Conditions: Awardees are required to comply with the 
Department of Commerce Financial Assistance Standard Terms and 
Conditions (March 8, 2008), the Department of Commerce American 
Recovery and Reinvestment Act Award Terms (April 9, 2009), and any 
Special Award Terms and Conditions that are included by the Grants 
Officer in the award.

X. Other Information

    A. Discretionary Awards: The Federal 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.
    B. Third Party Beneficiaries: The State Broadband Data Program is a 
discretionary grant program that is not intended to and does not create 
any rights enforceable by third party beneficiaries.
    C. Recovery Act Logo: As provided above in the section entitled 
``Funding Restrictions,'' neither mapping nor planning projects may 
include construction costs. However, all projects that are funded by 
the Recovery Act, including projects under this Program, 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 6 inches in diameter.
    D. Environmental and National Historic Preservation Requirements: 
All applicants seeking Federal funding may be required to provide 
adequate environmental information and gather information from Federal 
and State regulatory agencies, including the designated State Historic 
Preservation Officer and Indian tribes, as appropriate. Applications 
must comply with the National Environmental Policy Act of 1969, as 
amended (NEPA), and Section 106 of the National Historic Preservation 
Act of 1966, as amended (NHPA), and may require the submission of 
additional information early in the application process. Applicants 
will also be required to cooperate with NTIA in identifying feasible 
measures to reduce or avoid any identified adverse environmental 
impacts of their proposal. The failure to do so shall be grounds for 
not selecting an application. In some cases if additional information 
is required after an application is selected, funds can be withheld by 
the Grants Officer under a special award condition requiring the 
recipient to submit additional environmental compliance information 
sufficient to enable NTIA to make an assessment on any impacts that a 
project may have on the environment.
    NEPA's implementing regulations require NTIA to provide, as 
appropriate, public notice of the availability of project-specific 
environmental documents. Detailed information on NTIA compliance with 
NEPA can be found at the following NOAA NEPA Web site: http://www.nepa.noaa.gov/procedures.html under ``Department of Commerce 
Categorical Exclusions and Administrative Record'' and the ``NTIA 
Broadband Technology Opportunity Program Categorical Exclusions and 
Administrative Record.'' Written requests for a hard copy should be 
submitted to: Steve Kokkinakis, National Oceanic and Atmospheric 
Administration, Office of Program Planning & Integration, SSMC3, Room 
15723, 1315 East-West Highway, Silver Spring, MD 20910.
    E. 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.'' \28\
---------------------------------------------------------------------------

    \28\ Recovery Act Sec.  1606, 123 Stat. at 303.
---------------------------------------------------------------------------

    F. Buy America: 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.\29\
---------------------------------------------------------------------------

    \29\ Recovery Act, Sec.  1605, 123 Stat. at 303.
---------------------------------------------------------------------------

    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.\30\
---------------------------------------------------------------------------

    \30\ See Requirements for Implementing Sections 1512, 1605, and 
1606 of the American Recovery and Reinvestment Act of 2009 for 
Financial Assistance Awards, 74 FR 18, 449 (Apr. 23, 2009).
---------------------------------------------------------------------------

    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/

[[Page 32555]]

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 
sub-recipient audit reports are received and for resolving any audit 
findings.
    H. Deobligation: NTIA reserves the right to deobligate awards to 
recipients under this Notice that demonstrate an insufficient level of 
performance, or wasteful or fraudulent spending, and award these funds 
competitively to new or existing applicants.
    I. Disposition of Unsuccessful Applications: Unsuccessful 
applications accepted for review for the Fiscal Year 2009 the State 
Broadband Data Program will be retained for two years, after which they 
will be destroyed.
    J. Compliance with Applicable Laws and Administrative Requirements: 
Any recipient and subrecipient of funds under this Notice shall be 
required to comply with all applicable obligations set forth in the 
Recovery Act and all Federal and State laws. Administrative and 
national policy requirements for State Broadband Data Program funding, 
inter alia, are contained in the DOC American Recovery and Reinvestment 
Act Award Terms (Apr. 9, 2009) and Pre-Award Notification Requirements 
for Grants and Cooperative Agreements (DOC Pre-Award Notice), published 
in the Federal Register on February 11, 2008 (73 FR 7696), as amended. 
This notice may be accessed by entering the Federal Register volume and 
page number provided in the previous sentence at the following Internet 
Web site: http://www.gpoaccess.gov/fr/index.html. All State Broadband 
Data Program applicants are required to comply with all applicable 
provisions set forth in the DOC Pre-Award Notice.
    Note that section 1515 of the Recovery Act authorizes the Inspector 
General to examine records and interview officers and employees of the 
grantee and other entities regarding the award of funds.\31\
---------------------------------------------------------------------------

    \31\ Recovery Act Sec.  1515, 123 Stat. at 289.
---------------------------------------------------------------------------

    K. Waiver Authority: It is the general intent of NTIA not to waive 
any of the provisions set forth in this Notice. However, under 
extraordinary circumstances and when it is in the best interests of the 
Federal government, NTIA, upon its own initiative or when requested, 
may waive the provisions in this Notice. Waivers may only be granted 
for requirements that are discretionary and not mandated by statute or 
other applicable law. Any request for a waiver must set forth the 
extraordinary circumstances for the request and be included in the 
application or sent to the address provided in ``NTIA Contacts'' above.
    L. Limitation of Liability: Under no circumstances will NTIA or the 
Department of Commerce be responsible for proposal preparation costs if 
this Program fails to receive funding or is canceled because of other 
NTIA priorities. Publication of this announcement does not oblige NTIA 
to award any specific project or to obligate any available funds.
    M. Cooperation with NTIA and FCC National Broadband Mapping 
Efforts:
    Cooperation. In addition to the other requirements provided in this 
Notice, all awardees agree to cooperate with NTIA and the FCC's 
national broadband mapping efforts. In particular, awardees agree that, 
to the extent necessary, they will coordinate with and lend reasonable 
assistance to NTIA and the FCC, or the employees, agents, 
representatives, contractors, vendors or consultants of each, in such 
parties' efforts to assist the recipients in their data collection or 
to collect broadband mapping related data directly in the States.
    In the case that an application on behalf of a State fails to 
satisfy the requirements of this Program, NTIA reserves the right to 
collect broadband mapping data relating to such State directly or 
through NTIA's authorized agent, contractor or representative, using 
whatever means are within its legal authority.\32\
---------------------------------------------------------------------------

    \32\ Recovery Act Sec.  6001(l), 123 Stat. at 516 requires that 
NTIA develop and maintain a comprehensive nationwide inventory map 
of existing broadband service capability and availability in the 
United States.
---------------------------------------------------------------------------

    FCC Authority. Insofar as awardees are unwilling or unable to 
obtain requested data, NTIA reserves the right to request that the FCC 
exercise its authority to compel data production from any broadband 
service provider subject to its jurisdiction.
    N. Administrative Procedure Act and Regulatory Flexibility Act 
Statement: This Notice is being issued without prior notice or public 
comment. The Administrative Procedure Act (APA), 5 U.S.C. 553, 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.''
    Commerce has determined, consistent with the APA, that making these 
funds available under this Notice 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 
Notice 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, Commerce 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 (5 U.S.C. 601 et seq.) are inapplicable. 
Therefore, a regulatory flexibility analysis is not required and has 
not been prepared.
    O. Congressional Review of Act: NTIA has submitted this Notice to 
the Congress and the Government Accountability Office under the 
Congressional Review of Agency Rulemaking Act, 5 U.S.C. 801 et seq. 
This Notice is a ``major rule'' within the meaning of the Act because 
it will result in an annual effect on the economy of $100,000,000 or 
more. This Notice sets out the administrative procedures for making 
grants to State, local, tribal and other State approved organizations 
for the development and implementation of statewide initiatives to 
identify and track the availability and adoption of broadband services 
within each State through the State Broadband Data Program.
    With funds made available through the Recovery Act, the State 
Broadband Data Program will provide approximately $240 million in 
grants to assist eligible entities, including States, in developing 
State-specific data on the deployment levels and adoption rates of 
broadband services. All grant funds must be obligated by September 30, 
2010. The State-specific data collected through this Program will help 
to determine those areas of the United States that are ``unserved'' or 
``underserved'' and so inform the award of grants under BTOP, which 
grants also must be awarded no later than September 30, 2010. The data 
will also be used in the development of the national broadband map that 
NTIA is required to create and make publicly available by February 2011 
under Section 6001(l) of the Recovery Act. A 60-day delay in 
implementing this Notice would hamper NTIA's mission to expeditiously 
provide assistance to eligible entities for the development of this key 
State-specific data on broadband deployment levels and adoption rates 
as well as hinder NTIA's

[[Page 32556]]

ability to meet the purposes of the BTOP and national broadband map 
development in a timely fashion.
    Thus, in compliance with Section 808(2) of the Congressional Review 
of Agency Rulemaking Act, 5 U.S.C. 808(2), for good cause, NTIA finds 
that notice and public comment on this Notice is impracticable and 
contrary to the public interest. This finding is consistent with the 
objectives of the Recovery Act, which specifically provides clear 
preferences for rapid agency action and quick-start activities designed 
to spur job creation and economic benefit.\33\ Accordingly, this Notice 
shall take effect upon publication in the Federal Register.
---------------------------------------------------------------------------

    \33\ See, e.g., Recovery Act Sec.  1602, 123 Stat. at 302.
---------------------------------------------------------------------------

    P. Paperwork Reduction Act: This notice contains an information 
collection requirement subject to the requirements of the Paperwork 
Reduction Act (44 U.S.C. 3501 et seq.). Applicants have been requested 
to submit applications using Standard Form 424, Program Abstract/
Program Narrative; Standard Form 424, Application for Federal 
Assistance; Standard Form 424A, Budget Information--Non-Construction 
Programs; Standard Form 424B, Assurances--Non-Construction Programs; 
and Standard Form LLL, Disclosure of Lobbying Activities, all of which 
have been approved by OMB under the respective control numbers 4040-
0003, 4040-0004, 4040-0006, 4040-0007 and 0348-0046.
    Copies of all forms, regulations, and instructions referenced in 
this Notice may be obtained from NTIA. 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 collection of information is vital to NTIA to ensure compliance 
with the provisions of this Notice and to fulfill the requirements of 
the Recovery Act. In summary, the collection of broadband data, as 
required under the Technical Appendix, is necessary in order to 
implement this Program.
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall any person be subject to a penalty for failure 
to comply with a collection of information subject to the Paperwork 
Reduction Act unless that collection displays a currently valid OMB 
Control Number.
    1. General Recovery Act and BDIA Reporting Requirements
    (a) OMB Reporting Requirements Implementing the Recovery Act. Any 
grant awarded under this Notice shall be subject to the applicable 
regulations and statutes regarding reporting on Recovery Act funds. For 
specific Recovery Act requirements, see 2 CFR part 176.\34\
---------------------------------------------------------------------------

    \34\ See also OMB Memorandum M-09-21, Implementing Guidance for 
the Reports on Use of Funds Pursuant to the American Recovery and 
Reinvestment Act of 2009, June 22, 2009 (OMB Implementing Guidance). 
For additional Recovery Act Implementation Guidance applicable to 
recipients, see OMB Implementing Guidance at 6-7.
---------------------------------------------------------------------------

    (b) Accounting. 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 NTIA or any 
Federal Web site established for Recovery Act reporting purposes. 
Moreover, recipients of funds under this Notice must also comply with 
the accounting requirements as established or referred to in this 
Notice.
    (c) Required Data Elements. The awardee and each contractor engaged 
by the awardee must submit the following information to NTIA:
    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 (a) the name 
of the project or activity; (b) a description of the project or 
activity; (c) an evaluation of the completion status of the project or 
activity; (d) an estimate of the number of jobs created and the number 
of jobs retained by the project or activity; 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. 
102-282), allowing aggregate reporting on awards below $25,000 or to 
individuals.\35\
---------------------------------------------------------------------------

    \35\ Recovery Act Sec.  1512(c), 123 Stat. at 287.
---------------------------------------------------------------------------

    2. Reporting Deadlines. Recovery Act reports are due to NTIA ten 
(10) calendar days after the quarter in which the award was issued ends 
and, unless otherwise noted, each quarter thereafter until a final 
report is made at the end of five (5) years. The final report should 
summarize the awardee's quarterly filings and state whether the project 
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 or 
loan award, NTIA may suspend further payments until the awardee 
complies with the reporting requirements. Additional information 
regarding reporting requirements will also be specified at the time the 
award is issued.
    3. State Broadband Data Program Reporting Requirements. All 
awardees under this Program will provide quarterly reports on:
    (a) Achievement of project goals, objectives, and milestones (e.g., 
collection of a ``substantially complete data set''; completion of data 
review or quality control process) as set forth by the applicant in 
their application timeline:
    i. Expenditure of grant funds and how much of the award remains;
    ii. Amount of non-Federal cash or in-kind investment that is being 
added to complete the project; and
    iii. Whether the awardee is on schedule to provide broadband-
related data in accordance with the mapping project timeline.
    Upon completion of its State-level broadband map, each awardee will 
provide NTIA with a hypertext link to such map for display on a Web 
page on the Department of Commerce Web site.
    Q. Payment of Federal Funds: NTIA will not make any payment under 
an award until the grantee has returned the signed CD-450 accepting the 
award and unless and until the recipient complies with all relevant 
requirements.
    R. Executive Order 12372 (Intergovernmental Review): Applications 
under this Program are not subject to Executive Order (EO) 12372, 
``Intergovernmental Review of Federal Programs.''
    S. Executive Order 12866: This notice has been determined to be 
Economically Significant under Executive Order 12866. The Secretary of 
Commerce was authorized by the Recovery Act to fund the BDIA and 
implement the State Broadband Data Program. This Program will make 
approximately $240 million in funds available for eligible entities to 
develop and implement statewide initiatives to identify and track the 
availability and adoption of broadband services within each State. This 
is a one-time grant program in which funds will be awarded no later 
than September 30, 2010.
    T. Executive Order 13132 (Federalism): It has been determined that 
this Notice does not contain policies with Federalism implications as 
that term is defined in E.O. 13132.
    U. Recovery Act: Additional information about the Recovery Act is 
available at http://www.Recovery.gov.


[[Page 32557]]


    Authority:  Title II, Division A of the American Recovery and 
Reinvestment Act of 2009, Public Law 111-5, 123 Stat. 115 (Feb. 17, 
2009); Broadband Data Improvement Act, Title I of Public Law 110-
385, 122 Stat. 4096 (Oct. 10, 2008).

    Dated: July 2, 2009.
Lawrence E. Strickling,
Assistant Secretary for Communications and Information.

Appendix A: Technical Appendix

    Awardees shall provide the following information to NTIA in the 
format specified via ftp to sftp.ntia.doc.gov or CD/DVD to Edward 
``Smitty'' Smith, Program Director, State Broadband Data Program, 
National Telecommunications and Information Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue, NW., Room 4898, 
Washington, DC 20230 no later than February 1, 2010. All data should be 
accurate as of June 30, 2009, unless otherwise indicated. Questions 
about the data content or formats should be addressed to Your Name at 
<a href="/cdn-cgi/l/email-protection#8eecfce1efeaecefe0eae3effefee7e0e9cee0fae7efa0eae1eda0e9e1f8"><span class="__cf_email__" data-cfemail="4426362b252026252a20292534342d2a23042a302d256a202b276a232b32">[email protected]</span></a>.

1. Broadband Service Availability in Provider's Service Area

(a) Availability by Service Address-Service Associated With Specific 
Addresses
    For each facilities-based provider of broadband service to 
specified end-user locations in their State, awardees shall provide 
NTIA with a list of all addresses at which broadband service is 
available to end users in the provider's service area, along with the 
associated service characteristics identified below.
    For this purpose, ``broadband service'' is the provision, on either 
a commercial or non-commercial basis, of data transmission technology 
that provides two-way data transmission to and from the Internet with 
advertised speeds of at least 768 kilobits per second (kbps) downstream 
and greater than 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 within the project area.
    For this purpose, an ``end user'' of broadband service is a 
residential or business party, institution or State or local government 
entity that may use broadband service for its own purposes and that 
does not resell such service to other entities or incorporate such 
service into retail Internet-access services. Internet Service 
Providers (ISPs) are not ``end users'' for this purpose. An entity is a 
``facilities-based'' provider of broadband service connections to end 
user locations if any of the following conditions are met: (1) It owns 
the portion of the physical facility that terminates at the end user 
location; (2) it obtains unbundled network elements (UNEs), special 
access lines, or other leased facilities that terminate at the end user 
location and provisions/equips them as broadband; or (3) it provisions/
equips a broadband wireless channel to the end user location over 
licensed or unlicensed spectrum.
    For this purpose, ``broadband service'' is ``available'' at an 
address if the provider does, or could, within a typical service 
interval (7 to 10 business days) without an extraordinary commitment of 
resources, provision two-way data transmission to and from the Internet 
with advertised speeds of at least 768 kilobits per second (kbps) 
downstream and greater than 200 kbps upstream to end-users at that 
address. The list of addresses shall be submitted to NTIA as a tab-
delimited text file in which each record has the following format:

                                Record Format for Address Data for Each Provider
----------------------------------------------------------------------------------------------------------------
               Field                         Description                    Type                  Example
----------------------------------------------------------------------------------------------------------------
Provider Identification Data:                                                              .....................
    Provider Name..................  Provider Name..............  Text...................  ABC Co.
    DBA Name.......................  ``Doing-business-as'' name.  Text...................  Superfone, Inc.
    FRN............................  Provider FCC Registration    Integer................  8402202.
                                      Number.
    ID.............................  Sequential record number...  Integer................  1.
End User location/Service Data:                                                            .....................
    End-User Address...............  Complete address...........  Text...................  1401 Constitution
                                                                                            Ave., NW.,
                                                                                            Washington, DC
                                                                                            20230.
    End-User Building Number.......  Building number............  Text...................  1401.
    End-User Prefix Direction......  Prefix direction...........  Text.                    .....................
    End-User Street................  Street name................  Text...................  Constitution.
    End-User Street Type...........  Street type................  Text...................  Ave.
    End-User Suffix Direction......  Suffix direction...........  Text...................  NW.
    End-User City..................  City.......................  Text...................  Washington.
    End-User State Abbreviation....  Two-letter State postal      Text...................  DC.
                                      abbreviation.
    End-User ZIP Code..............  5-digit ZIP code (with       Text...................  20230.
                                      leading zeros).
    End-User ZIP Plus 4............  4-digit add-on code (with    Text...................  0005.
                                      leading zeros).
    Category of End User...........  Category of End User Served  Integer................  3.
                                      at Address (see details
                                      below for codes).
    Technology of Transmission.....  Category of technology       Integer................  50.
                                      available for the
                                      provision of service at
                                      the address (see details
                                      below for codes).
    Maximum Advertised Downstream    Speed tier code for the      Integer................  8.
     Speed.                           maximum advertised
                                      downstream speed available
                                      at the address (see
                                      details below for codes).
    Maximum Advertised Upstream      Speed tier code for the      Integer................  8.
     Speed.                           maximum advertised
                                      upstream speed that is
                                      offered with the above
                                      maximum advertised
                                      downstream speed available
                                      at the address (see
                                      details below for codes).

[[Page 32558]]

 
    Typical Downstream Speed.......  Speed tier code for the      Integer................  8
                                      downstream data transfer
                                      throughput rate that most
                                      subscribers to service at
                                      the maximum advertised
                                      downstream speed (above)
                                      can achieve consistently
                                      during expected periods of
                                      heavy network usage (see
                                      details below for codes).
    Typical Upstream Speed.........  Speed tier code for the      Integer................  8.
                                      upstream data transfer
                                      throughput rate that most
                                      subscribers to service at
                                      the maximum advertised
                                      upstream speed (above) can
                                      achieve consistently
                                      during expected periods of
                                      heavy network usage (see
                                      details below for codes).
----------------------------------------------------------------------------------------------------------------

    Address Record Format Details:
    1. All fields are required.
    2. Instructions for providers needing to obtain a FRN can be 
accessed at https://fjallfoss.fcc.gov/coresWeb/publicHome.do.
    3. The ID field is a sequential integer ranging from 1 to the total 
number of addresses.
    4. Address data fields should be space-delimited in standardized 
Postal Service form. See http://pe.usps.gov/cpim/ftp/pubs/Pub28/pub28.pdf.
    5. Categories of end users should be entered as integers based on 
the following reference:

                             End User Codes
------------------------------------------------------------------------
  End user category
        code             End user category            Description
------------------------------------------------------------------------
1...................  Residential...........  Address denotes a
                                               residential living unit,
                                               individual living unit in
                                               institutional settings
                                               such as college
                                               dormitories and nursing
                                               homes and other locations
                                               designed primarily for
                                               residential use at which
                                               broadband service is
                                               available.
2...................  Governmental..........  Address denotes a State or
                                               local government location
                                               at which broadband
                                               service is available.
3...................  Small Business........  Address denotes the
                                               location of a small
                                               business.
4...................  Medium or Large         Address denotes the
                       Enterprise.             location of a medium or
                                               large enterprise.
5...................  Other.................  Address denotes a location
                                               not meeting any of the
                                               above descriptions.
------------------------------------------------------------------------

    6. For reporting the technology of transmission, report the 
technology used by the portion of the connection that terminates at the 
end-user location. If different technologies are used in the two 
directions of information transfer (``downstream'' and ``upstream''), 
report the connection in the technology category for the downstream 
direction. The technology of transmission should be entered as an 
integer based on the following reference:

                    Technology of Transmission Codes
------------------------------------------------------------------------
  Technology code          Description                  Details
------------------------------------------------------------------------
10................  Asymmetric xDSL.           .........................
20................  Symmetric xDSL.            .........................
30................  Other Copper Wireline....  All copper-wire based
                                                technologies other than
                                                xDSL (Ethernet over
                                                copper and T-1 are
                                                examples).
40................  Cable Modem--DOCSIS 3.0.   .........................
41................  Cable Modem--Other.        .........................
50................  Optical Carrier/Fiber to   Fiber to the home or
                     the End User.              business end user (does
                                                not include ``fiber to
                                                the curb'').
60................  Satellite.                 .........................
70................  Terrestrial Fixed          .........................
                     Wireless--Unlicensed.
71................  Terrestrial Fixed          .........................
                     Wireless--Licensed.
80................  Terrestrial Mobile         .........................
                     Wireless.
90................  Electric Power Line.       .........................
0.................  All Other................  Any specific technology
                                                not listed above.
------------------------------------------------------------------------

    7. Speed tiers should be entered as integers based on the following 
reference:

[[Page 32559]]



                            Speed Tier Codes
------------------------------------------------------------------------
  Upload speed     Download
      tier        speed tier                  Description
------------------------------------------------------------------------
1..............  ...........  Less than or equal to 200 kbps.
2..............  ...........  Greater than 200 kbps and less than 768
                               kbps.
3..............            3  Greater than or equal to 768 kbps and less
                               than 1.5 mbps.
4..............            4  Greater than or equal to 1.5 mbps and less
                               than 3 mbps.
5..............            5  Greater than or equal to 3 mbps and less
                               than 6 mbps.
6..............            6  Greater than or equal to 6 mbps and less
                               than 10 mbps.
7..............            7  Greater than or equal to 10 mbps and less
                               than 25 mbps.
8..............            8  Greater than or equal to 25 mbps and less
                               than 50 mbps.
9..............            9  Greater than or equal to 50 mbps and less
                               than 100 mbps.
10.............           10  Greater than or equal to 100 mbps and less
                               than 1 gbps.
11.............           11  Greater than or equal to 1 gbps.
------------------------------------------------------------------------

    8. Data for the entire State or territory should be submitted as a 
single, tab-delimited plain text file named ``address--availability--
XX.txt'' where XX is the two-letter postal abbreviation for the State 
or territory.
(b) Availability by Shapefile--Wireless Services not Provided to a 
Specific Address
    For those facilities-based providers of wireless broadband service 
that is not address specific (e.g., nomadic, terrestrial mobile 
wireless, or satellite), awardees may alternatively provide NTIA with 
GIS-compatible map layers depicting areas in which broadband service is 
available to end users.
    For this purpose, an ``end user'' of broadband service is a 
residential or business party, institution, or State or local 
government entity that may use broadband service for its own purposes 
and that does not resell such service to other entities or incorporate 
such service into retail Internet-access service. Internet Service 
Providers (ISPs) are not ``end users'' for this purpose. An entity is a 
``facilities-based'' provider of broadband service connections to end 
user locations if any of the following conditions are met: (1) It owns 
the portion of the physical facility that terminates at the end user 
location; (2) it obtains unbundled network elements (UNEs), special 
access lines, or other leased facilities that terminate at the end user 
location and provisions/equips them as broadband; or (3) it provisions/
equips a broadband wireless channel to the end user location over 
licensed or unlicensed spectrum.
    For this purpose, ``broadband service'' is ``available'' at a 
location if the provider does, or could, within a typical service 
interval (7 to 10 business days) without an extraordinary commitment of 
resources, provision two-way data transmission with advertised speeds 
of at least 768 kilobits per second (kbps) downstream and greater than 
200 kbps upstream to end-users at that location. The data shall be 
submitted to NTIA as an ESRI Shapefile such that the associated data 
contains the following fields:

  Record Format for Availability Area Data for Each Provider--Use Only in Connection With Wireless Services Not
                                         Provided to a Specific Address
----------------------------------------------------------------------------------------------------------------
               Field                       Description                Type                     Example
----------------------------------------------------------------------------------------------------------------
Provider Name......................  Provider Name.........  Text..................  ABC Co.
DBA Name...........................  ``Doing-business-as''   Text..................  Superfone, Inc.
                                      name.
FRN................................  Provider FCC            Integer...............  8402202.
                                      Registration Number.
Technology of Transmission.........  Category of technology  Integer...............  41.
                                      for the provision of
                                      service (see details
                                      following Part 1(a)
                                      for codes).
Spectrum Used......................  If technology of        Text..................  Y.
                                      transmission is
                                      wireless, is Cellular
                                      spectrum (824-849
                                      MHz; 862-869) used to
                                      provide service (Y/
                                      N)?
Spectrum Used......................  If technology of        Text..................  Y.
                                      transmission is
                                      wireless, is 700 MHz
                                      spectrum (698-758
                                      MHz; 775-788 MHz; 805-
                                      806 MHz) used to
                                      provide service (Y/
                                      N)?
Spectrum Used......................  If technology of        Text..................  Y.
                                      transmission is
                                      wireless, is
                                      Broadband Personal
                                      Communications
                                      Services spectrum
                                      (1850-1915 MHz; 1930-
                                      1995) used to provide
                                      service (Y/N)?
Spectrum Used......................  If technology of        Text..................  N.
                                      transmission is
                                      wireless, is Advanced
                                      Wireless Services
                                      spectrum (1710-1755
                                      MHz; 2100-2155) used
                                      to provide service (Y/
                                      N)?
Spectrum Used......................  If technology of        Text..................  N.
                                      transmission is
                                      wireless, is
                                      Broadband Radio
                                      Service/Educational
                                      Broadband Service
                                      spectrum (2496-2690
                                      MHz) used to provide
                                      service (Y/N)?
Spectrum Used......................  If technology of        Text..................  N.
                                      transmission is
                                      wireless, is
                                      Unlicensed (including
                                      broadcast television
                                      ``white spaces'')
                                      spectrum used to
                                      provide service (Y/
                                      N)?

[[Page 32560]]

 
Spectrum Used......................  If technology of        Text..................  SMR.
                                      transmission is
                                      wireless, but the
                                      spectrum used to
                                      provide service is
                                      not listed above,
                                      please identify as
                                      one of the following:
                                      Specialized Mobile
                                      Radio Service (SMR)
                                      (817-824 MHz; 862-869
                                      MHz; 896-901 MHz; 935-
                                      940 MHz), Wireless
                                      Communications
                                      Service (WCS)
                                      spectrum (2305-2320
                                      MHz; 2345-2360 MHz),
                                      3650-3700 MHz,
                                      Satellite (L-band,
                                      Big LEO, Little LEO,
                                      2 GHz).
Maximum Advertised Downstream Speed  Speed tier code for     Integer...............  8.
                                      the maximum
                                      advertised downstream
                                      speed available (see
                                      details following
                                      Part 1(a) for codes).
Maximum Advertised Upstream Speed..  Speed tier code for     Integer...............  8.
                                      the maximum
                                      advertised upstream
                                      speed that is offered
                                      with the above
                                      maximum advertised
                                      downstream speed
                                      available (see
                                      details following
                                      Part 1(a) for codes).
Typical Downstream Speed...........  Speed tier code for     Integer...............  8.
                                      the downstream data
                                      transfer throughput
                                      rate that most
                                      subscribers to
                                      service at the
                                      maximum advertised
                                      downstream speed
                                      (above) can achieve
                                      consistently during
                                      expected periods of
                                      heavy network usage
                                      (see details
                                      following Part 1(a)
                                      for codes).
Typical Upstream Speed.............  Speed tier code for     Integer...............  8.
                                      the upstream data
                                      transfer throughput
                                      rate that most
                                      subscribers to
                                      service at the
                                      maximum advertised
                                      upstream speed
                                      (above) can achieve
                                      consistently during
                                      expected periods of
                                      heavy network usage
                                      (see details
                                      following Part 1(a)
                                      for codes).
----------------------------------------------------------------------------------------------------------------

    Availability Area Shapefile Details:
    1. Instructions for providers needing to obtain a FRN can be 
accessed at https://fjallfoss.fcc.gov/coresWeb/publicHome.do.
    2. All map areas must be closed, non-overlapping polygons with a 
single, unique identifier.
    3. Any variation in any of the required fields necessitates the 
creation of a separate closed, non-overlapping polygon.
    4. In the area covered by each polygon, subscribers must have 
broadband service with the speed characteristics shown in the data 
record 95% of the time to within 50 feet of the polygon's boundary.
    5. The technology of transmission should be entered as an integer 
based on the coding scheme shown in Part 1(a) above.
    6. The speed tiers should be entered as integers according to the 
reference in Part 1(a) above.
    7. The data must be expressed using the WGS 1984 geographic 
coordinate system.
    8. Maps must be accompanied by metadata or a plain text ``readme'' 
file that contains a comprehensive explanation of the methodology 
employed to generate the map layer including any necessary assumptions 
and an assessment of the accuracy of the finished product.
    9. Since ESRI Shapefiles typically consist of 5 to 7 individual 
files including the associated metadata and geodatabase, data for the 
entire State or territory should be submitted as a single, zipped file 
containing all the component files. The file should be named ``area--
availability--XX.zip'' where XX is the two-letter postal abbreviation 
for the State or territory.

2. Residential Broadband Service Pricing in Provider's Service Area

(a) Average Revenue per End User and Weighted Average Speed
    For each broadband service provider in the State, awardees shall 
provide NTIA with (1) average revenue per end user (ARPU) associated 
with residential subscribers in the month for which other data is 
reported (i.e., June or December, as applicable) by county, and (2) 
subscriber-weighted nominal speed (blended average rate).
    For this purpose, a ``residential subscriber'' of broadband service 
is any end user assigned to Category 1, in Part 1.(a), above.
    For this purpose, ``broadband service'' is the provision to end 
users of two-way data transmission to and from the Internet with 
advertised speeds of at least 768 kilobits per second (kbps) downstream 
and greater than 200 kbps upstream.
    These data shall be submitted to NTIA as a tab-delimited text file 
in which each record has the following format:

  Record Format for Residential Broadband Service Pricing and Speed Characteristics by County for Each Provider
----------------------------------------------------------------------------------------------------------------
               Field                       Description                Type                     Example
----------------------------------------------------------------------------------------------------------------
Record Identifiers:
    Provider Name..................  Provider Name.........  Text..................  ABC Co.
    DBA Name.......................  ``Doing-business-as''   Text..................  Superfone, Inc.
                                      name.
    FRN............................  Provider FCC            Integer...............  8402202.
                                      Registration Number.

[[Page 32561]]

 
    County.........................  3-digit County ANSI     Integer...............  560.
                                      (FIPS) Code.
    State..........................  2-digit State ANSI      Integer...............  51.
                                      (FIPS) Code.
    Technology of Transmission.....  Category of technology  Integer...............  2.
                                      used in the provision
                                      of service (see
                                      details following
                                      Part 1(a) for codes).
    ARPU, All Advertised Speed       Average monthly         Float.................  34.45.
     Offerings.                       revenue per
                                      residential user for
                                      the county (see
                                      details below for
                                      methodology).
    Subscriber-Weighted Nominal      Subscriber-weighted     Float.................  2753.3.
     Speed.                           nominal speed
                                      (blended average rate
                                      in kbps) (see details
                                      below for
                                      methodology).
----------------------------------------------------------------------------------------------------------------

    Service Plan Record Detail:
    1. Instructions for providers needing to obtain a FRN can be 
accessed at https://fjallfoss.fcc.gov/coresWeb/publicHome.do.
    2. Use the set of counties that best approximate each market area 
of the provider. County ANSI (formerly FIPS) codes may be accessed at 
http://www.census.gov/geo/www/ansi/ansi.html.
    3. For each county in the provider's broadband Internet service 
area, all applicable fields must be populated.
    4. For reporting the technology of transmission, report the 
technology used by the portion of the connection that terminates at the 
end-user location. If different technologies are used in the two 
directions of information transfer (``downstream'' and ``upstream''), 
report the connection in the technology category for the downstream 
direction. The technology of transmission should be entered as an 
integer based on the coding scheme shown in Part 1(a) above.
    5. The speed tiers should be entered as integers according to the 
reference in Part 1(a) above.
    6. As an example, for June 2009, a provider's ARPU should be 
calculated by dividing the provider's total monthly residential 
broadband service revenue for the county by its average monthly 
residential broadband subscribers.
    (a). The ARPU entered in the record format above must be the 
monthly ARPU for June 2009 calculated by dividing (i) total monthly 
residential broadband service revenue by (ii) average monthly 
residential broadband subscribers.
    i. Numerator: Total monthly residential broadband service revenue 
must be calculated as total revenue for the month (monthly data access 
fees including discounts, overage charges and service or connection 
fees, but excluding all taxes, fees and surcharges paid to government 
programs, e.g., E911) attributable to the provision of broadband 
service to billed residential subscribers in the county for June 2009.
    ii. Denominator: Average monthly residential broadband subscribers 
must be calculated as the simple average of beginning-of-month and end-
of-month counts of billed residential subscribers to broadband service 
in the county for June 2009.
    7. A provider's subscriber-weighted nominal speed (in kbps) should 
be calculated as the sum of the products of the provider's advertised 
maximum download data transmission rate (in kbps) for each residential 
rate tier advertised by the provider in the county, times the average 
monthly number of residential subscribers receiving the advertised 
download transmission rate tier for the relevant reporting month (i.e., 
June or December, as applicable), divided by the average total number 
of residential subscribers for all the included data transmission rate 
tiers in the county for that month. This is expressed in the following 
formula:
[GRAPHIC] [TIFF OMITTED] TN08JY09.001

    For example, if the service provider offers two tiers of service 
with advertised maximum download speeds of 1500 kbps and 6000 kbps, 
calculate the product of 1500 kbps times the average monthly number of 
residential subscribers to the 1500 kbps speed tier plus the product of 
6000 kbps times the average monthly number of residential subscribers 
to the 6000 kbps speed tier and divide the sum by the sum (or total) of 
the average monthly number of residential subscribers in both tiers.
    8. Data for the entire State or territory should be submitted as a 
single, tab-delimited plain text file named ``pricing--XX.txt'' where 
XX is the two-letter postal abbreviation for the State or territory.

3. Broadband Service Infrastructure in Provider's Service Area

(a) Last-Mile Connection Points
    Awardees shall provide NTIA with a list of the locations of the 
first points of aggregation in the networks (serving facilities) used 
by facilities-based providers to provide broadband service to end 
users.
    For this purpose, an ``end user'' of broadband service is a 
residential or business party, institution, or State or local 
government entity that may use broadband service for its own purposes 
and that does not resell such service to other entities or incorporate 
such service into retail Internet-access service. Internet Service 
Providers (ISPs) are not ``end users'' for this purpose. An entity is a 
``facilities-based'' provider of broadband service connections to end 
user locations if any of the following conditions are met: (1) It owns 
the portion of the physical facility that terminates at the end user 
location; (2) it obtains unbundled network elements (UNEs), special 
access lines, or other leased facilities that terminate at the end user 
location and provisions/equips them as broadband; or (3) it provisions/
equips a broadband wireless channel to the end user location over 
licensed or unlicensed spectrum.
    ``Last-mile'' infrastructure consists of facilities used to provide 
broadband service between end-user (including residences, businesses, 
community anchor institutions, etc.) equipment and the appropriate 
access point, router or

[[Page 32562]]

first significant aggregation point in the broadband network. Examples 
of such facilities include, among other things: For broadband service 
provided by incumbent local exchange carriers, connections between end 
users and the central office or remote terminal; for cable modem 
service, connections between end users and the cable headend or fiber 
node; for wireless broadband service, connections between the wireless 
end-user device or customer premises equipment and the wireless tower 
or base station; for WiFi broadband service, connections between end 
users and the WiFi access point; or the analogous portion of the 
facilities of other providers of broadband services. The first points 
of aggregation in this context are therefore the central office, remote 
terminal, cable headend, wireless tower or base station, or the like.
    For this purpose, ``broadband service'' is the provision of two-way 
data transmission with advertised speeds of at least 768 kilobits per 
second (kbps) downstream and greater than 200 kbps upstream to end 
users. These data shall be submitted to NTIA as a tab-delimited text 
file in which each record has the following format:

                      Record Format for Last-Mile Connection Points Data for Each Provider
----------------------------------------------------------------------------------------------------------------
               Field                       Description                Type                     Example
----------------------------------------------------------------------------------------------------------------
Provider Name......................  Provider Name.........  Text..................  ABC Co.
DBA Name...........................  ``Doing-business-as''   Text..................  Superfone, Inc.
                                      name.
FRN................................  FCC Registration        Integer...............  8402202.
                                      Number.
Technology of Transmission.........  Category of technology  Integer...............  10.
                                      for the provision of
                                      service (see details
                                      following Part 1(a)
                                      for codes).
Serving Facility Backhaul Capacity.  Upstream capacity of    Integer...............  1.
                                      the serving facility
                                      (see details below).
Serving Facility Backhaul Type.....  Type of upstream        Integer...............  1.
                                      transport facility
                                      (1=Fiber; 2=Copper;
                                      3=Hybrid Fiber Coax
                                      (HFC); 4=Wireless).
End-users served...................  Count of end users      Integer...............  24.
                                      served from this
                                      point of aggregation.
Latitude...........................  Latitude in decimal     Float.................  38.884560.
                                      degrees of facility.
Longitude..........................  Longitude in decimal    Float.................  -77.028123.
                                      degrees of facility.
Elevation..........................  Elevation relative to   Integer...............  2.
                                      grade to the nearest
                                      foot (positive
                                      integers indicate
                                      above grade, negative
                                      below grade).
----------------------------------------------------------------------------------------------------------------

    Connections to Last-Mile Infrastructure Record Detail:
    1. Instructions for providers needing to obtain a FRN can be 
accessed at https://fjallfoss.fcc.gov/coresWeb/publicHome.do.
    2. The technology of transmission should be entered as an integer 
based on the coding scheme shown in Part 1(a) above.
    3. The capacity of the serving facility should represent the 
capacity as currently configured and be expressed according to the 
following reference:

                         Serving Facility Codes
------------------------------------------------------------------------
          Data rate code                          Data rate
------------------------------------------------------------------------
1.................................  Less than 1.5 mbps.
2.................................  Greater than or equal to 1.5 mbps
                                     and less than 3 mbps.
3.................................  Greater than or equal to 3 mbps and
                                     less than 6 mbps.
4.................................  Greater than or equal to 6 mbps and
                                     less than 10 mbps.
5.................................  Greater than or equal to 10 mbps and
                                     less than 25 mbps.
6.................................  Greater than or equal to 25 mbps and
                                     less than 50 mbps.
7.................................  Greater than or equal to 50 mbps and
                                     less than 100 mbps.
8.................................  Greater than or equal to 100 mbps
                                     and less than 1 gbps.
9.................................  Greater than or equal to 1 gbps.
------------------------------------------------------------------------

    4. Coordinates must be expressed using the WGS 1984 geographic 
coordinate system.
    5. Data for the entire State or territory should be submitted as a 
single, tab-delimited plain text file named ``lastmile--XX.txt'' where 
XX is the two-letter postal abbreviation for the State or territory.
(b) Middle-Mile and Backbone Interconnection Points
    In addition to the information shown in the tables above, awardees 
shall provide NTIA with a list of interconnection points of facilities 
in their State that provide connectivity between (a) a service 
provider's network elements (or segments) or (b) between a service 
provider's network and another provider's network, including the 
Internet backbone. (Collectively, (a) and (b) are ``middle-mile and 
backbone interconnection points'').
    Middle-mile and backbone interconnection points typically enable 
relatively fast data rates, are built to handle substantial capacities, 
and may be service-quality assured.
    Examples might include: points of interconnection enabling 
communications between an incumbent local exchange carrier central 
office and the Internet, between a cable aggregation point (headend) 
and the Internet, or between a wireless base station and the provider's 
core network elements that connect to other networks including the 
Internet.
    These data shall be submitted to NTIA as a tab-delimited text file 
in which each record has the following format:

          Record Format for Middle-Mile and Internet Backhaul Connection Points Data for Each Provider
----------------------------------------------------------------------------------------------------------------
                Field                          Description                  Type                  Example
----------------------------------------------------------------------------------------------------------------
Provider Name.......................  Provider Name...............  Text................  ABC Co.
DBA Name............................  Doing-business-as name......  Text................  Superfone, Inc.
FRN.................................  FCC Registration Number.....  Integer.............  8402202.
Ownership...........................  Is the facility owned (0) or  Integer.............  0.
                                       leased (1)?.

[[Page 32563]]

 
Serving Facility Capacity...........  Serving capacity of           Integer.............  1.
                                       transport facility (see
                                       details below).
Serving Facility Type...............  Type of transport facility    Integer.............  1.
                                       (1=Fiber; 2=Copper;
                                       3=Hybrid Fiber Coax (HFC);
                                       4=Wireless).
Latitude............................  Latitude in decimal degrees.  Float...............  38.884560.
Longitude...........................  Longitude in decimal degrees  Float...............  -77.028123.
Elevation...........................  Elevation relative to grade   Integer.............  -10.
                                       to the nearest foot
                                       (positive integers indicate
                                       above grade, negative below
                                       grade).
----------------------------------------------------------------------------------------------------------------

    Connections Record Detail:
    1. Instructions for providers needing to obtain a FRN can be 
accessed at https://fjallfoss.fcc.gov/coresWeb/publicHome.do.
    The capacity of the serving facility should represent the capacity 
as currently configured and be expressed according to the following 
reference:

                         Serving Facility Codes
------------------------------------------------------------------------
          Data rate code               Interconnection point data rate
------------------------------------------------------------------------
1.................................  Multiple T1s and less than 40 mbps.
2.................................  Greater than 40 mbps and less than
                                     150 mbps.
3.................................  Greater than 150 mbps and less than
                                     600 mbps.
4.................................  Greater than or equal to 600 mbps
                                     and less than 2.4 gbps.
5.................................  Greater than or equal to 2.4 gbps
                                     and less than 10 gbps.
6.................................  Greater than or equal to 10 gbps.
------------------------------------------------------------------------

    2. Coordinates must be expressed using the WGS 1984 geographic 
coordinate system.
    3. Data for the entire State or territory should be submitted as a 
single, tab-delimited plain text file named ``middlemile--XX.txt'' 
where XX is the two-letter postal abbreviation for the State or 
territory.

4. Community Anchor Institutions

    Awardees shall provide NTIA with a list of community anchor 
institutions in their State, along with the associated information 
described below.
    ``Community Anchor Institutions'' consist of schools, libraries, 
medical and healthcare providers, public safety entities, community 
colleges and other institutions of higher education, and other 
community support organizations and entities.
    The list shall be submitted to NTIA as a tab-delimited text file in 
which each record has the following format:

                                 Record Format for Community Anchor Institutions
----------------------------------------------------------------------------------------------------------------
                Field                          Description                  Type                  Example
----------------------------------------------------------------------------------------------------------------
Name................................  Institution Name............  Text................  John Smith Community
                                                                                           Center.
Address.............................  Complete address of           Text................  1401 Constitution
                                       institution.                                        Ave., NW., Washington
                                                                                           DC 20230
Latitude............................  Latitude in decimal degrees   Float...............  38.884560.
                                       of institution.
Longitude...........................  Longitude in decimal degrees  Float...............  -77.028123.
                                       of institution.
Category............................  Category of institution (see  Integer.............  2.
                                       details below for category
                                       codes).
Broadband Service?..................  Does institution subscribe    Text................  Y.
                                       to broadband service at
                                       location?
Technology of Transmission..........  Category of technology used   Integer.............  10.
                                       for the provision of
                                       broadband service to the
                                       institution (see details
                                       following Part 1(a) for
                                       codes).
Advertised Downstream Service Speed.  Speed tier code for the       Integer.............  8.
                                       downstream advertised data
                                       transfer throughput rate
                                       associated with the service
                                       that the institution
                                       receives (see details
                                       following Part 1(a) for
                                       codes).
Advertised Upstream Service Speed...  Speed tier code for the       Integer.............  8.
                                       upstream data transfer
                                       throughput rate associated
                                       with the service that the
                                       institution receives (see
                                       details following Part 1(a)
                                       for codes).
----------------------------------------------------------------------------------------------------------------

    The category of each Community Anchor Institution should be 
expressed according to the following reference:

               Community Anchor Institution Category Codes
------------------------------------------------------------------------
           Category code                          Category
------------------------------------------------------------------------
1.................................  School--K through 12.
2.................................  Library.
3.................................  Medical/healthcare.
4.................................  Public safety.
5.................................  University, college, other post-
                                     secondary.
6.................................  Other community support--government.
7.................................  Other community support--
                                     nongovernmental.
------------------------------------------------------------------------

Appendix B: Policy Justification

    As discussed in the Notice of Funds Availability (Notice) for the 
State Broadband Data Program, dated July 1, 2009, NTIA, the FCC, and 
the RUS cosponsored a series of public meetings and released a Request 
for Information (RFI) to initiate public outreach about the current 
availability of broadband service in the United States and ways in

[[Page 32564]]

which the availability of broadband service could be expanded.\36\
---------------------------------------------------------------------------

    \36\ See Notice: American Recovery and Reinvestment Act of 2009 
Broadband Initiatives, 74 FR 8914 (Feb. 27, 2009).
---------------------------------------------------------------------------

    The RFI requested the submission of information on a broad range of 
topics including topics related to broadband mapping, the American 
Recovery and Reinvestment Act (Recovery Act) and the Broadband Data 
Improvement Act (BDIA). In response to the RFI and the public meetings, 
NTIA received over 1,000 comments from institutions and individuals on 
the broadband initiatives funded by the Recovery Act and over 200 
comments relating to broadband mapping.\37\
---------------------------------------------------------------------------

    \37\ Agendas, transcripts, and presentations from each meeting 
are available on NTIA's Web site at http://www.ntia.doc.gov/broadbandgrants/meetings.html. All public comments in Docket No. 
090309298-9299-01 are on file with NTIA and may be viewed on NTIA's 
Web site at http://www.ntia.doc.gov/broadbandgrants/comments.
---------------------------------------------------------------------------

    The comments relating to broadband mapping included comments 
regarding: (1) The information that should be included on the national 
broadband map; (2) the level of geographic or other granularity the 
national broadband map should provide; (3) whether there are State or 
other mapping programs that provide models for the statewide inventory 
grants; (4) the information States should collect as conditions of 
receiving statewide inventory grants; and (5) the technical 
specifications that should be required of grantees to ensure that 
statewide inventory maps can be efficiently included in a national 
broadband map.
    Map Information. In the RFI, NTIA requested additional information 
regarding the elements that the national broadband map should 
include.\38\ NTIA also examined mapping methodologies employed at the 
State level and consulted with the Federal Communications Commission 
(FCC) to determine what data elements should be included in a national 
standard that would be applied to the collection of broadband mapping 
related data by awardees under this Program so as to better ensure 
comprehensiveness, cohesiveness and uniformity in the national 
broadband map.\39\
---------------------------------------------------------------------------

    \38\ 74 FR at 10718.
    \39\ Commenters offered a range of comments about what data the 
map should include: State of North Dakota at 9 (Apr. 14, 2009) 
(types of technology used by providers); National Association of 
Telecommunications Officers and Advisors (NATOA) at 24 (Apr. 13, 
2009) (actual and offered speeds and prices for a particular area); 
Joint Comments of Massachusetts Broadband Institute, Massachusetts 
Department of Telecommunications and Cable, and Vermont Department 
of Public Service (Joint Comments) at 7 (Apr. 14, 2009) (current 
availability of service, adoption rates, and service provider 
identity); The Telecommunications Industry Association (TIA) at 19 
(Apr. 10, 2009) (location of infrastructure points); Pennsylvania 
Governor's Office of Administration (Apr. 13, 2009) (location of 
water and cell towers); Big Think Strategies at 9 (Apr. 13, 2009) 
(location of ``meet-me-backbone-points''); University of Nebraska at 
4 (Apr. 13, 2009) (both dark and lit fiber); FiberTower Corporation 
at 13 (Apr. 13, 2009) (locations of broadband enabled buildings); 
County Office of Economic Development, Garrett County, MD at 13 
(trunking locations/nodes); Wireless Internet Service Providers 
Associations (WISPA) at 13 (Apr. 13, 2009) (point-of-presence 
locations); Public Interest Spectrum Coalition at 10 (Apr. 13, 2009) 
(spectrum frequency/signal strength by time of year/day); ZeroDivide 
at 13 (Apr. 13, 2009) (adoption rates in new broadband deployment 
areas); RF Check, Inc. at 1 (GPS mapping); City of Boston at 9 (Apr. 
13, 2009) (data transfer rates); Association of Public Safety 
Communications Officials (APCO) at 13 (Apr. 13, 2009) (network 
interoperability); FiberTower Corporation at 4-6 (Apr. 14, 2009) 
(bandwidth availability for backhaul); CostQuest/LinkAmerica 
Alliance at 10 (RF propagation and antennae direction); FiberTower 
Corporation at 10 (middle and last mile bandwidth capacity); 
CostQuest/LinkAmerica Alliance at 12 (topography features and 
location of facilities); Rural Internet and Broadband Policy Group 
at 9, 10 (traffic network architecture); CostQuest/LinkAmerica 
Alliance at 10 (social demographic data); National Organization of 
Black County Officials (NCBM et al.) at 3 (Apr. 14, 2009) (race); 
NCBM et al. at 3 (gender, income, age, education, and difference in 
language(s)); Rural and Tribal Systems Development (RTSD) at 17 
(Apr. 14, 2009) (political subdivisions); NCBM et al. at 3 
(employment status); Space Data at 6 (economically disadvantaged 
areas); FirstMile.US at 14 (Apr. 10, 2009) (physical and financial 
accessibility); CostQuest/LinkAmerica Alliance at 10 (location of 
public technology access and learning centers (schools); Level 3 
Communications at 15 (Apr. 13, 2009) (population trends); The People 
of the State of California and Governor Arnold Schwarzenegger at 42, 
46, 48 (Apr. 13, 2009) (subscriber data); CostQuest/LinkAmerica 
Alliance at 10 (customer class); National Emergency Number 
Association (NENA) at 16-18 (Apr. 13, 2009) (public safety broadband 
availability); Intrado Inc. and Intrado Communications Inc. 
(Intrado) at 10 (Apr. 10, 2009) (PSAP locations); Apex CoVantage at 
4 (road segments); Joint Comments at 7 (Apr. 14, 2009) (broadband 
availability type); CostQuest/LinkAmerica Alliance at 10 (locations 
of public libraries); Pennsylvania Governor's Office of 
Administration at 6, 7 (broadband stimulus fund projects); State of 
Iowa at 7 (Apr. 13, 2009) (rights-of-way); National Association of 
County and City Health Officials (NACCHO) at 3 (Apr. 13, 2009) 
(health care facilities); Rural Internet and Broadband Policy Group 
at 4 (Apr. 13, 2009) (voice and data connectivity rates in tribal 
areas); Broadpoint Inc. at 3 (Apr. 13, 2009) (offshore economic and 
business hubs); Stratsoft LLC at 1 (Mar. 23, 2009) (frequency of 
electrical outages, electrical currents for radios, and usage data).
---------------------------------------------------------------------------

    NTIA finds that the data elements contained in the Technical 
Appendix attached to the Notice must be collected by each awardee under 
this Program and that such data must be provided to NTIA pursuant to 
the terms of the Notice. To the greatest extent possible, at every 
address, the type and speed of broadband service will be provided. For 
providers of wireless broadband service, the spectrum used for the 
provision of service will be provided. If the applicable broadband 
service provider so chooses, the provider's identity will also be 
available, otherwise the map will simply display that an anonymous 
provider utilizing a particular type of technology is providing service 
to a location. Furthermore, to the extent possible, the service areas 
of individual providers will be aggregated with other providers of the 
same technology type. NTIA has made this determination based on its 
review of the comments, an examination of mapping methodologies 
employed at the State level, and consultation with the FCC.
    Though collected under this Program, data concerning the Average 
Revenue Per User (ARPU) and data regarding the type, technical 
specification, or location of infrastructure owned, leased, or used by 
a broadband service provider will not be displayed on the public 
national broadband map.\40\ The above paragraphs notwithstanding, if 
provider consent is granted, NTIA may display the above provider-
specific information on the national broadband map.
---------------------------------------------------------------------------

    \40\ However, NTIA is considering methods for displaying some 
pricing data that will be collected through other avenues.
---------------------------------------------------------------------------

    In addition to the above broadband-related information, the 
national broadband map may display a wide range of additional, 
economic, and demographic data derived from other sources. Such data, 
however, are not the subject of the Notice.
    State broadband maps developed pursuant to awards under this 
Program should display, at a minimum, technology type and speed, 
subject to the restrictions contained herein, including those within 
the section entitled ``Confidential Information'' of the Notice. 
Nothing in the Notice, however, is intended to otherwise limit the data 
elements that States may include in their State broadband maps or the 
format that they use to display such data elements, and States are 
encouraged to adapt their maps to fit their individual State needs.\41\
---------------------------------------------------------------------------

    \41\ The fact that some data elements have not been included in 
the technical requirements for the national broadband map, or not 
made publicly available, does not indicate that those elements may 
not be useful for individual State purposes.
---------------------------------------------------------------------------

    Level of Granularity. NTIA's RFI included a question regarding the 
level of geographic or other granularity at which the national 
broadband map should display information on broadband service.\42\ 
Commenters presented a range of suggestions for the appropriate level 
of granularity.\43\
---------------------------------------------------------------------------

    \42\ 74 FR at 10718.
    \43\ The majority of commenters supported street address level 
granularity. See, e.g., Vermont Center for Geographical Information 
(VCGI) at 2 (Mar. 24, 2009). There was also support for data 
collection at lower levels of granularity. See, e.g., City of 
Beverly Hills at 3 (Apr. 10, 2009) (census block); Lehigh Valley 
Cooperative Telephone Association at 6 (Apr. 13, 2009) (census tract 
level per FCC form 477 data collection); Traverse Technologies, Inc. 
at 2 (Mar. 25, 2009) (providers' customer service areas).

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[[Page 32565]]

    Based on its review of the comments, examination of mapping 
methodologies currently employed at the State level, and consultation 
with the FCC, NTIA finds that data at the address level, or as close to 
the address level as practicable considering the technology type being 
employed, as set out in the Technical Appendix, should be collected by 
each awardee under this Program and that such data must be provided to 
NTIA pursuant to the terms of the Notice. State broadband maps 
developed pursuant to awards under this Program should display data at 
the address level, or as close to the address level as practicable 
considering the technology type being employed and as provided more 
fully in the Technical Appendix.
    State Models. NTIA has gathered information from a variety of 
sources, including mapping experts from many States. Additionally, 
commenters provided suggestions on what maps NTIA should use as models 
for the national broadband map.\44\ After careful consideration and 
consultation with the FCC and other agencies, determined that none of 
the suggested State map models contain all of the data sets necessary 
for the national broadband map, but may prove to be instructive and the 
source of valuable ideas. The information required under the Notice and 
Technical Appendix, however, is the principal source of information for 
the national map and guidance for applicants under this Program.
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    \44\ See, e.g., CostQuest/LinkAmerica Alliance at 17 (Alabama 
map); State of Arizona Government Information Technology Agency at 9 
(Arizona Map); City and County of San Francisco at 25 (Apr. 13, 
2009) (California Map); State of Iowa at 7 (Hawaii map); Oakland 
County, Michigan at 7 (Illinois Map); ConnectKentucky at 3 (Kentucky 
Map); Joint Comments at 8, 13 (Massachusetts Map); Diane Wells at 1, 
2 (Apr. 13, 2009) (Minnesota Map); State of Iowa at 7 (Missouri 
Map); Joint Response of the New York State CIO et al. at 4 (New York 
Map); Pennsylvania Governor's Office of Administration at 8 (North 
Carolina Map); Pennsylvania Governor's Office of Administration at 8 
(Pennsylvania Map); Scott County Mayor Ricky A. Keeton at 1 (Apr. 
13, 2009) (Tennessee Map); Stratrum Broadband at 19 (Mar. 31, 2009) 
(Vermont Map); City of Boston at 9 (Virginia Tech Map); ViaStat, 
Inc. at 14, 15 (Apr. 13, 2009) (Australia Map); City of Boston at 9 
(New Zealand Map).
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    State Collection of Mapping Information. State participation is 
critical to the national broadband mapping effort. Commenters expressed 
a range of opinions on the information that States should be required 
to collect as a condition of receiving statewide inventory grants.\45\ 
In order to promote the efficient creation of the State and national 
broadband maps, NTIA and RUS will require that broadband internet 
service providers that apply for infrastructure grants under BTOP and 
RUS' Broadband Initiatives Program (BIP) agree to provide the data that 
awardees under this Program are required to collect pursuant to the 
Technical Appendix. NTIA and RUS find that the BIP/BTOP program's 
incentive structure should complement the goals of the State and 
national mapping efforts and this requirement will further facilitate 
data collection.
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    \45\ The RFI included a question regarding the specific 
information the States should collect as conditions of receiving 
statewide inventory grants (74 FR 10718). Most commenters agreed 
that States should collect information. See, e.g., WISPA at 13. 
There was disagreement over whether State data collection should be 
a condition to qualify for grants. See, e.g., Windstream 
Communications, Inc. at 27. Some commenters did not think providers 
should be required to provide mapping data. See, e.g., Independent 
Telephone and Telecommunications Alliance at 35. Some commenters 
recommended that providers be required to submit data. See, e.g., 
State of Missouri/Missouri Public Services Commission at 12.
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    Technical Specifications of State Maps. The BDIA is silent on the 
technical specifications that should be included in each State map. 
NTIA sought comment in the RFI on the specifications that should be 
required of State Broadband Data Program grantees to ensure that the 
data collected at the State level can be efficiently incorporated into 
the national broadband map.\46\ As stated above, NTIA also consulted 
with the FCC and examined mapping methodologies currently employed at 
the State level, regarding the technical specifications with which 
awardees should comply in composing their maps with program funds.
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    \46\ 74 FR at 10718.
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    In response to the RFI, commenters provided varying insights on the 
data sets that should be displayed,\47\ and the technical format of the 
information provided.\48\ NTIA has determined to require that data be 
collected as specified in the Technical Appendix attached hereto.
---------------------------------------------------------------------------

    \47\ NTIA received comments on the technical specifications of 
the map including the following: Triangle J Council of Governments 
Cable Broadband Consortium at 15 (Apr. 13, 2009) (NTIA should 
establish a standard template, such as a database directory, by 
which information is submitted); CostQuest/LinkAmerica Alliance at 
18 (NTIA should clearly define certain data sets such as: Coverage 
areas, speed and service attributes, quality of service data, 
technologies, infrastructure elements, demand and demographic data 
price, deployment costs); The People of the State of California and 
Governor Arnold Schwarzenegger at 46 (NTIA should establish 
definitions for address); National Tribal Telecommunications 
Association at 3, 4 (NTIA should show customer class (residential, 
business, etc.); Joint Response of the New York State CIO et al. at 
11 (data should allow for multiple demographic overlays); Apex 
CoVantage at 4 (link the customer database to the provider database 
and link the political data to census data); SEDA--Council of 
Governments at 6 (searchable by address and display in graphical 
rather than tabular format).
    \48\ Link America Alliance at 17 (NTIA should follow Federal 
Geospatial Data Content standards that included geographic and 
topographic information); University of Nebraska at 4 (NTIA should 
require GIS software compatibility); The People of the State of 
California and Governor Arnold Schwarzenegger at 47 (NTIA should 
create Metadata (data about the data) according to Federal 
Geospatial Data Content (FGDC) standards to be generated after geo-
coding); State of Arizona Government Information Technology Agency 
at 9 (NTIA should create Metadata (data about the data) according to 
ESRI mapping standards); CostQuest/Link America Alliance at 18, 19 
(maps and features (data layers) should be collected in accordance 
with Open Geospatial Consortium (OGC) standards for geospatial 
data).

[FR Doc. E9-16103 Filed 7-7-09; 8:45 am]
BILLING CODE 3510-60-P


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