Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Notices 32545 

additional copy of those comments on 

diskette. 

Any interested party may request a 

hearing within 30 days of publication of 

this notice. See 19 CFR 351.310(c). 

Hearing requests should contain the 

following information: (1) the party’s 

name, address, and telephone number; 

(2) the number of participants; and (3) 

a list of the issues to be discussed. Oral 

presentations will be limited to issues 

raised in the briefs. If a request for a 

hearing is made, parties will be notified 

of the time and date for the hearing to 

be held at the U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230. 

See 19 CFR 351.310(d). 

The Department will issue the final 

results of this administrative review, 

which will include the results of its 

analysis of issues raised in any such 

comments, within 120 days of 

publication of these preliminary results, 

pursuant to section 751(a)(3)(A) of the 

Act. 

Assessment Rates 

The Department will determine, and 

CBP shall assess, antidumping duties on 

all appropriate entries of subject 

merchandise in accordance with the 

final results of this review. For 

assessment purposes, we calculated 

exporter/importer- (or customer) 

-specific assessment rates for 

merchandise subject to this review. 

Where appropriate, we calculated an ad 

valorem rate for each importer (or 

customer) by dividing the total dumping 

margins for reviewed sales to that party 

by the total entered values associated 

with those transactions. For duty– 

assessment rates calculated on this 

basis, we will direct CBP to assess the 

resulting ad valorem rate against the 

entered customs values for the subject 

merchandise. Where appropriate, we 

calculated a per–unit rate for each 

importer (or customer) by dividing the 

total dumping margins for reviewed 

sales to that party by the total sales 

quantity associated with those 

transactions. For duty–assessment rates 

calculated on this basis, we will direct 

CBP to assess the resulting per–unit rate 

against the entered quantity of the 

subject merchandise. Where an 

importer- (or customer) -specific 

assessment rate is de minimis (i.e., less 

than 0.50 percent), the Department will 

instruct CBP to assess that importer (or 

customer’s) entries of subject 

merchandise without regard to 

antidumping duties. We intend to 

instruct CBP to liquidate entries 

containing subject merchandise 

exported by the PRC–wide entity at the 

PRC–wide rate we determine in the final 

results of this review. The Department 

intends to issue appropriate assessment 

instructions directly to CBP 15 days 

after publication of the final results of 

this review. 

Cash–Deposit Requirements 

The following cash–deposit 

requirements will be effective upon 

publication of the final results of this 

administrative review for all shipments 

of the subject merchandise from the PRC 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication date, as provided by section 

751(a)(2)(C) of the Act: (1) for CPZ, the 

cash deposit rate will be that established 

in the final results of this review, except 

if the rate is zero or de minimis no cash 

deposit will be required; (2) for 

previously investigated or reviewed PRC 

and non–PRC exporters not listed above 

that have separate rates, the cash 

deposit rate will continue to be the 

exporter–specific rate published for the 

most recent period; (3) for all PRC 

exporters of subject merchandise which 

have not been found to be entitled to a 

separate rate, the cash deposit rate will 

be the PRC–wide rate of 92.84 percent; 

and (4) for all non–PRC exporters of 

subject merchandise which have not 

received their own rate, the cash deposit 

rate will be the rate applicable to the 

PRC exporters that supplied that non– 

PRC exporter. These deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Notification to Importers 

This notice also serves as a 

preliminary reminder to importers of 

their responsibility under 19 CFR 

351.402(f) to file a certificate regarding 

the reimbursement of antidumping 

duties prior to liquidation of the 

relevant entries during this review 

period. Failure to comply with this 

requirement could result in the 

Secretary’s presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of double antidumping duties. 

We are issuing and publishing these 

preliminary results of review in 

accordance with sections 751(a)(2)(B) 

and 777(i)(1) of the Act, and 19 CFR 

351.221(b). 

Dated: June 30, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. E9–16096 Filed 7–7–09; 8:45 am] 

BILLING CODE 3510–DS–S 

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. 

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 Statelevel 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, 

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32546 Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Notices 

1Recovery Act section 6001(l), 123 Stat. at 516. 

See Section IV for the definition of ‘‘State’’ and 

other relevant definitions. 

2 Id. 

3Recovery Act, Title II, Div. A, 123 Stat. at 123 

(to be codified at 47 U.S.C. 1301). 

4BDIA § 102, 122 Stat. at 4096. 

5BDIA § 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. 

6The 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 § 106(e), 122 Stat. at 4100–4101. 

7See Notice: American Recovery and 

Reinvestment Act of 2009 Broadband Initiatives, 74 

FR 8914 (Feb. 27, 2009). 8See 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. 

9Agendas, 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. 

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 

broadbandmapping@ntia.doc.gov. 

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. 

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

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. 

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 

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Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Notices 32547 

10However, NTIA is considering methods for 

displaying some pricing data that will be collected 

through other avenues. 

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. 

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. 

In addition to the above broadbandrelated 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 costefficient 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 

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32548 Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Notices 

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 subjectmatter 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. 

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Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Notices 32549 

11BDIA § 106(h), 122 Stat. at 4101. 

12Census 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. 

13These criteria conform to the two distinct 

components of the BIP and BTOP categories of 

eligible projects—Last Mile and Middle Mile. 

14Recovery Act, Title II, Div. A. 123 Stat. at 128. 

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

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 noncash 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 nonFederal 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. 

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, 

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15BDIA § 106(i)(2)(B), 122 Stat. at 4102. 

16BDIA § 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). 

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.’’ 

18Reasonable 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. 

19BDIA §§ 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). 

20The 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. 

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. 

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

Matching Funds and Cost Sharing 

Requirements: Awardees under this 

Program will be required to provide and 

document at least 20 percent nonFederal 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 preaward 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. 

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 inkind contributions the ascertainable fair 

market value of data previously 

collected and related to the BDIAeligible 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. 

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. 

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

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 

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Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Notices 32551 

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

22BDIA § 106(f), 122 Stat. at 4101. 

23The 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 Federallyrecognized 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). 

24Recovery Act § 1604, 123 Stat. at 303. 

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 SelfDetermination 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. 

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 Statedesignated 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. 

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. 

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

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 eGovernment 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: 

• 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; 

• Standard Form LLL, Disclosure of 

Lobbying Activities; 

• CD–511 Certification Regarding 

Lobbying; and 

• 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 

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25Applicants may illustrate such known 

unserved areas through submission of a map. 

26Broadband 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. 

State for projects in or affecting the 

State.25

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 inkind 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 telecommunicationsrelated 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

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 

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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). 

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. 

(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 SelfDetermination 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. 

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32554 Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Notices 

28Recovery Act § 1606, 123 Stat. at 303. 

29Recovery Act, § 1605, 123 Stat. at 303. 

30See 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). 

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 Federallyfunded 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

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

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

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/ 

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Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Notices 32555 

31Recovery Act § 1515, 123 Stat. at 289. 

32Recovery Act § 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. 

ybk01.htm, and OMB Circular A–133, 

Audits of States, Local Governments, 

and Non-Profit Organizations, located at 

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

circulars/a133/a133.html. Awardees are 

responsible for ensuring that subrecipient audit reports are received and 

for resolving any audit findings. 

H. Deobligation: 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

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

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 

mstockstill on DSKH9S0YB1PROD with NOTICES

32556 Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Notices 

33See, e.g., Recovery Act § 1602, 123 Stat. at 302. 

34See 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. 

35Recovery Act § 1512(c), 123 Stat. at 287. 

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. 

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

(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

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 inkind 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 onetime 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. 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Notices 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 

broadbandmapping@ntia.doc.gov. 

1. Broadband Service Availability in 

Provider’s Service Area 

(a) Availability by Service AddressService 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 ‘‘facilitiesbased’’ 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 Number .......................................... Integer .......... 8402202. 

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 abbreviation ......................................... Text .............. DC. 

End-User ZIP Code .......... 5-digit ZIP code (with leading zeros) ........................................ Text .............. 20230. 

End-User ZIP Plus 4 ........ 4-digit add-on code (with leading zeros) .................................. Text .............. 0005. 

Category of End User ...... Category of End User Served at Address (see details below 

for codes).

Integer .......... 3. 

Technology of Transmission.Category of technology available for the provision of service 

at the address (see details below for codes).

Integer .......... 50. 

Maximum Advertised 

Downstream Speed.

Speed tier code for the maximum advertised downstream 

speed available at the address (see details below for 

codes).

Integer .......... 8. 

Maximum Advertised Upstream Speed.Speed tier code for the maximum advertised upstream speed 

that is offered with the above maximum advertised downstream speed available at the address (see details below 

for codes).

Integer .......... 8. 

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RECORD FORMAT FOR ADDRESS DATA FOR EACH PROVIDER—Continued 

Field Description Type Example 

Typical Downstream 

Speed.

Speed tier code for 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 below for codes).

Integer .......... 8 

Typical Upstream Speed .. Speed tier code for 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 below for codes).

Integer .......... 8. 

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 Enterprise ....................... Address denotes the 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 the End User ........................................... Fiber to the home or 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: 

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Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Notices 32559 

SPEED TIER CODES

Upload 

speed tier 

Download 

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, tabdelimited 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’’ name .............................................. Text ...................... Superfone, Inc. 

FRN ................................................................. Provider FCC Registration Number ................................. Integer .................. 8402202. 

Technology of Transmission ........................... Category of technology for the provision of service (see 

details following Part 1(a) for codes).

Integer .................. 41. 

Spectrum Used ................................................ If technology of transmission is wireless, is Cellular 

spectrum (824–849 MHz; 862–869) used to provide 

service (Y/N)? 

Text ...................... Y. 

Spectrum Used ................................................ If technology of transmission is wireless, is 700 MHz 

spectrum (698–758 MHz; 775–788 MHz; 805–806 

MHz) used to provide service (Y/N)? 

Text ...................... Y. 

Spectrum Used ................................................ If technology of transmission is wireless, is Broadband 

Personal Communications Services spectrum (1850– 

1915 MHz; 1930–1995) used to provide service 

(Y/N)? 

Text ...................... Y. 

Spectrum Used ................................................ If technology of transmission is wireless, is Advanced 

Wireless Services spectrum (1710–1755 MHz; 2100– 

2155) used to provide service (Y/N)? 

Text ...................... N. 

Spectrum Used ................................................ If technology of transmission is wireless, is Broadband 

Radio Service/Educational Broadband Service spectrum (2496–2690 MHz) used to provide service (Y/ 

N)? 

Text ...................... N. 

Spectrum Used ................................................ If technology of transmission is wireless, is Unlicensed 

(including broadcast television ‘‘white spaces’’) spectrum used to provide service (Y/N)? 

Text ...................... N. 

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RECORD FORMAT FOR AVAILABILITY AREA DATA FOR EACH PROVIDER—USE ONLY IN CONNECTION WITH WIRELESS

SERVICES NOT PROVIDED TO A SPECIFIC ADDRESS—Continued 

Field Description Type Example 

Spectrum Used ................................................ If technology of 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 (Lband, Big LEO, Little LEO, 2 GHz).

Text ...................... SMR. 

Maximum Advertised Downstream Speed ...... Speed tier code for the maximum advertised downstream speed available (see details following Part 

1(a) for codes).

Integer .................. 8. 

Maximum Advertised Upstream Speed .......... Speed tier code for the maximum advertised upstream 

speed that is offered with the above maximum advertised downstream speed available (see details following Part 1(a) for codes).

Integer .................. 8. 

Typical Downstream Speed ............................ Speed tier code for 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).

Integer .................. 8. 

Typical Upstream Speed ................................. Speed tier code for 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).

Integer .................. 8. 

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, nonoverlapping 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’’ name .............................................. Text ...................... Superfone, Inc. 

FRN .......................................................... Provider FCC Registration Number ................................. Integer .................. 8402202. 

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RECORD FORMAT FOR RESIDENTIAL BROADBAND SERVICE PRICING AND SPEED CHARACTERISTICS BY COUNTY FOR EACH

PROVIDER—Continued 

Field Description Type Example 

County ...................................................... 3-digit County ANSI (FIPS) Code .................................... Integer .................. 560. 

State ......................................................... 2-digit State ANSI (FIPS) Code ....................................... Integer .................. 51. 

Technology of Transmission .................... Category of technology used in the provision of service 

(see details following Part 1(a) for codes).

Integer .................. 2. 

ARPU, All Advertised Speed Offerings .... Average monthly revenue per residential user for the 

county (see details below for methodology).

Float ..................... 34.45. 

Subscriber-Weighted Nominal Speed ...... Subscriber-weighted nominal speed (blended average 

rate in kbps) (see details below for methodology).

Float ..................... 2753.3. 

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: 

( ) speed tier-1 in kbps no. of tier-1 subscribers speed t × + ier-2 in kbps no. of tier-2 subscribers

total aver

( ) × +...

age monthly subscribers

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, tabdelimited plain text file named 

‘‘pricing_XX.txt’’ where XX is the twoletter 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 


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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’’ name .............................................. Text ...................... Superfone, Inc. 

FRN ................................................................. FCC Registration Number ................................................ Integer .................. 8402202. 

Technology of Transmission ........................... Category of technology for the provision of service (see 

details following Part 1(a) for codes).

Integer .................. 10. 

Serving Facility Backhaul Capacity ................. Upstream capacity of the serving facility (see details 

below).

Integer .................. 1. 

Serving Facility Backhaul Type ....................... Type of upstream transport facility (1=Fiber; 2=Copper; 

3=Hybrid Fiber Coax (HFC); 4=Wireless).

Integer .................. 1. 

End-users served ............................................ Count of end users served from this point of aggregation.Integer .................. 24. 

Latitude ............................................................ Latitude in decimal degrees of facility .............................. Float ..................... 38.884560. 

Longitude ......................................................... Longitude in decimal degrees of facility ........................... Float ..................... ¥77.028123. 

Elevation .......................................................... Elevation relative to grade to the nearest foot (positive 

integers indicate above grade, negative below grade).

Integer .................. 2. 

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. 

SERVING FACILITY CODES—Continued 

Data rate 

code Data rate 

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, tabdelimited plain text file named 

‘‘lastmile_XX.txt’’ where XX is the twoletter 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 leased (1)? ......................................................................... Integer ..... 0. 

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RECORD FORMAT FOR MIDDLE-MILE AND INTERNET BACKHAUL CONNECTION POINTS DATA FOR EACH PROVIDER— 

Continued 

Field Description Type Example 

Serving Facility Capacity.Serving capacity of transport facility (see details below) ............................................. Integer ..... 1. 

Serving Facility Type Type of transport facility (1=Fiber; 2=Copper; 3=Hybrid Fiber Coax (HFC); 

4=Wireless).

Integer ..... 1. 

Latitude .................... Latitude in decimal degrees .......................................................................................... Float ......... 38.884560. 

Longitude ................. Longitude in decimal degrees ....................................................................................... Float ......... ¥77.028123. 

Elevation .................. Elevation relative to grade to the nearest foot (positive integers indicate above 

grade, negative below grade).

Integer ..... ¥10. 

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. 

SERVING FACILITY CODES—Continued 

Data rate 

code Interconnection point data rate 

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, tabdelimited 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 institution .................................................................................... Text .......... 1401 Constitution 

Ave., NW., Washington DC 20230 

Latitude .................... Latitude in decimal degrees of institution ..................................................................... Float ......... 38.884560. 

Longitude ................. Longitude in decimal degrees of institution .................................................................. Float ......... ¥77.028123. 

Category ................... Category of institution (see details below for category codes) .................................... Integer ..... 2. 

Broadband Service? Does institution subscribe to broadband service at location? Text .......... Y. 

Technology of Transmission.Category of technology used for the provision of broadband service to the institution 

(see details following Part 1(a) for codes).

Integer ..... 10. 

Advertised Downstream Service 

Speed.

Speed tier code for the downstream advertised data transfer throughput rate associated with the service that the institution receives (see details following Part 1(a) 

for codes).

Integer ..... 8. 

Advertised Upstream 

Service Speed.

Speed tier code for the upstream data transfer throughput rate associated with the 

service that the institution receives (see details following Part 1(a) for codes).

Integer ..... 8. 

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. 

COMMUNITY ANCHOR INSTITUTION

CATEGORY CODES—Continued 

Category 

code Category 

5 ............... University, college, other postsecondary. 

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 

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32564 Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Notices 

36See Notice: American Recovery and 

Reinvestment Act of 2009 Broadband Initiatives, 74 

FR 8914 (Feb. 27, 2009). 

37Agendas, 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. 

38 74 FR at 10718. 

39Commenters 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 ‘‘meetme-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) (rightsof-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). 

40However, NTIA is considering methods for 

displaying some pricing data that will be collected 

through other avenues. 

41The 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. 

42 74 FR at 10718. 

43The 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 

which the availability of broadband 

service could be expanded.36

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

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

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. 

In addition to the above broadbandrelated 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

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

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Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Notices 32565 

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). 44See, 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). 

45The 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. 

46 74 FR at 10718. 

47NTIA 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). 

48Link 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). 

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. 

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. 

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. 

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. 

[FR Doc. E9–16103 Filed 7–7–09; 8:45 am] 

BILLING CODE 3510–60–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XQ00 

Taking and Importing Marine 

Mammals: Taking Marine Mammals 

Incidental to Harbor Activities Related 

to the Delta IV/Evolved Expendable 

Launch Vehicle at Vandenberg Air 

Force Base, CA 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; proposed incidental 

harassment authorization; request for 

comments. 

SUMMARY: NMFS has received an 

application from United Launch 

Alliance (ULA) for an Incidental 

Harassment Authorization (IHA) to take 

small numbers of marine mammals, by 

harassment, incidental to conducting 

Delta Mariner operations, cargo 

unloading activities, harbor 

maintenance dredging, and kelp habitat 

mitigation activities related to the Delta 

IV/Evolved Expendable Launch Vehicle 

(Delta IV/EELV) at south Vandenberg 

Air Force Base, CA (VAFB). Pursuant to 

the Marine Mammal Protection Act 

(MMPA), NMFS requests comments on 

its proposal to authorize ULA to take, by 

Level B harassment only, small numbers 

of two species of pinnipeds at south 

VAFB beginning August, 2009. 

DATES: Comments and information must 

be received no later than August 7, 

2009. 

ADDRESSES: Comments on the 

application should be addressed to 

mstockstill on DSKH9S0YB1PROD with NOTICES