[Federal Register Volume 59, Number 2 (Tuesday, January 4, 1994)] [Notices] [Pages 452-455] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-27] [[Page Unknown]] [Federal Register: January 4, 1994] _______________________________________________________________________ Part IV Department of Commerce _______________________________________________________________________ National Telecommunications and Information Administration _______________________________________________________________________ Public Telecommunications Facilities Program: Availability of Funds; Notice DEPARTMENT OF COMMERCE National Telecommunications and Information Administration [Docket No. 931228-3328] Public Telecommunications Facilities Program: Availability of Funds AGENCY: National Telecommunications and Information Administration (NTIA), Commerce. ACTION: Notice of availability of funds. ----------------------------------------------------------------------- SUMMARY: The National Telecommunications and Information Administration (NTIA), U.S. Department of Commerce, announces that applications are available for planning and construction grants for public telecommunications facilities under the Public Telecommunications Facilities Program (PTFP), which is administered by NTIA. Applicants for grants under the PTFP must file their applications on or before March 17, 1994. NTIA anticipates making grant awards by September 30, 1994. Approximately $21.3 million is available in fiscal year 1994 for grants. The amount of a grant award will vary depending on the project of the applicant. NTIA awarded $20.8 million in funds to 105 projects for fiscal year 1993. The awards ranged from $1,898 to $968,989. Final Rules and Policy Statement for the Public Telecommunications Facilities Program were published on November 22, 1991 (56 FR 59168- 59192, No. 226). These rules, codified at 15 CFR part 2301, will be in effect for 1994 applications. Prospective PTFP applicants should be aware that NTIA is in the process of establishing a new National Information Infrastructure grant program to be called the Information Infrastructure Grants Program (IIGP). The IIGP's funds may be used for the planning and construction of telecommunications networks or the purchase of telecommunications services and facilities for the provision of educational, cultural, health care, public information, public safety or other social services. The Congress appropriated $26 million dollars for the IIGP in FY 1994. Formal announcement of the IIGP will be made at a later date. The new IIGP is separate from the already-existing grant program, the PTFP, which is the subject of this Notice. The PTFP or its predecessor- agencies have been in operation since 1962; the present PTFP program has been in place since 1978. DATES: Pursuant to Sec. 2301.5(c) of the PTFP Final Rules (56 FR 59176 (1991), codified at 15 CFR part 2301), the Administrator of NTIA hereby establishes the closing date for the filing of applications for grants under the PTFP. The closing date selected for the submission of applications for 1994 is March 17, 1994. Applications delivered by mail or by hand must be delivered to the address referenced below by 5 p.m. on or before March 17, 1994. Applicants whose applications are not received by the deadline will be notified that their applications will not be considered in the current grant cycle and will be returned. ADDRESSES: To obtain an application package, submit completed applications, or send any other correspondence, write to: Office of Telecommunications and Information Applications, NTIA/DOC, 14th Street and Constitution Avenue, NW., room H-4625, Washington, DC 20230. FOR FURTHER INFORMATION CONTACT: Dr. Charles Rush, Acting Associate Administrator, telephone: (202) 482- 5802. SUPPLEMENTARY INFORMATION: I. Eligibility A. To be eligible to apply for and receive a construction grant, an applicant must be: (1) A public or noncommercial educational broadcast station; (2) A noncommercial telecommunications entity; (3) A system of public telecommunications entities; (4) A nonprofit foundation, corporation, institution, or association organized primarily for educational or cultural purposes; or, (5) A state or local government or agency, or a political or special purpose subdivision of a state. B. To be eligible to apply for and receive a planning grant, an applicant must be: (1) Any of the organizations described in paragraph A of this section; or, (2) A nonprofit foundation, corporation, institution, or association organized for any purpose except primarily religious. C. An applicant that is eligible under paragraphs A or B of this section may file an application with the Agency for a planning or construction grant to achieve the following: (1) The provision of new public telecommunications facilities to extend service to areas currently not receiving public telecommunications services; (2) The expansion of the service areas of existing public telecommunications entities; (3) The establishment of new public telecommunications entities serving areas currently receiving public telecommunications services; or, (4) The improvement of the capabilities of existing licensed public broadcast stations to provide public telecommunications services. D. Applicants must certify whether they are delinquent on any Federal debt. No award of Federal funds shall be made to an applicant who has an outstanding delinquent Federal debt until either: (1) The delinquent account is paid in full, (2) A negotiated repayment schedule is established and at least one payment is received, or (3) Other arrangements satisfactory to the Department of Commerce are made. Delinquent accounts include debts incurred by sub-units of the applicant other than the sub-unit that is applying to NTIA, and includes debts owed to any agency of the Federal government, not just to the Department or NTIA. E. An applicant whose proposal requires an authorization from the FCC must be eligible to receive such authorization. II. Program Goals and Priorities The Goals of this program as stated in section 390 of the Communications Act (47 U.S.C. 390) are: ``To assist through matching grants, in the planning and construction of public telecommunications facilities in order to achieve the following objectives: (1) Extend delivery of public telecommunications services to as many citizens of the United States as possible by the most efficient and economical means, including the use of broadcast and nonbroadcast technologies; (2) Increase public telecommunications services and facilities available to, operated by, and owned by minorities and women; and (3) Strengthen the capability of existing public television and radio stations to provide public telecommunications services to the public.'' The Agency has established the following priorities for the PTFP: Special Applications NTIA possesses the discretionary authority to recommend awarding grants to eligible broadcast and nonbroadcast applicants whose proposals are so unique or innovative that they do not clearly fall within the priorities listed below. Innovative projects submitted under this category must address demonstrated and substantial community needs (e.g., service to identifiable ethnic or linguistic minority audiences, service to the blind or deaf, electronic text, and nonbroadcast projects offering educational or instructional services). Priority 1--Provision of Public Telecommunications Facilities for First Radio and Television Signals to a Geographic Area There are three subcategories: A. Projects that include local origination capacity. This subcategory includes the planning or construction of new facilities that can provide a full range of radio and/or television programs including material that is locally produced. B. Projects that do not include local origination capacity. This subcategory includes projects such as increases in tower height and/or power of existing stations and construction of translators, cable networks, and repeater transmitters that will result in providing public telecommunications services to previously unserved areas. C. Projects that provide first nationally distributed programming. This subcategory includes projects that provide satellite downlink facilities to noncommercial radio and television stations that would bring nationally distributed programming to a geographic area for the first time. Priority 1 and its subcategories apply only to grant applicants proposing to plan or construct new facilities to bring public telecommunications services to geographic areas that are presently unserved. Priority 2--Replacement of Basic Equipment of Existing Essential Broadcast Stations Projects eligible for consideration under this category include the urgent replacement of obsolete or worn out equipment in existing broadcast stations that provide either the only public telecommunications signal or the only locally originated public telecommunications signal to a geographical area. Priority 3--Establishment of a First Local Origination Capacity in a Geographical Area Projects in this category include the planning or construction of facilities to bring the first local origination capacity to an area already receiving public telecommunications services. Priority 4--Replacement and Improvement of Basic Equipment for Existing Broadcast Stations Projects eligible for consideration under this category include the replacement of obsolete or worn-out equipment and the upgrading of existing origination or delivery capacity to current industry performance standards. There are two subcategories: A. Under Priority 4A, NTIA will consider applications to replace urgently needed equipment from public broadcasting stations that do not meet the Priority 2 criteria because they do not provide either the only public telecommunications signal or the only locally originated public telecommunications signal to a geographic area. NTIA will also consider applications that improve as well as replace urgently needed production-related equipment at public radio and television stations that do not qualify for Priority 2 consideration but that produce, on a continuing basis, significant amounts of programming distributed nationally to public radio or television stations. This subcategory will also enable the acquisition of satellite downlinks for public radio stations in areas already served by one or more full-service public radio stations. The applicant must demonstrate that it will broadcast a program schedule that does not merely duplicate what is already available in its service area. The final projects included in this subcategory would enable the acquisition of the necessary items of equipment to bring the inventory of an already-operating station to the basic level of equipment requirements established by PTFP. B. This subcategory includes the improvement and non-urgent replacement of equipment at any public broadcasting station. Priority 5--Augmentation of Existing Broadcast Stations Projects in this category would equip an existing station beyond a basic capacity to broadcast programming from distant sources and to originate local programming. A. Projects to equip auxiliary studios at remote locations, or to provide mobile origination facilities. An applicant must demonstrate that significant expansion in public participation in programming will result. B. Projects to augment production capacity beyond basic level in order to provide programming or related materials for other than local distribution. This subcategory would provide equipment for the production of programming for regional or national use. III. Application Forms and Regulations To apply for a PTFP grant, an applicant must file a timely and complete application on a current form approved by the Agency. No previous versions of the PTFP Application Form may be used. (In accordance with the Paperwork Reduction Act, the current application form has been cleared under OMB control no. 0660-0003.) All persons and organizations on the PTFP's mailing list will be sent a copy of the current application form and the Final Rules. Those not on the mailing list may obtain copies by contacting the PTFP at the address above. Prospective applicants should read the Final Rules carefully before submitting applications. Applicants whose applications were deferred will be mailed pertinent PTFP materials and instructions for requesting reactivation. Applicants should note that they must comply with the provisions of Executive Order 12372, ``Intergovernmental Review of Federal Programs.'' The Executive Order requires applicants for financial assistance under this program to file a copy of their application with the Single Points of Contact (SPOC) of all states relevant to the project. Applicants are required to serve a copy of their completed application on the appropriate SPOC on or before March 17, 1994. Applicants are encouraged to contact the appropriate SPOC well before the NTIA closing date. NTIA requires that all applicants whose proposed projects need authorization from the Federal Communications Commission (FCC) must tender an application to the FCC for such authority on or before March 17, 1994. (An application is tendered to the FCC when it has been received by the Secretary of the FCC.) However, applicants are urged to submit it with as much lead time before the PTFP closing date as possible. The greater the lead time, the better the chance the FCC application will be processed to coincide with NTIA's grant cycle. NTIA may return the application of any applicant which fails to tender an application to the FCC for any necessary authority on or before March 17, 1994. Effective October 1, 1988, OMB Circular A-102, as it applies to grant recipients, has been superseded by Department of Commerce regulations, Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments (53 FR 8034, codified at 15 CFR 24 (1988)). Applicants should note that PTFP grant recipients, depending on their type of organization, are subject to the provisions of diverse Office of Management and Budget (OMB) Circulars; i.e., A-87 ``Cost Principles for State and Local Governments,'' A-21 ``Cost Principles for Educational Institutions,'' A-110, A-122, A-128, as implemented by 15 CFR part 29a, and A-133, as implemented by 15 CFR part 29b. Indirect costs for construction applications are not supported by this program. The total dollar amount of the indirect costs proposed in a planning application under this program must not exceed the indirect cost rate negotiated and approved by a cognizant Federal agency prior to the proposed effective date of the award or 100 percent of the total proposed direct costs dollar amount in the application, whichever is less. All non-profit applicants are subject to a name check review process. Name checks are intended to reveal if any key individuals associated with the applicant have been convicted of or are presently facing criminal charges such as fraud, theft, perjury, or other matters which significantly reflect on the applicant's management honesty or financial integrity. Potential grant recipient organizations may also be subject to reviews of Dun and Bradstreet data or other similar credit checks. All primary applicants must submit a completed Form CD-511, ``Certifications Regarding Debarment, Suspension, and Other Responsibility Matters; Drug-Free Workplace Requirements and Lobbying.'' Applicants are further advised that: (1) Nonprocurement Debarment and Suspension Prospective participants (as defined at 15 CFR part 26, section 105) are subject to 15 CFR part 26, ``Nonprocurement Debarment and Suspension'' and the related section of the certification form; (2) Drug-Free Workplace Grantees (as defined at 15 CFR part 26, section 605) are subject to 15 CFR part 26, subpart F, ``Governmentwide Requirements for Drug-Free Workplace (Grants)'' and the related section of the certification form; (3) Anti-Lobbying Persons (as defined at 15 CFR part 28, section 105) are subject to the lobbying provisions of 31 U.S.C. 1352, ``Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions,'' and the lobbying section of the certification form prescribed above applies to applications/bids for grants, cooperative agreements, and contracts for more than $100,000, and loans and loan guarantees for more than $150,000, or the single family maximum mortgage limit for affected programs, whichever is greater; and (4) Anti-Lobbying Disclosures Any applicant that has paid or will pay for lobbying using any funds must submit an SF-LLL, ``Disclosure of Lobbying Activities,'' as required under 15 CFR part 28, Appendix B. For awards granted by NTIA, the recipient shall require applicants/ bidders for subgrants, contracts, subcontracts, or other lower tier covered transactions at any tier under the grant award to submit, if applicable, a completed Form CD-512, ``Certifications Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions and Lobbying'' and disclosure form, SF-LLL, ``Disclosure of Lobbying Activities.'' Form CD-512 is intended for the use of recipients and should not be transmitted to the Department. SF- LLL completed by any tier recipient or subrecipient should be submitted to the Department in accordance with the instructions contained in the award document. If an application is selected for funding, the Department of Commerce has no obligation to provide any additional future funding in connection with that award. Renewal or amendment of an award to increase funding or to extend the period of performance is at the total discretion of the Department. Recipients and subrecipients are subject to all Federal laws and Federal and DOC policies, regulations, and procedures applicable to Federal financial assistance awards. In addition, unsatisfactory performance by the applicant under prior Federal awards may result in the application not being considered for funding. Applicants are reminded that a false statement on the application is grounds for denial or termination of funds and grounds for possible punishment by a fine or imprisonment as provided in 18 U.S.C. 1001. If applicants incure any costs prior to an award being made, they do so solely at their own risk of not being reimbursed by the Government. Notwithstanding any verbal or written assurance that may have been received, there is no obligation on the part of DOC to cover preaward costs. IV. Funding Criteria All PTFP funding criteria are equal in weight. In determining whether to approve or defer a construction grant application, in whole or in part, and the amount of such grant, the Agency will evaluate all the information in the application file and consider, in no order of priority, the following factors: (a) The extent to which the project meets the program purposes set forth in the Final Rules, 15 CFR 2301.2, as well as the specific program priorities set forth in the Appendix of those Rules; (b) The adequacy and continuity of financial resources for long- term operational support; (c) The extent to which non-Federal funds will be used to meet the total cost of the project; (d) The extent to which the applicant has: (1) Assessed specific educational, informational, and cultural needs of the community(-ies) to be served, and the extent to which the proposed service will not duplicate service already available; (2) Evaluated alternative technologies and the bases upon which the technology was selected; (3) Provided significant documentation of its equipment requirements, and the urgency of acquisition or replacement; (4) Provided documentation of an increasing pattern of substantial non-Federal financial support; (5) Provided other evidence of community support, such as letters from elected or appointed policy-making officials, and from agencies for which the applicant produces or will produce programs or other materials; (e) The extent to which the evidence supplied in the application reasonably assures an increase in public telecommunications services and facilities available to, operated by, and owned or controlled by minorities and women; (f) The extent to which various items of eligible apparatus proposed are necessary to, and capable of, achieving the objectives of the project and will permit the most efficient use of the grant funds; (g) The extent to which the eligible equipment requested meets current broadcast industry performance standards; (h) The extent to which the applicant will have available sufficient qualified staff to operate and maintain the facility and provide services of professional quality; (i) The extent to which the applicant has planned and coordinated the proposed services with other telecommunications entities in the service area; (j) The extent to which the project implements local, statewide or regional public telecommunications systems plans, if any; and, (k) The readiness of the FCC to grant any necessary authorization. In determining whether to approve or defer a planning grant application, in whole or in part, and the amount of such grant, the Agency will evaluate all the information in the application file and consider, in no order of priority, the following factors: (a) The extent to which the applicant's interests and purposes are consistent with the purposes of the Act and the priorities of the Agency; (b) The qualifications of the proposed project planner; (c) The extent to which the project's proposed procedural design assures that the applicant would adequately: (1) Obtain financial, human and support resources necessary to conduct the plan; (2) Coordinate with other telecommunications entities at the local, state, regional and national levels; (3) Evaluate alternative technologies and existing services; and (4) Receive participation by the public to be served (and by minorities and women in particular) in the project planning; (d) Any pre-planning studies conducted by the applicant showing the technical feasibility of the proposed planning project (such as the availability of a frequency assignment, if necessary, for the project); and, (e) The feasibility of the proposed procedure and timetable for achieving the expected results. V. Matching Requirements (a) Planning grants. A Federal grant for the planning of a public telecommunications facility shall be in an amount determined by the Agency and set forth in the award document and the attachments thereto. The Agency may provide up to 100 percent of the funds necessary for the planning of a public telecommunications construction project. (b) Construction grants. (1) A Federal grant award for the construction of a public telecommunications facility shall be an amount determined by the Agency and set forth in the award document. Such amount may not exceed 75 percent of the amount determined by the Agency to be the reasonable and necessary cost of such project. Special Note: As originally stated in the August 20, 1987, PTFP Final Rules, and as reaffirmed and clarified in a November 22, 1991, PTFP Policy Statement, NTIA has established a policy which is intended to encourage stations to increase from 25% to 50% the matching percentage in their proposals for equipment replacement, improvement, and augmentation. The Agency has emphasized that applicants proposing to provide first service to a geographic area encounter considerable ineligible costs, including construction or renovation of buildings or other similar expenses. NTIA, therefore, expects to continue funding projects to extend service at up to 75% of the total project cost. Applicants from small community-licensed stations, or those who can show that a station licensed to a large institution cannot obtain direct or in-kind support from the larger institution, also will not be subject to this preference. Otherwise, a showing of extraordinary need or an emergency situation will be taken into consideration as justification for grants of up to 75% of the project cost, but the presumption of 50% funding will be the general rule for applications calling for the replacement, improvement, or augmentation of equipment. (2) No part of the grantee's matching share of the eligible project costs may be met with funds paid by the Federal government, except where the use of such funds to meet a Federal matching requirement is specifically and expressly authorized by Federal statute. (3) Funds supplied to an applicant by the Corporation for Public Broadcasting may not be used for the required non-Federal matching purposes, except upon a clear and compelling showing of need. (4) The expenditure of any local matching funds prior to the Closing Date will be disallowed. (5) The Applicants should note that expenditure of local matching funds prior to the award of a grant is at the applicant's own risk. The exact amount of the match will not be known with certainty until the final award agreement is negotiated. Therefore, should the applicant's expenditure of non-Federal funds exceed the non-Federal share which will be established in the final award agreement, then either the Federal share of the total project cost may be reduced by a corresponding amount, or no Federal award may be offered. VI. Selection Process and Project Period PTFP grants are awarded on the basis of a competitive review process. This includes several grant review panels, which apply the Funding Criteria listed in section V above. The Agency determines the selection of grantees according to the Priorities listed in section III above and the evaluation of the applications by the various review panels. Planning grant award periods customarily do not exceed one year, whereas construction grant award periods commonly range up to two years. Although these time frames are generally applied to the award of all PTFP grants, variances in project periods may be based on specific circumstances of an individual proposal. Authority: The Public Telecommunications Financing Act of 1978, Pub. L. 95-567, 92 Stat. 2405 (as amended), 47 U.S.C. 390-394, 397- 399b (1988). Dr. Charles Rush, Acting Associate Administrator, Office of Telecommunications and Information Applications. [FR Doc. 94-27 Filed 1-3-94; 8:45 am] BILLING CODE 3510-60-M