[Federal Register Volume 61, Number 218 (Friday, November 8, 1996)]
[Notices]
[Pages 57982-57985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28772]
Federal Register / Vol. 61, No. 218 / Friday, November 8, 1996 /
Notices
[[Page 57982]]
DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration
[Docket No. 960205021-6309-03]
RIN 0660-ZA01
Public Telecommunications Facilities Program: Closing Date
AGENCY: National Telecommunications and Information Administration
(NTIA), Commerce.
ACTION: Notice of availability of funds.
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SUMMARY: Subject to the authority of Title III of the Department of
Commerce, Justice and State, the Judiciary and Related Agencies
Appropriations Act, (set out in Division A, Title I of the Omnibus
Consolidated Appropriations Act, 1997, Pub. L. 104-208), 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).
Applicants for matching grants under the PTFP must file their
applications on or before Wednesday, February 12, 1997. NTIA
anticipates making grant awards by September 30, 1997. NTIA shall not
be liable for any proposal preparation costs.
Approximately $15.25 million is available for FY 1997 for PTFP
grants pursuant to Pub. L. 104-208 the ``Department of Commerce and
Related Agencies Appropriations Act of 1997.'' The amount of a grant
award by NTIA will vary, depending on the approved project. For fiscal
year 1996, NTIA awarded $13.4 million in funds to 96 projects. The
awards ranged from $3,592 to $791,727.
The applicable Rules for the PTFP were published on November 8,
1996. These rules, 15 CFR Part 2301 et seq. will be in effect for FY
1997 PTFP applications. Copies of these new Rules will be distributed
as part of the PTFP Application Kit and applicants are cautioned not to
use older versions of the PTFP Rules which they may have on hand.
Parties interested in applying for financial assistance should refer to
these rules and to the authorizing legislation (47 U.S.C. Secs. 390-
393, 397-399b) for additional information on the program's goals and
objectives, eligibility criteria, evaluation criteria, and other
requirements.
DATES: Pursuant to 15 CFR Sec. 2301.8(b), 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 1997 is Wednesday, February 12, 1997. Applications
delivered by mail or by hand must be received at the address referenced
below by 5 p.m. on or before Wednesday, February 12, 1997. Applicants
whose applications are not received by the deadline are hereby notified
that their applications will not be considered in the current grant
cycle and will be returned to the applicant. See 15 CFR Sec. 2301.8(c);
but see also Sec. 2301.26. NTIA will also return any application which
is substantially incomplete, or when the Agency finds that either the
applicant or project is ineligible for funding under 15 CFR Sec. 2301.3
and Sec. 2301.4. The Agency will inform the applicant the reason for
the return of any application.
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 Ave., NW, Room H-4625, Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT: Dennis R. Connors, Director, Public
Broadcasting Division, telephone: (202) 482-5802; fax: (202) 482-2156.
Information about the PTFP can also be obtained electronically via
Internet (send inquiries to http://www.ntia.doc.gov) or through the
NTIA BBS at (202) 482-1199 (set computer modems for 8 stop bits, 0
polarity).
SUPPLEMENTARY INFORMATION:
I. Application Forms and Regulations
To apply for a PTFP grant, an applicant must file an original and
two copies of a timely and complete application on a current form
approved by the Agency. The current application form will be provided
to applicants as part of the application package. This form expires on
October 31, 1997, and no previous versions of the form may be used. (In
accordance with the Paperwork Reduction Act, the current application
form has been cleared under OMB control no. 0660-0003.) Applications
submitted by facsimile or electronic means are not acceptable.
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 or telephone, fax, computer bulletin board, or Internet numbers
noted above. Prospective applicants should read the Final Rules
carefully before submitting applications. Applicants whose applications
were deferred in FY 1996 will be mailed pertinent PTFP materials and
instructions for requesting reactivation of their applications.
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 provide a copy of their completed
application to the appropriate SPOC on or before February 12, 1997.
Applicants are encouraged to contact the appropriate SPOC well before
the PTFP closing date.
NTIA requires that all applicants whose proposed projects need
authorization from the Federal Communications Commission (FCC) tender
an application to the FCC for such authority on or before February 12,
1997. (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 will return the
application of any applicant that fails to tender an application to the
FCC for any necessary authority on or before February 12, 1997.
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 primary applicants must submit a completed Form CD-511,
``Certifications Regarding Debarment, Suspension, and Other
Responsibility Matters; Drug-Free Workplace Requirements and
Lobbying,'' and the following explanations are hereby provided:
(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 prescribed above applies;
[[Page 57983]]
(2) Drug Free Workplace. Grantees (as defined at 15 CFR Part 26,
Section 605) are subject to 15 CFR Part 26, Subpart F, ``Government-
wide Requirements for Drug-Free Workplace (Grants)'' and the related
section of the certification form prescribed above applies;
(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 applicants/bidders
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.
Recipients 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 submitted 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 of an award to increase funding or
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 assistance awards. In addition, unsatisfactory performance by
the applicant under prior Federal awards may result in the application
not being considered for funding.
If applicants incur 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 they have
received, there is no obligation on the part of the Department to cover
preaward costs.
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 are made.
Applicants are reminded that a false statement on the application
may be 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.
Special Note: NTIA has established a policy which is intended to
encourage stations to increase from 25% to 50% the matching percentage
for those proposals that call for equipment replacement, improvement,
or augmentation (PTFP Policy Statement, (56 FR 59168 (1991))). The
presumption of 50% funding will be the general rule for the
replacement, improvement or augmentation of equipment. Exceptions to
this general policy direction are as follows: small community-licensee
stations will not be subjected to this policy. The same is true of a
station that is licensed to a large institution (e.g., a college or
university) documenting that it does not receive direct or in-kind
support from the larger institution. Also, 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 for such
proposals.
A point of clarification is in order: NTIA expects to continue
funding projects to activate stations or to extend service at up to 75%
of the total project cost. NTIA will do this because applicants
proposing to provide first service to a geographic area ordinarily
incur considerable costs that are not eligible for NTIA funding. The
applicant must cover the ineligible costs including those for
construction or renovation of buildings and other similar expenses.
Since NTIA has limited funds for the PTFP program, the PTFP Final
Rules published November 8, 1996 modifies NTIA's policy regarding the
funding of planning applications. Our policy now includes the general
presumption to fund planning projects at no more than 75% of the
project costs. NTIA notes that most of the planning grants awarded by
PTFP in recent years include matching in-kind services and funds
contributed by the grantee. The new NTIA policy therefore codifies what
already has become PTFP practice. NTIA, however, is mindful that
planning grants are sometimes the only resource that emerging community
groups have with which to initiate the planning of new facilities in
unserved areas. We therefore will continue to award up to 100% of total
project costs in cases of extraordinary need.
We wish to take this opportunity to restate the policy published in
the November 22, 1991, PTFP Policy Statement (56 FR 59168 (1991)),
regarding applicants' use of funds from the Corporation for Public
Broadcasting (CPB) to meet the local match requirements of the PTFP
grant. NTIA continues to believe that the policies and purposes
underlying the PTFP requirements could be significantly frustrated if
applicants routinely relied upon another Federally supported grant
program for local matching funds. Accordingly, NTIA has limited the use
of CPB funds for the non-Federal share of PTFP projects to
circumstances of ``clear and compelling need'' (15 CFR
Sec. 2301.6(c)(2)). NTIA intends to maintain that standard and to apply
it on a case-by-case basis.
The November 22, 1991, PTFP Policy Statement (56 FR 59168 (1991))
also discussed a number of issues of particular relevance to applicants
proposing nonbroadcast educational and instructional projects and
potential improvement of nonbroadcast facilities. These policies remain
in effect and will be distributed to all PTFP applicants as part of the
Guidelines for preparing FY 1997 PTFP applications.
II. Eligible and Ineligible Costs
Eligible equipment for the 1997 grant round includes apparatus
necessary for the production, interconnection, captioning, broadcast,
or other distribution of programming, including but not limited to
studio equipment; audio and video storage, processing, and switching
equipment; terminal equipment; towers, antennas, transmitters, remote
control equipment, transmission line, translators, microwave equipment,
mobile equipment, satellite communications equipment, instructional
television fixed service equipment, subsidiary communications
authorization transmitting and receiving equipment, cable television
equipment, and optical fiber communications equipment.
NTIA recognizes that digital technology will be an important means
for the more efficient creation and distribution of programming in the
future. Consequently, public broadcasters seeking to replace, upgrade,
and buy new equipment that employs digital technology will be
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permitted, when appropriate, to use PTFP funds for such purposes.
The following list provides clarification regarding several
equipment and other cost areas that will be helpful in preparing
applications. NTIA also reserves the right to eliminate any costs,
whether specified here or not, that it determines are not appropriate
prior to the awarding of a grant.
A. Equipment and Supplies
(1) Buildings and Modifications to Buildings. (a) Eligible: Small
equipment shelters that are part of satellite earth stations,
translators, microwave interconnection facilities, and similar
facilities. (b) Ineligible: Purchase or lease of buildings and
modifications to buildings, including the renovation of space for
studios intended to house eligible equipment; costs associated with
removing old equipment.
(2) Land and Land Improvements. (a) Eligible: Site preparation
necessary to construct towers and guy anchors for transmission and
interconnection equipment. (b) Ineligible: Purchase or lease of land.
(3) Moving Costs. (a) Ineligible: Moving costs required by
relocation of any facilities. (b) Eligible: Shipping and delivery
charges for equipment acquired within the award.
(4) Reception Equipment. (a) Eligible: Fixed frequency demodulator,
as required by good engineering practice for monitoring the off-air
transmission of signals; subcarrier demodulator; telemetry transmitters
and receivers; satellite receivers; and subcarrier decoders for the
handicapped. (b) Ineligible: Consumer-type TV sets and FM receivers.
(5) Tower Modifications. (a) Eligible: Strengthening or modifying a
commercial entity's tower to accommodate a public broadcasting entity
(structural modifications on towers and/or antenna changes must meet
EIA (Electronic Industries Association) and any required local
standards). (b) Ineligible: Modifying or strengthening the applicant's
tower to accommodate a commercial entity.
(6) Production and Control Room Equipment. (a) Eligible: Standard
production studio and control room equipment for TV or radio program
production. (b) Ineligible: Consumer-type mixers, tape recorders,
turntables, CD players, etc; ancillary production devices such as
stopwatches and stop-clocks, building lights, sound effects, scenery
and props, cycloramas, sound insulation devices and materials,
draperies and related equipment for production use, film and still
photography processing, film sound synchronization editing.
(7) Video Equipment. (a) Eligible: Videotape editing and processing
equipment that conforms to broadcast-standard quality equipment for
field recording and production editing. (b) Ineligible: Consumer level
videotape recording formats not accepted in the industry as broadcast-
standard quality.
(8) Furniture and Office Equipment. (a) Eligible: Consoles required
to mount equipment such as audio consoles and video switchers. (b)
Ineligible: Such items as office furniture, office equipment, studio
clocks and systems, blackboards, office intercoms, equipment inventory
labels and label-makers, word processors, telephone systems, and
printing and duplication equipment.
(9) Expendable Items and Spare Parts. (a) Eligible: A transmitter
spare parts kit and one set of final and driver tubes for a transmitter
awarded in the grant; a spare parts kit for video tape recorders
awarded in the grant. (b) Ineligible: Spare lenses, spare circuit
components, spare parts kits for studio equipment, except as noted
above; recording tape, film, reels, cartridge tapes, records, compact
discs, and record or tape cleaning equipment; art and graphics
supplies; maintenance supplies, including replacement final and driver
tubes normally considered in the industry as normal maintenance-budget-
provided items and similar items.
(10) Backup Equipment. (a) Eligible: Hot standby or backup
microwave for the main studio-to-transmitter link only; a backup or
spare exciter for a television transmitter, as required by good
engineering practice. (b) Ineligible: Redundant equipment, such as
spare transmitters, or costs associated with them, as well as backup
microwave equipment (except as noted above).
(11) Electric Power. (a) Eligible: Generally, all primary power
costs from the output of the main power meter panel; regulators and
surge protectors, as required by good engineering practice, to
stabilize transmitter RF output. Where primary power is not available
or is unusable for broadcast, then PTFP may provide funding for those
devices needed to power the facility if the need for that equipment is
fully documented in the application. (b) Ineligible: Costs of
installing primary power to the facility, including transformers, power
lines, gasoline or diesel powered generators, and related equipment.
(12) Test and Maintenance Equipment. (a) Eligible: Required test
equipment, as indicated by good engineering practice for the
maintenance of the project equipment. (b) Ineligible: Maintenance
equipment such as hand and power tools, storage cabinets, and
maintenance services.
(13) Air Conditioning and Ventilation. (a) Eligible: The costs to
provide ventilation of eligible project equipment, such as ducting for
transmitters, as required by good engineering practice. Transmitter air
conditioning can be applied for and will be supported if the need is
well-documented in the application. (b) Ineligible: Unless
exceptionally well-documented, air conditioning for transmitters,
control rooms, or equipment rooms, studios, mobile units, and other
operational rooms and offices.
(14) Remote Vans. (a) Eligible: Items to equip a remote van for
audio/video production. (b) Ineligible: All vehicles.
B. Other Costs
(1) Construction Applications: NTIA generally will not fund salary
expenses, including staff installation costs, and pre-application legal
and engineering fees. Certain ``pre-operational expenses'' are eligible
for funding. (See 15 CFR Sec. 2301.2.) Despite this provision, NTIA
regards its primary mandate to be funding the acquisition of equipment
and only secondarily funding of salaries. A discussion of this issue
appears in the PTFP Final Rules under the heading Support for Salary
Expenses in the introductory section of the document.
(2) Planning Applications. (a) Eligible: Salaries are eligible
expenses for all planning grant applications, but should be fully
described and justified within the application. Planning grant
applicants may lease office equipment, furniture and space, and may
purchase expendable supplies under the terms of Section 392 (c) of the
Act. (b) Ineligible: Planning grant applications cannot include the
cost of constructing or operating a telecommunications facility.
(3) Audit Costs. Organization-wide audits shall be performed in
accordance with the Single Audit Act Amendments of 1996, for audits of
state and local governments; and Office of Management and Budget
Circular A-133, Audits of Institutions of Higher Education and Other
Non-Profit Institutions for recipients that are educational
institutions or nonprofit organizations. Additionally, when required
under a special award condition, a project audit shall be performed in
accordance with Federal Government Auditing Standards in lieu of an
organization-wide audit.
Federal guidelines allow NTIA to include an amount for audit costs
as part of a grant award. NTIA policy permits non-profit organizations
to
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include up to $5,000 for audit costs in an application. Because audit
costs may vary depending on the size and scope of an organization's
operations, NTIA recommends that applicants obtain estimates from
auditors to determine the appropriate amount to include in their
applications. Construction Grant Applicants should list the amount
requested for audit costs in Part II, Section D--Other Project Costs,
1. Outside Services of the PTFP Application Form. Planning Grant
Applicants should include the amount on line 7, Other, in Part III--
Budget Information for Planning Grant Applicants of the PTFP
Application Form.
III. Notice of Applications Received
In accordance with 15 CFR Sec. 2301.13, NTIA will publish a notice
in the Federal Register listing all applications received by the
Agency. Listing an application in such a notice merely acknowledges
receipt of an application to compete for funding with other
applications. Publication does not preclude subsequent return of the
application for the reasons discussed under the Dates section above, or
disapproval of the application, nor does it assure that the application
will be funded. The notice will also include a request for comments on
the applications from any interested party.
IV. Evaluation Process
See 15 CFR Sec. 2301.16 for a description of the Technical
Evaluation and 15 CFR Sec. 2301.17 for the Evaluation Criteria.
V. Selection Process
Based upon the above cited evaluation criteria, the PTFP program
staff prepares summary evaluations. These incorporate the outside
reviewers recommendations, engineering assessments, and program staff
evaluations. The PTFP Director will consider the summary evaluations
prepared by program staff, rank the applications, and present
recommendations to the OTIA (Office of Telecommunications and
Information Applications) Associate Administrator for review and
approval. The PTFP Director ranks the applications into three
categories: ``Recommended for Funding,'' ``Recommended for Funding if
Funds Available,'' and ``Not Recommended for Funding.'' See 15 CFR
Sec. 2301.18 for a description of the selection factors retained by the
Director, OTIA Associate Administrator, and the Assistant Secretary for
Telecommunications and Information.
Upon review and approval by the OTIA Associate Administrator, the
Director's recommendations will then be presented to the Selection
Official, the NTIA Administrator. The NTIA Administrator selects the
applications to be negotiated for possible grant award taking into
consideration the Directors recommendations and the degree to which the
slate of applications, taken as a whole, satisfies the program's stated
purposes set forth at 15 CFR Sec. 2301.1(a) and (c). These applications
are negotiated between PTFP staff and the applicant. The negotiations
are intended to resolve whatever differences might exist between the
applicant's original request and what PTFP proposes to fund. During
negotiations, some applications may be dropped from the proposed slate,
due to lack of Federal Communications Commission licensing authority,
an applicant's inability to make adequate assurances or certifications,
or other reasons. Negotiation of an application does not ensure that a
final award will be made. When the negotiations are completed, the PTFP
Director recommends final selections to the NTIA Administrator applying
the same factors as listed in 15 CFR Sec. 2301.18. The Administrator
then makes the final award selections from the negotiated applications
taking into consideration the Director's recommendations and the degree
to which the slate of applications, taken as a whole, satisfies the
program's stated purposes in 15 CFR Sec. 2301.1(a) and (c).
VI. Project Period
Planning grant award periods customarily do not exceed one year,
whereas construction grant award periods commonly range from one 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,
as amended, 47 U.S.C. Secs. 390-393, 397-399(b) (Act). (Catalog of
Federal Domestic Assistance No. 11.550)
Bernadette McGuire-Rivera,
Associate Administrator, Office of Telecommunications and Information
Applications.
[FR Doc. 96-28772 Filed 11-7-96; 8:45 am]
BILLING CODE 3510-60-P