[Federal Register Volume 66, Number 224 (Tuesday, November 20, 2001)]
[Notices]
[Pages 58301-58310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28906]



[[Page 58301]]

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Part IV





Department of Commerce





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National Telecommunications and Information Administration



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Public Telecommunications Facilities Program: Closing Date; Notice

Federal Register / Vol. 66, No. 224 / Tuesday, November 20, 2001 / 
Notices

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DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration

[Docket No. 000410097-1269-03]
RIN 0660-ZA11


Public Telecommunications Facilities Program: Closing Date

AGENCY: National Telecommunications and Information Administration 
(NTIA), Commerce.

ACTION: Notice of closing date for solicitation of applications.

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SUMMARY: Subject to the availability of FY 2002 funds, the National 
Telecommunications and Information Administration (NTIA), U.S. 
Department of Commerce, announces the solicitation of applications for 
planning and construction grants for public telecommunications 
facilities under the Public Telecommunications Facilities Program 
(PTFP).

DATES: Pursuant to 15 CFR 2301.8(b), the NTIA Administrator hereby 
establishes the closing date for the filing of applications for PTFP 
grants. The closing date selected for the submission of applications 
for FY 2002 is February 5, 2002. Applications must be received prior to 
7 p.m. February 5, 2002. Applications submitted by facsimile or 
electronic means are not acceptable.

ADDRESSES: To obtain an application package, submit completed 
applications, or send any other correspondence, write to: NTIA/PTFP, 
Room H-4625, U.S. Department of Commerce, 1401 Constitution Avenue, 
NW., Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT: William Cooperman, Director, Public 
Broadcasting Division, telephone: (202) 482-5802; fax: (202) 482-2156. 
Information about the PTFP can also be obtained electronically via 
Internet (http://www.ntia.doc.gov/ptfp).

SUPPLEMENTARY INFORMATION:

I. Closing Date

    Applicants for matching grants under the PTFP must file their 
applications on or before 7 p.m., Tuesday, February 5, 2002. Issuance 
of grants is subject to the availability of FY 2002 funds. At this 
time, the Congress is considering the President's request to 
appropriate $43.5 million for the PTFP. NTIA intends to divide the 
funds appropriated by the Congress into two parts. One portion of the 
appropriation will be set aside to fund applications submitted in 
response to this Notice. The remainder of the appropriation will be set 
aside to fund additional phases of multi-phase projects initially 
funded in FY 2000 and FY 2001. Further notice will be made in the 
Federal Register about the final status of funding for this program at 
the appropriate time. In awarding grants, NTIA will strive to maintain 
an appropriate balance between traditional grants and those to stations 
converting to digital broadcasting. Information regarding digital 
television Broadcast Other projects is included in Section VII of this 
document. Section VII also describes revisions of the PTFP Rules which 
will be applicable only for the 2002 Grant Round for applications in 
the Broadcast Other category. The amount of a grant award by NTIA will 
vary, depending on the approved project. For fiscal year 2001, NTIA 
awarded $42 million in funds to 105 projects. The awards ranged from 
$6,300 to $1,800,000.

II. Application Forms

    All applicants must use the official application form for the FY 
2002 grant cycle. This form expires on October 31, 2003, and no 
previous versions of the form may be used. Each page of the application 
form has the expiration date of 10/31/2003 printed on the bottom line. 
To apply for a PTFP grant, an applicant must file an original and five 
copies of a timely and complete application on the application form. 
Applicants for television projects are requested to supply one 
additional copy of their application (an original and six copies), if 
this does not create a hardship on the applicant. The current 
application form is available on the Internet and will be provided to 
applicants as part of the application package upon request.
    Notwithstanding any other provision of the 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 
requirements of the Paperwork Reduction Act (PRA), unless that 
collection displays a currently valid Office of Management and Budget 
(OMB) control number. The PTFP application form has been cleared under 
OMB control no. 0660-0003.

III. Authority

    The Public Telecommunications Facilities Program is authorized by 
The Public Telecommunications Financing Act of 1978, as amended, 47 
U.S.C. 390-393, 397-399(b).

IV. Catalog of Federal Domestic Assistance (CFDA)

    CFDA No. 11.550, Public Telecommunications Facilities Program.

V. Regulations

    The applicable Rules for the PTFP were published on November 8, 
1996 (61 FR 57966). In accordance with provisions provided in 15 CFR 
part 2301, section 2301.26, certain requirements of the PTFP are 
modified in this Notice for FY 2002. Copies of the 1996 Rules are 
posted on the NTIA Internet site and NTIA will make printed copies 
available to applicants upon request. Parties interested in applying 
for financial assistance should refer to these rules and to the 
authorizing legislation (47 U.S.C. 390-393, 397-399b) for additional 
information on the program's goals and objectives, eligibility 
criteria, evaluation criteria, and other requirements.
    Applicants sending applications by the United States Postal Service 
or commercial delivery services must ensure that the carrier will be 
able to guarantee delivery of the application by the Closing Date and 
Time. NTIA will not accept mail delivery of applications posted on the 
Closing Date or later and received after the above deadline. However, 
if an application is received after the Closing Date due to (1) carrier 
error, when the carrier accepted the package with a guarantee for 
delivery by the Closing Date, or (2) significant weather delays or 
natural disasters, NTIA will, upon receipt of proper documentation, 
consider the application as having been received by the deadline.
    Applicants submitting applications by hand delivery are notified 
that, due to security procedures in the Department of Commerce, all 
packages must be cleared by the Department's security office. Entrance 
to the Department of Commerce Building for security clearance is on the 
15th Street side of the building. Applicants whose applications are not 
received by the deadline are hereby notified that their applications 
will not be considered in the current grant round and will be returned 
to the applicant. See 15 CFR 2301.8(c); but see also 15 CFR 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 2301.3 or 2301.4. The 
Agency will inform the applicant of the reason for the return of any 
application.
    All persons and organizations on the PTFP's mailing list will be 
sent a notification of the FY 2002 Grant Round. Copies of the 
application forms, Final Rules, Closing Date notification and 
application guidelines will be available on the NTIA Internet site: 
www.ntia.doc.gov/ptfp. Those not on

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the mailing list or who desire a printed copy of these materials may 
obtain copies by contacting the PTFP at the telephone and fax numbers, 
at the Internet site, or at mailing address listed above. Prospective 
applicants should read the Final Rules carefully before submitting 
applications. Applicants whose applications were deferred in FY 2001 
will be mailed information regarding the reactivation of their 
applications. Applicants whose television projects were deferred from 
FY 2001 should carefully review Section VII. Television Broadcasting 
and Digital Conversion, regarding policies which apply to the 
reactivation of their applications.
    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.
    Special Note: NTIA has established a policy which is intended to 
encourage stations to increase from 25 percent to 50 percent 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 percent funding will be the 
general rule for the replacement, improvement or augmentation of 
equipment. (This 50 percent presumption, however, does not apply to 
television projects as explained in Section VII. Television 
Broadcasting and Digital Conversion.) A showing of extraordinary need 
(i.e. small community-licensee stations or 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) or an emergency situation will be taken into consideration 
as justification for grants of up to 75 percent of the total project 
cost for such projects.
    A point of clarification is in order: NTIA expects to continue 
funding projects to activate stations or to extend service at up to 75 
percent 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) modified 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 percent 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 percent 
of total project costs in cases of extraordinary need (e.g. small 
community group proposing to initiate new public telecommunication 
service).
    We 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 2301.6(c)(2)). 
NTIA intends to maintain that standard and to apply it on a case-by-
case basis.

VI. Radio Broadcasting

    For the FY 2002 grant round, NTIA is proposing no changes from 
prior years in its support of radio applications. The changes outlined 
in the next section of this document on Television Broadcasting and 
Digital Conversion apply only to digital television applications. The 
eligibility or priority of radio projects, eligibility of radio 
equipment and the 50% presumption of funding for radio equipment 
replacement applications remain as they were in the FY 2001 grant 
round. NTIA will take great care to ensure that its funding of radio 
applications reflects its responsibilities under 47 U.S.C. 393(c) that 
``a substantial amount'' of each year's PTFP funds should be awarded to 
public radio.
    NTIA encourages the use of digital technologies for public radio 
facilities. NTIA has funded projects for digital STLs and audio 
production equipment which will assist public radio stations as they 
prepare for conversion to digital technologies. These digital projects 
are funded as equipment replacement, improvement or augmentation 
projects with the presumption of a 50 percent Federal share as 
discussed earlier in Section V of this document, Regulations, unless a 
showing of extraordinary need for a higher percentage has been made 
pursuant to Sec. 2301.6(b)(ii) of the PTFP Rules.
    For fiscal year 2001, NTIA awarded $2.7 million in funds to 36 
grants for public radio projects. The awards ranged from $6,300 to 
$428,449.

VII. Television Broadcasting and Digital Conversion

    The FCC's adoption of the Fifth Report and Order in April 1997 
requires that all public television stations begin the broadcast of a 
digital signal by May 1, 2003. This deadline is so close that, last 
year, NTIA continued several new policies initially instituted in FY 
2000 regarding applications for projects to convert public television 
stations to digital transmission capability. NTIA believes that the 
policies worked well and resulted in receipt of 111 digital television 
conversion applications during FY 2001. These applications requested 
$96 million in FY 2001 funds and an additional $46 million for 
subsequent years of multi-year projects permitted by the new policies. 
Those policies are being continued for the FY 2002 Grant Round and are 
included in full in this document.
    NTIA recognizes that meeting the FCC's deadline is one of the 
greatest challenges facing America's public television stations. Over 
350 stations must overcome both technical and financial challenges in 
order to complete conversion to digital broadcasting within the FCC's 
timetable.
    In February, the Administration proposed an appropriation of $43.5 
million to the PTFP for FY 2002. This proposal is currently before the 
Congress. These funds would primarily be used to assist public 
television stations in meeting the FCC's deadline. While these sums are 
significant, NTIA anticipates that the majority of funds required to 
convert all the nation's public television stations will actually come 
from non-Federal sources.
    For fiscal year 2001, NTIA awarded $34.7 million in funds to 52 
projects which assisted public television stations in the conversion to 
digital technologies. The awards ranged from $121,600 to $1,800,000 to 
assist in the digital conversion of 76 public television stations.
    NTIA has considered how best to distribute digital conversion funds 
to public television stations through the PTFP. One of NTIA's goals 
during the

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FY 2002 grant round is to ensure that PTFP's administrative procedures 
as well as its funds can support public television's needs in meeting 
the FCC's deadline. Another of NTIA's goals is to maintain an 
acceptable balance between equipment replacement projects and digital 
television conversion projects. NTIA is continuing the following 
policies/procedures instituted during the FY 2000 grant cycle which 
will assist public television stations in the application for and use 
of PTFP funds for digital conversion projects.
    These policies/procedures are summarized here and then are 
discussed fully in parts A through G later in this section:
    (A) Digital television conversion projects and digital equipment 
replacement. NTIA has established a ``Digital TV List'' which includes 
the equipment eligible for PTFP funding under the Broadcast Other 
category. NTIA will also use the ``Digital TV List'' for most 
television equipment replacement projects and will modify the way it 
views television replacement applications.
    (B) Multi-year funding. NTIA will accept applications under the 
Broadcast Other category for phased projects requesting funding for up 
to three years and which are intended to enable all of the applicant's 
public television stations to meet the FCC's digital broadcasting 
deadline.
    (C) Effective date for expenditure of local matching funds. 
Applicants for digital conversion projects in the Broadcast Other 
category may include eligible equipment from the Digital TV List in 
their projects when that equipment is purchased with non-Federal funds 
after July 1, 1999.
    (D) Subpriorities for digital conversion projects. NTIA is creating 
three Subpriorities to aid in the processing of digital conversion 
applications.
    (E) Funding levels for television projects. NTIA has revised the 
presumption of funding from 50% Federal share for most television 
projects to 40%, has established simplified procedures so stations can 
qualify for hardship grants up to a 67% Federal share, and will provide 
incentives for applicants who request only 25% Federal funding.
    (F) Use of CPB funds. Applicants may use CPB funds as part of their 
local non-Federal match in cases of clear and compelling need.
    (G) Partnerships; urgency. NTIA encourages partnerships with 
commercial as well as noncommercial organizations and clarifies its 
consideration of urgency for digital conversion applications. NTIA 
believes that digital conversion applications should be afforded high 
urgency when they document time-sensitive partnerships, time-sensitive 
funding opportunities, or which include the replacement of equipment 
required to maintain existing service.
    NTIA intends to remain responsive to the equipment replacement 
needs of public television stations. NTIA's balancing of equipment 
replacement and digital conversion applications is discussed in the 
following sections.
    In order to assist public television stations in meeting the FCC's 
deadline and to facilitate a station's raising non-Federal matching 
funds required for digital conversion projects, NTIA is modifying its 
application procedures in the following areas.
    (A) Digital Television Conversion Projects and Digital Equipment 
Replacement. For FY 2002, NTIA will support the equipment necessary for 
a public television station to comply with the FCC's deadline. This 
includes equipment required for digital broadcast of programs produced 
locally in analog format as well as the broadcast of digital 
programming received from national sources. NTIA is posting on its 
Internet site a listing of transmission and distribution equipment (as 
contained in the ``Digital TV List'') which is eligible for PTFP 
digital television conversion funding. Printed copies of this list are 
also available from PTFP at the address shown in the Address section of 
this document. This list was developed in conjunction with the Public 
Broadcasting Service and is similar to equipment lists PTFP used during 
last year's grant round. The Digital TV List includes transmission 
equipment (transmitters, antennas, STLs, towers, etc.) as well as 
distribution equipment located in a station's master control (routing 
switchers, video servers, PSIP generators, digital encoders, etc.). 
Applications seeking funding for the equipment necessary to meet the 
FCC's deadline will be placed in the Broadcast Other category.
    NTIA believes that many stations must replace obsolete equipment in 
order to complete their digital conversion projects. NTIA is continuing 
its revised policies to permit the replacement of obsolete equipment as 
part of digital conversion projects. If the conversion to digital 
transmission includes the urgent replacement of an existing item of 
equipment, the application will be considered as a Broadcast Other, 
rather than as replacement under Priorities 2 or 4. Replacement of 
existing equipment then is a normal part of a digital conversion 
application.
    If the purpose of an application is just for replacement of 
urgently needed equipment, even though the equipment is drawn from the 
Digital TV List, the application will be classified as a Priority 2 or 
4, as appropriate.
    Any application which includes equipment replacement as a 
justification for the urgency criterion should submit documentation of 
downtime or other evidence in support of the urgency evaluation 
criterion as contained in Sec. 2301.17 of the PTFP Final Rules. The 
need to replace current equipment in order to maintain existing 
services will, in many cases, strengthen the urgency criterion of a 
digital conversion application.
    Because of the requirement that all public television stations 
begin digital broadcasts, all public television applications, whether 
submitted for Priority 2, Priority 4 or the Broadcast Other category, 
should include the station's comprehensive plan for digital conversion 
to meet the FCC's deadline and explain how the requested equipment is 
consistent with that plan. If the applicant is still developing its 
plan for digital conversion, the application should address how the 
requested equipment will be consistent with the overall objective of 
converting the facility for digital broadcasting. Failure to provide 
detailed information on the applicant's proposed or existing digital 
conversion plan will place a television application at a competitive 
disadvantage during the evaluation of the technical qualification 
criterion as described in 15 CFR 2301.17 of the PTFP Rules.
    NTIA calls applicants' attention to the fact that television 
production equipment is not included on the Digital TV List but will be 
found on other equipment lists posted on the NTIA Internet site or 
available from NTIA by mail. NTIA notes that while a television station 
must use digital transmission and distribution equipment to begin 
digital broadcasting, digital production equipment is not required to 
meet the FCC's deadline. As the FCC deadline approaches, NTIA has 
reluctantly concluded that, with the funds available to it in FY 2002, 
it cannot fund television production equipment at the same level as it 
has prior to the institution of these new digital conversion policies 
in FY 2000. Television production equipment will continue to be 
eligible for PTFP funding under Priority 2 and Priority 4, as 
appropriate. However, for the FY 2002 grant round NTIA will fund 
television production equipment replacement

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applications only for those projects that present a ``clear and 
compelling'' case for the urgency of such replacement. NTIA anticipates 
funding television production replacement projects in FY 2002, though 
fewer than before this change in policy.
    When making the final selection of awards under the procedures of 
Sec. 2301.17, NTIA will take care to ensure that there is an acceptable 
balance between projects awarded for equipment replacement projects and 
those awarded for digital conversion projects. Further, NTIA will 
consider as part of this balance those stations in the Broadcast Other 
category (1) which request digital conversion projects and (2) which 
also include elements of equipment replacement. NTIA will not fund 
applications in the Broadcast Other category requesting digital 
conversion to the exclusion of those Broadcast Other applications which 
include documentation supporting equipment replacement as part of their 
urgency justification. Further, in making funding decisions for FY 
2002, NTIA will limit its support of television replacement 
applications for production equipment to those applications which 
present a ``clear and compelling'' justification for funding during the 
current grant round.
    A complete listing of equipment eligible for funding during the FY 
2002 grant round is posted on the NTIA Internet site and printed copies 
are available from PTFP.
    (B) Multi-year funding. NTIA anticipates that it will take many 
public television licensees several years to complete their digital 
conversion projects. The time required to complete a digital conversion 
project will be determined by several factors. In some instances, it 
will take a station several years to raise the local funds required to 
complete the project. Even if a station has accumulated all the funds 
required for its digital conversion project, the technical complexity 
of some projects (such as the construction of a 1,000-foot tower) will 
probably require several years to complete. Finally, many public 
television licensees operate several stations and are, therefore, 
responsible for the conversion of multiple broadcast facilities.
    NTIA recognizes that the construction period for many of these 
digital conversion projects must, of necessity, be longer than the 
typical one to two years of the usual PTFP grant. Further, NTIA 
acknowledges that, with the funds available for award, the PTFP would 
be unable to fully fund more than a few of the digital conversion 
applications it could receive in FY 2002.
    Therefore, for FY 2002, the PTFP will accept construction 
applications within the Broadcast Other category for digital television 
conversion projects which propose multi-year funding. Because of the 
FCC's approaching deadline, NTIA encourages applicants for digital 
conversion projects to file multi-year applications. NTIA anticipates 
that, in the early years of a multi-year project, applicants will 
request dissemination equipment necessary to meet the FCC's digital 
transmission requirement. Applicants including non-dissemination 
equipment in FY 2002 as part of their multi-year application should 
justify their need.
    Applicants may submit project plans and budgets for up to three 
years. A multi-year application must contain the applicant's entire 
digital conversion plan. The plan must be divided into severable 
phases, with a budget request for each phase of the project. The 
application must identify the Federal funds requested for each phase. 
Only one phase of the project will be funded in any grant cycle. Once a 
project is approved, applicants will not be required to compete each 
year for funding of subsequent phases. Funding of subsequent phases 
will be at the sole discretion of the Department of Commerce and will 
depend on satisfactory performance by the recipient and the 
availability of funds to support the continuation of the project(s).
    Projections based on previous experience indicate availability of 
between $10 million and $20 million to support multi-year digital 
television projects in FY 2002. The exact level of funding available 
for multi-year awards will be determined by NTIA after a review of 
applications submitted for multi-year awards and those radio, 
television and distance learning applications requesting a regular 
award.
    NTIA believes that multi-year funding for digital television awards 
has significant benefits for both public television licensees and NTIA.
     Submission of a multi-year application particularly should 
help applicants which must convert multiple broadcast transmitters. 
NTIA understands that many stations have already begun to raise 
significant non-Federal funds with which they can begin to implement 
their digital conversion plans. Upon submission of a multi-year 
application, an applicant could begin spending its local match--at its 
own risk. An applicant, therefore, might be able to complete a portion 
of its digital conversion project using its local non-Federal funds for 
which Federal matching funds may not be available for several years. 
(For example, a future phase of a statewide project might be the 
conversion of two repeater stations; one might be constructed with 
available non-Federal funds, the second constructed if Federal funds 
are received). Applicants are cautioned, however, that while 
expenditure of the local match is permitted, PTFP Rules 
(Sec. 2301.6(d)) prohibit a grantee from obligating funds from the 
eventual Federal share of an award before a grant is actually awarded.
     NTIA believes that a multi-year award will reduce the 
administrative burden on both grantees and the PTFP. Grant recipients 
will submit only one application to cover the multiple years of their 
award, saving both the grantee and the PTFP the administrative tasks 
required to process applications during the annual grant round.
     Multi-year applications and awards will also assist both 
NTIA and public broadcasting licensees in the advance planning required 
to complete the conversion of almost 350 television facilities
     By issuing multi-year grants, NTIA would be able to fund 
the initial phases of more digital conversion projects with the monies 
available in FY 2002 than if PTFP funded fewer entire digital 
conversion plans.
    NTIA believes that multi-year funding through the Broadcast Other 
category also is appropriate for projects which include urgent 
replacement of equipment, since, as noted earlier, most television 
equipment replacement requests can be viewed as one phase of a 
station's conversion to digital broadcasting.
    Applications which are reactivated for the FY 2002 grant round must 
comply with the guidelines included in this notice, including the 
funding levels for television projects discussed later in this 
document.
    Applicants submitting projects for consideration under the 
Broadcast Other category have a choice and may request either multi-
year funding or a single grant. However, applications submitted for 
consideration under Priority 2 or Priority 4 may only request a single 
grant for a project, as in the past. NTIA anticipates that a majority 
of the television grants funded in FY 2002 will include multi-year 
projects.
    (C) Effective date for expenditure of local matching funds for 
digital conversion projects. NTIA recognizes that many public 
television stations have begun to raise significant non-Federal funds 
for their digital conversion projects. State or local governments may 
have appropriated

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funds to initiate digital conversion projects that, by local law, must 
be expended during the fiscal year in which they are awarded. Public 
television licensees that have raised significant non-Federal funds may 
desire to take advantage of unique opportunities (such as partnering 
with other stations to share broadcast antennas or towers). Some 
stations may be anxious to begin digital conversion projects with long 
lead times for completion, or may desire to begin digital broadcasting 
on the same timetable as commercial stations in their market. Within 
the limitations of Federal regulations, NTIA supports efforts 
undertaken by public television stations which bring the benefits of 
digital television broadcasting to their communities as quickly as 
possible.
    In order to facilitate the raising of non-Federal funds for digital 
television projects and to also permit stations to begin construction 
of their digital facilities as soon as possible, NTIA is revising 
section 2301.6(b)(2) of the PTFP Final Rules. This section states that 
``Inclusion of equipment purchased prior to the closing date will be 
considered on a case-by-case basis only when clear and compelling 
justification is provided to PTFP.''
    As NTIA has done for the past two grant rounds, for FY 2002, NTIA 
will modify this regulation. If eligible equipment for a Broadcast 
Other project was purchased with non-Federal funds after July 1, 1999, 
NTIA will permit the applicant to include this equipment in a PTFP 
application. This date was selected to coincide with the beginning of 
the 2000 fiscal year used by many state and local governments and was 
announced at the beginning of this digital television conversion 
initiative in the Notice of Availability of Funds for the FY 2000 PTFP 
grant cycle (64 FR 72225-72234). NTIA also anticipates that July 1, 
1999 will be the effective date in the FY 2003 and FY 2004 grant rounds 
for the expenditure of non-Federal funds for projects in the Broadcast 
Other category. Applicants who desire to use equipment purchased prior 
to July 1, 1999 as part of their local match must submit a ``clear and 
compelling justification'' supporting their request.
    (D) Subpriorities for Digital Conversion Projects. As almost 350 
public television stations are required to convert to digital 
broadcasting , NTIA anticipates a significant increase in the number of 
applications in the Broadcast Other category for digital conversion 
projects. In order to process these applications in an orderly manner 
and to provide guidance to potential applicants for the FY 2002 grant 
round, NTIA will divide the Broadcast Other category into three 
subpriorities; Broadcast Other-A; Broadcast Other-B, and Broadcast 
Other-C.
    These three divisions are intended to reflect the priorities NTIA 
has used in the evaluation of traditional broadcast applications and to 
place a premium on projects either to assist stations providing sole 
service, to encourage cooperative efforts among different stations, or 
to support licensees facing the requirement to convert multiple 
transmission facilities in several television markets. NTIA notes that 
in the past it has been able to fund applications each year in most if 
not all of the five traditional broadcast Priorities and anticipates 
that it will be able to fund applications in FY 2002 in most if not all 
of the subpriorities under the Broadcast Other category.
    NTIA will assign the following applications for conversion of 
public broadcasting facilities to advanced digital technologies at the 
first subpriority level within the Broadcast Other category. These 
applications will receive equal consideration as subpriority A.

--A single applicant providing the sole service in an area unserved by 
a digital public television signal. This reflects PTFP's funding 
priority for equipment replacement projects for sole service stations 
(PTFP Priority 2).

--Cooperative applications by two or more licensees for the first 
digital public television service to an area. This is intended to 
encourage cooperation and efficiencies among stations in overlap 
markets (as listed by CPB) in constructing digital facilities. It would 
provide stations in overlap markets the opportunity, if they work 
collaboratively, to be eligible for the highest priority in funding 
within this category.
--A statewide staged plan for the conversion of multiple stations, 
whether a state network, or other appropriate statewide organization, 
or a staged plan from a licensee with stations in several markets. This 
is intended to encourage licensees that must convert multiple stations 
and also to encourage groups of stations to work collaboratively in 
developing a digital conversion project.

    NTIA will assign the following applications for conversion of 
public broadcasting facilities to advanced digital technologies at the 
second subpriority level within the Broadcast Other category. These 
applications will receive equal consideration as subpriority B.

--An applicant in a multi-PTV station market providing first public 
television service in an area. An applicant in a multi-PTV station 
market who chooses to file separately, rather than in conjunction with 
another licensee in the same area, receives a second priority for 
funding.
--A cooperative application by two or more licensees in an area already 
served by a digital public television station. The application is given 
a priority over Broadcast Other--C to encourage efficiency and 
cooperation. Since this is not the first service in the area, it is 
given a second priority.

    NTIA will assign the following applications for conversion of 
public broadcasting facilities to advanced digital technologies at the 
third subpriority level within the Broadcast Other category. These 
applications will receive equal consideration as subpriority C.

--Individual applicants proposing a second digital public television 
service in an area already receiving a digital public television 
signal. This reflects PTFP's funding priority for equipment replacement 
applications in served areas (Priority 4).

--All other public television digital conversion applications.

    (E) Funding Levels for Television Projects. As noted earlier in 
Section V of this document, NTIA has published several policies 
regarding the presumed Federal share of a requested project. These 
policies are intended to aid applicants in the planning of their 
applications. The policy for PTFP support of equipment replacement 
applications has long been the presumption of a 50 percent Federal 
share, although applicants are permitted to submit justification for a 
Federal grant of up to 75 percent of project costs. Those policies are 
also contained in Sec. 2301.6(b) of the PTFP Final Rules.
    In reviewing the projected costs to convert all the public 
television stations in the country, NTIA has concluded that it cannot 
continue its 50 percent presumption of Federal funding for television 
equipment replacement or digital conversion projects. Furthermore, NTIA 
believes that many public television facilities will be unable to raise 
50 percent of the project costs. A significant number of stations may 
need Federal funding of 67 percent of a project's cost, or even up to 
the legal maximum of 75 percent of a project's cost, in order for them 
to meet the FCC's deadline.
    In order to ensure that sufficient Federal funds are available to 
support the conversion of the nation's public

[[Page 58307]]

television stations, NTIA is establishing a new policy regarding the 
presumed Federal funding level for television equipment. As noted 
earlier in this section, NTIA recognizes that equipment on the PTFP 
Digital TV List may be included in either Broadcast Other digital 
conversion applications or in Priority 2 or Priority 4 equipment 
replacement applications. In order to treat all applicants equitably, 
NTIA's new policy will be the presumption of a 40 percent Federal share 
of the eligible project costs for television equipment for digital 
conversion or equipment replacement, improvement or augmentation 
projects. This 40 percent presumption will apply whether the 
application requests consideration under the two equipment replacement 
priorities (Priority 2 or 4) or under the digital conversion category 
(Broadcast Other). As noted earlier, NTIA will fund the replacement of 
production equipment upon a showing of clear and compelling need. 
However, since the deadline for digital conversion is rapidly 
approaching and Federal funds are limited, NTIA will fund replacement 
of production equipment at the same level of Federal support as digital 
conversion or equipment replacement projects. The presumption of a 40 
percent Federal share will extend to all television projects to replace 
or upgrade equipment. However, because of the emphasis NTIA places on 
the extension of broadcast services to unserved areas, NTIA has 
retained the 75 percent level of Federal funding applications proposing 
new television facilities in Priority 1 (Sec. 2301.4(b)(1)).
    As already noted, NTIA recognizes that many small stations, 
primarily in rural areas, will be unable to raise even a 50 percent 
local share of the funds required for their PTFP projects. NTIA has 
long permitted stations to request more than the standard level of 
Federal support upon a showing of ``extraordinary need'' per 
Sec. 2301.6(b)(ii) of the PTFP Rules. NTIA will permit applicants to 
qualify for hardship funding and receive a 67 percent Federal share of 
their project costs. An applicant can qualify for 67% Federal funding 
by certifying that it is unable to match at least 60% of the eligible 
project costs, and either (a) by providing documentation that its 
average annual cash revenue for the previous four years is $2 million 
or less, or (b) by providing documentation that the eligible project 
costs are greater than the applicant's average annual cash revenue for 
the previous four years.
    In addition, NTIA will continue to permit any applicant to provide 
justification that it has an ``extraordinary need'' for Federal funding 
up to the legal limit of 75 percent of eligible project costs.
    In order to gather additional funds to award to stations which 
qualify under the hardship criteria, NTIA encourages financially able 
applicants to request a smaller share of Federal funds for digital 
equipment projects than the standard 40 percent. NTIA will add three 
additional points to the application evaluations from the independent 
review panel for applicants who request no more than 25 percent Federal 
funding. This provision will give extra credit to applications already 
highly reviewed, and, based on NTIA's previous experience, is often 
sufficient to move applications into the range for funding.
    However, when making the final selection of awards, NTIA will take 
care to ensure that there is an acceptable balance between projects 
awarded to stations requesting a 25 percent Federal share and those 
requesting a higher Federal share. NTIA will not fund applications 
requesting a 25 percent Federal share to the exclusion of applications 
meeting the hardship criteria or to the exclusion of those requesting 
the standard 40 percent Federal share.
    (F) Use of CPB funds. As discussed earlier in this document at the 
conclusion of Section V. Regulations, 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 2301.6(c)(2)). NTIA recognizes 
that it will be difficult for many public television stations to raise 
the funds required to meet the FCC's digital broadcasting deadline. 
Therefore, NTIA continues it past policy that applicants may submit 
justification under this section for the use of CPB funds as part of 
their local match. Any request for the use of CPB funds must be 
accompanied by a statement regarding any limitations that CPB has 
placed on the expenditure of those funds.
    (G) Partnerships, urgency. As discussed earlier in this section, 
part (D) on New Subpriorities, NTIA encourages efforts which promote 
efficiency within the public television system in order to save both 
current conversion costs and future operating costs. NTIA, therefore, 
also encourages public television stations to partner with commercial 
entities when this is in the best interests of the public station and 
the Federal government. In cases of public television partnerships with 
commercial entities, the PTFP project will be limited to the public 
television station's ownership share or use rights in the equipment. 
NTIA believes that such partnerships with commercial organizations 
comply with current PTFP regulations and PTFP has funded several 
projects for joint use of towers and broadcast antennas.
    The urgency of an application is one of the criteria under which 
all PTFP applications are evaluated. (The evaluation criteria are 
listed in Sec. 2301.17 of the PTFP Rules). NTIA suggests that there are 
at least three situations in which Broadcast Other applications may 
present high degrees of urgency. As we have just noted, applications 
containing proposals for joint use/ownership partnerships with other 
organizations may demonstrate a high urgency due to a time-sensitive 
opportunity. NTIA encourages these applicants to document the time-
sensitive nature of the partnership opportunity in their response to 
the urgency criterion.
    NTIA also recognizes that some applicants may be presented with 
time-sensitive funding opportunities and, therefore, encourages these 
applicants to document the time sensitive nature of these funding 
opportunities in their response to the urgency criterion. Finally, as 
already noted, NTIA expects that some applications will request urgent 
replacement of existing equipment as part of a Broadcast Other 
application. NTIA encourages such applicants to provide documentation 
of their need to replace their equipment during the current grant 
round. This documentation might include maintenance logs, letters from 
manufacturers, reports from independent engineers, photos etc.
    NTIA will instruct the panels evaluating the FY 2002 Broadcast 
Other applications that they should award the highest score under the 
urgency criterion to those applications which fully justify and 
document either (1) the time sensitive nature of partnerships, (2) the 
time sensitive nature of funding opportunities, or (3) the need for 
equipment replacements that must be accomplished during this grant 
round in order to maintain existing services.

VIII. Distance Learning Projects

    Since 1979, NTIA has funded nonbroadcast distance learning projects 
through the ``Special Applications'' category as established in 
Sec. 2301.4(a) of the PTFP Rules. In 1996, NTIA established a similar 
category for broadcast projects, ``Broadcast/Other'' in 
Sec. 2301.4(b)(6). NTIA encourages applications in either category for 
innovative or unique distance learning projects which address 
demonstrated and substantial community needs. For fiscal year 2001, 
NTIA awarded $1.4

[[Page 58308]]

million in funds to five grants for distance learning projects. The 
awards ranged from $34,560 to $549,715.
    The growth of digital technologies provides new opportunities for 
distance learning projects using both broadcast or nonbroadcast 
facilities. NTIA encourages applicants to consider the use of digital 
technologies in proposing unique or innovative distance learning 
projects for funding in FY 2002. Examples of innovative digital 
applications might include projects (1) which use broadband 
technologies for distance learning, (2) which distribute educational or 
informational programming via Direct Broadcast Satellite technologies, 
or (3) which use the multi-channel capabilities of a digital public 
television station. All distance learning applications must address 
substantial and demonstrated needs of the communities being served. 
NTIA is particularly interested in distance learning projects which 
benefit traditionally underserved audiences, such as projects serving 
minorities or people living in rural areas.
    As discussed in Section VII of this document, NTIA anticipates 
that, in FY 2002, it will receive numerous digital conversion 
applications in the Broadcast/Other category. NTIA recognizes that, due 
to the multi-channel capability of digital television, distance 
learning components may well be a part of a digital conversion 
application. NTIA will, therefore, consider such distance learning 
proposals under the subpriorities established in Section VII. If NTIA 
determines that a broadcast distance learning project is not part of a 
digital conversion application, NTIA will evaluate the application 
pursuant to Secs. 2301.4(b)(6) and 2301.17.
    The November 22, 1991, PTFP Policy Statement (56 FR 59168 (1991)) 
mentioned in the Application Forms and Regulations section 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 available to all PTFP applicants as part of the Guidelines 
for preparing FY 2002 PTFP applications.

IX. Eligible and Ineligible Costs

    Eligible equipment for the FY 2002 grant round includes the 
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.
    A complete listing of equipment eligible for funding during the FY 
2002 grant round is posted on the NTIA Internet site and printed copies 
are available from PTFP.

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 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 47 U.S.C. 392 (c). (b) 
Ineligible: Planning grant applications cannot include the cost of 
constructing or operating a telecommunications facility.
    (3) Audit Costs. Audits shall be performed in accordance with audit 
requirements contained in Office of Management and Budget Circular A-
133, Audits of States, Local Governments, and Non-Profit Organizations, 
revised June 30, 1997. OMB Circular A-133 requires that non-profit 
organizations, government agencies, Indian tribes and educational 
institutions expending $300,000 or more in federal funds during a one-
year period conduct a single audit in accordance with guidelines 
outlined in the circular. Applicants are reminded that other audits may 
be conducted by the Office of Inspector General.
    NTIA recognizes that most of its grant recipients are divisions of 
state and local governments or are public broadcasting facilities, all 
of which routinely conduct annual audits. In order to make the maximum 
amount of monies available for equipment purchases and planning 
activities, NTIA will, therefore, fund audit costs only in exceptional 
circumstances.

X. Notice of Applications Received

    In accordance with 15 CFR 2301.13, NTIA will publish a listing of 
all applications received by the Agency. The listing will be placed on 
the NTIA Internet site and NTIA also will make this information 
available by mail upon request. The address of the NTIA Internet site 
is: www.ntia.doc.gov/ptfp. Listing an application merely acknowledges 
receipt of an application to compete for funding with other 
applications. This listing 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 listing will also include a request for comments on 
the applications from any interested party.

XI. Evaluation Process

    See 15 CFR 2301.16 for a description of the Technical Evaluation 
and 15 CFR 2301.17 for the Evaluation Criteria.

XII. Selection Process

    Based upon the above cited evaluation criteria, the PTFP program 
staff prepares summary recommendations for the PTFP Director. These 
recommendations incorporate outside reviewers rankings and 
recommendations, engineering assessments, and input from the National 
Advisory Panel, State Single Point of Contacts and state 
telecommunications agencies. Staff recommendations also consider 
project impact, the cost/benefit of a project and whether review panels 
have consistently applied the evaluation criteria. The PTFP Director 
will consider the summary recommendations prepared by program staff, 
will recommend the funding order of the applications, and will present 
recommendations to the OTIA (Office of Telecommunications and 
Information Applications) Associate Administrator for review and 
approval of the recommended slate. The PTFP Director recommends the 
funding order for applications in three categories: ``Recommended for 
Funding,'' ``Recommended for Funding if Funds Available,'' and ``Not 
Recommended for Funding.'' See 15 CFR 2301.18 for a description of the 
selection factors retained by the Director, OTIA Associate 
Administrator, and the Assistant Secretary for Telecommunications and 
Information.

[[Page 58309]]

    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 for possible grant award 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 
set forth at 15 CFR 2301.1(a) and (c). Prior to award, applications may 
be negotiated between PTFP staff and the applicant to resolve whatever 
differences might exist between the original request and what PTFP 
proposes to fund. Some applications may be dropped from the proposed 
slate due to lack of FCC 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. The PTFP Director recommends final selections to the NTIA 
Administrator applying the same factors as listed in 15 CFR 2301.18. 
The Administrator then makes the final award selections 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 2301.1(a) and (c).

XIII. Disposition of Unsuccessful Applications

    PTFP will retain unsuccessful applications through the Closing Date 
of the next grant cycle. Applicants may reactivate their unsuccessful 
applications pursuant to Sec. 2301.9 of the PTFP Rules. Unsuccessful 
applications not reactivated by the Closing Date of the next grant 
cycle will be destroyed.

XIV. Project Period

    Planning grant award periods customarily do not exceed one year, 
whereas construction grant award periods for grants in the five 
broadcast Priorities and nonbroadcast Special Applications category 
commonly range from one to two years. Phases of multi-year construction 
projects funded in the Broadcast Other category would commonly be 
awarded for a one to two year period with the expectation that 
subsequent phases would be funded dependent on the availability of 
Federal funds. 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.

XV. NTIA Policies on Procedural Matters

    Based upon NTIA's experience during the PTFP 2000 grant round, NTIA 
has determined that it is in the best interest of NTIA and applicants 
to continue recent policies regarding three procedural matters. The 
following policies are applicable only to the FY 2002 PTFP grant round 
and resulting awards.

Applications Resulting From Catastrophic Damage or Emergency 
Situations.

    Section 2301.10 provides for submission of applications resulting 
from catastrophic damage or emergency situations. NTIA would like to 
clarify its implementation of this provision.
    For FY 2002 PTFP applicants, when an eligible broadcast applicant 
suffers catastrophic damage to the basic equipment essential to its 
continued operation as a result of a natural or manmade disaster, or as 
the result of significant equipment failure, and is in dire need of 
assistance in funding replacement of the damaged equipment, it may file 
an emergency application for PTFP funding at any time. NTIA limits this 
request to equipment essential to a station's continued operation such 
as transmitters, towers, antennas, STLs or similar equipment which, if 
the equipment failed, would result in a complete loss of service to the 
community.
    When submitting an emergency application, the applicant should 
describe the circumstances that prompt the request and should provide 
appropriate supporting documentation. NTIA requires that applicants 
claiming significant failure of equipment will document the 
circumstances of the equipment failure and demonstrate that the 
equipment has been maintained in accordance with standard broadcast 
engineering practices.
    NTIA will grant an award only if it determines that (1) the 
emergency satisfies this policy, and (2) the applicant either carried 
adequate insurance or had acceptable self-insurance coverage.
    Applications filed and accepted for emergency applications must 
contain all of the information required by the Agency application 
materials and must be submitted in the number of copies specified by 
the Agency.
    NTIA will evaluate the application according to the evaluation 
criteria set forth in Sec. 2301.17(b). The PTFP Director takes into 
account program staff evaluations (including the outside reviewers) the 
availability of funds, the type of project and broadcast priorities set 
forth at Sec. 2301.4(b), and whether the applicant has any current NTIA 
grants. The Director presents recommendations to the Office of 
Telecommunications and Information Applications (OTIA) Associate 
Administrator for review and approval. Upon approval by the OTIA 
Associate Administrator, the Director's recommendation will be 
presented to the Selecting Official, the NTIA Administrator. The 
Administrator makes final award selections taking into consideration 
the Director's recommendation and the degree to which the application 
fulfills the requirements for an emergency award and satisfies the 
program's stated purposes set forth at Sec. 2301.1(a) and (c).

Service of Applications

    FY 2002 PTFP applicants are not required to submit copies of their 
PTFP applications to the FCC, nor are they required to submit copies of 
the FCC transmittal cover letters as part of their PTFP applications. 
NTIA routinely notifies the FCC of projects submitted for funding which 
require FCC authorizations.
    FY 2002 PTFP applicants for distance learning projects are not 
required to notify every state telecommunications agency in a potential 
service area. Many distance learning applications propose projects 
which are nationwide in nature. NTIA, therefore, believes that the 
requirement to provide a summary copy of the application in every state 
telecommunications agency in a potential service area is unduly 
burdensome to applicants. NTIA, however, does expect that distance 
learning applicants will notify the state telecommunications agencies 
in the states in which they are located.

Federal Communications Commission Authorizations

    For the FY 2002 PTFP grant round, applicants may submit 
applications to the FCC after the closing date, but do so at their own 
risk. Applicants are urged to submit their FCC applications with as 
much time before the PTFP closing date as possible. No grant will be 
awarded for a project requiring FCC authorization until confirmation 
has been received by NTIA from the FCC that the necessary authorization 
will be issued.
    For FY 2002 PTFP applications, since there is no potential for 
terrestrial interference with Ku-band satellite uplinks, grant 
applicants for Ku-band satellite uplinks may submit FCC applications 
after a PTFP award is made. Grant recipients for Ku-band satellite 
uplinks will be required to document receipt of FCC authorizations

[[Page 58310]]

to operate the uplink prior to the release of Federal funds.
    For FY 2002 PTFP applications, NTIA may accept FCC authorizations 
that are in the name of an organization other than the PTFP applicant 
in certain circumstances. Applicants requiring the use of FCC 
authorizations issued to another organization should discuss in the 
application Program Narrative why the FCC authorization must be in the 
other organization's name. NTIA believes that such circumstances will 
be rare and, in its experience, are usually limited to authorizations 
such as those for microwave interconnections or satellite uplinks.
    As noted above, for FY 2002 PTFP applications, NTIA does not 
require that the FCC applications be filed by the closing date. While 
NTIA is permitting submission of FCC applications after the closing 
date, applicants are reminded that they must continue to provide copies 
of FCC applications, as they were filed or will be filed, or equivalent 
engineering data, in the PTFP application so NTIA can properly evaluate 
the equipment request. These include applications for permits, 
construction permits and licenses already received for (1) construction 
of broadcast station, (including a digital broadcasting facility) or 
translator, (2) microwave facilities, (3) ITFS authorizations, (4) SCA 
authorizations, and (5) requests for extensions of time.
    For those applicants whose projects require authorization by the 
Federal Communications Commission (FCC), NTIA reminds applicants that 
the mailing address for the Federal Communications Commission has 
changed to: 445 12th St. SW, Washington DC 20554.

XVI. Intergovernmental Review

    Applicants should note that they must continue to 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 5, 2002. Applicants are encouraged to contact the appropriate 
SPOC well before their PTFP closing date. A listing of the state SPOC 
offices may be found with the PTFP application materials at the NTIA 
Internet site. A list of the SPOC offices is available from NTIA (see 
the Address section above).

XVII. Other Requirements

    The Department of Commerce Pre-Award Notification Requirements for 
Grants and Cooperative Agreements contained in the Federal Register 
notice of October 1, 2001 (66 FR 49917), are applicable to this 
solicitation, unless stated otherwise in this notice.

XVIII. Executive Order 12866

    It has been determined that this notice is a ``not significant'' 
rule under Executive Order 12866.

XIX. Executive Order 13132

    It has been determined that this notice does not contain policies 
with Federalism implications as that term is defined in EO 13132.

XX. Regulatory Flexibility Analysis

    Because notice and comment are not required under 5 USC 553, or any 
other law, for this notice related to public property, loans, grants, 
benefits or contracts, 5 USC 553(a), Regulatory Flexibility Analysis is 
not required and has not been prepared for this notice. 5 USC 601 et 
seq.

Dr. Bernadette McGuire-Rivera,
Associate Administrator, Office of Telecommunications and Information 
Applications.
[FR Doc. 01-28906 Filed 11-19-01; 8:45 am]
BILLING CODE 3510-60-P