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View Federal Register Notice in pdf. Published in the Federal Register on March 5, 2003 (Vol. 68, No. 43, Part III, Pages 10610-10615). PLEASE NOTE: Though it is not intended or expected, should any discrepancy occur between the document here and that published in the Federal Register, the Federal Register publication controls. The Notice is being made available through the Internet solely as a means to facilitate the public's access to this document. DEPARTMENT OF COMMERCENational Telecommunications and Information Administration Docket No. 000410097-3041-07 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 Radio and Nonbroadcast Applications ______________________________________________________________________________ SUMMARY: Subject to the availability of fiscal year (FY) 2003 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 radio and nonbroadcast facilities under the Public Telecommunications Facilities Program (PTFP). DATE: Pursuant to 15 CFR §2301.8(b), the NTIA Administrator hereby establishes the following closing date for the filing of radio and nonbroadcast applications for PTFP grants. The closing date selected for the submission of all radio and nonbroadcast applications for FY 2003 is Friday, April 4, 2003. Applications must be received prior to 6 p.m. Friday, April 4, 2003. Applications submitted by facsimile or electronic means are not acceptable. ADDRESS: Application materials may be obtained electronically via the Internet (http://www.ntia.doc.gov/ptfp). To obtain a printed 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, N.W., 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 the Internet (http://www.ntia.doc.gov/ptfp). SUPPLEMENTARY INFORMATION:
NTIA announces that all radio and nonbroadcast applicants for matching grants under the PTFP must file their applications on or before 6 p.m., Friday, April 4, 2003. Issuance of grants is subject to the availability of FY 2003 funds. Congress has recently passed an appropriation of $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 radio and nonbroadcast applications submitted in response to this Notice as well as television broadcast applications submitted in response to the Notice of Closing Date published by NTIA on October 17, 2002. A second portion of the appropriation will be set aside to fund additional phases of multi-phase projects initially funded in FY 2000, FY 2001 and FY 2002. NTIA will shortly publish a Notice in the Federal Register indicating the funds set aside for each portion. In awarding grants, NTIA will strive to maintain an appropriate balance between traditional grants and those to stations converting to digital broadcasting. Information regarding radio projects is included in Section VI of this document and information regarding nonbroadcast projects is included in Section VII. The amount of any grants awarded by NTIA will vary, depending on the approved project. For FY 2002, NTIA awarded $3.15 million in funds to 52 radio projects and $1 million in funds to 4 nonbroadcast projects. The radio awards ranged from $15,073 to $220,568 and the nonbroadcast awards ranged from $75,000 to $404,047. All applicants must use the official application form for the FY 2003 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. The current application form is available on the Internet and will be provided to applicants as part of the application package upon request. The Public Telecommunications Facilities Program is authorized by the Communications Act of 1934, 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. 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 2003. 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 must ensure that the carrier will be able to guarantee delivery of the application by the Closing Date and Time. Applicants should
be aware that all material sent via the United States Postal Service (including "overnight" or "Express Mail") are subject to delivery delays due to increased mail
security procedures at the Department of Commerce. NTIA will not accept 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 §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 2003 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 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. Radio applicants whose applications were deferred
in FY 2002 will be mailed information regarding the reactivation of their applications. Applicants whose radio and nonbroadcast projects were deferred from FY 2002 should
carefully review Section VI. Radio Broadcasting, 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. NTIA will take great care to ensure that its funding of radio applications follows the directive of 47 U.S.C. §393(c) that "a substantial amount" of each year's PTFP funds should be awarded to public radio. For the FY 2003 grant round, the eligibility and priority of radio projects, eligibility of radio equipment, and the presumption of 50% funding for radio equipment replacement applications remain as they were in the FY 2002 grant round.
In response to recent changes in technology and in the Federal regulatory environment, NTIA is providing guidance on three issues of interest to potential radio applicants. Applicants for the following types of applications should read the appropriate sections on radio signal expansion, conversion to digital transmission, or Internet streaming. NTIA's highest priority is activation of public broadcasting facilities to provide a public broadcasting signal to unserved audiences. NTIA is prepared to fund new radio station projects as warranted by reviewers' evaluations and PTFP's financial resources. Activation of new radio stations has been delayed in recent years as the Federal Communications Commission (FCC) placed a "freeze" on new applications as it considers a large number of mutually exclusive applications for construction permits. VII. Distance Learning and Nonbroadcast Projects VIII. Television Broadcasting and Digital Conversion IX. Eligible and Ineligible Costs Eligible equipment for the FY 2003 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 2003 Grant Round is posted on the NTIA Internet site and printed copies are available from
PTFP. (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. See 15 CFR §2301.16 for a description of the Technical Evaluation and 15 CFR §2301.17 for the Evaluation Criteria. 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 Communications and Information, the NTIA
Administrator. 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 FY 2004 grant cycle. Applicants may reactivate their unsuccessful applications
pursuant to §2301.9 of the PTFP Rules. Unsuccessful applications not reactivated by the Closing Date of the next grant cycle will be destroyed. 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. 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 2002 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 2003 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. While the intent of this Notice is to address FY 2003 radio applications, applicants for radio or television projects may
submit applications resulting from catastrophic damage or emergency situations. For FY 2003 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 §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 §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 NTIA 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 §2301.1(a) and (c). FY 2003 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 2003 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. For the FY 2003 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 2003 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 to operate the uplink prior to the release of Federal funds. For FY 2003 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 2003 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 FCC, information about FCC filing procedures can be found on the Internet at: www.fcc.gov. 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 the Closing Date.
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). The Department of Commerce Pre-Award Notification of Requirements for Grants and Cooperative Agreements contained in the Federal Register notice of October 1, 2001 (66 FR 49917), as amended by the Federal Register notice published on October 30, 2002 (67 FR 66109), is applicable to this solicitation. It has been determined that this notice is a "not significant" rule under Executive Order 12866. 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
USC553(a), Regulatory Flexibility Analysis is not required and has not been prepared for this notice. 5 USC 601 et seq. Dr. Bernadette McGuire-Rivera |
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