[Federal Register Volume 61, Number 36 (Thursday, February 22, 1996)]
[Notices]
[Pages 6912-6916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3971]
[[Page 6911]]
_______________________________________________________________________
Part IV
Department of Commerce
_______________________________________________________________________
National Telecommunications and Information Administration
_______________________________________________________________________
Public Telecommunications Facilities Program: Closing Date; Notice
Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 /
Notices
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[[Page 6912]]
DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration
[Docket No. 960205021-6021-01]
Public Telecommunications Facilities Program: Closing Date
AGENCY: National Telecommunications and Information Administration
(NTIA), Commerce.
ACTION: Notice of closing date.
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SUMMARY: Subject to the authority of the continuing resolution (P.L.
104-99), 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). In order to make any awards this fiscal
year, it is necessary to begin the application process now.
Applicants for matching grants under the PTFP must file their
applications on or before Thursday, March 28, 1996. NTIA anticipates
making grant awards by September 30, 1996, provided that funding for
PTFP is continued beyond the March 15, 1996 expiration date of the
continuing resolution. This continuing resolution includes $15.5
million for the PTFP. Issuance of grants is subject to the availability
of FY 1996 funds. Further notice will be made in the Federal Register
about the final status of funding for this program at the appropriate
time. NTIA shall not be liable for any proposal preparation costs.
The amount of a grant award by NTIA will vary, depending on the
approved project. For fiscal year 1995, NTIA awarded $27.6 million in
funds to 142 projects. The awards ranged from $5,694 to $954,518.
The applicable Rules for the PTFP were published on November 22,
1991 and amended on December 22, 1995 (60 FR 66491). These rules,
codified at 15 CFR part 2301, will be in effect for FY 1996 PTFP
applications. Parties interested in applying for financial assistance
should refer to these rules and to the authorizing legislation (47
U.S.C. 390-393 and Pub. L. 104-99) for additional information on the
program's goals and objectives, eligibility criteria, evaluation
criteria, and other requirements.
DATES: Pursuant to 15 CFR 2301.5(c), 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 1996 is Thursday, March 28, 1996. Applications
delivered by mail or by hand must be delivered to the address
referenced below by 5 p.m. on or before Thursday, March 28, 1996.
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. 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 the Public Telecommunications Financing Act of 1978, as
amended (47 U.S.C. 390-393). 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 1995 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 March 28, 1996.
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 March 28,
1996. (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 March 28, 1996.
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;
(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
[[Page 6913]]
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.
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'' (CFR 2301.16(a)(4)).
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 1996 PTFP applications.
II. Documentation Concerning Discrimination Complaints
The NTIA Administrator is hereby extending a blanket waiver to all
PTFP FY 1996 applicants and grant recipients exempting them from the
requirements contained at 15 CFR 2301.5(d)(2)(xvii) and 2301.21(b)(1-2)
with regard to discrimination complaints. Based on its experience, NTIA
has found these requirements to be too burdensome and generally not
pertinent to the PTFP's selection criteria. This blanket waiver means
that FY 1996 PTFP applicants will not be required to provide a detailed
list and explanation of any complaints of discrimination currently
pending or decided against the applicant before any court or
governmental agency. Moreover, FY 1996 PTFP grant recipients, once
their projects are completed, will not be required to submit such
documentation on their Annual Status Reports; nor will recipients be
required to provide the special academic certification concerning their
admissions policies or their policies regarding the receiving or
providing of services. Applicants are reminded, however, that they are
still obligated to comply with the general Federal statutes relating to
nondiscrimination, as stated in 15 CFR 2301.22(b)(15) and in Assurance
No. 36 of the PTFP Application Form.
III. Eligible and Ineligible Costs
Eligible equipment for the 1996 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
[[Page 6914]]
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
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. Ineligible: Moving costs required by relocation
of transmitter or studio equipment.
(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 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 and sound
effects equipment, 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, telephones and 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. 2301.1.) 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, 56 FR 59172 (1991)).
(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 15 CFR Part 29a, Audit Requirements for State and Local
Governments, for recipients that are state or local governments; and 15
CFR Part 29b, Audit Requirements for Institutions of Higher Education
and Other Nonprofit Organizations, 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
[[Page 6915]]
Federal Government Auditing Standards.
Federal guidelines allow NTIA to include an amount for audit costs
as part of a grant award. NTIA policy permits non-profit organizations
to 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.
IV. Notice of Applications Received
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.
V. Evaluation Process
PTFP grants are awarded on the basis of a competitive review
process. The evaluation of the applications is based upon the
evaluation criteria provided in 15 CFR 2301.13 and 2301.14. The review
may include the following: an evaluation by PTFP staff; a technical
assessment by staff engineers using relevant evaluation criteria;
outside readers, all of whom have demonstrated expertise in either
public broadcasting or distance learning; and a rating by a national
advisory panel, composed of representatives of the major national
public radio and television organizations. The Agency shall consult, as
necessary, with interested Federal and state agencies or other
organizations.
VI. Special Consideration
In accordance with section 390 of the Act, one purpose of this
program is to ``increase public telecommunications services and
facilities available to, operated by, and owned by minorities and
women.'' Under section 392(f) of the Act, the Agency ``shall give
special consideration to applications which would increase minority and
women's ownership of, operation of, and participation in public
telecommunications.'' The Agency will accord special consideration only
where there is more than 50 percent (50%) ownership or control of a
telecommunications entity by minorities and/or women. The applicant
must establish ownership of or control of a public telecommunications
facility through the normal incidents of ownership, or by demonstrating
participation by minorities and/or women on the Board of Directors,
Executive Directors, governing body, management positions, or policy-
making positions.
The special consideration element is provided as one of several
funding criteria contained in the regulations, specifically, at 15 CFR
2301.13(e) for construction grants and 2301.14(c)(4) for planning
grants. Those applicants demonstrating substantial ownership of or
control of a public telecommunications entity by minorities and/or
women shall receive a higher rating for the above-cited special
consideration elements only.
VII. 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 ranks the applications into three
categories: ``Recommended for Funding,'' ``Recommended for Funding if
Funds Available,'' and ``Not Recommended for Funding.'' In ranking the
applications, the Director considers the following discretionary
selection factors:
the program staff evaluations, including the outside
reviewers;
the program's priorities and the special applications
category, as stated in the appendix to 15 CFR part 2301;
whether the application is for a broadcast or a
nonbroadcast project
the geographic distribution of the proposed grant awards;
and
the availability of funds.
The Director presents recommendations 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
(see 47 U.S.C. 390 and 15 CFR 2301.2). 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. When the negotiations are completed, the PTFP
Director recommends final selections to the NTIA Administrator applying
the same factors as listed above. 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 (see 47 U.S.C. 390 and 15 CFR 2301.2).
VIII. Policy on Sectarian Activities
Applicants are advised that on December 22, 1995, NTIA issued a
notice and an amendment to the PTFP regulations in the Federal Register
on its policy with regard to sectarian activities. Under NTIA's prior
policy, NTIA funds could not be used for any sectarian purposes. Under
the revised policy, while religious activities cannot be the essential
thrust of a grant, an application will not be ineligible where
sectarian activities are only incidental or attenuated to the overall
project purpose for which funding is requested. Applicants should read
the policy that was published at 60 FR 66491, Dec. 22, 1995, and that
will be included with the application materials.
IX. 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. 390-393 (Act).
[[Page 6916]]
(Catalog of Federal Domestic Assistance No. 11.550)
Bernadette McGuire-Rivera,
Associate Administrator, Office of Telecommunications and Information
Applications.
[FR Doc. 96-3971 Filed 2-21-96; 8:45 am]
BILLING CODE 3510-60-P
