Public Telecommunications Facilities Program: Closing Date

AGENCY:

National Telecommunications and Information Administration (NTIA), Commerce.

ACTION:

Notice availability of funds.

SUMMARY:

Pursuant to the Consolidated Appropriations Act, 2004, 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). The PTFP assists, through matching grants, in the planning and construction of public telecommunications facilities in order to: (1) Extend delivery of services to as many citizens as possible by the most cost-effective means, including use of broadcast and non-broadcast technologies; (2) increase public telecommunications services and facilities available to, operated by, and controlled by minorities and women; (3) strengthen the capability of existing public television and radio stations to provide public telecommunications services to the public.

DATES:

Applications must be received prior to 6 p.m. eastern standard time, Wednesday, March 31, 2004. Applications submitted by facsimile or electronic means are not acceptable. 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 and Time, (2) significant weather delays or natural disasters, or (3) delays due to national security issues, NTIA will, upon receipt of proper documentation, consider the application as having been received by the deadline. NTIA will not accept applications posted on the Closing Date or later and received after the deadline.

ADDRESSES:

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, NW., Washington, DC 20230. Application materials may be obtained electronically via the Internet ( http://www.ntia.doc.gov/ptfp ).

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:

Electronic Access

The full funding opportunity announcement for the PTFP FY 2004 grant cycle is available on the NTIA Web site: http://www.ntia.doc.gov/ptfp , or by contacting the PTFP office at the address noted above. The full announcement is also available through http://www.Grants.gov.

Funding Availability

The Congress has appropriated $19.75 million for FY 2004 PTFP awards. For FY 2003, NTIA awarded $40.3 million in funds to 169 projects, including 68 radio awards, 90 television awards and 11 nonbroadcast awards. The radio awards ranged from $7,979 to $244,442. The television awards ranged from $42,344 to $1,790,935. The nonbroadcast awards ranged from $42,000 to $304,872.

Statutory and Regulatory Authority

The Public Telecommunications Facilities Program is authorized by the Communications Act of 1934, as amended, 47 U.S.C. 390-393, 397-399(b). The PTFP operates pursuant to Rules which were published on November 8, 1996 (61 FR 57966). Copies of the 1996 Rules (15 CFR part 2301) are posted on the NTIA Internet site at http://www.ntia.doc.gov/Rules/currentrules.htm and NTIA will make printed copies available to applicants upon request.

The following supplemental policies will also be in effect:

(A) Applicants may file emergency applications at any time.

(B) Applicants may file requests for FCC authorizations with the FCC after the PTFP Closing Date. Grant applicants for Ku-band satellite uplinks may submit FCC applications after a PTFP award is made. NTIA may accept FCC authorizations that are in the name of an organization other than the PTFP applicant.

(C) 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. PTFP applicants for distance learning projects must notify the state telecommunications agencies in the states in which they are located but are not required to notify every state telecommunications agency in a potential service area.

(D) NTIA will fund all television projects, other than for new service expansion, with a presumption of 40% Federal share. For digital television conversion projects, NTIA has created two new Subpriorities in the Broadcast Other category, will permit purchase of eligible equipment with local match funds after July 1, 1999, and will add three points to applications which request no more than a 25% Federal share.

(E) For digital radio conversion projects, NTIA has created a new Subpriority in the Broadcast Other category.

Catalog of Domestic Federal Assistance: 11.550, Public Telecommunications Facilities Program.

Eligibility

Eligible applicants must be: (a) A public or noncommercial educational broadcast station; (b) a noncommercial telecommunications entity; (c) a system of public telecommunications entities; (d) a non-profit foundation, corporation, institution, or association organized primarily for educational or cultural purposes; or (e) a state, local, or Indian tribal government (or agency thereof), or a political or special purpose subdivision of a state.

Evaluation and Selection Process

See 15 CFR 2301.16 for a description of the Technical Evaluation and 15 CFR 2301.18 for the Selection Process.

Evaluation Criteria

See 15 CFR 2301.17 for a full description of the Evaluation Criteria. The six evaluation criteria are (1) Applicant Qualifications, (2) Financial Qualifications, (3) Project Objectives, (4) Urgency, (5) Technical Qualifications (construction applicants only) or Planning Qualifications (planning applicants only), and (6) Special Consideration.

Funding Priorities and Selection Factors

See 15 CFR 2301.4 and the supplemental policies above for a description of the PTFP Priorities and 15 CFR 2301.18 for the Selection Factors.

Cost Sharing Requirements

PTFP requires cost sharing. By statute, PTFP cannot fund a Construction project for more than 75% of the eligible project costs. NTIA has established a policy of funding most new public broadcasting station activation projects at a 75% federal share, most other radio and nonbroadcast projects at a 50% federal share, and most other television projects at a 40% federal share. NTIA can fund Planning applications up to 100% of the eligible project costs, but has established a policy of funding Planning applications at a 75% share. Any applicant can request federal funding up to the statutory maximum and provide justification for the request.

Intergovernmental Review

PTFP applications are subject to Executive Order 12372, “Intergovernmental Review of Federal Programs,” if the state in which the applicant organization is located participates in the process. Usually submission to the State Single Point of Contact (SPOC) needs to be only the first two pages of the Application Form, but applicants should contact their own SPOC offices to find out about and comply with its requirements. The names and addresses of the SPOC offices are listed on the PTFP Web site and at the Office of Management and Budget's home page at http://www.whitehouse.gov/omb/grants/spoc.html.

Universal Identifier

All applicants (nonprofit, state, local government, universities, and tribal organizations) will be required to provide a Dun and Bradstreet Data Universal Numbering System (DUNS) number during the application process. See the October 30, 2002 (67 FR 66177) and April 8, 2003 (68 FR 17000) Federal Register notices for additional information. Organizations can receive a DUNS number at no cost by calling the dedicated toll-free DUNS Number request line 1-866-705-5711 or via the Internet ( http://www.dunandbradstreet.com ).

The Department of Commerce Pre-Award Notification Requirements for Grants and Cooperative Agreements

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), are applicable to this solicitation.

Limitation of Liability

In no event will the Department of Commerce be responsible for proposal preparation costs if this program fail to receive funding or is cancelled because of other agency priorities. Publication of this announcement does not oblige the agency to award any specific project or to obligate any available funds.

Paperwork Reduction Act

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.

Executive Order 12866

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

Executive Order 13132

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

Administrative Procedure Act/ Regulatory Flexibility Act

Prior notice and opportunity for public comment are not required by the Administrative Procedure Act or any other law for this notice concerning grants, benefits, and contracts (5 U.S.C. 553(a)). Because notice and opportunity for comment are not required pursuant to 5 U.S.C. 553 or any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are inapplicable. Therefore, a regulatory flexibility analysis has not been prepared.