Public Telecommunications Facilities Program: Closing Date

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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

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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

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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

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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