H.R. 1, Sec. 6001. Broadband Technology Opportunities Program

The entire text of the American Recovery and Reinvestment Act of 2009 is available online from the Library of Congress (THOMAS). Section 6001, the portion which has the most pertinence to public library broadband, follows below:

H.R.1

American Recovery and Reinvestment Act of 2009 (Enrolled as Agreed to or Passed by Both House and Senate)

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SEC. 6001. BROADBAND TECHNOLOGY OPPORTUNITIES PROGRAM.

(a) The Assistant Secretary of Commerce for Communications and Information (Assistant Secretary), in consultation with the Federal Communications Commission (Commission), shall establish a national broadband service development and expansion program in conjunction with the technology opportunities program, which shall be referred to as the Broadband Technology Opportunities Program. The Assistant Secretary shall ensure that the program complements and enhances and does not conflict with other Federal broadband initiatives and programs.

(b) The purposes of the program are to--

(1) provide access to broadband service to consumers residing in unserved areas of the United States;

(2) provide improved access to broadband service to consumers residing in underserved areas of the United States;

(3) provide broadband education, awareness, training, access, equipment, and support to--

(A) schools, libraries, medical and healthcare providers, community colleges and other institutions of higher education, and other community support organizations and entities to facilitate greater use of broadband service by or through these organizations;

(B) organizations and agencies that provide outreach, access, equipment, and support services to facilitate greater use of broadband service by low-income, unemployed, aged, and otherwise vulnerable populations; and

(C) job-creating strategic facilities located within a State-designated economic zone, Economic Development District designated by the Department of Commerce, Renewal Community or Empowerment Zone designated by the Department of Housing and Urban Development, or Enterprise Community designated by the Department of Agriculture;

(4) improve access to, and use of, broadband service by public safety agencies; and

(5) stimulate the demand for broadband, economic growth, and job creation.

(c) The Assistant Secretary may consult a State, the District of Columbia, or territory or possession of the United States with respect to--

(1) the identification of areas described in subsection (b)(1) or (2) located in that State; and

(2) the allocation of grant funds within that State for projects in or affecting the State.

(d) The Assistant Secretary shall--

(1) establish and implement the grant program as expeditiously as practicable;

(2) ensure that all awards are made before the end of fiscal year 2010;

(3) seek such assurances as may be necessary or appropriate from grantees under the program that they will substantially complete projects supported by the program in accordance with project timelines, not to exceed 2 years following an award; and

(4) report on the status of the program to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, every 90 days.

(e) To be eligible for a grant under the program, an applicant shall--

(1)(A) be a State or political subdivision thereof, the District of Columbia, a territory or possession of the United States, an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450(b)) or native Hawaiian organization;

(B) a nonprofit--

(i) foundation,

(ii) corporation,

(iii) institution, or

(iv) association; or

(C) any other entity, including a broadband service or infrastructure provider, that the Assistant Secretary finds by rule to be in the public interest. In establishing such rule, the Assistant Secretary shall to the extent practicable promote the purposes of this section in a technologically neutral manner;

(2) submit an application, at such time, in such form, and containing such information as the Assistant Secretary may require;

(3) provide a detailed explanation of how any amount received under the program will be used to carry out the purposes of this section in an efficient and expeditious manner, including a showing that the project would not have been implemented during the grant period without Federal grant assistance;

(4) demonstrate, to the satisfaction of the Assistant Secretary, that it is capable of carrying out the project or function to which the application relates in a competent manner in compliance with all applicable Federal, State, and local laws;

(5) demonstrate, to the satisfaction of the Assistant Secretary, that it will appropriate (if the applicant is a State or local government agency) or otherwise unconditionally obligate, from non-Federal sources, funds required to meet the requirements of subsection (f);

(6) disclose to the Assistant Secretary the source and amount of other Federal or State funding sources from which the applicant receives, or has applied for, funding for activities or projects to which the application relates; and

(7) provide such assurances and procedures as the Assistant Secretary may require to ensure that grant funds are used and accounted for in an appropriate manner.

(f) The Federal share of any project may not exceed 80 percent, except that the Assistant Secretary may increase the Federal share of a project above 80 percent if--

(1) the applicant petitions the Assistant Secretary for a waiver; and

(2) the Assistant Secretary determines that the petition demonstrates financial need.

(g) The Assistant Secretary may make competitive grants under the program to--

(1) acquire equipment, instrumentation, networking capability, hardware and software, digital network technology, and infrastructure for broadband services;

(2) construct and deploy broadband service related infrastructure;

(3) ensure access to broadband service by community anchor institutions;

(4) facilitate access to broadband service by low-income, unemployed, aged, and otherwise vulnerable populations in order to provide educational and employment opportunities to members of such populations;

(5) construct and deploy broadband facilities that improve public safety broadband communications services; and

(6) undertake such other projects and activities as the Assistant Secretary finds to be consistent with the purposes for which the program is established.

(h) The Assistant Secretary, in awarding grants under this section, shall, to the extent practical--

(1) award not less than 1 grant in each State;

(2) consider whether an application to deploy infrastructure in an area--

(A) will, if approved, increase the affordability of, and subscribership to, service to the greatest population of users in the area;

(B) will, if approved, provide the greatest broadband speed possible to the greatest population of users in the area;

(C) will, if approved, enhance service for health care delivery, education, or children to the greatest population of users in the area; and

(D) will, if approved, not result in unjust enrichment as a result of support for non-recurring costs through another Federal program for service in the area; and

(3) consider whether the applicant is a socially and economically disadvantaged small business concern as defined under section 8(a) of the Small Business Act (15 U.S.C. 637).

(i) The Assistant Secretary--

(1) shall require any entity receiving a grant pursuant to this section to report quarterly, in a format specified by the Assistant Secretary, on such entity's use of the assistance and progress fulfilling the objectives for which such funds were granted, and the Assistant Secretary shall make these reports available to the public;

(2) may establish additional reporting and information requirements for any recipient of any assistance made available pursuant to this section;

(3) shall establish appropriate mechanisms to ensure appropriate use and compliance with all terms of any use of funds made available pursuant to this section;

(4) may, in addition to other authority under applicable law, deobligate awards to grantees that demonstrate an insufficient level of performance, or wasteful or fraudulent spending, as defined in advance by the Assistant Secretary, and award these funds competitively to new or existing applicants consistent with this section; and

(5) shall create and maintain a fully searchable database, accessible on the Internet at no cost to the public, that contains at least a list of each entity that has applied for a grant under this section, a description of each application, the status of each such application, the name of each entity receiving funds made available pursuant to this section, the purpose for which such entity is receiving such funds, each quarterly report submitted by the entity pursuant to this section, and such other information sufficient to allow the public to understand and monitor grants awarded under the program.

(j) Concurrent with the issuance of the Request for Proposal for grant applications pursuant to this section, the Assistant Secretary shall, in coordination with the Commission, publish the non-discrimination and network interconnection obligations that shall be contractual conditions of grants awarded under this section, including, at a minimum, adherence to the principles contained in the Commission's broadband policy statement (FCC 05-15, adopted August 5, 2005).

(k)(1) Not later than 1 year after the date of enactment of this section, the Commission shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, a report containing a national broadband plan.

(2) The national broadband plan required by this section shall seek to ensure that all people of the United States have access to broadband capability and shall establish benchmarks for meeting that goal. The plan shall also include--

(A) an analysis of the most effective and efficient mechanisms for ensuring broadband access by all people of the United States;

(B) a detailed strategy for achieving affordability of such service and maximum utilization of broadband infrastructure and service by the public;

(C) an evaluation of the status of deployment of broadband service, including progress of projects supported by the grants made pursuant to this section; and

(D) a plan for use of broadband infrastructure and services in advancing consumer welfare, civic participation, public safety and homeland security, community development, health care delivery, energy independence and efficiency, education, worker training, private sector investment, entrepreneurial activity, job creation and economic growth, and other national purposes.

(3) In developing the plan, the Commission shall have access to data provided to other Government agencies under the Broadband Data Improvement Act (47 U.S.C. 1301 note).

(l) The Assistant Secretary shall develop and maintain a comprehensive nationwide inventory map of existing broadband service capability and availability in the United States that depicts the geographic extent to which broadband service capability is deployed and available from a commercial provider or public provider throughout each State. Not later than 2 years after the date of the enactment of this Act, the Assistant Secretary shall make the broadband inventory map developed and maintained pursuant to this section accessible by the public on a World Wide Web site of the National Telecommunications and Information Administration in a form that is interactive and searchable.

(m) The Assistant Secretary shall have the authority to prescribe such rules as are necessary to carry out the purposes of this section.

General Information about ARRA Broadband Grants

The ALA has a good page for general information about the broadband provisions of the ARRA. The $7.2 billion set aside for broadband grants will be distributed by the National Telecommunications and Information Administration -- "NTIA" (Department of Commerce) and the Rural Utilities Service -- "RUS" (USDA). The ALA "Comparison of Application Requirements for NTIA and RUS" document is particularly good.

The NTIA will be distributing their grants under the title "Broadband Technology Opportunities Program." Among other things, this program will provide at least $200 million to upgrade technology and capacity at public computing centers, including community colleges and public libraries.

The RUS will be distributing stimulus broadband funds through their existing loan and grant programs. This may change as their program becomes more defined.

APPLYING for a Broadband Technology Opportunities Program (BTOP) Public Computer Center Grant

1. General Information
2. Before you start
3. Filling out the application

General Information

The NTIA has released $50 million of a $200 million earmark in the Recovery Act for expanding computer center capacity under their Broadband Technology Opportunities Program (BTOP). This is the first of three rounds of funding releases; applications for this first $50 million round of funds are due by 5:00 p.m. EDT on August 14, 2009.

The BTOP Public Computer Center (PCC) category is a good place for public libraries to get funds for expanding their public access computing resources, particularly by purchasing new computers. BTOP PCC funds can be used for:

1. acquiring broadband-related equipment, instrumentation, networking capability, hardware and software, and digital network technology for broadband services. This includes public access computers as well as:
   • computer software, such as word processors;
   • computer peripherals, such as mice and printers; and
   • computer maintenance and troubleshooting programs, such as systems guarding against computer viruses.

   Network equipment is generally provided by OPLIN to main libraries, but you might need something for branch locations.

2. developing and providing training, education, support and awareness programs or web-based resources. Job training programs and job-related instruction are eligible under this project category. Expenses associated with computer training workshops, digital literacy programs and web-based resources are also considered eligible costs, as is reasonable compensation for qualified instructors for these types of programs.


3. facilitating access to broadband services, including, but not limited to, making public computer centers accessible to people with disabilities.


4. undertaking such other projects and activities as NTIA finds to be consistent with the purposes for which the program is established. Presumably technical support for the equipment purchased under this grant could be included, but would have to be kept separate from any other library technical support costs.

Ohio public libraries are encouraged to submit applications in conjunction with the "Connect Ohio Community Technology Centers Program" application. This program would provide statewide public awareness campaigns, curriculum, trainers and trainer training, as well as some program oversight. Libraries can receive training and public awareness support for their applications by partnering with this statewide initiative, making their application stronger. The following information assumes that the library will take advantage of this partnership opportunity.

Before you start

You will need:

• your Employer Identification Number (EIN)


• a Dun and Bradstreet Data Universal Numbering System (DUNS) number for your library. If your library does not have a DUNS number, you can obtain one at no cost by calling the DUNS number request line at 1-866-705-5711 or via http://www.dunandbradstreet.com.


• a Central Contractor Registration (CCR) number (also known as a CAGE number). If your library does not have a current CCR (CAGE) number, you must register in the CCR system available at http://www.ccr.gov/StartRegistration.aspx. Allow AT LEAST 10 days for this process!


• a source for 20% matching funds (either cash and/or in-kind) for the project. The source(s) may be state, local, philanthropic organizations, economic development funds, and financial assistance programs. In-kind contributions which are shared-use with other library activities not directly related to this project will not be eligible unless you can clearly demonstrate the portion that will directly relate to the project. If you decide to request a waiver of the match, you will need to submit complete financial documentation, including assets, liabilities, operating expenses and revenues, and any other documents that would demonstrate financial need, such as denial of funding from a public or private lending institution.


• documentation demonstrating the need for the project. At the least you should have statistics showing the number of people who use (or want to use) your current public access computers, relating that to the number of available computers. Other useful data about broadband in your community can be found by going to http://connectohio.org/mapping_and_research/county_profiles/ and clicking on your county. Pay particular attention to the Census Block Level Broadband Data and the County Technology Assessment found there. Use the Interactive Map there to identify the census blocks you will be serving.


• a description of the type(s) of computers you intend to buy and the workstation software that will be installed on each.


• a detailed technology plan associated with your public computing center project. The plan should outline the major types of equipment and technology you will use and explain how you will maintain a reliable, secure, and user-friendly system.


• the resumes of library staff who will have significant management responsibilities or other responsibilities vital to the success of the project.


• a library organization chart that shows how the project team fits into the organization.


• a legal opinion, probably from your County Prosecutor, that verifies that you can enter into the grant. There is a "Legal Opinion" form in the application package that can be used for this.


• detailed organization financial statements for the last two years. A standard annual Income Statement, Balance Sheet and Statement of Cash Flows based on generally accepted accounting principles are preferable.


• a plan describing how the project will be sustained without federal grant assistance after the funding period has ended (2 years).


• the BTOP Grant Guidelines from http://broadbandusa.sc.egov.usda.gov/files/BTOP%20Grant%20Guidelines%20v1%200%20(July%2010).pdf


• the Public Computer Centers Application package from http://broadbandusa.sc.egov.usda.gov/download_app.htm

Filling out the application

The following remarks refeence the BTOP Grant Guidelines you downloaded, providing specific information for filling out some of the application questions. THESE REMARKS MAY BE EXPANDED IN THE NEAR FUTURE, so please check them again before you submit your application. The layout of the guidelines will differ somewhat from the layout of the online application form, but we'll follow the guidelines format because it is clearer. Start on page 61 of the guidelines.

Question 1-D: Eligible Entities

Check "Political subdivision of a State, including Local or County Government"

Questions 2a.: Project Title; and 2b.: Project Description

In order to associate your application with the statewide Connect Ohio application, your project title should be "Ohio Community Technology Centers Program: <your library name>" and your narrative should mention that the project is one component of the "Connect Ohio Community Technology Centers Program." For your reference, here is the text of Connect Ohio's Project Description:

Connect Ohio's Community Technology Center Program will enable increased capacity of community technology centers. The program will provide a statewide central registration portal, standardized curriculum, public awareness, trainer training and substitute resources, technology support resources and administrative oversight. This program will relieve the burden of administrative tasks from the community technology centers creating efficiency and enabling them to keep their focus on serving their constituents.

Question 8: Project Purpose

As you address the bullet points of this question, keep the following in mind:

• The "significance of the problem" is the need for public computing capacity to provide all citizens with the ability to access the Internet for job information and e-government resources.
• Regarding the five BTOP statutory purposes, your proposal addresses the third: "Provide broadband education, awareness, training, access, equipment, and support to community anchor institutions, job‐creating strategic facilities, and vulnerable populations."

Question 10: Enhanced Services for Health Care Delivery, Education, and Children

In addition to any health- or children-related uses of the equipment you request, be sure to mention that education in computer software will be provided through the "Connect Ohio Community Technology Centers Program."

Question 19: Outreach

Describe your local users, but explain that public awareness will be handled on a statewide level and refer to the "Connect Ohio Community Technology Centers Program" application.

Question 22: Training and Education Programs

Explain that you are going to be partnering with the "Connect Ohio Community Technology Centers Program" to provide a standardized, statewide training curriculum.

Question 27: Key Partners

Here is where you will explain the partnership with the "Connect Ohio Community Technology Centers Program." Connect Ohio is a non-profit, public-private partnership, working with technology-minded businesses, government entities and universities to accelerate technology in Ohio and close the digital divide. The program is the result of a partnership between the State of Ohio and Connected Nation, a national non- profit organization that specializes in increasing technology access and literacy. Connect Ohio has partnered with Ohio Library Council, the Ohio Public Library Information Network, State Library of Ohio, and the Ohio Board of Regents to start developing a standardized Community Technology Center Program. This program would include a statewide central registration portal, public awareness campaigns, technology support, curriculum, trainers and trainer training, as well as program oversight and limited assistance with facilities and equipment. It is the goal of this program to alleviate the administrative burdens thereby enabling increased capacity to community technology centers. Your library is one of many Ohio public libraries that will provide a stable, sustainable location for delivering this program.

Question 40: Buy American Requirement

You are not seeking a waiver but will be using the limited waiver granted by the Secretary of Agriculture and the Secretary of Commerce for "Broadband Customer Premises Equipment and End-User Devices."

Data on Broadband in Libraries

The Institute of Museum and Library Services (IMLS) has published a "Data Note," Libraries Use Broadband to Serve High Need Communities, which focuses on the role that public libraries play in providing access points to broadband services for people in urban and rural areas, and families in need. This is helpful information to have if you are preparing a grant proposal. To read the Data Note, please go to: http://www.imls.gov/pdf/DataNote2009_01.pdf.

Support Letter for Connect Ohio BTOP application

If you are going to participate in the statewide Public Computing Center Expansion Program being coordinated by Connect Ohio, the support letter template is attached below:

Ohio Response to NTIA call for comments

Attached below is a copy of the official State of Ohio response to the NTIA/RUS call for comments on the Broadband Technology Opportunity Program, sent to the federal government on April 13 by Samuel Orth, State Chief Information Officer.

GAO Review

The General Accounting Office (GAO) released a Report to Congressional Committees in November 2009 that provides an interesting assessment of the performance of NTIA and RUS in administering the broadband stimulus program to date.