[Federal Register Volume 77, Number 95 (Wednesday, May 16, 2012)]
[Notices]
[Pages 28857-28860]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11818]
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DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration
[Docket No: 120509050-1050-01]
RIN 0660-XC001
Development of the State and Local Implementation Grant Program
for the Nationwide Public Safety Broadband Network
AGENCY: National Telecommunications and Information Administration,
U.S. Department of Commerce.
ACTION: Request for Information.
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SUMMARY: The National Telecommunications and Information Administration
(NTIA) is issuing a Request for Information (RFI) seeking public
comment on various issues relating to the development of the State and
Local Implementation grant program, which NTIA must establish pursuant
to the Middle Class Tax Relief and Job Creation Act of 2012 to assist
state and local governments in planning for a single, nationwide
interoperable public safety broadband network. NTIA intends to use the
input from this process to inform the development of programmatic
requirements to govern the state and local planning grants program.
DATES: Comments must be received by June 15, 2012 at 5:00 p.m. Eastern
Daylight Time.
ADDRESSES: Comments may be submitted by email to SLIGP@ntia.doc.gov.
Comments submitted by email should be machine-searchable and should not
be copy-protected. Written comments also may be submitted by mail to:
National Telecommunications and Information Administration, U.S.
Department of Commerce, HCHB Room 4812, 1401 Constitution Avenue NW.,
Washington, DC 20230. Please note that all material sent via the U.S.
Postal Service (including Overnight or Express Mail) is subject to
delivery delays of up to two weeks due to mail security procedures.
Responders should include the name of the person or organization filing
the comment, as well as a page number, on each page of their
submissions. Paper submissions should also include an electronic
version on CD or DVD in .txt, .pdf, or Word format (please specify
version), which should be labeled with the name and organizational
affiliation of the filer and the name of the word processing program
used to create the document. All emails and comments received are a
part of the public record and will generally be posted to the NTIA Web
site (http://www.ntia.doc.gov) without change. All personally
identifying information (for example, name, address, etc.) voluntarily
submitted by the commenter may be publicly accessible. Do not submit
Confidential Business Information or otherwise sensitive or protected
information.
FOR FURTHER INFORMATION CONTACT: Laura M. Pettus, Communications
Program Specialist, Office of Telecommunications and Information
Applications, National Telecommunications and Information
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Room 4878, Washington, DC 20230; telephone: (202) 482-4509; email:
lpettus@ntia.doc.gov. Please direct media inquiries to NTIA's Office of
Public Affairs, (202) 482-7002.
SUPPLEMENTARY INFORMATION:
Background
On February 22, 2012, President Obama signed the Middle Class Tax
Relief and Job Creation Act of 2012 (Act).\1\ The Act meets a long-
standing priority of the Obama Administration to create a single,
nationwide interoperable public safety broadband network that will, for
the first time, allow police officers, fire fighters, emergency medical
service professionals, and other public
[[Page 28858]]
safety officials to communicate with each other across agencies and
jurisdictions. Public safety workers have long been hindered by
incompatible, and often outdated, communications equipment and this Act
will help them to do their jobs more safely and effectively.
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\1\ Middle Class Tax Relief and Job Creation Act of 2012, Public
Law 112-96, 126 Stat. 156 (2012) (Act).
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The Act establishes the First Responder Network Authority
(FirstNet) as an independent authority within NTIA and authorizes it to
take all actions necessary to ensure the design, construction, and
operation of a nationwide public safety broadband network (PSBN), based
on a single, national network architecture.\2\ FirstNet is responsible
for, at a minimum, ensuring nationwide standards for use and access of
the network; issuing open, transparent, and competitive requests for
proposals (RFPs) to build, operate and maintain the network;
leveraging, to the maximum extent economically desirable, existing
commercial wireless infrastructure to speed deployment of the network;
and overseeing contracts with non-federal entities to build, operate,
and maintain the network.
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\2\ Id. at Sec. 6206(b)(1).
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Additionally, the Act charges NTIA with establishing a grant
program to assist State, regional, tribal, and local jurisdictions with
identifying, planning, and implementing the most efficient and
effective means to use and integrate the infrastructure, equipment, and
other architecture associated with the nationwide PSBN to satisfy the
wireless and data services needs of their jurisdiction.\3\ Up to $135
million will be available to NTIA for the State and Local
Implementation grant program.\4\ NTIA must establish requirements for
this program not later than six months after the date of enactment
(i.e., August 22, 2012). The programmatic requirements for the State
and Local Implementation grant program must include, at a minimum, a
determination of the scope of eligible activities that will be funded,
a definition of eligible costs, and a method to prioritize grants for
activities that ensure coverage in rural as well as urban areas.\5\
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\3\ Id. at Sec. 6302(a).
\4\ Id. at Sec. 6301(c).
\5\ Id. at Sec. 6302(c).
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NTIA is requesting public comment on certain aspects of the Act's
provisions relating to the establishment of the State and Local
Implementation grant program.
Request for Comment
The Consultation Process
1. Section 6206(c)(2) of the Act directs FirstNet to consult with
regional, State, tribal, and local jurisdictions about the distribution
and expenditure of any amounts required to carry out the network
policies that it is charged with establishing. This section enumerates
several areas for consultation, including: (i) Construction of a core
network and any radio access network build-out; (ii) placement of
towers; (iii) coverage areas of the network, whether at the regional,
State, tribal, or local level; (iv) adequacy of hardening, security,
reliability, and resiliency requirements; (v) assignment of priority to
local users; (vi) assignment of priority and selection of entities
seeking access to or use of the nationwide public safety interoperable
broadband network; and (vii) training needs of local users. What steps
should States take to prepare to consult with FirstNet regarding these
issues?
a. What data should States compile for the consultation process
with FirstNet?
b. Should this activity be covered by the State and Local
Implementation grant program?
2. The Act requires that each State certify in its application for
grant funds that the State has designated a single officer or
governmental body to serve as the coordinator of implementation of the
grant funds.\6\
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\6\ Id. at Sec. 6302(d).
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a. Who might serve in the role as a single officer within the State
and will it or should it vary for each State?
b. Who might serve on the governmental body (e.g., public partners,
private partners, technical experts, Chief Information Officers, SWIC,
finance officials, or legal experts)?
c. How should the States plan to involve the local entities in the
State and Local Implementation grant program?
d. How should the States plan to involve the tribal entities in the
grant program?
e. What requirements should be included in the grant program to
ensure that local and tribal public safety entities are able to
participate in the planning process?
f. How should the State and Local Implementation grant program
ensure that all public safety disciplines (e.g., police, sheriffs,
fire, and EMS) have input into the State consultation process?
g. How should the State and Local Implementation grant program
define regional (e.g., interstate or intrastate) and how might the
grant program be structured to facilitate regional participation
through the States?
h. How should States plan to involve the Federal users and entities
located within their States in the grant program?
3. The Act contemplates that FirstNet will consult with States
regarding existing infrastructure within their boundaries, tower
placements, and network coverage, which FirstNet can use to develop the
requests for proposals called for by the Act. The States, however, will
need time and funding to collect the necessary information before they
are ready to consult with FirstNet.
a. Given these interrelated activities, how should the State and
Local Implementation grant program be used by States to assist in
gathering the information to consult with FirstNet?
b. Should consistent standards and processes be used by all States
to gather this information? If so, how should those policies and
standards be established? What should those policies and standards be?
c. What time period should NTIA consider for States to perform
activities allowed under the grant program as it relates to gathering
the information to consult with FirstNet?
Existing Public Safety Governance and Planning Authorities
4. Over the years, States have invested resources to conduct
planning and to create governance structures around interoperable
communications focused primarily on Land Mobile Radio (LMR) voice
communications, including the Statewide Interoperability Coordinators
(SWIC) and Statewide Interoperability Governing Bodies (SIGB), often
called Statewide Interoperability Executive Committees (SIEC).
a. What is the current role of these existing governance structures
in the planning and development of wireless public safety broadband
networks?
b. What actions have the States' governance structures (e.g., SWIC,
SIGB, or SIEC) taken to begin planning for the implementation of the
nationwide public safety broadband network?
c. Can these existing governance structures be used for the PSBN,
and if so, how might they need to change or evolve to handle issues
associated with broadband access through the Long Term Evolution (LTE)
technology platform?
d. What is or should be the role of the Statewide Communications
Interoperability Plans (SCIPs) in a State's planning efforts for the
nationwide public safety broadband network?
e. What actions do the States need to take to update the SCIPs to
include broadband?
[[Page 28859]]
f. Should the costs to change or evolve existing governance and
Statewide Plans be eligible in the new program?
g. Should the maintenance of those existing governance bodies and
plans be eligible in State and Local Implementation grant program?
Leveraging Existing Infrastructure
5. How should States and local jurisdictions best leverage their
existing infrastructure assets and resources for use and integration
with the nationwide public safety broadband network?
a. How should States and local jurisdictions plan to use and/or
determine the suitability of their existing infrastructure and
equipment for integration into the public safety broadband network?
b. What technical resources do States have available to assist with
deployment of the nationwide public safety broadband network?
c. How will States include utilities or other interested third
parties in their planning activities?
d. Should NTIA encourage planning for the formation and use of
public/private partnerships in the deployment of the nationwide public
safety broadband network? If so, how?
6. Section 6206(b)(1)(B) of the Act directs FirstNet to issue open,
transparent, and competitive requests for proposals (RFPs) to private
sector entities for the purposes of building, operating, and
maintaining the network. How can Federal, State, tribal, and local
infrastructure get incorporated into this model?
a. How would States plan for this integration?
b. Should States serve as clearinghouses or one-stop shops where
entities bidding to build and operate portions of the FirstNet network
can obtain access to resources such as towers and backhaul networks? If
so, what would be involved in setting up such clearinghouses?
c. Should setting up a clearinghouse be an eligible cost of the
grant program?
State and Local Implementation Grant Activities
7. What are some of the best practices, if any, from existing
telecommunications or public safety grant programs that NTIA should
consider adopting for the State and Local Implementation grant program?
8. What type of activities should be allowable under the State and
Local Implementation grant program?
9. What types of costs should be eligible for funding under the
State and Local Implementation grant program (e.g., personnel, planning
meetings, development/upgrades of plans, or assessments)?
a. Should data gathering on current broadband and mobile data
infrastructure be considered an allowable cost?
b. Should the State and Local Implementation grant program fund any
new positions at the State, local, or tribal level that may be needed
to support the work to plan for the nationwide public safety broadband
network? If so, what, if any, restrictions should NTIA consider placing
on the scope of hiring and the type of positions that may be funded
under the grant program?
10. What factors should NTIA consider in prioritizing grants for
activities that ensure coverage in rural as well as urban areas?
11. Are there best practices used in other telecommunications or
public safety grant programs to ensure investments in rural areas that
could be used in the State and Local Implementation grant program?
12. In 2009, NTIA launched the State Broadband Initiative (SBI)
grant program to facilitate the integration of broadband and
information technology into state and local economies.
a. Do States envision SBI state designated entities participating
or assisting this new State and Local Implementation grant program?
b. How can the SBI state designated entities work with States in
planning for the nationwide public safety broadband network?
13. What outcomes should be achieved by the State and Local
Implementation grant program?
a. Are there data that the States and local jurisdictions should
deliver to document the outcomes of the grant program?
b. If so, how should they be measured?
c. Who should collect this information and in what format?
d. What data already exist and what new data could be gathered as
part of the program?
14. The U.S. Department of Homeland Security's Office of Emergency
Communications (OEC) has developed the following tools through its
Technical Assistance Program available at http://www.publicsafetytools.info, including: (1) Mobile Data Usage and Survey
Tool--Survey process to document the current-state mobile data
environment, in preparation for a migration to LTE; (2) Statewide
Broadband Planning Tool--Template and support on Statewide strategic
broadband planning issues designed to serve as an addendum to the SCIP;
(3) Frequency Mapping Tool--Graphical tool to display FCC license
information and locations including cellular sites within a
jurisdiction; and (4) Communications Assets Survey and Mapping Tool
(CASM)--Data collection and analysis tool for existing land mobile
radio assets. Should States be encouraged to utilize tools and support
available from Federal programs such as those developed by OEC? Are
there other programs or tools that should be considered?
15. Do the States have a preferred methodology for NTIA to use to
distribute the grant funds available under the State and Local
Implementation grant program?
a. Should NTIA consider allocating the grant funds based on
population?
b. What other targeted allocation methods might be appropriate to
use?
c. Should NTIA consider phasing the distribution of grant funds in
the new program?
State Funding and Performance Requirements
16. What role, if any, should the States' Chief Information Officer
(CIO) or Chief Technology Officer (CTO) play in the State and Local
Implementation grant program and the required consultations with
FirstNet? How will these different positions interact and work with
public safety officials under the State and Local Implementation grant
program?
17. The Act requires that the Federal share of the cost of
activities carried out under the State and Local Implementation grant
program not exceed 80 percent and it gives the Assistant Secretary the
authority to waive the matching requirement, in whole or in part, if
good cause is shown and upon determining that the waiver is in the
public interest.\7\ As NTIA develops the State and Local Implementation
grant program, what are some of the factors it should consider
regarding States' ability to secure matching funds?
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\7\ Id. at Sec. 6302(b).
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18. What public interest factors should NTIA consider when weighing
whether to grant a waiver of the matching requirement of State and
Local Implementation grant program?
Other
19. Please provide comment on any other issues that NTIA should
consider in creating the State and Local Implementation grant program,
consistent with the Act's requirements.
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Dated: May 11, 2012.
Lawrence E. Strickling,
Assistant Secretary for Communications and Information.
[FR Doc. 2012-11818 Filed 5-15-12; 8:45 am]
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