Notice2023-04242
Digital Equity Act of 2021; Request for Comments
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 2, 2023
Issuing agencies
Commerce DepartmentNational Telecommunications and Information Administration
Abstract
The Infrastructure Investment and Jobs Act of 2021, also known (and referred to subsequently herein) as IIJA or the Bipartisan Infrastructure Law, includes a historic investment of $65 billion to help close the digital divide and ensure that everyone in America has access to affordable, reliable, high-speed internet service. The Department of Commerce's National Telecommunications and Information Administration (NTIA) is responsible for distributing more than $48 billion in Bipartisan Infrastructure Law funding through several different programs. NTIA is requesting comments on the $2.75 billion Digital Equity Act of 2021 Program, and on the design and implementation of two components of that grant program: the $1.44 billion State Digital Equity Capacity Grant Program and the $1.25 billion Digital Equity Competitive Grant Program. NTIA seeks broad input and feedback from all interested stakeholders across the nation, including Tribal entities, and has established multiple avenues for the public to offer input to bolster NTIA's work and to improve the number and quality of ideas under consideration as the agency develops Notices of Funding Opportunity for each of the Digital Equity Capacity Grant and Digital Equity Competitive Grant Programs to be implemented by NTIA pursuant to the Bipartisan Infrastructure Law. This includes a series of public virtual listening sessions which will be announced at a later date.
Full Text
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<title>Federal Register, Volume 88 Issue 41 (Thursday, March 2, 2023)</title>
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<body><pre>[Federal Register Volume 88, Number 41 (Thursday, March 2, 2023)]
[Notices]
[Pages 13101-13106]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04242]
[[Page 13101]]
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DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration
[Docket No.: 230224-0051]
RIN 0660-XC055
Digital Equity Act of 2021; Request for Comments
AGENCY: National Telecommunications and Information Administration,
U.S. Department of Commerce.
ACTION: Notice; request for comment.
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SUMMARY: The Infrastructure Investment and Jobs Act of 2021, also known
(and referred to subsequently herein) as IIJA or the Bipartisan
Infrastructure Law, includes a historic investment of $65 billion to
help close the digital divide and ensure that everyone in America has
access to affordable, reliable, high-speed internet service. The
Department of Commerce's National Telecommunications and Information
Administration (NTIA) is responsible for distributing more than $48
billion in Bipartisan Infrastructure Law funding through several
different programs. NTIA is requesting comments on the $2.75 billion
Digital Equity Act of 2021 Program, and on the design and
implementation of two components of that grant program: the $1.44
billion State Digital Equity Capacity Grant Program and the $1.25
billion Digital Equity Competitive Grant Program. NTIA seeks broad
input and feedback from all interested stakeholders across the nation,
including Tribal entities, and has established multiple avenues for the
public to offer input to bolster NTIA's work and to improve the number
and quality of ideas under consideration as the agency develops Notices
of Funding Opportunity for each of the Digital Equity Capacity Grant
and Digital Equity Competitive Grant Programs to be implemented by NTIA
pursuant to the Bipartisan Infrastructure Law. This includes a series
of public virtual listening sessions which will be announced at a later
date.
DATES: Submit written comments on or before 5 p.m. Eastern Standard
Time on May 1, 2023.
ADDRESSES: You may submit public comments on this action, identified by
<a href="http://Regulations.gov">Regulations.gov</a> docket number NTIA-2023-0002, by any of the following
means:
1. Using the federal e-Rulemaking Portal at <a href="http://www.regulations.gov">http://www.regulations.gov</a> (our preferred method). The docket established for
this opportunity to comment can be found at <a href="http://www.Regulations.gov">www.Regulations.gov</a>, NTIA-
2023-0002. Click the ``Comment Now!'' icon, complete the required
fields, and enter or attach your comments.
2. Sending email to <a href="/cdn-cgi/l/email-protection#a7c3cec0ced3c6cbc2d6d2ced3dee7c9d3cec689c0c8d1"><span class="__cf_email__" data-cfemail="03676a646a77626f6672766a777a436d776a622d646c75">[email protected]</span></a>. Include the docket
number NTIA-2023-0002 in the subject line of the message.
3. Mailing a printed submission to National Telecommunications and
Information Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Room 4878, Washington, DC 20230, Attention:
Digital Equity RFC.
Please submit your comments in only one of these ways to minimize
the receipt of duplicate submissions.
FOR FURTHER INFORMATION CONTACT: Please direct questions regarding this
Notice to <a href="/cdn-cgi/l/email-protection#e98d808e809d88858c989c809d90a9879d8088c78e869f"><span class="__cf_email__" data-cfemail="5e3a3739372a3f323b2f2b372a271e302a373f70393128">[email protected]</span></a>, indicating ``Notice and Request for
Comment'' in the subject line, or if by mail, addressed to Angela Thi
Bennett, National Telecommunications and Information Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; or by telephone: (202) 482-2048. Please direct media
inquiries to NTIA's Office of Public Affairs, <a href="/cdn-cgi/l/email-protection#c1b1b3a4b2b281afb5a8a0efa6aeb7"><span class="__cf_email__" data-cfemail="dbaba9bea8a89bb5afb2baf5bcb4ad">[email protected]</span></a> or (202)
482-7002.
SUPPLEMENTARY INFORMATION:
I. Background
Recognizing the internet's fundamental role in today's society and
its centrality to our nation's continued health and prosperity, the
Biden-Harris Administration will work to ensure that every community in
America has access to affordable, reliable, high-speed internet
service. On November 15, 2021, President Biden signed the
Infrastructure Investment and Jobs Act of 2021 into law, also known
(and referred to subsequently herein) as the Bipartisan Infrastructure
Law, which includes a historic investment of $65 billion to help close
the digital divide and ensure that everyone in America has access to
affordable, reliable, high-speed internet service. The National
Telecommunications and Information Administration (NTIA), is
responsible for distributing more than $48 billion in Bipartisan
Infrastructure Law funding through several different programs,
including the $2.75 billion Digital Equity Act of 2021 Program.
The COVID-19 pandemic highlighted what many have known for a very
long time: High-speed internet access is not a luxury, but a basic
necessity for all Americans. Since the pandemic, telehealth access and
use has expanded and the workplace is changing as more workers are
choosing to work from home. The Biden-Harris Administration supports
bringing affordable, high-speed, reliable internet service and the
resources necessary to realize its full potential to every household in
America. Passed on a bipartisan basis in both chambers of Congress, the
Infrastructure Investment and Jobs Act of 2021 (IIJA), Public Law 117-
58, 135 Stat. 429 (November 15, 2021), also known as the Bipartisan
Infrastructure Law, allocated $42.45 billion to create the Broadband,
Equity, Access and Deployment Program (BEAD), $1 billion to create the
Enabling Middle Mile Broadband Infrastructure Program, $2 billion to
help tribal communities expand high-speed internet access and adoption
on tribal lands, and $2.75 billion (through the Digital Equity Act of
2021 (Digital Equity Act), also passed as part of the IIJA) to advance
federal goals relating to digital equity \1\ and digital inclusion .\2\
These programs administered by NTIA are designed to work in tandem with
other high-speed internet programs, including the Affordable
Connectivity Program which provides up to $30 per month toward internet
service for qualifying households and up to $75 per month for
households on qualifying Tribal lands. With the passage of the
Bipartisan Infrastructure Law, Congress took a significant step forward
in achieving the Biden-Harris Administration's goal of ensuring that
all Americans not only have access to affordable, reliable, high-speed
internet but also the skills and resources needed for full
participation in the society and economy of the United States.
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\1\ Section 60302(10) of the IIJA defines ``digital equity'' as
``the condition in which individuals and communities have the
information technology capacity that is needed for full
participation in the society and economy of the United States.''
\2\ Section 60302(11) of the IIJA Law defines ``digital
inclusion'' as ``(A) . . . the activities that are necessary to
ensure that all individuals in the United States have access to, and
the use of, affordable information and communication technologies,
such a--(i) reliable fixed and wireless broadband internet service;
(ii) internet-enabled devices that meet the needs of the user; and
(iii) applications and online content designed to enable and
encourage self-sufficiency, participation, and collaboration; and
(B) includes--(i) obtaining access to digital literacy training;
(ii) the provision of quality technical support; and (iii) obtaining
basic awareness of measures to ensure online privacy and
cybersecurity.''
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This Notice is part of NTIA's strategy to engage with partners,
stakeholders, and most importantly, individuals with lived experiences
who faced challenges of having access to and/or the skills and devices
to fully utilize affordable, reliable, high-speed internet, to help
meet the President's goal to close the digital divide and transform the
lives of all Americans. This is America's
[[Page 13102]]
opportunity to harness the talents and strengths of all parts of our
country and remove systemic barriers and provide equal access to
opportunities and benefits, so that everyone has a chance to reach
their full potential. But in order to achieve this objective, we need
to hear from you. This Notice is your opportunity to inform how NTIA
designs a program that works to achieve this national and community
driven opportunity for change.
II. Objectives of This Notice
This Notice offers an opportunity for all interested parties to
provide vital input and recommendations for consideration in the
development of Digital Equity Act programs established by the
Bipartisan Infrastructure Law for implementation by NTIA.
This Notice seeks comment on two Bipartisan Infrastructure Law
grant programs to be administered by NTIA: the $1.44 billion State
Digital Equity Capacity Grant Program and the $1.25 billion Digital
Equity Competitive Grant Program. Along with the State Digital Equity
Planning Grant Program,\3\ these three Digital Equity Act programs
promote digital inclusion and equity to ensure that all individuals and
communities have the skills, technology, and capacity needed to reap
the full benefits of our digital economy.
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\3\ On May 13, 2022, NTIA released a Notice of Funding
Opportunity for the State Digital Equity Planning Grant Program.
States, territories or possessions, Indian Tribes, Alaska Native
entities, and Native Hawaiian organizations interested in
participating were required to apply or submit their letter of
intent by July 12, 2022. NTIA began releasing awards to States in
August 2022.
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III. Request for Comments
NTIA welcomes input on any of the matters set forth in this Request
for Comment that commenters believe are important to NTIA's
implementation efforts. Commenters are invited to provide input on the
full range of issues presented by this Notice and are encouraged to
address any or all of the following questions or to provide additional
information relevant to the implementation of the Bipartisan
Infrastructure Law's broadband programs. When responding to one or more
of the questions below, please note in the text of your response the
number of the question to which you are responding. Where applicable,
NTIA encourages commenters to provide specific, actionable proposals
and relevant fact-based information, along with the rationale for their
comments, including available examples of studies, measures, outcomes,
assessments, etc., and supporting information.
Responders should include a page number on each page of their
submissions. Please do not include in your comments information of a
confidential nature, such as sensitive personal information or
proprietary information. All comments received are a part of the public
record and will generally be posted to <a href="http://Regulations.gov">Regulations.gov</a> without change.
All personal identifying information (e.g., name, address) voluntarily
submitted by the commenter may be publicly accessible. Information
obtained as a result of this notice may be used by the federal
government for program planning on a non-attribution basis.
NTIA Seeks Public Comment on the Following Areas (Inclusive of 24
Questions):
Implementation of the Digital Equity Act of 2021
The Digital Equity Act dedicated $2.75 billion to establish three
grant programs: the $60 million State Digital Equity Planning Grant
Program (Planning Grant Program), the $1.44 billion State Digital
Equity Capacity Grant Program (Capacity Grant Program), and the $1.25
billion Competitive Digital Equity Program (Competitive Grant Program).
The combined goal of these programs is to promote the adoption and
meaningful use of the internet across the Covered Populations \4\ which
include (1) individuals who live in low-income households,\5\ (2) aging
individuals,\6\ (3) incarcerated individuals, other than individuals
who are incarcerated in a Federal correctional facility, (4)
veterans,\7\ (5) individuals with disabilities,\8\ (6) individuals with
a language barrier, including individuals who are English learners and
have low levels of literacy, (7) racial and ethnic minorities, and (8)
rural inhabitants.\9\
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\4\ Section 60302(1)(8) of the IIJA.
\5\ Section 60302(7) of the IIJA.
\6\ Section 60302(3) of the IIJA.
\7\ Section 60302(22) of the IIJA.
\8\ Section 60302(13) of the IIJA.
\9\ Section 60302(20) of the IIJA.
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The Bipartisan Infrastructure Law is not only a significant step
toward achieving the goal that every household in America has access to
affordable, reliable, high-speed internet; it also will meaningfully
address the fundamental economic, educational, social, and health-
related inequities in our country by giving everyone the skills and
tools they need to connect, particularly the members of our communities
who have previously been excluded until now. To achieve digital equity
for all Americans, the Biden-Harris Administration fosters the full
participation of those individuals who are members of the Covered
Populations.
State Digital Equity Planning Grant Program
Under the Planning Grant Program, NTIA made up to $60,000,000
available to award grants to the 50 states, the District of Columbia,
and Puerto Rico (collectively the ``States'') and Territories for the
purpose of developing State Digital Equity Plans within one year from
the date of funding. Through these Plans, each State and Territory
will, among other things, identify barriers to digital equity in each
State and strategies for overcoming those barriers. States that develop
State Digital Equity Plans will then be able to apply for funds from
the State Digital Equity Capacity Grant Program to implement those
plans.
A. Assessing State Digital Equity Plans Under the Digital Equity
Planning Grant Program
State Digital Equity Plans must include the following content: (1)
identification of the barriers to digital equity faced by Covered
Populations in the State; (2) measurable objectives for documenting and
promoting, among each Covered Population, the achievement of digital
equity in the minimum of five key areas; \10\ (3) an assessment of how
the measurable objectives for the Covered Populations will affect and
interact with the States' public health, workforce, economic, and
education outcomes \11\ and delivery of other essential services; (4) a
description of how the State plans to collaborate with key stakeholders
\12\ in the State;
[[Page 13103]]
and (5) a list of organizations with which the administering entity for
the State collaborated in developing and implementing the State Digital
Equity Plan.\13\ Organizations may include libraries, community anchor
institutions, and grass roots community-based organizations.
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\10\ Section 60304(c)(1)(B) of the IIJA sets forth the following
key areas: (i) the availability of, and affordability of access to,
fixed and wireless broadband technology; (ii) the online
accessibility and inclusivity of public resources and services;
(iii) digital literacy; (iv) awareness of, and the use of, measures
to secure the online privacy of, and cybersecurity with respect to,
an individual; and (v) the availability and affordability of
consumer devices and technical support for those devices.
\11\ Section 60304(c)(1)(C) of the IIJA sets forth the following
impact and interaction areas: (i) economic and workforce development
goals, plans and outcomes, (ii) educational outcomes, (iii) health
outcomes, and (iv) civic and social engagement, and (v) delivery of
other essential services.
\12\ Section 60304(c)(1)(D) sets forth the following key
stakeholders: (i) community anchor institutions, (ii) county and
municipal governments; (iii) local educational agencies; (iv) where
applicable, Indian Tribes, Alaska Native entities, or Native
Hawaiian organizations; (v) nonprofit organizations; (vi)
organizations that represent Covered Populations; (vii) civil rights
organizations; (viii) entities that carry out workforce development
programs; (ix) agencies of the State that are responsible for
administering or supervising adult education and literacy activities
in the State; (x) public housing authorities in the State; and (xi)
a partnership between any of the entities described in clauses (i)
through (x).
\13\ Section 60304(c)(1)(E) of the IIJA.
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To be awarded under the Capacity Grant Program, the States,
including the District of Columbia and Puerto Rico, must submit an
application that includes the State Digital Equity Plan funded through
the State Digital Equity Planning Grant Program. Before submitting an
application for the Capacity Grant Program, each State must make the
State Digital Equity Plan of the State available for public comment for
at least 30 days, consider all comments received during the comment
period, and make any changes to the State Digital Equity Plan that it
determines to be worthwhile. When submitting the application, the State
must include a description of how the State responded to the public
comments it received on the draft of the plan.\14\
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\14\ Section 60304(c)(2) of the IIJA.
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Question 1: During the public comment period for the States'
Digital Equity Plans, what guidance should NTIA and/or each State
provide to enable communities to review and provide actionable feedback
to States regarding their State Digital Equity Plans? What criteria/
factors/outcomes should communities focus on in their review? How can
NTIA ensure that States/Territories consult with Tribal entities about
how best to meet Tribal members' needs?
NTIA would like to learn from stakeholder experiences to inform the
development of technical assistance resources to support applicants'
efforts to identify successful project models, partnerships,
activities, and strategies that deliver impactful and sustainable
outcomes. In implementing the Bipartisan Infrastructure Law's programs,
NTIA will offer technical assistance to all applicants and prospective
sub-grantees. As a statutory requirement, these entities must evaluate
the impact of funding projects on Covered Populations from the
implementation of the Digital Equity Plans.
Question 2: Over the next year, NTIA will deliver technical
assistance for States and Territories to develop holistic, actionable,
and impactful State Digital Equity Plans. NTIA has created a Needs
Assessment Guide, Asset Mapping Guide, Digital Equity Plan Guidance,
Best Practices, Workforce Planning Guide, webinars, and other technical
assistance resources.\15\ What additional guidance/resources should
NTIA provide to States, Territories, and Tribal entities as they
develop their Digital Equity Plans? What additional guidance can NTIA
provide to help States and community organizations utilize other
federal tools to close the digital divide by increasing access and
reducing cost like the Affordable Connectivity Program? Individuals and
communities who are most impacted by the digital divide are in the best
position to help States, Territories, and Tribal entities understand
the inequities and how best to focus and scale local efforts. How can
individuals and communities provide feedback to States, Territories,
and Tribal entities to ensure their unique communities' needs are
solicited, considered, and reflected in the Digital Equity Plans?
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\15\ NTIA, Digital Equity Programs, BroadbandUSA, <a href="https://broadbandusa.ntia.doc.gov/resources/grant-programs/digital-equity-programs">https://broadbandusa.ntia.doc.gov/resources/grant-programs/digital-equity-programs</a>.
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B. State Digital Equity Capacity Grant Program
The State Digital Equity Capacity Grant Program is a $1.44 billion
formula grant program \16\ for States, Territories, Indian Tribes,
Alaska Native entities, and Native Hawaiian organizations. It will fund
an annual grant program, appropriating funds over government fiscal
years 2022-2026, in support of the implementation of the Digital Equity
Plans. The purpose of the Capacity Grant Program is to support the
implementation of Digital Equity Plans of those States, Territories,
and Tribal entities, including the digital inclusion activities to
achieve digital equity in those States, Territories, and Tribal
communities. Capacity Grant Program funds can be leveraged by combining
those funds with other funding, such as federal, state, local, and/or
philanthropic, to support the implementation of the Digital Equity
Plans. NTIA must submit to the appropriate committees of Congress, the
findings of evaluations of whether eligible States are meeting, or have
met, the stated goals of the Digital Equity Plans developed by the
States.\17\
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\16\ Section 60304(d)(3)(A) of the IIJA.
\17\ Section 60306(a) of the IIJA.
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Question 3: How should NTIA define success for the Capacity Grant
Program? What outcomes are most important to measure? How should NTIA
measure the success of the Capacity Grant Program, including measures
and methods?
Question 4: How should NTIA design the Capacity Grant Program to
ensure equity is achieved? Please explain. NTIA encourages stakeholders
to provide the rationale for their comments, including available
examples of studies, measures, outcomes, assessments and supporting
information.
Question 5: What criteria/factors should NTIA take into
consideration when assessing whether States, Territories, and Tribal
entities are meeting the stated goals of their Digital Equity Plans?
How should NTIA measure each Digital Equity Plan's progress in the
short-term (one year or less) and long-term (two or more years)?
Question 6: What reporting requirements should NTIA establish for
grantees to ensure that the voices of those most impacted by the
digital divide are reflected in the implementation and updates of the
Digital Equity Plans? What steps, if any, should NTIA take to monitor
and evaluate implementation practices? From a sustainability
perspective, what role can collaborations, partnerships, and coalitions
play? Please share examples of any existing impactful collaborations,
partnerships, and/or coalitions.
The Assistant Secretary is allowed to prescribe such rules as may
be necessary to carry out the Capacity Grant Program.\18\
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\18\ Section 60304(j) of the IIJA.
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Question 7: What rules, if any, should the Assistant Secretary
develop to ensure that digital equity is achieved in the Capacity Grant
Program?
C. Digital Equity Competitive Grant Program
The Digital Equity Competitive Grant Program is a $1.25 billion
program to award grants to support efforts to achieve digital equity,
promote digital inclusion activities, and spur greater adoption of
internet among Covered Populations. Eligible applicants include (1) a
political subdivision, agency or instrumentality of a State, including
an agency of a State that is responsible for administering or
supervising adult education and literacy activities, or for providing
public housing, in the State; (2) an Indian Tribe, an Alaska Native
entity, or a Native Hawaiian organization; (3) a foundation,
corporation, institution, or association that is a nonprofit entity and
not a school; (4) a community anchor institution, which includes a
library or a State library agency; (5) a local educational agency; (6)
an entity that carries out a workforce development
[[Page 13104]]
program; (7) a partnership between any of the entities described in the
foregoing (1)-(6); and (8) a partnership between an entity described in
the foregoing (1)-(6) and an entity that the Assistant Secretary, by
rule, determines to be in the public interest and is not a school.\19\
The term ''community anchor institution'' means a public school, a
public or multi-family housing authority, a library, a medical or
healthcare provider, a community college or other institution of higher
education, a State library agency, and any other nonprofit or
governmental community support organization.\20\ Entities that serve or
have served as the administering entity for a State or Territory under
the State Digital Equity Planning Grant and State Digital Equity
Capacity Grant Programs are ineligible applicants for the Competitive
Grant Program.
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\19\ Section 60305(b) of the IIJA.
\20\ Section 60302(6) of the IIJA.
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The purpose of the Competitive Grant Program is to: (1) develop and
implement digital inclusion activities that benefit the Covered
Populations; (2) facilitate the adoption of internet by Covered
Populations in order to provide educational and employment
opportunities to those Covered Populations; (3) implement training
programs for Covered Populations that cover basic, advance, and applied
skills or other workforce development programs; (4) make available
equipment, instrumentation, networking capability, hardware and
software, or digital network technology for broadband services to
Covered Populations at low or no cost; (5) construct, upgrade, expend,
or operate new or existing public access computing centers for Covered
Populations through community anchor institutions; and (6) undertake
any other project and activity that the Assistant Secretary finds to be
consistent with the purposes for which the Digital Equity Competitive
Program is established.\21\
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\21\ Section 60305(d)(2)(A) of the IIJA.
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Question 8: How should NTIA define success for the Competitive
Grant Program? What outcomes are most important to measure? How should
NTIA measure the success of the Competitive Grant Program, including
specific measures? Are the measures of success the same or different
from the Capacity Grant Program? If so, please elaborate.
Question 9: What kind of activities or projects should the Assistant
Secretary consider for inclusion in eligible projects and activities
for the Competitive Grant Program?
1. Competitive Program Rules
As discussed in section D of this Notice, the statutory language
for the Competitive Program lists several eligible entities. The
Assistant Secretary may also consider a partnership between an entity
in one of those groups and an entity that ``the Assistant Secretary, by
rule, determines to be in the public interest'' and that ``is not a
school.'' \22\
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\22\ Section 60305(b) of the IIJA.
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Question 10: What group or groups that are not already listed
should the Assistant Secretary consider to be eligible to apply for the
Competitive Grant Program?
The Assistant Secretary is allowed to prescribe such rules as may
be necessary to carry out obligations relating to the Competitive Grant
Program.\23\
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\23\ Section 60305(k) of the IIJA.
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Question 11: What rules, if any, should the Assistant Secretary
develop to ensure that digital equity is achieved in the Competitive
Grant Program?
2. Competitive Grant Program Scoring
NTIA has an interest in ensuring that the Bipartisan Infrastructure
Law is implemented in a way that promotes the efficient and effective
use of federal funds. NTIA endeavors to design the Competitive Grant
Program in a way in which those projects with the highest merit and
relevant impact receive funding.
In any competitive grant program, NTIA will establish a robust and
in-depth application review process, which will include a merit review
based on evaluation criteria (to be established in the NOFO) by subject
matter experts. Further, when deciding whether to make a particular
grant under the Competitive Grant Program, the Assistant Secretary
``shall, to the extent possible, consider whether an application shall,
if approved--increase internet access and the adoption of the internet
among Covered Populations to be served by the applicant and not result
in unjust enrichment, the comparative geographic diversity of the
application in relation to other eligible applications, and the extent
to which an application may duplicate or conflict with another
program.'' \24\ Examples of unjust enrichment may include profiting
from a Federal grant or artificially increasing the costs associated
with a Federal grant.
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\24\ Section 60305(d) of the IIJA.
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Question 12: How should NTIA design a scoring rubric system to
ensure that digital equity will be achieved in the Competitive Grant
Program? What factors, elements, and/or criteria should NTIA consider
to ensure that funding is equitably distributed to serve the Covered
Populations, e.g., by geography, covered population, project type,
etc.?
Question 13: Should NTIA use weighted scoring? \25\ If so, are
there specific evaluation criteria to which NTIA should provide more
weight or value in the evaluation criteria for the Competitive Grant
Program (i.e., place more weight on collaborations that support
building the capacity of local, community-based organizations that are
delivering meaningful and impactful services to the Covered
Populations, provide more than 10% of matching funds or resources, or
intend to provide project benefits to multiple communities or Covered
Populations)? NTIA encourages stakeholders to provide the rationale for
their comments, including available examples of studies, measures,
outcomes, assessments and supporting information.
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\25\ A weighted scoring model is used to rank and prioritize
criteria for evaluation by assigning a numeric value to each
criterion.
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Question 14: What additional weight, if any, should NTIA give to
proposed projects that align with the State, Territory, and/or Tribal
entity Digital Equity Plans?
D. Measuring for Success & Transformative Impact
The Bipartisan Infrastructure Law includes historic investments in
digital inclusion and digital equity. Applicants and grantees will need
to make important investment decisions with the aim that short-term
measures are planned with the intention to generate long-term,
sustainable, positive, and measurable social and economic impact. NTIA
is interested in identifying successful project models, partnerships,
activities, and strategies for digital equity projects that deliver
impact and sustainable outcomes.
Question 15: What are examples of past or current evidence-based or
evidence-informed digital equity and/or inclusion projects or other
relevant or similar projects that NTIA can showcase as a part of its
technical assistance efforts to support applicants in identifying
promising or evidence-based project models, partnerships, activities,
and strategies to consider, replicate, and leverage lessons learned as
applicable?
[[Page 13105]]
1. Program Measurement, Evaluation, and Reporting
Measurement and reporting outcomes to the public is critical to the
proper evaluation of Digital Equity Act programs. NTIA is required to
evaluate the efficacy of the efforts funded by grants under the
Capacity Grant Program.\26\ The Commerce Program Evaluation Policy
oversees how all evaluation conducted by (or funded by) the Department
of Commerce and its bureaus (including NTIA) should be executed.
Competitive Grant Program recipients are required to comply with
reporting and evaluation requirements and the Assistant Secretary must
establish various procedures and mechanisms to effectuate the Capacity
and Competitive Program's goals.\27\
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\26\ Section 60304(d)(3)(D)(iv) of the IIJA.
\27\ Section 60305(h) of the IIJA.
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Question 16: How should grantees define digital equity with respect
to each of the Covered Populations? What does success look like for
each of the Covered Populations? How should NTIA measure the effects of
access to and adoption of, and meaningful use of the internet for each
Covered Population? What examples of equity gap analysis and tools
should the Assistant Secretary consider when measuring outcomes as they
relate to each Covered Populations? To what extent should grantees
disaggregate data within each of the Covered Populations to reveal the
underlying trends and patterns? NTIA encourages stakeholders to provide
the rationale for their comments, including available examples of
studies, measures, outcomes, assessments and supporting information.
Question 17: What metrics and performance data infrastructure and
data governance strategies and tools are needed to create a vibrant
digital equity ecosystem (e.g., metrics, digital skills,
sustainability) to measure program effectiveness and effects for
Covered Populations? What publicly available datasets and tools should
NTIA and grantees (e.g., States, Territories, non-profits, develop)
enhance or support to benchmark and to track progress of grantee goals
and objectives?
Question 18: NTIA will require regular grantee performance and
progress reporting, e.g., semi-annually, project close out to monitor
grantee implementation of funded projects and capture metrics,
outcomes, and impact. How should NTIA measure grantees implementation
of such metric tracking? To what extent should NTIA require
standardized inputs, metrics, and measures in order to facilitate
nationwide insights?
2. Digital Equity Strategies, Tactics, and Success Measures for Covered
Populations
NTIA seeks to learn and understand what digital equity project
strategies, tactics, and success measures would be appropriate for the
Covered Populations listed in the Bipartisan Infrastructure Law. NTIA
understands that there is not a one-size-fits-all approach to the
spectrum of Covered Populations across the country, as communities and
Covered Populations' needs vary greatly. However, NTIA is interested in
learning and understanding the following for each Covered Population:
Question 19: For each of the Covered Populations, what are proven
strategies and tactics, projects or programs, with outcome-based
measures and impacts, that promote and achieve digital equity?
Question 20: Youth and young adults are members of each of the
Covered Populations except for Older Americans. The COVID-19 pandemic
had a devastating impact on academic achievement, physical and mental
health, and earning opportunities for our youth and young adults. How
can NTIA encourage and measure the effects of investments in our youth
and young adult?
Question 21: To ensure all learners (youth, adult, incarcerated,
etc.) have access to the opportunities that technology unlocks, how
should NTIA promote a baseline or fundamental standard for digital
literacy for all learners? What kind of baselines should NTIA's grant
programs strive to achieve and should the intended outcomes be based on
a type of standard which includes varying levels of digital skills,
such as pre-basic, basic, intermediate and advanced? If so, please
elaborate.
E. Ensuring That Equity Is Achieved in BEAD
Full participation in our twenty-first-century economy requires
that everyone in America has access to affordable, reliable, high-speed
internet service. Yet far too many live in a location where no service
is available, the speed or quality of the service available is
unreliable, or the options available are unaffordable. Under the BEAD
Program, States and Territories will engage with all relevant
stakeholders, including localities and those historically excluded
communities, to design and implement projects that most benefit those
groups from Underrepresented Communities. Successful execution of the
BEAD Program will lay critical groundwork for universal access,
affordability, equity, and adoption of the internet. It will also
create good-paying jobs (including for local workers), close
longstanding equity gaps, and improve the overall quality of life
across America.
In general, the ``Covered Populations'' under Digital Equity Grant
Programs are comparable to the ``Underrepresented Communities'' under
BEAD. Under BEAD, ``Underrepresented Communities'' refers to groups
that have been systematically denied a full opportunity to participate
in aspects of economic, social, and civic life, including but not
limited to: low-income households, aging individuals, incarcerated
individuals, veterans, persons of color, Indigenous and Native American
persons, members of ethnic and religious minorities, women, LGBTQI+
persons, persons with disabilities, persons with limited English
proficiency, persons who live in rural areas, and persons otherwise
adversely affected by persistent poverty or inequality.\28\
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\28\ Section (I)(C)(aa) of the BEAD Notice of Funding
Opportunity.
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Question 22: How can NTIA best ensure that States and Territories
that receive funding under BEAD and Digital Equity Programs are closely
aligning their planning efforts to close the equity gaps for all
Covered Populations? How can NTIA work with the States, Territories,
and their communities to promote the collective impact and outcomes
between BEAD's Five-Year Action Plan and States' Digital Equity Plans
to achieve equity for its Underrepresented Communities/Covered
Populations?
F. Ensure Workforce and Subcontracting Opportunities Are Inclusive of
Underrepresented Communities/Covered Populations
The goal of BEAD is to connect everyone in the country to
affordable, reliable, high-speed internet service. To meet the
workforce needs of BEAD, States and their subgrantees are required to
make appropriate investments in the development of a skilled, diverse
workforce for the high-paying jobs that will need to be filled. One of
the transformative objectives of the Bipartisan Infrastructure Law is
to ensure members of Underrepresented Communities, especially those
members of Underrepresented Communities who were most impacted by the
pandemic, have access to the good jobs that will be created in
connection with the historic internet investments. States and their
subgrantees must describe how they plan to create equitable entry
points to internet-related jobs; provide wrap-
[[Page 13106]]
around services \29\ to support workers to access and complete training
to attract, train, retain, or transition to meet local workforce needs;
and increase high-paying job opportunities. States and their
subgrantees should also understand the importance of their position,
not just as a recipient of federal funding, but also via the role they
play as the ``entrusted liaison'' on behalf of members of
Underrepresented Communities/Covered Populations. Their efforts will
ensure that individuals from Underrepresented Communities/Covered
Populations can access unlimited possibilities and opportunities in the
workforce.
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\29\ Wrap-around services or supportive services help
individuals, and especially those from underrepresented and
underserved groups, enroll in and successfully complete training.
These services include, but are not limited to, child and dependent
care, tools, work clothing, application fees and other costs of
apprenticeship or required pre-employment training, transportation
and travel (including lodging) to training and work sites, and
services aimed at helping to retain underrepresented groups such as
mentoring, tutoring, support groups, and peer networking.
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Additionally, a non-federal entity must take all necessary
affirmative steps to assure that minority businesses, women's business
enterprises, and Labor Surplus Area firms are contracted with when
possible.\30\
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\30\ 2 CFR 200.321.
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Question 23: How can NTIA encourage the design and implementation
of Digital Equity Programs to support and advance the economic mobility
of members of Underrepresented Communities/Covered Populations to
support BEAD implementation and broader economic outcomes (e.g.,
through new skills, upskilling, re-skilling, career pathways, and other
high-quality workforce development activities)?
Question 24: How can the BEAD and Digital Equity Programs support
and promote youth employment and skills building? What kind of
programs, projects, and partnerships--based on existing evidence--would
encourage and prepare youth to have the digital skills needed to be
workforce-ready, but also to enter internet and internet-related
careers?
Dated: February 24, 2023.
Stephanie Weiner,
Acting Chief Counsel, National Telecommunications and Information
Administration.
[FR Doc. 2023-04242 Filed 3-1-23; 8:45 am]
BILLING CODE 3510-60-P
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