NBEAD FAQs
Download a PDF of the NBEAD FAQs here.
Questions will be answered below within four business days of receipt*.
*Please note that for questions submitted within four days of the OA or PA due date, an answer may not be available before the OA or PA must be submitted.
To avoid any actual or perceived collusion, fraud, or abuse, NBO representatives will not respond to questions outside of this process, nor will any inadvertent answers be binding on NBO.
In no case shall verbal communications override written communications. Only written answers posted to the NBEAD FAQ’s document at NBO’s website, https://broadband.nebraska.gov/nbead/nbead-faqs/, will be binding on NBO. Attempts to circumvent this process may result in disqualification from NBEAD funding.
Last updated: 2/10/2025
Q: When is an Environmental Impact Statement required?
A: An Environmental Impact Statement (EIS) is required whenever a project has the potential to significantly impact to the environment. NBO will review completed environmental documentation to determine the NEPA review level, considering these factors:
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- Context: How severe the impact is within local, regional, or national settings. For instance, losing a small wetland in an area with many wetlands may be less significant than in a region with few.
- Intensity: This refers to the severity of the environmental impact and includes:
- Adverse Impacts: Whether the action will have adverse effects on public health and safety, or sensitive ecosystems.
- Duration and Magnitude: The length of time that the impact would persist and the degree of environmental harm.
- Unique or Sensitive Resources: Whether the action will affect unique geographical or archeological sites, or habitats for endangered or threatened species.
- Cumulative Impacts: The combined effect of the project and other past, present or future actions, even if each impact is small individually.
- Degree of Controversy: Highly controversial projects may need a more detailed analysis.
- Impact on Social and Economic Conditions: Environmental changes often have a ripple effect on community health, property values, and other social or economic factors. For example, air quality issues can lead to decreased property values or respiratory problems. These effects are often considered when evaluating the impacts of an action.
No waivers will be given to applicants to circumvent the environmental review/NEPA process. However, NBO suggests applicants review Appendix B of the Guidance on NTIA National Environmental Policy Act Compliance document Guidance on NTIA National Environmental Policy Act Compliance to determine if an existing Categorical Exclusion can be applied to the project.
Q: What is the difference between an Organizational Application (OA) and a Project Application (PA)? Do we have to submit both?
A: Yes, if your organization wants to be considered for NBEAD funding, you must submit both an OA and a PA. NBO has split NBEAD applications into two pieces: an OA and a PA. The OA addresses components of the application specific to the applicant organization: contact and legal information, ownership, capacity, experience with other federal or state funding; and the required certifications and attestations. Each applicant will submit one OA, regardless of the number of Defined Project Areas (DPAs) in which the organization is interested. Applicants must submit an OA targeting at least one DPA to participate in the NBEAD program. PAs will address details specific to a planned project in a single DPA. PAs will include plans concerning the design and construction of the planned project, outreach efforts, labor and workforce, compliance with laws, and budget. One PA must be submitted for each DPA in which an applicant is interested.
Q: If an organization does not submit an OA, can they still submit a PA for NBEAD funding?
A: No. OAs are required for NBEAD participation, so if an organization does not submit an OA, they will not be eligible to submit a PA. NBO will screen and score OAs and publish a list of Approved Applicants. PAs will only be accepted from organizations on the list of Approved Applicants.
Q: Can we apply for funding for multiple DPA’s?
A: Yes, an organization may apply for multiple DPAs. A separate PA must be submitted for each of those DPAs
Q: Do we have to submit a separate PA for each DPA?
A: Yes. Each PA should address a single DPA. If an organization is interested in applying for funding for multiple DPAs, they will need to submit multiple applications.
Q: Can we partner with another organization on a project targeting a single DPA?
A: Yes. You may partner with one or more organizations to submit an application for a single DPA. Please note that one of the organizations will need to serve as the Subgrantee for the project, and will be responsible for reporting to NBO, submitting reimbursement requests, and paying the other partners.
Q: What if we are just starting as an internet service provider (ISP) in Nebraska, or have only been in business a short time? Can we apply for NBEAD funding?
A: Yes, new or young organizations may apply for NBEAD funding. The RFA details information alternatives for new organizations as applicable. Please be aware that there is a short window in which NBO will accept questions on the OAs and another short window for questions on the PAs, so if anything is unclear, do not hesitate to submit your question.
Q: What kinds of organizations are eligible to apply for NBEAD funding?
A: The following organizations are eligible to apply for NBEAD funding:
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- Internet service providers
- Cable service companies
- Telephone service providers
- Tribal governments or other entities
- Women-owned business enterprises
- Minority-owned business enterprises
- Cooperatives
- Nonprofit organizations
- Public-private companies
- Public or private utilities
- Public utility districts
- Local Governments, including any unit, subdivision, authority, or consortium or local or tribal governments
- Incorporated businesses or partnerships
- Limited liability companies
Q: What are the NBEAD funding priorities?
A: The BEAD legislation requires prioritization of unserved Broadband Serviceable Locations (BSLs), then underserved BSLs, and then Community Anchor Institutions (CAIs). Projects that target end-to-end fiber architecture or fiber to the premises (FTTP) must be prioritized over other technologies. Projects that include matching funds of greater than 25% will receive additional points in the evaluation of applications. NBEAD applications that target high poverty areas and persistent poverty counties are also of higher priority.
Q: What is the difference between a Priority Project and an Other Project?
A: A Priority Project targets complete coverage of the DPA with end-to-end fiber architecture. An Other Project includes other technologies such as licensed fixed wireless or low-earth orbit satellite, or a combination of any two or more technologies. Applications that target Priority Projects will be scored before those that target an Other Project for the same DPA. Additional information about scoring is included in the RFA.
Q: What is Reliable Broadband Service?
A: Reliable Broadband Service (RBS) is defined as broadband service that is accessible to a location via:
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- Fiber-optic technology (Broadband Data Collection [BDC] technology code 50)
- Cable modem/hybrid fiber-coaxial (HFC) technology (technology code 40)
- Digital subscriber line (DSL) technology (technology code 10)
- Terrestrial fixed wireless technology utilizing entirely licensed spectrum (includes spectrum licensed by rule) or using a hybrid of licensed and unlicensed spectrum (technology codes 71 and 72).
Q: Which technologies are prioritized under NBEAD?
A:Under NBEAD, technologies are prioritized in the following order:
a. RBS – Priority Project: a project that will provision service via end-to-end fiber-optic facilities to each end-user premises.
b. RBS – Qualifying Broadband: a project that will provision service via:
i. cable modem/ HFC technology;
ii. DSL technology; or
iii. terrestrial fixed wireless technology utilizing entirely licensed spectrum (LFW) or using a hybrid of licensed and unlicensed spectrum (ULFW).
c. Alternative Technologies: a project that will provision service via technology that does not qualify as RBS, including ULFW and low-Earth orbit satellite (LEO).
Q: If we are awarded NBEAD funds, when does construction have to begin and how long will subgrantees have to complete construction?
A:PAs will include timelines for each major project milestone, and Subgrantee progress will be tracked against these milestones. Unless otherwise specified in the PA and subsequent subgrant, Subgrantees will have four (4) years from the date of full execution of the subgrant to complete construction and begin delivering service to customers.
Q: If an applicant proposes all fiber, but later determines that other technology would be a better fit for a DPA, can they change to the other technology or mix technologies?
A: No. Once an application is approved for NBEAD funding, the contents of the application will become part of the legal agreement (the subgrant) for the project.
Q: Can an application include serving some BSLs with fiber and others in the same DPA with an alternate technology?
A: Yes. Any application proposing to serve some locations with a technology other than fiber would be considered an Other Project application.
Q: We have a national pricing scheme and cannot hold to a state pricing scheme, so what do I do? Does this mean I cannot apply for NBEAD funding?
A: No, this will not prevent you from applying for NBEAD funding. As part of your PA, you will commit to the pricing scheme included in your application, with adjustments no more than annually and linked to the Consumer Price Index.
Q: What about Davis-Bacon? Does it apply to NBEAD?
A:Yes, Davis-Bacon applies to NBEAD, but only to subgrants with costs greater than $5,000,000. Per NTIA, if your project will not cross the $5,000,000 threshold – including match – Davis-Bacon will not apply.
Q: Are assets purchased under this program subject to federal interest?
A: Yes. Property and equipment (including information technology systems) purchased with NBEAD funds and having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the Subgrantee for financial statement purposes, or $10,000 purchased with NBEAD funds are subject federal interest. The federal interest period for property and equipment acquired or improved with NBEAD subgrant funds is 10 years from the year in which the subgrant for a project has been closed out. For example, if a subgrant ends any time in 2029, the federal interest period will run through December 31, 2039.
Q: What should applicants do if the DPA in which we are interested intersects with Tribal Lands?
A: Applicants who submit applications for project areas that are partially or wholly located on Tribal Lands must secure written permission from the tribe or tribes that own the land. The PA must include description and documentation of efforts to secure consent from the relevant tribe(s); and the formal consent documents must be submitted within about 60 days from notification of provisional subgrant award.
Q: Where are the Labor Surplus Areas (LSAs) in Nebraska?
A: LSAs are civil jurisdictions that has a civilian average annual unemployment rate during the previous two calendar years of 20% or more above the average annual civilian unemployment rate for all states (including Puerto Rico) during the same 24-month reference period. If the national annual average unemployment rate during the referenced period is less than 6.0% then the qualifying rate is 6.0%. If the national annual average unemployment rate during the referenced period is above 10% then the qualifying rate is 10%. The Department of Labor maintains LSA designations and offers a list of these areas on their website to support programs and projects looking to increase employment in areas of need. Per the most recent list, Nebraska does not include any LSAs.
Q: Can we submit multiple applications for the same DPA, each with a different technology plan?
A:Yes. You may submit a Priority a nd an Other application for a single DPA, or two Other applications for a single DPA.
Q: What is the source of NBEAD funding?
A:NBEAD funding derives from the Infrastructure Investment and Jobs Act (IIJA), under Assistance Listing Number 23.035. Funds were allocated to the Department of Commerce's (DOC), National Telecommunications Information Administration (NTIA). BEAD funds were awarded to the states as formula grants, and Nebraska was appropriated $405,281,070.41.
Q: How do I apply for NBEAD funding? Where do I find the rules?
A:The rules governing distribution of NBEAD subgrant funds are published in the Request for Applications (RFA), which is available at https://broadband.nebraska.gov/.
Q:How should my application attachments be formatted?
A: In the Submittable portal, questions for which a file upload is necessary will include information about the acceptable file formats. The system will allow a significant variety of file formats, including .csv, .doc, .docx, .odt, .pdf, .rtf, .txt, .wpd, .wpf, .gif, .jpg, .jpeg, .png, .svg, .tif, and .tiff.
Q: If an organization submits multiple applications, can it use the same pro forma statements for all of them, or do they need to be done separately for each project?
A:The pro forma statements need to be specific to a single project, so if an organization chooses to submit multiple applications, separate pro forma statements should be included with each.
Q: How do we indicate which DPA is targeted in our application?
A:Nebraska's DPAs are coded alphanumerically. The coding is alphabetical from left to right (west to east) and numerical from the top to bottom (north to south). Both OAs and PAs will include questions about the DPA's targeted.
Q: Who should I contact if I am having trouble accessing the DPA map?
A: Please contact NBO Communications staff about issues with the DPA map, at nbo.admin@nebraska.gov. No other inquiries related to the RFA, OAs, or PAs will be addressed via this email address - those questions must go to nbo.grants@nebraska.gov.
Q: Will the application portal automatically transfer information from the OA into the PA?
A:Yes, the application portal will link the unique entity identifier (UEI), the federal tax identification number (FTIN), and applicant organization name from the OA to the PA(s). When you begin your PA, you will need to provide one of these pieces of information and verify the others, but you will not need to re-enter anything submitted as part of the OA.
Q: What information can I submit confidentially? How do I ensure confidential information submitted will be protected?
A:NBO anticipates the most information provided in NBEAD applications will be subject to provisions under Nebraska Rev. Stat. §84-712 et seq. If an applicant believes information should be excluded from the public record, the applicant must identify on the OA or PA which responses contain proprietary or trade secret information and upload a separate file with the relevant information and an explanation about why it should be considered proprietary or confidential. Additional detail about these requirements is included in the RFA.
Q: We are planning a project that will include underground deployment. What are the requirements about conduit capacity and access points?
A:Projects that will include any underground installation will be required to include excess conduit capacity and regular conduit access points for interconnection by others. If your project will involve deployment in a city, conduit access points should be placed every 300 meters. Along a highway, conduit access points should be set at regular intervals and at locations at which there is high probability to provide future service (e.g., rest areas, traffic management).
Q: What is the matching requirement for the BEAD program? Do waivers exist for this matching requirement, and in what circumstances would those waivers be provided?
A:For most DPAs, subgrantees will be required to provided 25% match. NTIA has designated specific DPAs in Nebraska as High-Cost Areas (broadband.nebraska.gov) and applications for those DPAs may include match of less than 25%
In addition, once NBO sets the Extremely High-Cost Threshold (EHCT), NBO will consider applications with match of less than 25% for DPAs which exceed the EHCT.
Q: If an area is covered by satellite technology prior, will it be considered served for the purposes of the NBEAD program?
A:For the purposes of NBEAD, locations served exclusively by satellite, services using entirely unlicensed spectrum, or a technology not specified by the Federal Communications Commission (FCC) for purposes of the Broadband DATA Maps do not meet the criteria for Reliable Broadband Service and so will be considered unserved.
Q: Can we use one letter of credit for multiple projects, or do we need a separate LOC for each project?
A:No. ILOCs are specific to individual projects, so a separate ILOC is required for each project. However, the legal opinion letter that must be submitted with the ILOC may be used across multiple projects awarded to the same organization.
Q: What happens if costs go up after the subgrant is signed? Will we be asked for additional funds?
A:Once a subgrant is awarded, additional funds cannot be added. If, for example, costs for materials rise, the subgrantee will need to reallocate funds within its approved budget to cover the differences. Your Broadband Grant Manager will work with you to make and approve such changes.
You may also choose to cover the cost increases with other funds, therefore altering your match plans.
Q: If unexpected costs (e.g., new fees) are discovered after the subgrant is executed, can we amend our budget?
A: Yes. There will be a process for amending your project budget. Please note that additional funds will not be available, but funds in the approved budget can be reallocated within certain limits. Your Broadband Grant Manager can assist with budget amendments, and their contact information will be shared in the subgrant documents
Q: Can we include permitting and right-of-way (ROW) fees in our budget ?
A: Yes. Permitting and ROW fees are eligible expenses under NBEAD. Applications should ensure the fees are reasonable and properly itemized in the budget, as it will be reviewed as part of the PA.
Q: Can we include locating fees in our budget?
A:Yes. Locating fees are eligible expenses under NBEAD. Applicants should ensure the fees are reasonable and properly itemized in the budget, as it will be reviewed as part of the PA.
Q: Do we have to get a permit to work in the right of way?
A: Yes, a permit is typically required to work in the right of way. This ensures that all activities comply with local regulations and safety standards. It is important to check with your local authority or agency overseeing the right of way to obtain the necessary permits and understand any specific requirements for your project. Please check out our permitting resource guide at https://broadband.nebraska.gov for additional guidance and contact information.
Q: Are pole attachment agreements required?
A: Yes, pole attachment agreements are generally required for any entity wishing to attach equipment or facilities to utility poles. These agreements establish the terms and conditions for the attachment, including safety standards, maintenance responsibilities, and compensation. It is important to contact the pole owner to obtain the necessary agreements before proceeding with any attachments. Please check out our permitting resource guide for additional guidance and contact information!
Q: Where do I find the sample ILOC?
A:The sample ILOC may be downloaded from NBO's website, https://broadband.nebraska.gov/
Q: What is the Covenant of Purpose, Use, and Ownership (Covenant) and where can I find the template?
A: The Covenant is the form required to document the federal interest in NBEAD-funded real property. The sample Covenant may be downloaded from NBO’s website, https://broadband.nebraska.gov.
Q: What are the requirements under the Build America Buy America (BABA) Act?
A: NBEAD-funded projects are subject to the domestic content procurement preferences under the Build America Buy America (BABA) Act. The following requirements must be met:
- All iron and steel used in the project are produced in the US;
- All manufactured products used in the project are produced in the US; and
- All construction materials are manufactured in the US.
NBO is required to monitor subgrantee compliance with BABA, so subgrantees will be required to submit, for each material used in NBEAD-funded projects, one of the following:
- Manufacturer’s Certification Letter, including
- BABA domestic manufacturing requirement reference
- Equipment information: product name, product description, and quantity
- Location of manufacturing
- Authorized signature
- Reporting Tracker on finished waived electronics, using the template provided by NTIA.
Subgrantees must collect and retain certification from manufacturers and submit copies of letter and waivers (via the Reporting Tracker) to NBO with quarterly reports.
Additional information on BABA and compliance is available at the Office of Acquisition Management’s Build America Buy America page, NTIA’s BABA page, IIJA section 70912(4)-(5) and 70914, 2 CFR 184, and OMB Memorandum M-24-02.
Q: What are the criteria for acceptable match funds?
A: Per 2 CFR 200.306, matching funds, regardless of their source, must meet the following criteria:
- Verifiable from the non-federal entity’s records;
- Not included as contributions for any other federal award;
- Necessary and reasonable for accomplishment of project or program objectives;
- Allowable under 2 CFR Part 200, Subpart E (Cost Principles);
- Not paid by the federal government under another award, except where the federal statute authorizing a program specifically provides that federal funds made available for such program can be applied to matching or cost sharing requirements of other federal programs;
- Provided for in the approved budget when required; and
- Conform to other provisions of 2 CFR 200.306, as applicable.
Q: Can my project partners contribute to meeting our match requirement?
A: Yes, your partners can contribute to your match funding. Cash or in-kind match may be contributed by the subgrantee, a unit of local government, a utility company, a cooperative, a nonprofit or philanthropic organization, a for-profit company, a regional planning or governmental organization, a federal regional commission or authority, or any combination thereof.
Q: Are there any special rules about the match under the BEAD program?
A: The Infrastructure Investment and Jobs Act, which is the source of BEAD funding, explicitly allows the use of matching funds from a federal regional commission or authority. In addition, match for BEAD may come from funds provided to the Applicant/Subgrantee for the purpose of deploying broadband service under the Families First Coronavirus Response Act (Public Law 116-127; 134 Stat. 178); the CARES Act (Public Law 116-136; 134 Stat. 281), the Consolidated Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 1182); or the American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. 4), to the extent permitted by those laws. Please note, however, that the use of matching funds from these sources will mean that the subgrantee has to comply with both the BEAD requirements and those of the source of the matching funds. For example, if ARPA funds are used as match for a BEAD project, the subgrantee would be subject to both the BEAD and ARPA requirements.
Q: What are the requirements for the Tribal Resolution of Consent?
A: Per the Final Proposal Guidance, the requirements are:
- Includes an appropriate Authorized Organization Representative signatures;
- Comes from each Tribal Government governing authority (i.e., the Tribal Council), and/or other governing body, upon whose Tribal Lands the infrastructure will be deployed;
- Applies to tribes specified in the Federally Recognized Indian Tribal List Act of 1994.
- References the BEAD NOFO and be dated after the approval of NBO’s Initial Proposal (i.e., after September 10, 2024);
- The relevant context on the planned broadband deployment including:
- The entities that will deploy and operate the network;
- The broadband technologies that will be deployed on Tribal Lands;
- The timeframe of the agreement; and
- A description of the land proposed for use as part of the proposed project;
- Identify whether the land is owned, held in Trust, land held in fee simple by the Tribe, or land under a long-term lease by the Tribe;
- If owned, identify the landowner; and
- Provide a commitment in writing from the landowner authorizing the applicant’s use of that land for the propose project; and
- Appears complete.
Q: If we are able to serve BSLs located on tribal lands without construction on tribal lands, do we still need tribal consent?
A: Yes. If the intent is to serve addresses located on tribal lands, you must secure tribal consent.
