NBEAD FAQs

If confidential and proprietary documents are to only be included in the Table 10 upload, should they be labeled as Org Abbreviaton_DPA #_4.2 (the original question number) or Org Abbreviation_DPA #_10.0?

A: Please use the number for the original question number it addresses (Org Abbreviation_DPA_4.2).

 

For a fixed wireless application, is a Professional Engineering Certification required?  If so, what are the specific requirements?

A: An engineer with a Nebraska PE license is required to sign and seal plans for all work to be completed. This will be important for NEPA reviews as well. There are not any specific certifications required.

 

How can I, as a provider that has enforceable commitments that were identified as a BSL, ensure that everyone bidding on that DPA is aware that the customer has already been served and is a zero value BSL?  Projects include Nebraska Broadband Bridge, Capital Projects Fund, and NSUF-131 Reverse Auction projects.

A. You have several options: 

1. You could notify all of the Approved Applicants and provide required evidence. All Approved Applicants are listed at https://broadband.nebraska.gov/nbead/approved-applicants/. NBO legally may not assist in this effort.
2. You could submit a non-conditioned application to serve the entire DPA(s) containing those BSLs - a priority application
3. You could submit a conditioned application, only applying for the BSLs covered by the enforceable commitment and indicate the non-service code and evidence.
   • This option risks another company applying with a non-conditioned application will be prioritized over a conditioned application.
   • If this application wins, the BSLs would be removed, and the remaining locations would go forward to Round 2.
   • If the application is awarded, the organization would be responsible for all post-award requirements.

 

Where should questions regarding the applications be directed?

A: All questions on both the OAs and PAs must be submitted to NBO.grants@nebraska.gov. NBO staff will not answer verbal questions but will refer them to this email address. Only written responses will be binding on NBO.

NBO will respond to questions within 4 business days of receipt via a FAQ document to be posted at https://broadband.nebraska.gov/nbead/nbead-faqs/.

 

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.

 

Can you confirm that the Project Application naming convention is similar as for the Organizational Application?

A: For the Application Name, each organization was emailed a three digit abbreviation. They should follow the format "Org Abbreviation- DPA#" (ABC - D41). For files, the OA naming convention carries over and "Applicant Name_DPA#_Question#" would be sufficient (ABC_D41_3.1).

 

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.

 

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.

 

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.

 

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.

 

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.

 

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).

 

Will buried fiber applications take priority over aerial fiber applications?

A: The scoring rubric included in IPV2 and the RFA will be used to determine subgrant awards. In the rare instance of a tie in scores between two applications for the same DPA, buried vs. aerial fiber may be used as a factor in breaking that tie.

 

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.

 

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. 

 

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. 

 

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. 

 

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. 

 

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 back as we are working on a permitting resource guide for additional guidance and contact information. 

Please see DPA Summaries for the specific DPA you are applying for.

 

Which version of data release sets should ISPs use when importing individual location data?

A: The NBO BEAD-eligible inventory was compiled using FCC Fabric Version 4 data. If there is a reason to not serve any unserved or underserved location on the NTIA-approved Challenge Process list through a BEAD project, BSLs may be removed with evidence. This will need to be noted in your application with the appropriate reason code and evidence (more information will come when PAs open). BSLs may be removed from the NBEAD inventory but cannot be added. 

Complete individual location data is not available for download directly. Broadband Service Providers, researchers, and other public agencies may gain access to the location data through the process described on the FCC's website: https://help.bdc.fcc.gov/hc/en-us/articles/5377509232283-How-Broadband-Service-Providers-Can-Access-the-Location-Fabric.

 

How can we get access to the cost data for each location?

A: Each applicant is responsible for estimating their cost per location as part of their application.

 

How do we apply for a portion of a DPA – or do we have to serve the entire DPA?

A: The intention behind the pre-setting of the DPAs was to offset high-cost locations with denser, lower-cost locations to incentivize applicants to serve the entire DPA. There will be a mechanism in the PA to set conditions on your application to indicate BSLs you do not intend to serve within the DPA. However, applications that do not serve entire DPAs will not be considered for funding in PA Round 1. Applications that include coverage of the entire DPA will be prioritized.

 

In the Confidential and Proprietary Information section on pages 8-9 of the NBEAD Request for Applications, the Nebraska Broadband Office describes the process an applicant must follow to assert that submitted information should be treated as confidential. The process includes that an applicant, “must: 1) identify on the OA or PA which responses are alleged to contain proprietary or trade secret information.” There are multiple references in the section that in order to request that information be treated as confidential, an applicant must substantiate that the information sought to be protected is either proprietary or a trade secret. That reference appears to preclude an applicant from asserting other enumerated disclosure exceptions found in the Nebraska Public Records Act. Is an applicant precluded from asserting that submitted information fits a different disclosure exception enumerated in Neb. Rev. Stat. 84-712.05 of the Nebraska Public Records Act? For example, 84-712.05(3) references “commercial information which if released would give advantage to business competitors and serve no public purpose.” Could an applicant assert that information provided in an OA or PA is commercial information which if released would give advantage to business competitors and serve no public purpose and still have that request considered by the Nebraska Broadband Office, despite the fact that the applicant is not asserting that the information is a trade secret or proprietary?

Generally, the language set out on pages 8-9 of the NBEAD RFA concerning the Nebraska Public Records Act applies to any information you believe may be confidential under the Act. Please read and follow all our language carefully because it establishes substantive and procedural requirements that may apply to your application or to your work under the program, and may apply to rights of the Nebraska Broadband Office.

You asked specifically about subsection (3) of Neb. Rev. Stat. Section 84-712.05. The materials are intended to refer to any claim of confidentiality there may be under the language of subsection (3), although our description may have focused on the word “proprietary.” You should note that there are court decisions and Nebraska Attorney General’s Opinions concerning the interpretation of subsection (3) that you may wish to review if you believe any information you plan to submit is protected under the Nebraska Public Records Act.

You ask the following two questions:

Question A: Is an applicant precluded from asserting that submitted information fits a different disclosure exception enumerated in Neb. Rev. Stat. 84-712.05 of the Nebraska Public Records Act? For example, 84-712.05(3) references “commercial information which if released would give advantage to business competitors and serve no public purpose.”

Answer: You may assert any disclosure exception set out in accordance with the Nebraska Public Records Act. The Nebraska Broadband Office reserves any rights set out in the document and provided by law with respect to your assertion. For the second sentence of your question, please see the general discussion above.

Question B: Could an applicant assert that information provided in an OA or PA is commercial information which if released would give advantage to business competitors and serve no public purpose and still have that request considered by the Nebraska Broadband Office, despite the fact that the applicant is not asserting that the information is a trade secret or proprietary?

Answer: Please see discussion above and the language of the Nebraska Broadband Office mentioned above. You may make any assertion supported by the plain language and the legal interpretation of the language used in the Nebraska Public Records Act. We will not give legal advice or provide you with an answer to a hypothetical question. Be prepared to support and defend any assertion you plan to make concerning these issues with an analysis of applicable Nebraska Public Records law.

 

Is the NBEAD Request for Applications (RFA) the same as the Digital Equity (DE) funding opportunity?

A: No. NBEAD and DE are separate programs. The DE RFA will be published later this year. Applications targeting DE projects will not be considered for NBEAD funding. You can learn more about NBO’s DE program at https://broadband.nebraska.gov/digital-equity/.

 

What kind of projects will be considered for NBEAD funding?

A: NBEAD funds will awarded to projects targeting construction and deployment of infrastructure to support high-speed internet plus subsequent delivery of high-speed internet service.

 

There are no DPAs within the Santee Sioux Nation reservation. The locations awarded by E-ACAM were considered an enforceable commitment although the named ISP has not received tribal consent. How do we apply to fund these locations through BEAD?

A: Federal law prevents us from awarding NBEAD funding to any locations already funded by an enforceable commitment, which includes E-ACAM projects. Further, we cannot add locations to the NBEAD-eligible inventory after conclusion of the challenge process, which was finished in August 2024. Locations funded by any other state or federal program are not within our jurisdiction to modify.

 

Several sections outline naming conventions for files. Ex. Please use the following naming convention for your files: Organization Name, OA, 3.1. How do we name the file as we cannot use commas?

A: Either “Organization Name OA 3.1.pdf” or “OrganizationName_OA_3.1.pdf” would be acceptable.

 

Can we be advised as to how areas with “obligations” to build out broadband are handled regarding BEAD applications? Our PA will be hitting several SDA’s and we would like to understand if federal funding obligations restrict us in a build out of services.

A: For every BSL included in a DPA, you must either demonstrate the cost and engineering to deploy to those sites or provide a non-service code and evidence to support it. For example, if you are aware that a BSL is already served by another federal program, that would be non-service code 4 and you would be required to submit evidence that it is included in that program. For all non-service codes, see https://www.ntia.gov/sites/default/files/2025-03/fp_submission_requirements_non-service_codes_031325.pdf.

 

How can I, as a provider that has enforceable commitments that were identified as a BSL, ensure that everyone bidding on that DPA is aware that the customer has already been served and is a zero value BSL?  Projects include Nebraska Broadband Bridge, Capital Projects Fund, and NSUF-131 Reverse Auction projects.

A. You have several options: 

1. You could notify all of the Approved Applicants and provide required evidence
2. You could submit a non-conditioned application to serve the entire DPA(s) containing those BSLs - a priority application
3. You could submit a conditioned application, only applying for the BSLs covered by the enforceable commitment and indicate the non-service code and evidence.
   • This option risks another company applying with a non-conditioned application will be prioritized over a conditioned application.
   • If this application wins, the BSLs would be removed, and the remaining locations would go forward to Round 2.

 

P2 - 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. 

 

P2 - What DPAs are on tribal lands?

A: Recognizing that tribal consent will be required for any broadband project addressing BSLs on tribal lands, NBO separated the BSLs on tribal lands from all others. Based on the results of the Challenge Process, the 14 BEAD-eligible BSLs on tribal lands were sorted into two DPAs- eight on the Winnebago Reservation (S31) and six on the Omaha Reservation (S32). There are no BEAD-eligible BSL’s on any other reservations. 

 

S1 - 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. 

 

S1 - 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.  

 

S2 - 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.

 

S2 - 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.

1.2 - 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. 

 

1.2 - What DPAs are on tribal lands?

A: Recognizing that tribal consent will be required for any broadband project addressing BSLs on tribal lands, NBO separated the BSLs on tribal lands from all others. Based on the results of the Challenge Process, the 14 BEAD-eligible BSLs on tribal lands were sorted into two DPAs- eight on the Winnebago Reservation (S31) and six on the Omaha Reservation (S32). There are no BEAD-eligible BSL’s on any other reservations. 

 

1.2a - Upload the Legal description of the targeted DPA. Can you provide clarification on what you are referring to as the “Legal Description”?

A: For environmental documents, etc., the legal description should follow the Public Land Survey System (PLSS) method of Section-Township-Range along with town/county work is located in. In the case of linear projects a central lat long point for start and finish of the project boundaries is needed. This description should be concise and comprehensive of all area were work will take place.

 

What is the difference between Questions 1.6 and 7.2, as both ask for a project description?

A: 1.6 is a broad description, and very limited in length. It should include the applicant’s name, DPA, technology planned, and any other (brief) information the applicant wishes to share. The response will be shared with NTIA in NBO’s Final Proposal, and it may be published on NTIA’s website and elsewhere.

7.2 is specific to the NEPA side of things, and should include as many details as possible. This is the boots-on-the-ground view.

How will applications using a mix of technologies be scored? In other words, for all other last-mile broadband projects, will there be preference given to projects that have a fiber component? e.i. Wireless Project vs. Hybrid Project (100% wireless) vs (75% fiber; 25% wireless)

A: Scoring is primarily based on the priority designation – a Priority Project will be considered before any Other Projects. Hybrid projects are considered Other Projects and categorized by the lowest technology, regardless of the proportion of technologies involved.

 

When calculating the planned cost of a project, should an applicant divide the total project cost by the number of locations the applicant is planning to serve?

A. Please do not enter an average for all BSLs unless you are planning to serve all BSLs in the DPA and the DPA is not subject to an NTIA-designated High-Cost Area (DPAs N52, P42, P51, Q42, and R51).

 

If an applicant is not planning on serving a location and enters one of the non-service codes in Column I, should Columns C-H be left blank?

A: Yes.

 

Can we be advised as to how areas with “obligations” to build out broadband are handled regarding BEAD applications? Our PA will be hitting several SDA’s and we would like to understand if federal funding obligations restrict us in a build out of services.

A: For every BSL included in a DPA, you must either demonstrate the cost and engineering to deploy to those sites or provide a non-service code and evidence to support it. For example, if you are aware that a BSL is already served by another federal program, that would be non-service code 4 and you would be required to submit evidence that it is included in that program. For all non-service codes, see https://www.ntia.gov/sites/default/files/2025-03/fp_submission_requirements_non-service_codes_031325.pdf.

 

When calculating the planned cost of a project, should an applicant divide the total project cost by the number of locations the applicant is planning to serve?

A. Please do not enter an average for all BSLs unless you are planning to serve all BSLs in the DPA and the DPA is not subject to an NTIA-designated High-Cost Area (DPAs N52, P42, P51, Q42, and R51).

 

If an applicant is not planning on serving a location and enters one of the non-service codes in Column I, should Columns C-H be left blank?

A: Yes.

 

Can you clarify what costs associated with fixed wireless projects are allowable under BEAD?

Examples:
· Would the lease capacity for backhaul (e.g., to/from a fixed wireless tower) be anallowable cost?
· Restrictions/instructions on how such agreements should be structured? (I’m not sure what she means by agreements here)
· Do they need to be capitalized and are they subject to time restraints?

A: NBO agrees that costs for middle mile infrastructure (MMI) may be included in subgrantee budgets where MMI is required to reach interconnection points or otherwise to ensure the technical feasibility and financial sustainability of an NBEAD project.

NBEAD funds may be used only for costs allowable under the cost principles at 2 CFR 200 and 48 CFR 31. Costs must be reasonable, necessary, allocable, and allowable for the proposed project and conform to generally accepted accounting principles.

The update to the Uniform Guidance that was published in October 2024 does not apply to the BEAD projects, so the applicable capitalization threshold is $5,000, unless your organization has set a lower threshold. All costs must be incurred during the period of performance of the subgrant, which will commence on the date of execution of the subgrant and end four years later or no later than December 31, 2029.

 

What is Reliable Broadband Service?

A: Reliable Broadband Service (RBS) is defined as broadband service that is accessible to a location via:

• • 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).

 

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.

 

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.

 

What are the speed test requirements that need to be met with the NBEAD-funded network?

A: Speed tests can take four forms:

1. 1. A reading of the physical line speed provided by the residential gateway, (i.e., digital subscriber link [DSL] modem, cable modem (for hybrid fiber coaxial [HFC]), optimal network terminal [ONT] (for FTTH), or fixed wireless subscriber module).
   2. A reading of the speed test available from within the residential gateway web interface.
   3. A reading of the speed test found on the ISP’s web page.
   4. A speed test performed on a laptop or desktop computer within immediate proximity of the residential gateway, using either of: Ookla https://wwspeedtest.net/ or M-Lab https://speed.measurementlab.net/

Each speed test measurement must include:

1. 1. The time and date the speed test was conducted.
   2. The provider-assigned internet protocol (IP) address, either version 4 or version 6, identifying the residential gateway conducting the test.
   3. Download and upload speeds.
   4. Latency (measured in milliseconds).

Each group of three speed tests must include:

1. 1. The name and street address of the customer conducting the speed test.
   2. A certification of the speed tier the customer subscribes to (e.g., a copy of the customer's last invoice).

An agreement, using an online form provided by NBO, that grants access to these information elements to NBO, any contractors supporting the challenge process, and the ISP

 

What are the speed test requirements that need to be met with the NBEAD-funded network?

A: The UCC filing(s) must include the below or substantively similar language providing public notice of the federal interest in the equipment acquired with NBEAD funding: The Equipment set forth at Attachment A hereto was acquired with funding under a financial assistance award (XX-XX-XXXX) issued by the National Institute of Standards and Technology, U.S. Department of Commerce. As such, the U.S. Department of Commerce  retains an undivided equitable reversionary interest (federal interest) in the Equipment for ten years after the end of the year in which the award is closed out in accordance with 2 CFR 200.344.

 

If an applicant submits a $0.00 bid for a given DPA and it is approved as a NBEAD project, is the project still subject to the NBEAD rules about reporting, etc?

A: Yes. Once a project targeting one of Nebraska’s DPAs is approved under NBEAD, the project will be subject to the same reporting and other requirements.

 

What happens if we discover that a BSL address on the DPA map is actually a cow or barn? How do we notify NBO and ensure we are not penalized for failing to serve it?

A: NBO’s challenge process results have been approved by NTIA, so no changes may be made to the BSL/DPA map. However, as part of the PA, applicants will complete a table in which you will be able to indicate which BSLs are actually cows or barns.

 

Where can I learn more about Non-service Codes, Reason Codes, and the type of evidence required?

A: Information about Exception Codes, Reason Codes, and Types of Evidence is available in the BEAD Final Proposal Guidance from NTIA, at https://www.ntia.gov/sites/default/files/2025-03/fp_submission_requirements_non-service_codes_031325.pdf. As part of the PA, applicants will submit a table that includes information about the BSLs for which Exception Codes and related are necessary. That table, and the instructions and definitions that support it, will be published prior to the opening of PAs.

 

In the RFA Project Application requirements it mentions if there are any BSLs in the DPA for which service is not planned, additional information will be required. Will there be a template provided? Where would I find this?

A: Information about Non-service Codes, Reason Codes, and Types of Evidence is available in the BEAD Final Proposal Guidance from NTIA, at https://broadbandusa.ntia.gov/technical-assistance/BEAD_Final_Proposal_Guidance_and_Templates. As part of the PA, applicants will submit a table that includes information about the BSLs for which Non-service Codes and related are necessary. That table, and the instructions and definitions that support it, will be published prior to the opening of PAs.

 

What information should we include for: Provide business licensing information for state and federal governing bodies?

A: Examples might be any general business licenses issued by the State of Nebraska, Nebraska counties or cities. Other examples would be FCC radio frequency licenses. If your company does not have any, please respond “none”.

 

Can an applicant get BEAD funding to an ineligible BSL that’s along a fiber route to an eligible BSL? We know we can get funding for the fiber the placement past ineligible locations, but we were wondering if costs for HH’s placed in front of ineligible BSL locations (i.e. already served by broadband) can be included?

A: NBO can only reimburse for deployment to BEAD-eligible locations outlined in our inventory. A subgrantee funded to deploy to a BEAD-eligible location is free to build to other BSLs along the route with private dollars.

Are IRU or dark fiber arrangements considered eligible expenses under the BEAD program? If so, are there any specific requirements or limitations regarding the duration of such contracts?

A: Please see the BEAD NOFO – page 39; and the NBEAD RFA – page 10

 

Apart from the information provided in Table 3A, Is there additional guidance on what exactly can be included as an in-kind match?

A: Please see answer below. The examples provided are meant to be not exhaustive but suggestive. In-kind match may not include assets, goods, or services held prior to subgrant execution.

 

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.

 

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.  

 

If an applicant submits a PA targeting one of the NTIA-designated High-Cost Areas, which is exempt from the match requirements, is a Letter of Credit still required?

A: Yes. An irrevocable letter of credit (ILOC) is required for each application. The ILOC requirement is meant to ensure the financial stability of the project and provide security for the grant funds, irrespective of the match exemption. The ILOC can be waived if the subgrantee obtains a performance bond that meets requirements. Additional information on letters of credit and performance bonds is included in the RFA.

 

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. 

 

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.

 

How can we get access to the cost data for each location?

A: Each applicant is responsible for estimating their cost per location as part of their application.

 

Can you clarify what costs associated with fixed wireless projects are allowable under BEAD?

Examples:

• • Would the lease capacity for backhaul (e.g., to/from a fixed wireless tower) be an allowable cost?
  • Restrictions/instructions on how such agreements should be structured? (I’m not sure what she means by agreements here)
  • Do they need to be capitalized and are they subject to time restraints?

A: NBO agrees that costs for middle mile infrastructure (MMI) may be included in subgrantee budgets where MMI is required to reach interconnection points or otherwise to ensure the technical feasibility and financial sustainability of an NBEAD project.

NBEAD funds may be used only for costs allowable under the cost principles at 2 CFR 200 and 48 CFR 31. Costs must be reasonable, necessary, allocable, and allowable for the proposed project and conform to generally accepted accounting principles.

The update to the Uniform Guidance that was published in October 2024 does not apply to the BEAD projects, so the applicable capitalization threshold is $5,000, unless your organization has set a lower threshold. All costs must be incurred during the period of performance of the subgrant, which will commence on the date of execution of the subgrant and end four years later or no later than December 31, 2029.

 

3a - Could you please advise if there is a breakdown published for the details behind the scoring as shown below for both primary and secondary criteria, for example - For the matching funds points, what is the scale to get from the 0-150 points?

A: Applications will be scored based on the incremental match beyond the 25% match required by the program. Points will be awarded starting at 26% total match with a maximum score achieved at 85% match or greater. Examples: 1) An additional 10% match was provided (35% - 25% = 10%) which equates to 25 points; 2) An additional 65% match was provided (90% - 25%) which equates to 150 points. Incremental Match Beyond 25% 2.5 points for every percentage above 25%, up to 84% match Points 1 to 149 Match at or greater than 85% of total project cost 150.

 

3a - What are the different kinds of match? Will you provide some examples of each?

A: Match may be cash or in-kind. Cash match is cash spent from non-federal sources, either by the Subgrantee, a project partner, a local organization (e.g., utility company), local government, or others. A non-federal source is any person or entity other than the US government. As long as the cash does not originate with the US government (e.g., through a grant, cooperative agreement, contract, or other funding program), it may be used as cash match.

Cash match may include costs that are allocable to but will not be charged to the NBEAD project. For example, salaries and fringe benefits for accounting staff who track and report NBEAD expenses may be provided as cash match.

In-kind match is non-cash donations of property, goods, or services which benefit a project. In-kind contributions must be allowable and allocable project expenses. This means that if a donation represents something for which the purchase is not allowable under NBEAD funds, the donation is not acceptable as in-kind match. For example, a donation of property in Wisconsin is not allocable to a project focused on Nebraska – the Wisconsin property cannot be used in the Nebraska project. The loan of a backhoe for use in installing underground fiber may be used as match for a NBEAD project. In-kind match in the broadband context could also include waiver of fees associated with access to rights of way, pole attachments, conduits, easements, or access to other types of infrastructure.

Publication 561 from the Internal Revenue Service offers general valuation principles applicable to in-kind match. The key question is what the item or service would have cost if the subgrantee had to pay for it, allowing for economies of scale and damaged goods. For items not covered by Publication 561, documentation of cost estimates, for example, should be collected and kept as part of the grant file to support in-kind match. This documentation will need to be made available to NBO as part of subgrantee monitoring.

 

3a - Can you clarify what costs associated with fixed wireless projects are allowable under BEAD?

Examples:
· Would the lease capacity for backhaul (e.g., to/from a fixed wireless tower) be an allowable cost?
· Restrictions/instructions on how such agreements should be structured? (I’m not sure what she means by agreements here)
· Do they need to be capitalized and are they subject to time restraints?

A: NBO agrees that costs for middle mile infrastructure (MMI) may be included in subgrantee budgets where MMI is required to reach interconnection points or otherwise to ensure the technical feasibility and financial sustainability of an NBEAD project.

NBEAD funds may be used only for costs allowable under the cost principles at 2 CFR 200 and 48 CFR 31. Costs must be reasonable, necessary, allocable, and allowable for the proposed project and conform to generally accepted accounting principles.

The update to the Uniform Guidance that was published in October 2024 does not apply to the BEAD projects, so the applicable capitalization threshold is $5,000, unless your organization has set a lower threshold. All costs must be incurred during the period of performance of the subgrant, which will commence on the date of execution of the subgrant and end four years later or no later than December 31, 2029.

 

3a - 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.

 

3a - 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. 

 

3a - Are there any special rules about the match under the BEAD program?

A: The IIJA 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 CARES funds are used as match for a BEAD project, the subgrantee would be subject to both the BEAD and CARES requirements.

 

3a.1 - Whose initials should be listed?

A: Whoever submits the PA is ultimately responsible for all statements contained therein.

 

3b - Can an applicant deploy and get reimbursed for OLT cards, ONTs, and CPEs that are used from existing inventory as long as the applicant shows a PO/Invoice to provide the cost of such items?

A: All reimbursable expenses must be incurred during the period of performance which begins with the execution of the subgrant. Existing resources can be used in a project to reduce overall project costs but cannot be reimbursed or used as match.

 

3b - 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. 

 

3b - 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. 

 

3c - Can an applicant use its own labor to turn-up and cutover services at the BEAD eligible location. Essentially install the ONT, the CPE, and configure and turn-up the broadband service.

A: Labor is a reimbursable expense for turn-up and cutover. No equipment nor labor is reimbursable beyond the demarcation point. 

 

3d - 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.

 

3e - 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. 

 

3e - Where do I find the sample ILOC?

A: The sample ILOC may be downloaded from NBO's website, https://broadband.nebraska.gov/nbead/.

 

 

4.1 - What are the scoring details for Speed to Deployment?

A: Please see our IPV2 pages 40-41

 

4.1 - 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.

 

4.1 - When do you plan to complete construction and begin offering broadband service to customers in the targeted DPA? Please be aware that your organization will be held to and assessed against this deadline.

Volume II of the Nebraska BEAD proposal outlines a sliding scale for "Speed to Deployment" scoring, based on the total duration from project start to service delivery.

• Should the start date be based on the date of award announcement, contract execution, or another benchmark event?
• How should this date be selected within the portal to ensure consistency with the scoring framework and compliance expectations?

A: NBO suggests you use the end of the current federal fiscal year, September 30, 2025, as your start date for this question. This allows each applicant four years for their project(s) and ensure completion by December 31, 2029, as required by NTIA. Adjustments to the timeline can be modified at time of subgrant execution if awards are made sooner or later than this date.

 

4.2 - What are the scoring details for Service Quality, Expected Availability and MTTR?

A: Please see our IPV2 pages 38-39

 

4.2 - Can applicants provide more than one file upload?  We need to provide two separate spreadsheets – one dedicated to MTTR metrics, and a separate spreadsheet for Network Availability metrics.

A: You may submit a workbook with multiple tabs for 4.2 or upload additional documents at item 10. If you do the latter, please ensure you label the file clearly, to ensure that application reviewers may easily find it. We recommend using the naming convention, Application Name – 4.2 Additional Info or similar.

 

4.2 - The question asks to upload a spreadsheet for key operational metrics with two options – upload or Confidential and Proprietary. If we select Confidential and Proprietary, do we not need to provide a spreadsheet with our submission?

A: The Confidential and Proprietary option does not allow you to skip a question, but to answer it as described at the very top of the PA. If you feel your response to any PA question should be Confidential and Proprietary, please follow those instructions and submit your response at Table 10 of the PA.

4.2 - Can applicants provide more than one file upload?  We need to provide two separate spreadsheets – one dedicated to MTTR metrics, and a separate spreadsheet for Network Availability metrics.

A: You may submit a workbook with multiple tabs for 4.2 or upload additional documents at item 10. If you do the latter, please ensure you label the file clearly, to ensure that application reviewers may easily find it. We recommend using the naming convention, Application Name – 4.2 Additional Info or similar.

 

4.3 - Provide a statement about whether the Applicant will offer nondiscriminatory access to and use of its network on a wholesale basis to other providers seeking to provide broadband service to end-user locations, at just and reasonable wholesale rates for the useful life of the subsidized network assets. Are you referring to an open access network?

A: Yes.

 

4.5 - 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.

 

4.6 - What are the scoring details for Affordability?

A: Please see our IPV2 page 35

 

4.6 - 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.

 

4.6 - 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.

 

4.6 - 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.

 

4.6 - 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. 

 

4.6c - What are the scoring details for Length of Affordable Commitment?

A: Please see our IPV2  pages 41-42

 

4.6c - Are you asking how long we will keep the 1G price within the range that is selected in 4.6a?

A: Yes.

 

 

5.1 - Describe how you have and will continue to monitor for and comply with local, state, and federal laws - what local, state, and federal laws are you referring to?

A: You may simply attest that you have and will continue to monitor and comply with all local, state, and federal laws.

 

5.1 - 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 back as we are working on a permitting resource guide for additional guidance and contact information. 

Please see DPA Summaries for the specific DPA you are applying for.

 

5.1a - What DPAs are on tribal lands?

A: Recognizing that tribal consent will be required for any broadband project addressing BSLs on tribal lands, NBO separated the BSLs on tribal lands from all others. Based on the results of the Challenge Process, the 14 BEAD-eligible BSLs on tribal lands were sorted into two DPAs- eight on the Winnebago Reservation (S31) and six on the Omaha Reservation (S32). There are no BEAD-eligible BSL’s on any other reservations. 

 

5.1a - 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.

 

5.1a - What are the requirements for the Tribal Resolution of Consent?

A: Per the BEAD Final Proposal Guidance, the requirements are:

• • Includes an appropriate Authorized Organization Representative signature;
  • 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 proposed project; and
      • Appears complete.

 

5.1a - 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. 

 

6.13 - 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.

 

What about Davis-Bacon? Does it apply to NBEAD?

A: According to NTIA, Davis-Bacon does not apply to NBEAD.*
*Answer updated 2/18/2025

 

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.

As an applicant, if we have already deployed an FTTP system that passed all valid locations within a DPA, and there will be no need for construction within that DPA, does the applicant still need to respond to all of the Environmental Requirement questions? What if it is only a portion of the DPA?

A: You will need to answer the questions regardless of previous build and need for construction. With each question you will have the opportunity to answer YES/NO if it applies.

 

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:

• • 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.

 

7.2 - Detailed Project Description. Describe the proposed project. Provide as much detail of design as is currently known. Note that any major change in project description or activities may delay the NEPA process. What are you looking for in the description?

A: This is a project description of work to be conducted. “Activities to include the trenching, boring, and connecting of underground and aerial communication conduit with fiber optic connections. Work to include pull box and vault access points outside the hinge point of the ROW.” This is a starting example that can be expanded to include activities of each project. The description should be concise and comprehensive.

 

7.2 - What is the difference between Questions 1.6 and 7.2, as both ask for a project description?

A: 1.6 is a broad description, and very limited in length. It should include the applicant’s name, DPA, technology planned, and any other (brief) information the applicant wishes to share. The response will be shared with NTIA in NBO’s Final Proposal, and it may be published on NTIA’s website and elsewhere.

7.2 is specific to the NEPA side of things, and should include as many details as possible. This is the boots-on-the-ground view.

 

7.6c - 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.

 

7.19 - Categorical Exclusions. Our project would fall under a C-8 exclusion from our review of the NTIA guidance. The question I have is that if it does fall under an exclusion then does the applicant need to fill out questions 3-17 in Table 7? It seems to us that if the project would fall under the exclusion then the other information is irrelevant. 

A: Yes, the applicant needs to fill out the remainder of the questions even if you believe you’ve identified a Categorical Exclusion that may apply to your project. A complete application is required in order to help the Nebraska Broadband Office understand any environmental impacts associated with your project and ensure that no Extraordinary Circumstances may exist.

 

7.9a - This question states “Please download a Federal Emergency Management Agency (FEMA) FIRMette map from the FEMA Flood Map Service Center, indicate the project location, and upload with this application.” The FEMA Flood Map Service Center does not have a way to upload routes/sites to overlay on their maps. Additionally, when you download a FIRMette map – they are zoomed in to the approximate location identified/input by the user to a scale that would require hundreds of map downloads to cover the entirety of the proposed fiber construction routes. Can the NBO provide clarity on specifically what is being requested with regards to flood plain maps and how applicants should handle this issue? Is the NBO asking for a single FIRMette map with central location marked just to give a general location of the project?

A: The information that is being requested for this application regarding floodplains is whether or not the project area occurs within a Flood Hazard Area (Floodplains and/or Floodways). By obtaining this information during the application phase, it is intended to help the applicant and NBO determine if floodplain permits may be required to complete this project and what mitigation may be required to protect the proposed infrastructure.

Here are a couple options for how to provide the requested information if FIRMette maps are not feasible for large-scale projects:

• If the applicant has access to ArcGIS:

FEMA has an ArcGIS REST Services Directory that hosts the National Flood Hazard Layer dataset. The hosting server is:

https://hazards.fema.gov/arcgis/rest/services/public/NFHLWMS/MapServer

This dataset can be directly added to an ArcGIS project file and used to display floodplain/floodway information on a larger scale than the FIRMette allows for.

Custom maps of the project design/area can then be then created through the GIS software with the flood data visible.

• If the applicant does not have access to ArcGIS:

The same FEMA ArcGIS REST Services Directory has an option to view the data in “ArcGIS Earth” (Google Earth).

Selecting this option will download a KMZ of the FEMA Flood Hazard data for viewing in Google Earth. The link can be found at:

https://hazards.fema.gov/arcgis/rest/services/public/NFHL/MapServer

While not able to zoom as far out as you can in ArcGIS, a larger area is able to be viewed then in the FIRMette map.

A Google Earth map showing the floodplain data can then be printed to PDF and used for upload in place of the FIRMette.

What kinds of policies are you looking for concerning the Minority Business/Women’s Business Enterprises?

A: The BEAD NOFO requires that subgrantees take affirmative steps to solicit participation of Minority Business Enterprises and Women’s Business Enterprises in their NBEAD-funded projects. Policies that support or require such efforts are optimal.

Previously, Table 9 requested percentages for buildout milestone (10% of Project BSLs, 35% of Project BSLs, etc.). That has now been replaced with Located completed, Middle Mile secured, etc.

Are you stating that you now do not want those percentages listed on the timeline and instead want them replaced with the new items listed.

A: Yes.

 

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). 

 

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 back as we are working on a permitting resource guide for additional guidance and contact information. 

Please see DPA Summaries for the specific DPA you are applying for.

 

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.

 

Where can we learn more about permitting?

A: NBO understands that permitting and pole attachment agreements can be major obstacles to deployment. To help, NBO is working on a permitting resource guide, which will be posted to our website when it is complete. This guide will provide essential information on the permitting process, including key requirements. By using this resource, you can simplify your permitting efforts and find the right contacts for any questions you may have.

Please see DPA Summaries for the specific DPA you are applying for.

 

9.3 - Is there a template that should be used for the Build-out Timeline and Milestone for Project Implementation, or are applicants to provide their own?

A: Applicant may use any format they prefer for 9.3

If confidential and proprietary documents are to only be included in the Table 10 upload, should they be labeled as Org Abbreviaton_DPA #_4.2 (the original question number) or Org Abbreviation_DPA #_10.0?

A: Please use the number for the original question number it addresses (Org Abbreviation_DPA_4.2).

 

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. 

 

In the Confidential and Proprietary Information section on pages 8-9 of the NBEAD Request for Applications, the Nebraska Broadband Office describes the process an applicant must follow to assert that submitted information should be treated as confidential. The process includes that an applicant, “must: 1) identify on the OA or PA which responses are alleged to contain proprietary or trade secret information.” There are multiple references in the section that in order to request that information be treated as confidential, an applicant must substantiate that the information sought to be protected is either proprietary or a trade secret. That reference appears to preclude an applicant from asserting other enumerated disclosure exceptions found in the Nebraska Public Records Act. Is an applicant precluded from asserting that submitted information fits a different disclosure exception enumerated in Neb. Rev. Stat. 84-712.05 of the Nebraska Public Records Act? For example, 84-712.05(3) references “commercial information which if released would give advantage to business competitors and serve no public purpose.” Could an applicant assert that information provided in an OA or PA is commercial information which if released would give advantage to business competitors and serve no public purpose and still have that request considered by the Nebraska Broadband Office, despite the fact that the applicant is not asserting that the information is a trade secret or proprietary?

Generally, the language set out on pages 8-9 of the NBEAD RFA concerning the Nebraska Public Records Act applies to any information you believe may be confidential under the Act. Please read and follow all our language carefully because it establishes substantive and procedural requirements that may apply to your application or to your work under the program, and may apply to rights of the Nebraska Broadband Office.

You asked specifically about subsection (3) of Neb. Rev. Stat. Section 84-712.05. The materials are intended to refer to any claim of confidentiality there may be under the language of subsection (3), although our description may have focused on the word “proprietary.” You should note that there are court decisions and Nebraska Attorney General’s Opinions concerning the interpretation of subsection (3) that you may wish to review if you believe any information you plan to submit is protected under the Nebraska Public Records Act.

You ask the following two questions:

Question A: Is an applicant precluded from asserting that submitted information fits a different disclosure exception enumerated in Neb. Rev. Stat. 84-712.05 of the Nebraska Public Records Act? For example, 84-712.05(3) references “commercial information which if released would give advantage to business competitors and serve no public purpose.”

Answer: You may assert any disclosure exception set out in accordance with the Nebraska Public Records Act. The Nebraska Broadband Office reserves any rights set out in the document and provided by law with respect to your assertion. For the second sentence of your question, please see the general discussion above.

Question B: Could an applicant assert that information provided in an OA or PA is commercial information which if released would give advantage to business competitors and serve no public purpose and still have that request considered by the Nebraska Broadband Office, despite the fact that the applicant is not asserting that the information is a trade secret or proprietary?

Answer: Please see discussion above and the language of the Nebraska Broadband Office mentioned above. You may make any assertion supported by the plain language and the legal interpretation of the language used in the Nebraska Public Records Act. We will not give legal advice or provide you with an answer to a hypothetical question. Be prepared to support and defend any assertion you plan to make concerning these issues with an analysis of applicable Nebraska Public Records law.

 

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/nbead/.

 

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.

 

What happens if we discover that a BSL address on the DPA map is actually a cow or barn? How do we notify NBO and ensure we are not penalized for failing to serve it?

A: NBO’s challenge process results have been approved by NTIA, so no changes may be made to the BSL/DPA map. However, as part of the PA, applicants will complete a table in which you will be able to indicate which BSLs are actually cows or barns.