Program Questions:

Q. If a project has just begun and is already under construction, is it ineligible for this grant process?
A. Any project already started prior to this grant program would be ineligible for this grant.

Q. Will Kansas prioritize the grant applications it receives for this program, and if so, how?
A. Yes. In trying to ensure that every Kansas resident has access to broadband, our first priority is to focus on grant applications that will serve households and businesses in unserved areas. This is defined as a designated geographic area in which households or businesses are without a fixed, terrestrial connection supporting at least 100 Mbps download and 20 Mbps upload speeds.

Q. Can a government/business partnership be considered eligible?
A. Public/Private partnerships are welcome and encouraged.

Q. When is the last possible date to enter applications?
A. The last day to submit an application will be Monday, June 19 at 5 PM CST. The earlier it is submitted the quicker we can review the information.  If there is a delay to the start, we will adjust the dates.

Q. Please clarify, did you say you will review applications as they are received? Or wait until the deadline to begin evaluating the applications?
A. Applications will be reviewed as soon as they are received.

Q. How will they work the window if not everyone submits at the same time?
A. The earlier it is submitted the quicker we can review the information.  All applications will receive equal consideration through the 6-week application window.

Q. What time of day is the official deadline for submission on Monday, June 19?
A. 5 PM CST.

Q. Are we able to submit multiple applications?
A. Multiple applications are allowed.  If you intend to do so, please let us know which of them is ranked #1, #2 etc.

Q. If we submitted an application for CPF Broadband Infrastructure Program that was not funded, can we resubmit for LINC Broadband Infrastructure Program?
A. Applications submitted in the CPF Infrastructure Program that meet or are modified to meet the LINC Infrastructure Program Guidelines are eligible for re-submission.  KOBD acknowledges that a re-scoping of the application may need to occur.

Q. Would you rather see a project that includes a small community and a rural area as one application or keep those separate in two applications.  Jade mentioned keeping the higher cost areas for this program and more populated areas for BEAD.
A. Either way is acceptable. 

Q. Do we have to submit all documents at once? Specifically, if a community wants to invest in our project but it needs council/commission approval, the 6-week timeline may be difficult.
A. If an applicant is in a situation requiring council/commission approval, it is recommended an application be submitted and let us know that more information will be coming.  That way an initial program review can take place and we will then connect with the applicant to discuss any missing or delayed information such as described in this question.

Q. I assume you are using the “Submittable” system for applications?  Is the “one at a time” restriction still there, or can we work on multiple applications at the same time?
A. This is a function that is inherent to Submittable.  A team can collaborate on one project but only one project submission can be open for the responsible persons login.  However, if you set up multiple email addresses for an end user, you could theoretically have multiple submissions going.  

-For example, I could create multiple email addresses and monitor those boxes, i.e., [email protected], [email protected], etc. When creating the submission, create a different login/email address for each project you wish to have open at once.  This should allow you to work on multiple project submissions at the same time.

Q. Is there a scoring criterion?
A. The application is divided into three areas and will have an overall “weighting” per area as follows:  Approximately 50% will based on technical components, approximately 15% on financial components and approximately 35% on project components.  Please refer to the posted guideline document for a more definitive breakdown of the sub-parts for each area.

Q. Is there any guidance that can be provided when submitting confidential information?
A. Anything an applicant marks as Confidential and Proprietary will not be posted.  If we have questions about the material, we will initiate a discussion with the applicant prior to posting any documentation.

Q. Will public comment challenges be announced?
A. We will work with the applicant and challenger to come to a resolution for each challenge that is received.

Q. If a proposed project partially infringes on an area already served with 100/20 Mbps (as found during a challenge process), would the entire application be rejected, or would the applicant have a chance to redraw their proposed project area?
A. We would give the applicant the opportunity to resubmit their application so their proposed project would not cause an over-build into an area already served at 100/20 Mbps.

Q. Would you happen to have a copy of the presentation today or will it be posted on the website?
A. The entire webinar and PowerPoint slides will be posted on the KOBD web page upon rendering. 

Q: How did the State of Kansas determine that $60 per month for qualifying broadband service is an affordable price point?  
A: The White House Broadband Summit established $60 per month as an affordable goal for service providers to achieve.  Service providers will be measured against this goal within the LINC Program. 

Q. If we have further questions about anything on this grant program, who do we send our questions to for a response.
A. Use this email for all LINC Infrastructure questions: [email protected]. The question will be directed to someone to log, review and then respond.

Q:  The applicant will be required to submit plans showing it complies with applicable employment laws and to ensure that its workforce is appropriately skilled.  All applicants will be required to sign an agreement stating that they are in compliance with applicable employment laws.

1. Can we please request a draft of this? 
2. In addition, can we see a draft of the overall grant agreement (if they are different)? 

A: Answers to each of the questions are detailed below:

1. Providers will need to validate that they comply with the applicable employment laws and overall guidance listed below, which will be included in the document:

• Chapter 44, Labor and Industries, of our Kansas Statutes is the primary source of any state employment laws that would be applicable to Kansas employers. This includes laws relating to:
  • workers compensation beginning at K.S.A. 44-510(b),
  • the payment of compensation beginning at K.S.A. 44-313,
  • the Kansas Act Against Discrimination codified at K.S.A 44-1001 et. al,
  • other laws governing discrimination in employment codified at K.S.A. 44-1110 through K.S.A. 44-1138,
  • the Minimum Wage and Maximum Hours law found at K.S.A 44-1201 et. al.

Not all provisions within these statutes will necessarily apply, nor is this list all inclusive of all state employment laws.  Providers are encouraged to review the Labor and Industries section of our Kansas statutes and see which may be applicable to your organization. 

• The draft of the overall agreement will not be available during the application process.  It will now only be made available to applicants who are selected for application interviews.

Q:  We have a few questions about the co-investment element of the program (found on page 42 of the LINC Program Guidelines).

1. Say we identify a co-investment Sponsor who is willing to commit funds to our proposed project. Do we work out the details of the sponsorship with the Sponsor on our own terms, or are we expected to sign some kind of contractual agreement with the Sponsor and provide evidence of that in our application?
   • If a contract between Applicant and Sponsor is expected, does the KOBD have a form of agreement we should use?
   • If a contract between Applicant and Sponsor is not expected, is the Letter of Commitment (mentioned on page 19 of the guidelines) sufficient evidence of their investment?
2. If we are awarded a grant, will co-investment partners be party to the Grant Agreement between the Applicant and the KOBD? (i.e., will they need to sign it as well?)
   • If they are a party to the Grant Agreement, do they become co-owners of the infrastructure in any way?
3. Say a co-investment Sponsor submits a Letter of Commitment, and we are awarded a grant, but later the Sponsor does not provide their funds for whatever reason. Would we be able to make up the difference in matching funds and maintain our grant award status?
4. Is there a minimum co-investment requirement?
5. Will the scoring change if the co-investment is more or less?

A:  Answers to each of the questions and sub-questions are detailed below:

1. The co-investment sponsor and the applicant will need to formalize the details of the sponsorship between the two parties.  A letter from the co-investment sponsor organization to KOBD detailing the amount committed to the specific project is the only item required for the application. 
   • KOBD does not require a contract to be executed between the co-investment sponsor and the applicant.  However, KOBD does not preclude one from being executed.  As such, KOBD does not have a recommended form of agreement to use if the parties choose to execute a contract agreement to formalize the relationship.
   • Given that a contract between the applicant and co-investment sponsor is not required, the Letter of Commitment is sufficient evidence of co-investment sponsor’s intended investment.
2. The grant is awarded to the applicant and as such, the grant agreement is between KOBD and the grantee.
   • Since the co-investment partner is not party to the grant agreement, they are not co-owners of the infrastructure. 
3. If after a grant award, a confirmed co-investment sponsor does not provide their funds for the project, the grantee must make up the difference in matching funds and maintain the grant award status.  Failure to make up the difference will result in a default of the grant agreement.
4. There is not a minimum co-investment requirement.
5. The application will receive a higher score if a co-investment is included in the application.

Financial Questions:

Q. Are the staff labor costs to prepare the grant an eligible cost?
A. No. Grant preparation staff costs are not eligible expenses.  Please see the posted guideline document for eligible and ineligible costs.

Q. For the Broadband Infrastructure program and the sliding scale match, what are some determining factors in where an applicant might land in that range?
A. Cost per location passed is the determining factor.  There is a calculator in the guidelines to assist in determining this match.

Q. Are you accepting in kind match as a part of the % match?
A. Yes, up to 50% can be in-kind for the Broadband Infrastructure and Middle Mile programs match. In-kind match can be up to 100% of the applicant match for the IXP program.

Q. Will county ARPA funds be allowed to be used as part of the match?
A. Yes.

Q:  Are long-term capital asset purchases an eligible grant expense?
A:  Making a long-term capital asset purchase ineligible prevents providers from assigning the entire cost of a large ticket item solely against the total project cost.  If allowed, this would enable long-term capital asset purchases that have a useful life well beyond the grant period to be used for other projects not receiving funding from KOBD, which is not the intent of the program.  Use and cost of the long-term capital asset during the project period would be an eligible cost as long there’s supporting documentation providing that this is the most cost-effective method of procuring and using the capital asset to complete the project scope.  However, this approach must be approved by KOBD prior to long-term capital asset allocation inclusion.

Technical Questions:

Q. Would you please further define what you are looking for under “operational validation plan” in the technical project plan and milestones template?
A. For the “Operational Validation Plan”, that would be a process for your company to ensure there is some kind of a checklist that allows you to ensure all items needed to make the network operational have been completed. Some ISP’s call this an “Inspection and Acceptance” process. It could include items such as: Inspecting splice closures to ensure no leaks, cable and wire continuity tests to ensure no missing connections, check network interface devices or any other work a sub-contractor may have done to ensure compliance with their contract, and ensure the as-built drawings are updated etc.

Q. Can you explain what having 100/20 Mbps speeds “enabled” means when viewing areas covered under LINC Infrastructure with fixed wireless internet?
A. Having 100/20 Mbps speeds “enabled” means that each location within the service area is capable of receiving/delivering at least 100/20 Mbps service and the provider is able to fulfill service order for at least 100/20 Mbps within 10 business days of initial service request.

Q: What happens if the FCC Broadband Data Collection Service Availability Information from December 31, 2022 is released after application window closes.
A: KOBD will use the FCC Broadband Data Collection service availability information from December 31, 2022 if it becomes available before or during the application evaluation window and does not impact the overall award timeline.

Frequently Asked Questions:

Q:  This slide shows no price freeze, but the other guidelines mention a $60 price threshold. How long is the $60 price threshold required to be maintained?
A:  The $60 per month for 100Mb speeds is a suggestion that stems from two sources: 1) The broadbandnow.com state ranking methodology for broadband access uses a criterion of $60 to designate affordable broadband service. The availability of this price point throughout the state affects our state’s ranking and is considered a strong source for affordability benchmarks. 2) The White House Broadband Summit established $60 per month as an affordable goal for service providers to achieve.

Service providers will be measured against this goal within the LINC program but will not be required to maintain this threshold.  There is not a time frame required but the preference is 100/20 or 100/100 at a rate of $60 per month for a reasonable amount of time.  Should the applicant be selected for an interview, the applicant will be asked to define what a reasonable amount of time is during the interview.

Q:   On the application, if a company can provide higher speeds than 100/20 will this improve your chances?
A:  Yes, higher speeds will have a greater preference.  Scalability to speed targets as listed in the program guidelines will also be given a preference.

Q:  How are you looking at funding other technologies when systems such as wireless aren’t scalable to 10Gbs?
A:  Other technologies will be evaluated on the demonstrated need as mentioned and, on a case-by-case basis to ensure it is a unique circumstance and perhaps waive the 10G requirement.

Q:  Pg 17. “Broadband Data Collection Fabric for the proposed project service area NAMING CONVENTION: LINC_OrgName_GeographicIdentifer_BDCFabric.xls”  …..How is this different from the “Existing Broadband Service Availability Data For Proposed Service Area” on pg. 22?
A:  They are the same file templates but under different naming conventions.  Please use the file naming convention listed on page 22 when submitting the proposed service area data.

Q:  “service providers submit their most up to date broadband coverage.” – then says ‘ The FCC BDC submission data set that should be used to populate this template is dated June 30, 2022” .. most up to date or data from June 30?
A:  The FCC Broadband Data Collection Fabric service availability data may not be updated before the application evaluation window starts.  KOBD desires to use the most up to date service availability data to ensure LINC applications do not propose infrastructure builds where qualifying broadband services already exist.  Please provide the most up to date data so that KOBD can validate where any overlap may occur.

Q:  If a middle mile project crosses the state line by 2 miles, would just the Kansas portion qualify?
A:  Given that State of Kansas funding is being used to build the middle mile infrastructure, the middle mile infrastructure must reside in the State of Kansas. Funds cannot be provided for middle mile infrastructure outside the state boundaries of Kansas. As such, middle mile facilities outside Kansas geographic boundaries are not eligible for funding.  However, if an end-to-end middle mile solution crosses state boundaries, the portion that is physically within Kansas geographic boundaries will be eligible for funding.

Q:  On pg. 25 of the program guidelines, 5th bullet… ineligible areas include “RDOF with more than 100/20 wireline/fiber speeds enabled”.  Does this mean that an RDOF area served by the RDOF winner with 100/20 wireless is eligible?
A:  An RDOF area that will be served by an RDOF award winner with 100/20 Mbps wireless service who has received authorization of support is indeed eligible for funding.  Specifically, KOBD does have the flexibility in this program to award grants in RDOF areas that have the following status: “Winning Bidder / Awarded”, “Ready To Authorize” or “Received Authorization Of Support Notice”.  However, KOBD is encouraging providers to identify areas and associated location IDs that have no potential future funding opportunities and submit applications for those areas. 

In the event that an application is submitted and is overlapping with the RDOF areas that are in an “Winning Bidder/Awarded”, “Ready To Authorize” or “Received Authorization Of Support Notice” status, KOBD will still evaluate the application.  Given the anticipated oversubscription rate for the LINC Program, funding priority will be given to unserved areas where there are no potential funding opportunities or grants already awarded.  As stated in the LINC Program webinar, there are a few criteria in which KOBD would consider funding an application that is overlapping an RDOF area:

• if RDOF territory isn’t scheduled to be built out and ready for service within 24 months from the LINC Program award announcements (anticipated in September 2023).
• if the RDOF award does not align with overall LINC program improved service intent.
• If the application’s project justification clearly and strongly makes the case for the investment, benefits to the community and why LINC Program funds should be used to overbuild an area where other potential future funding sources will be enabling unserved locations with qualifying broadband speeds.

Given the criteria for funding such an application, KOBD does not preclude an award from being made in these areas.  However, KOBD would expect very few applications to be awarded with RDOF area overlap given the significant number of areas that are in need of broadband services that are not currently targeted with other potential future funding opportunities.

Q:  How do we know for sure the BDC map is correct or not as it shows some regulated areas that are FTTH as not being served?
A:  KOBD is using the FCC’s Broadband Data Collection Service Availability data and is presumed to be accurate until the data is proven otherwise.  If the data is suspected to be inaccurate, KOBD recommends the applicant use FCC’s challenge process to resolve any disputes.  However, if there is concern that the map is inaccurate for application submission or public comment submission is not accurate, surveys / speed tests of proposed projects areas can be used to refute the data, as outlined in the guidelines.    

Q:  Will KOBD provide KMZ maps of previous grant awards (Acceleration Year 1, Acceleration Year 2, and CPF) so applicants do not include these in their applications?
A:  KOBD will provide .kmz maps of previous grant awards areas for the Acceleration 2.0 and CPF programs.  No maps will be provided for CERG and Acceleration 1.0 as those footprints are in service and should already be reflected in the FCC’s Broadband Data Collection service availability information.

Q:  Do you have a recommended data sources for targeted populations discussed early in the webinar?

A:  Yes, please see the hyperlink below that will direct you to a PowerBI site that showcases digital equity gaps for Kansas, in addition to all 50 states.

https://app.powerbi.com/view?r=eyJrIjoiM2JmM2QxZjEtYWEzZi00MDI5LThlZDMtODMzMjhkZTY2Y2Q2IiwidCI6ImMxMzZlZWMwLWZlOTItNDVlMC1iZWFlLTQ2OTg0OTczZTIzMiIsImMiOjF9

Q:  Do we need to update all our CPF letters of support for a proposed area, especially if there has been no other funding awarded for that area?
A:  No, CPF letters of support do not need to be updated if submitted in the prior CPF program.   However, for any co-investment commitments that were made within previous letters of support, those letters will need to be updated to reflect any changes in co-investment commitments.

Q:  My question is regarding RDOF as it relates to the LINC program.  In the final guidelines for the LINC program, RDOF is mentioned (emphasis added):

• Page 11: “Areas that have been awarded RDOF funds will be considered eligible if:”
• Page 25: “Areas with certified awards thru the FCC Rural Development Opportunity Fund (RDOF) with more than 100/20”

I am looking to clarify this terminology.  My questions:

1. Do “awarded” and “certified awards” as noted above refer to those applicants who have achieved either “Ready to Authorize” (as currently updated 12/16/2022) or “Authorized” (as currently updated 1/13/2023) status?

If the answer to #1 above is no to both categories:

2.1. What FCC status would be considered “awarded” or “certified awards”?

2.2. Would any census blocks defaulted (as currently updated 12/15/2022) be eligible for LINC?

A:  Thank you for your questions regarding the KOBD LINC grant program.  The following answers are provided to clarify the RDOF references made on page 11 and on page 25 in the program guidelines: 

1. Referencing the page 11 verbiage “Areas that have been awarded RDOF funds will be considered eligible if:”.  In this context, “areas that have been awarded RDOF funds” is defined as having a status of “Winning Bidder/Awarded”, “Ready To Authorize” or “Received Authorization Of Support Notice”.

2.1. Referencing the page 25 verbiage “Areas already receiving funding for broadband expansion from other sources are ineligible.  Ineligible areas include but are not limited to:  Areas with certified awards thru the FCC Rural Development Opportunity Fund (RDOF) with more than 100/20 Mbps wireline/fiber speeds enabled”.  This is referencing RDOF areas with the status of “Winning Bidder/Awarded”, “Ready To Authorize” or “Received Authorization Of Support Notice” that have committed to delivering 100/20 Mbps or greater speeds using a wireline/fiber based architecture.

2.2. Any census blocks that were defaulted will be eligible for funding within the LINC program.