Broadband Acceleration Grant
Year 4

Program Inquiries

Questions regarding the application process will be accepted from the start of the application window for two (2) weeks (January 29, 2024 to February 12, 2024), after which no additional questions will be accepted.  KOBD will review all submitted questions and provide a written response as appropriate, which will be posted to the KOBD webpage for viewing one (1) week from submission.

Eligibility

Eligible Applicants

Applicants must be authorized to provide broadband services in the proposed area.  Eligible applicants include:

• Political subdivisions or entities of political subdivisions
• Tribal Governments
• Corporations
• Limited liability companies
• Co-operatives
• Electric Utilities
• Partnerships or other business entities
• Non-profit organizations
• Those authorized to provide broadband services in the proposed service area 

Service providers will be required to be an active participant in federal subsidy programs prior to application submission to optimize digital inclusivity and adoption, including partnering with school districts and colleges to raise awareness of subsidy programs (i.e., Lifeline, Affordable Connectivity Program, Emergency Connectivity Fund).  Service providers are also encouraged to partner with local housing agencies to take advantage of programs that benefit multi-dwelling units.  The applicant must be an established service provider that has been operating for a minimum of three years in the State of Kansas.

Speed Guidelines

• The minimum qualifying program speed is 100/20 Mbps.  It is expected that this service speed and an associated price point are included as part of the customer offer within the application.  To meet the minimum qualifying 100/20 Mbps speed, a service provider must offer 100 Mbps downstream coupled with a 20 Mbps upstream service speed or higher.  Any speeds lower than 20 Mbps upstream, coupled with 100 Mbps downstream speeds will not meet the minimum program requirements.  See “Unserved” and “Served” definitions in Key Definitions section for further details
• If a 100/100 Mbps symmetric speed is already in the service provider’s portfolio or a service provider has aligned to symmetric speeds within their broadband portfolio, the 100/100 Mbps service speed will be accepted as meeting the program minimum speed.  It is expected that this service speed and an associated price point are included as part of the customer offer within the application.  This is intended to prevent rework within the service provider community and minimize any impacts to existing customer bases
• If a service provider’s minimum portfolio speed is greater than the minimum program speed of 100 Mbps, KOBD will accept a speed greater than 100 Mbps in lieu of the minimum program speed.  However, the speed must be symmetric.  It is expected that this service speed and an associated price point are included as part of the customer offer within the application
• If the minimum speed proposed is greater than 100 Mbps, the higher speed will still be evaluated against the affordability goals since the intent is to enable affordable high-speed broadband within the communities the application will serve.  See “Affordability Goals” section for guidance
• Symmetric services are encouraged to be proposed to ensure Kansans have the greatest flexibility to maximize concurrent application use and digital economy participation

Affordability Goals

• The affordability target for a 100 Mbps speed solution is defined as approximately $60 per month, or less.  This includes 100 Mbps asymmetric and symmetric services
• Service providers are encouraged to offer a 100 Mbps service with a $60 per month or less price point outside of the assistance of the federal subsidy 
• If a service provider’s minimum program speed is greater than 100 Mbps and is proposed in the application (per Minimum Speed Guidelines section), the service provider should target a price point of approximately $60 per month, or less, to meet the program affordability intent
• Service providers will be measured against this goal within the BAG 4.0 Program but will not be required to maintain this threshold.  There is not a timeframe required but the preference is 100/20 Mbps or 100/100 Mbps 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.  Please reference the Key Definitions section for detail regarding the Affordability Goal

Eligible Areas

The purpose of the grant is to facilitate broadband access to unserved areas with demonstrated need and may include residential, business, and community anchor institution locations.  Unserved is defined as a designated geographic area in which all households or businesses are without a fixed, terrestrial connection supporting at least 100 Mbps download and 20 Mbps upload speeds.  See Key Definitions section for further “Unserved” details. 

Proposed service areas are not required to be contiguous within an application.  However, non-contiguous areas more than 10 miles apart within the same application must include an explanation of how the economic and community impact is the same for the proposed areas.  Middle mile expenses are eligible for grant funding only when necessary for the provision of last-mile services described in the application.  Any submitted application must include the applicant’s most recent FCC Broadband Data Collection Fabric submitted mapping data for their Kansas service area to ensure KOBD has the latest broadband footprint information from the applicant.  This is in addition to the required maps for the actual application area.  Service providers may submit multiple applications. 

RDOF areas with a status of “Winning Bidder/Awarded”, “Ready to Authorize” or “Received Authorization of Support Notice” will be considered eligible if:

• RDOF deployment timelines do not align with BAG 4.0 requirements within twenty-four (24) months
• The RDOF solution in either of the three status categories above does not align with overall BAG 4.0 Program improved service intent

KOBD will continue to prioritize project areas that have not been awarded funding for service that meets or exceeds 100/20 Mbps.  Projects that target other priority areas such as unserved locations, economically distressed areas and covered populations will be scored more favorably.  If 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 BAG 4.0 Program, funding priority will be given to unserved areas where there are no potential funding opportunities or grants already awarded.  If the application’s project justification clearly and strongly makes the case for the investment, benefits to the community and why BAG 4.0 Program funds should be used to overbuild an area where other potential future funding sources will be enabling unserved locations with qualifying broadband speeds, funding may be granted in the overlapping area.  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.

Eligible Costs

The BAG 4.0 Program will cover up to 50% of eligible construction related project expenses for an eligible broadband project.  Eligible broadband project expenses are terrestrial capital expenses directly related to the construction related costs associated with the broadband infrastructure build required for installation and/or acquisition of middle-mile and last-mile broadband infrastructure to provide broadband access to additional residential, business and community anchor institution locations.  Last mile is defined as the final leg connecting a broadband service provider’s network to the end-user customer’s on-premises telecommunication equipment.  Middle-mile expenditures are eligible only when necessary to provide last-mile services.

Examples of eligible construction related project expenses are: Project construction, construction permits, construction of facilities, construction-related engineering or re-engineering, network equipment, supplies, materials, direct labor, installation and test of network and end-user services.

Grant expenses must be incurred, and funds expended during the project period per the official grant agreement.  Funds may be used for costs incurred after January 29, 2024, subject to approval. 

Ineligible Costs

Ineligible costs include, but are not limited to:

• Acquisition of spectrum licenses
• Operating expenses related to the proposed application/project
• Short-term operation leases
• Satisfaction of any obligation
• Payment of interest or principal on outstanding debt instruments
• Maintenance expenses related to the proposed application/project
• Infrastructure not directly connected to service provision for an end-user in the proposed area
• Indirect labor costs (fringe/benefits, travel, meals, lodging, paid time off, etc.)
• Long-term capital asset purchases/leases, although cost allocation for use during the project period will be considered on a case-by-case basis
• Federally funded areas providing qualifying speeds of 100/20 Mbps or higher are not eligible if the project deployment timeline is within twenty-four (24) months
• Preconstruction planning, design or preconstruction engineering associated with the project

Application Process

The KOBD will conduct a webinar informing potential applicants of the BAG 4.0 Program grant opportunity, and the guidelines will be posted online for applicants to review.  To apply for the grant award, applicants will be invited to submit information on an established online portal.  This process will evaluate the project proposal, the technical project plan, and the proposed budget.  Business, economic, and community development professionals and technical experts will be enlisted to review project submissions.  Applicants being considered for the award will participate in a final interview to be held via an interactive meeting platform.  Once the final recommendation has been developed, the Kansas Department of Commerce leadership will review and finalize the award recommendations.

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.

Application Submission

The application information allows potential applicants to begin formulating a response to the grant opportunity.  The application window will be open for six (6) weeks.  KOBD reserves the right to modify the program guidelines and/or application window timeframes to generate an adequate number of viable projects. 

The application contains three primary sections: Project Proposal, Technical Project Plan, and Project Budget.  The submission will require documents designated for public posting during a public comment period.  Citizens will be provided with the opportunity to comment on proposed projects during the Public Comment Period.  If multiple applications cover the same service area, KOBD will select the project that provides the most significant benefit to Kansans.

Key Project Data & General Project Information

Key project data will be captured for the applicant and the project, including:

• Primary Organizational Contacts (Project and Technical)
• Total Project Amount, Grant Funds Requested, and Matching Amount
• City(s) and County(s) impacted
• Projected download and upload speeds of the proposed project
• Number of locations enabled: premises, households, businesses, and community anchor institutions

General Project Information

Applicant must provide the following information:

• Project Contact Information
• Project Name (Organization Name + Geographic Identifier)
• Proposed Target Reach
• Unserved Area: 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.  See Key Definitions section for further details
• Economically Distressed Area: KOBD will consider an area economically distressed if either the 2022 per capital BEA PCPI or PCMI metric is below the 80% threshold.  See Key Definitions section for the list of all Kansas counties that qualify as economically distressed 
• Covered Population:  Aging individuals; incarcerated individuals, other than individuals who are incarcerated in a Federal correctional facility; veterans; individuals with disabilities; individuals with a language barrier, including individuals who – (i) are English learners; and (ii) have low levels of literacy; individuals who are members of a racial or ethnic minority group; and individuals who primarily reside in a rural area
• Requested Grant Amount
• Total Project Amount
• Counties in the Proposed Service Area
• Cities in the Proposed Service Area
• Broadband Data Collection Fabric for the Proposed Project Service Area
• Proposed Infrastructure Type
• Proposed Download/Upload Speed
• Number and Type of Locations Proposed to Be Served
• Households
• Education Institutions
• Healthcare Organizations
• Businesses
• Municipal Organizations
• Libraries
• Total Community Anchor Institutions
• Affordable Connectivity Program participation

Project Proposal Publicly Posted

Please upload a zipped file containing the Project Proposal and Public Proposed Service Area map to be published on the program website for public comment.

• NAMING CONVENTION: BAG4_OrgName_GeographicIdentifier_PublicProposal

Please include:

• An executive summary of the project: This narrative overview should include the goals of the project, needs addressed, a description of the proposed service area, community partners, stakeholders involved, and the intended impact 
• A description of the location (City(s), County(s), etc.), proposed service areas, partners involved, and anticipated improvements
• Goals of the project and community need to address including whether the proposed area is unserved or economically distressed or what the compelling need is, if served
• The proposed infrastructure and access improvements planned, including the number of proposed connected premises and community anchor institutions, businesses, or other organizations and the recipients to be served by the project
• The short and long-term investment benefit to the community and service area proposed

Service Area Map *Publicly Posted*

The public service area map must document the proposed service area including details for the proposed service locations.  The public map should be in .kmz format and zipped with the Public Proposal.

The public map will reflect all details that need to be disclosed for the public comment phase of the program, including: 

• An outlined shaded service area of the proposed area to be served
• The fiber route(s) and proposed service locations (use yellow for new fiber routes; use red for existing fiber routes, with opacity of the shaded proposed service area at 50%)
• Wireless projects: RF prediction map depicting the location of the transmitter, its footprint, and proposed service locations identified
• A legend defining all unique data points on the map
• FIBER Public Map (.kmz): Provide a public facing map that only depicts the proposed hardline routing (coax or fiber) to be funded by the grant
  • NAMING CONVENTION: BAG4_OrgName_GeographicIdentifier_PUBLIC_FIBERMap
• HFC Public Map (.kmz): Provide a public facing map that only depicts the proposed hardline routing (hybrid fiber coax) to be funded by the grant
  • NAMING CONVENTION: BAG4_OrgName_GeographicIdentifier_PUBLIC_HFCMap
• FIXED WIRELESS PUBLIC MAP (.kmz): Provide an RF prediction map depicting the location of the transmitter and its footprint.  The map should only indicate coverage areas where -78dBm or better is met
  • NAMING CONVENTION: BAG4_OrgName_GeographicIdentifier_PUBLIC_FixedWirelessMap
• MOBILE WIRELESS Public Map (.kmz): Provide an RF prediction map depicting the location of the transmitter and its footprint as follows.  Map should only indicate coverage areas where -102dBm or better is met
  • NAMING CONVENTION: BAG4_OrgName_GeographicIdentifier_PUBLIC_MobileWirelessMap

Community Partners, Roles And Letters Of Commitment

Narrative

Please provide a narrative describing any community partners associated with the project’s planning, promotion, adoption, or use.  Describe each party’s commitment and role in the project.  Include any community anchor institutions (CAI) such as municipalities, chambers of commerce, economic development organizations, educational institutions, healthcare organizations, libraries, public safety, or other CAIs, along with businesses, non-profits, and other community stakeholders.

Letters Of Commitment, Letters Of Support

Please provide letters of commitment outlining the explicit commitment and role of committed partners, and letters of support as indicated.  For multiple partners, please consolidate into a single .pdf or .zip file.

Each letter should include the following:

• Dated letter with official organization’s logo at top of letterhead
• Body of letter identifying the partner relationship and the role of the organization in the project
• Approving person’s signature authorizing the commitment

Letters of commitment from the partners must include the following additional details:

• Planning, Engineering, and/or Construction partners 
  • Validated estimated costs in proposed budget
  • Confirmation of their ability to complete their specific service/role in the project within the performance period
• Co-Investment partners
  • Co-investment funding source
  • The amount of co-investment
  • The specific broadband infrastructure program they are applying the co-investment funds to (i.e., the name of this program)
• Financial partners 
  • Verification that the applicant has sufficient funds available to provide the minimum applicant match amount for the project
  • Letter must include minimum applicant match amount

Broadband Service Availability Justification

If an applicant’s proposed service area includes location IDs that are served by 100/20 Mbps speeds or higher (see “Served” definition in Key Definitions section), the applicant must provide justification on why the proposed service area includes these locations.  Specifically, for the locations where the FCC BDC data shows an existing service provider offering speeds equal to or greater than 100/20 Mbps, the applicant must explain why grant funding should be used to enable speeds that already meet or exceed program requirements.

The presence of existing infrastructure with qualifying broadband speeds of 100/20 Mbps or location ID alone does not disqualify an area from the grant process.  For example, fiber for residential service may be constructed in an area but service is not yet available to specific locations, or the address lacks a service drop that can be provided within ten (10) business days of service order.  Additionally, fiber might run through an area but not be available for residential services along that route (e.g., backhaul service to a tower location).  A location ID will be deemed ineligible if service is available with a fixed terrestrial connection of 100/20 Mbps speeds at specific locations. 

Ineligible Areas

Areas already receiving funding for broadband expansion from other sources are ineligible.  Ineligible areas include but are not limited to:

• Areas awarded Coronavirus Relief Fund Connectivity Emergency Response Grants (CERG) with more than 100/20 Mbps speeds enabled
• Areas awarded Broadband Acceleration Grants for Year 1 (BAG 1.0) that meet the “Served” criteria
• Areas awarded Broadband Acceleration Grants for Year 2 (BAG 2.0)
• Areas awarded Broadband Acceleration Grants for Year 3 (BAG 3.0)
• Areas awarded Lasting Infrastructure and Network Connectivity (LINC) grants
• Areas awarded NTIA Tribal Broadband Grants
• 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.  Areas with certified awards thru the FCC Rural Development Opportunity Fund (RDOF) with more than 100/20 Mbps wireline/fiber speeds enabled
• United States Treasury Capital Projects Fund (CPF) Broadband Infrastructure grant awards

Note: Areas where applicants forfeited grant awards will remain eligible.

Previous KOBD programs awarded to a municipality to serve community anchor institutions for public safety, or an enterprise-focused award will not be disqualified for a new residential proposal. 

NOTE: Applicants falsifying location eligibility may be subject to grant rescindment and/or restricted from future program participation.

Fixed Broadband Availability Data Specifications Requirements

Facilities-based providers of fixed broadband service must report data on their service availability and proposed service availability within Kansas for the BAG 4.0 Program in one of two formats:

• A list of locations served by the provider, in a tabular format, where the locations are based on the FCC’s Broadband Serviceable Location Fabric, or
• A polygon representing the availability of the provider’s service in one of the acceptable GIS formats listed below

Service provider applicants or public commenters must use one of these formats for their fixed availability data and/or public comment challenge data.  They may not submit fixed availability data in multiple formats for any one proposed service area, any one service availability data for existing service areas, or any one public comment challenge data set.  Multiple formats may be submitted from one service provider if the data set reflects:

Regardless of the format chosen, providers of fixed broadband service must base their service

availability footprints on the definitions and standards specified in the Broadband DATA Act and adopted by the FCC.  Specifically, providers reporting fixed service must identify the specific locations in areas where they have built out their broadband network infrastructure and to which they either currently provide service or could perform a standard broadband installation.  A standard installation is defined in the Broadband DATA Act as “[the] initiation by a provider of fixed broadband internet access service [within ten (10) business days of a request] in an area in which the provider has not previously offered that service, with no charges or delays attributable to the extension of the network of the provider.”

Fixed Wired Reporting

Providers of fixed wired broadband service must not exceed specific maximum buffer distances around their aggregation points when reporting service availability based on their wired technologies.  Buffer distances from the aggregation point to the location served are measured in route distance and must reflect where providers have deployed their last-mile distribution networks.  Providers may not create and submit a coverage area based on an aerial (or “as the crow flies”) radius around an aggregation point.  Below is a summary of the maximum buffer sizes:

• For providers using Digital Subscriber Line (DSL) technologies to offer speeds at 25/3 Mbps or greater, the maximum buffer is a distance of 6,600 route feet from the DSL Access Multiplexer (DSLAM) to the covered premises
  • Providers that make fixed DSL service available at a maximum speed less than 25/3 Mbps in an area will not be subject to a maximum buffer requirement for such areas. However, these coverage areas must include only the areas where the provider has actually built out their broadband network infrastructure, such that they are able to provide service or could perform a standard broadband installation
• For providers using Hybrid Fiber Coax (HFC) technology, the maximum buffer is 12,000 route feet from the aggregation point to the customer premises
• For providers using Fiber to the Premises (FTTP or fiber) technologies, the maximum buffer is 196,000 route feet from the Optical Line Terminal (OLT) to the Optical Network Termination (ONT)
• For all fixed wired technologies, the buffer distance from the aggregation point shall include the drop distance.  The drop distance is a maximum of 500 feet from a deployed line or distribution network infrastructure to the parcel boundary of a served location

These buffers are not safe harbors or substitutes for a provider’s own determination of the extent of the actual availability of its service.  Instead, the buffers are maximum distances that wireline broadband service providers may not exceed in filing their availability data except where a specific exception applies.  In their availability reporting, filers should only include locations outside of the prescribed buffers under the following circumstances:

• The filer has served a current or former subscriber using speed and technology
• The locations are in an area in which the provider is receiving or has received universal
  • service support to provide broadband service—or has other federal, state, or local obligations to make service available in the area—and the provider makes service available in that area
• The Federal Communications Commission has granted a waiver to exceed the buffers based on a specific shown by the provider

Terrestrial Fixed Wireless Reporting  

Fixed wireless providers that submit availability information in a coverage polygon format must base their coverage on propagation modeling.  Fixed wireless providers must use the following parameters in their propagation modeling when generating their coverage for the BDC:

• A minimum 75% cell edge probability
• A minimum 50% cell loading factor and
• Receiver heights within a range of four to seven meters

Table 3:  Terrestrial Fixed Wireless Reporting Description

Fixed Broadband Availability Location Lists

If an applicant chooses to submit availability data using this format, the file must contain a list of the locations served by a fixed broadband provider.  The locations should match and conform to the locations in the FCC’s Broadband Serviceable Location Fabric, which will include a unique identifier, the geographic coordinates, and, where available, the address(es) associated with each location.

Because a provider could potentially serve an individual location using multiple technologies, each with its own maximum advertised download and upload speeds, latency flag, and business/residential category, a location can be included multiple times.  However, each technology offered to an individual location should have only one record for each combination of location, technology, and business/residential category (in cases where a provider offers a distinct residential service and distinct business service at a location).  The record should include a single maximum download speed, maximum upload speed, and latency flag for that technology.

Any service that does not offer maximum advertised speeds that are at least 25 Mbps download and 3 Mbps upload should be reported as either 10/1 Mbps or 0/0 Mbps based on the guidance in the table below.  When service is offered to a location with multiple potential or existing connections, the filer should report the maximum advertised download and upload speeds offered to end users at the location (not the aggregate bandwidth deployed by a provider’s network to the building).  If no maximum downstream or upload speeds are advertised for the service, enter the speeds that end users should expect to receive.

The file with the list of locations where the service is available must be uploaded in Comma Separated Value (.csv) format and match the specifications in the table below.  All values are required.  Additional information on the formatting of the Location ID field will be provided at a later date.

Table 4:  Fixed Broadband Availability Location Attributes

Fixed Broadband Availability Coverage Maps

If a fixed broadband provider chooses to submit availability data as a coverage polygon, rather than the list of locations described in Section 6.1 of the FCC’s “Broadband Data Collection: Data Specifications for Biannual Submission of Subscription, Availability, and Supporting Data” (dated February 7, 2023), the data file must contain GIS data with polygon geometries and associated data attributes.  The data must be submitted in one of the following GIS data formats: ESRI Shapefile, ESRI FileGDB, GeoJSON, or Geopackage.  The required specifications for the data attribute table in the chosen GIS data file are outlined below in Table 5: GIS Data Attributes.

Coverage polygons must only encompass the locations to which the provider either currently provides service or could perform a “standard broadband installation” as defined in the FCC’s rules.  Each polygon should represent a unique combination of the following fields: providerid, brandname, technology, maxdown, maxup, lowlatency, and bizrescode.  When a service provider reports multiple technologies for the coverage areas, the different technologies (such as DSL and fiber) can overlap.  In addition, in cases where a provider offers a distinct residential service and distinct business service in an area, each with its own distinct maximum advertised download and upload speed, those coverage areas can overlap.  Otherwise, coverage areas for the same technology cannot overlap, and if residential or business mass market service is offered at different download and upload speed combinations using the same type of technology, the filer should report the highest speeds offered (based on the guidance below).  If service is offered at different maximum speeds in different areas, the provider must submit separate polygons representing the coverage areas of those different speeds, but the polygons must not overlap.

If no maximum downstream or upload speeds are advertised for the service, enter the speeds that end users should expect to receive.

Providers may split each map up into multiple files to facilitate the generation and submission of the GIS data, as long as the polygons in one file do not overlap with the polygons in another file for the same technology.

GIS Data Attributes

Table 5:  GIS Data Attributes

GIS Data Standards

The following data standards must be followed when providing GIS data sets:

• All files must contain valid GIS data in a supported file format (i.e., ESRI Shapefile, ESRI, FileGDB, GeoJSON, or GeoPackage)
• For ESRI Shapefile or ESRI FileGDB data, GIS data must be submitted as a single .zip archive file
• GIS data must use the unprojected (geographic) WGS84/EPSG:4326 coordinate reference system
• GIS data must contain well-formed 2D vector polygon data according to the OGC (Open Geospatial Consortium) rules
• GIS data must contain only closed, non-overlapping polygons
• Any variation in any of the required fields necessitates the creation of a separate polygon showing the relevant coverage.  In other words, each polygon must have a single value for each of the following fields: technology code (“technology”), maximum advertised download speed (“maxdown”), maximum advertised upload speed (“maxup”), low latency flag (“lowlatency”), and business/residential code (“bizrescode”)

Project Plan & Milestones

Applicants must upload a project plan in .xls or .pdf format that includes details relevant to each stage of the project and milestones for each phase of the project, covers the entire project period, and aligns to the proposed project budget.

 At a minimum, the plan should incorporate the following:

• Preconstruction Planning – Engineering
• Permitting – Leasing – Licensing
• Construction
• Equipment Installation
• Project Implementation
• Adoption and Marketing Outreach
• Operational Validation Plan

Consolidate multiple files into a single .pdf or .zip file.  A template is available online.

• NAMING CONVENTION: BAG4_OrgName_GeographicIdentifier_ProjectPlan

Technical Infrastructure Proposed

Four technology infrastructure solution outlines are identified below.  When submitting application data, select from one of the following infrastructure solutions that best represents the solution being proposed within the application and then following the guidance contained within the specific “Technical Infrastructure Proposed” section as applicable.  All backhaul/middle mile infrastructure needed to support the respective proposed last mile solution must be included in the documentation.

• Option A: Fiber To The Premise (FTTP)
• Option B: Fixed Wireless
• Option C: Mobile Wireless
• Option D: Hybrid Fiber Coax (HFC)

If Option A: Fiber To The Premise is chosen above:

Technical Infrastructure Proposed: Fiber To The Premise

• Provide a detailed description of the proposed fiber project [Text Box]
• In addition to the PUBLIC MAP provided earlier, provide a detailed “PRIVATE”/“PROPRIETARY” map in .kmz uploaded as a .zip file.  Please provide a .kmz map of the project (uploaded as a .zip file) to include:
  • Routes of all new plant to be funded by the grant
  • Existing plant (coax or fiber) feeding the proposed build-out
  • Delineate routing between types: coax and fiber
  • Delineation between which existing plant segments are new or existing
  • End point connections
  • Private/Proprietary marking designation as appropriate
• NAMING CONVENTION: BAG4_OrgName_GeographicIdentifier_PRIVATE_FIBERMap

Provide A Fiber Equipment Spreadsheet (.xls)

This will capture the type of equipment used within the solution and must include manufacturer and model number for the following at a minimum:

• Head end
• Access gear
• Cabinets
• NAMING CONVENTION: BAG4_OrgName_GeographicIdentifier_FIBEREQUIP

If Option B: Fixed Wireless is chosen above:

Technical Infrastructure Proposed: Fixed Wireless

• Provide a technical overview of the fixed wireless solution proposed [Text Box]
• FIXED WIRELESS PROJECT MAPS: [Upload] In addition to the PUBLIC Project Map uploaded earlier, please provide the following .kmz project maps for the fixed wireless project proposed.  These “PRIVATE”/“PROPRIETARY” maps should be labeled as such
• FIXED WIRELESS PROJECT MAPS *PROPRIETARY* Internal Review only (.kmz):
  • SERVICE AREA MAP: Provide a polygon of the desired geography to be covered by the project.  The map should only include areas where -78dBm or better is met.  The map should also include the following:
• Points inside the polygon of all CPE locations for fixed wireless connectivity
• Points for the locations of base station equipment
• NAMING CONVENTION: BAG4_OrgName_GeographicIdentifier_PRIVATE_ServArea
• RF PREDICTION MAP: Provide an RF prediction map depicting the location of the transmitter, its footprint, and a map legend.  Use an RSSI scale of -70dBm, -80dBm, -90dBm.  The map should also include:
• Base stations
• Where CBEs are located in RF coverage
• Basic antenna orientation
• NAMING CONVENTION: BAG4_OrgName_GeographicIdentifier_PRIVATE_RFPredict
• BACKHAUL MAP (.kmz)
  • Point-to-Point (PTP) Backhaul: In Google Earth, draw in the points of each PTP link for review
• NAMING CONVENTION: BAG4_OrgName_GeographicIdentifier_PRIVATE_BackhaulPTP
• FIBER Backhaul map should include:
• Routes of all new plant to be funded by the grant
• Point connections
• Delineate routing between types if needed: coax and fiber
• NAMING CONVENTION: BAG4_OrgName_GeographicIdentifier_PRIVATE_BackhaulFiber
• with worksheets for the RF Equipment, Customer Premise Equipment (CPE), and Backhaul Equipment relative to the proposed project to include the details outlined in the template below:
• NAMING CONVENTION: BAG4_OrgName_GeographicIdentifier_FixedWirelessEQUIP
• Provide an RF data worksheet to include the following:
  • Base station equipment
• Manufacturer
• Model Number
• EIRP
  • Base station antenna information
• Manufacturer
• Model number
• Azimuth
• Down tilt
• Center Line
• Provide a Customer Premise Equipment (CPE) worksheet, documenting manufacturer and model number, to include the following:
  • The standard CPE configuration is to be used in the project
  • CPE antenna information including:
• Center line
• Gain of antenna
• Backhaul Equipment worksheet to include equipment appropriate to the backhaul.  Applicant must identify the type of backhaul by the worksheet label (Backhaul PTP or Backhaul) and include manufacture and model number for every device:
  • Backhaul – Point To Point (PTP) Equipment worksheet to include every PTP link location:
• PTP Radio Equipment
• PTP Antenna information
• Azimuth
• Down tilt
• Center line
  • Backhaul-Fiber Equipment worksheet to include:
• Head end
• Access gear
• Cabinets
• Define the clutter terrain resolution utilized in the RF predictions:
  • 30m
  • 10m
  • 1m
  • 3D
  • Other
• Provide projected capacity per base station expectations
• Provide projected/designed subscription throughputs
• Provide oversubscription ratios
• Describe the MIMO allocation:
  • 2×2
  • 2×4
  • 4×4
  • Other

If Option C: Mobile Wireless is chosen above:

Technical Infrastructure Proposed: Mobile Wireless

Please provide a technical summary of the mobile wireless solution proposed:

• REQUIRED (“Private”/“Proprietary”) (.kmz).  Applicant must upload a Service Area Map, an RF Prediction Map, and a Backhaul Map as outlined.  Upload these as a SINGLE ZIP FILE using the naming convention provided.  These maps should be labeled “Private”/” Proprietary” and be in a .kmz format:
  • SERVICE AREA MAP: Provide a polygon of the desired geography to be covered by the project.  The map should only include areas where -102dBm or better is met.  Map should be noted as “Proprietary” and include the following:
• Points inside the polygon of all CPE locations for fixed wireless household connectivity
• Points for the locations of base station equipment
• NAMING CONVENTION: BAG4_OrgName_GeographicIdentifier_PRIVATE_ServiceArea
  • RF PREDICATION MAP: Provide an RF prediction map depicting the location of the transmitter, its footprint, and a map legend.  Use an RSRP scale of -92dBm, -102dBm, -106dBm. Identify this map as proprietary.  Please include the following:
• Base stations
• Where CBEs are located in RF coverage
• Basic antenna orientation
• NAMING CONVENTION: BAG4_OrgName_GeographicIdentifier_PRIVATE_RFPrediction
  • BACKHAUL MAP
• If the Point to Point Backhaul drawing is in .kmz format, then in Google Earth, draw in the points of each PTP link for review.  Format must be .kmz
• NAMING CONVENTION: BAG4_OrgName_GeographicIdentifier_PRIVATE_BackhaulPTP

Mobile Wireless Equipment File Requirements

Provide a Mobile Wireless Equipment Spreadsheet in .xls format to include manufacture and model number, with the following worksheets: RF Base station equipment and the Backhaul equipment.  Upload as a single spreadsheet.

• NAMING CONVENTION: BAG4_OrgName_GeographicIdentifier_MobileWirelessEQUIP
• RF data worksheet should include the following:
  • Base station equipment
• EIRP
  • Base station antenna information
• Azimuth
• Down tilt
• Center line
• Backhaul Equipment worksheet to include equipment appropriate to the backhaul proposed:
  • Backhaul – PTP Equipment worksheet to include every PTP link location
• PTP radio equipment
• PTP antenna information
• Azimuth
• Down tilt
• Center line
• Backhaul-Fiber Equipment worksheet to include:
  • Head end
  • Access Gear
  • Cabinets
  • Typical equipment used
  • NAMING CONVENTION: BAG4_OrgName_GeographicIdentifier_MobileWirelessEQUIP

Once the worksheets are completed, please complete the following in the application:

• Provide description of engineered hand-off levels in RSRP
• Please describe channel size (5-80)
• Provide projected capacity per base station expectations
• Provide oversubscription ratios
• Describe the MIMO allocation
  • 2×2
  • 2×4
  • 4×4
  • Other

Please upload any additional technical reports, predictions, or documents relative to the project important to technical consideration or the review process.  If multiple files, please consolidate into a single .pdf or .zip.

• NAMING CONVENTION: BAG4_OrgName_GeographicIdentifier_TechnicalAttachments

If Option D: Hybrid Fiber Coax (HFC) is chosen above:

Technical Infrastructure Proposed: Hybrid Fiber Coax (HFC)

• Provide a detailed description of the proposed HFC project
• In addition to the PUBLIC MAP provided earlier, provide a detailed “PRIVATE”/“PROPRIETARY” map in .kmz uploaded as a .zip file.  Please provide a .kmz map of the project (uploaded as a .zip file) to include:
  • Routes of all new plant to be funded by the grant
  • Existing plant (coax or fiber) feeding the proposed build-out
  • Delineation on which portions are new or existing
  • Point connections
  • Delineate routing between types: HFC and fiber
  • Identify the map as “Private”/ “Proprietary”
• NAMING CONVENTION: BAG4_OrgName_GeographicIdentifier_PRIVATE_FIBERMap

Provide A Hybrid Fiber Coax Equipment Spreadsheet (.xls)

This will capture the type of equipment used within the solution and must include manufacturer and model number for the following at a minimum:

• Head end
• Access gear
• Cabinets
• NAMING CONVENTION: BAG4_OrgName_GeographicIdentifier_HFCEQUIP

Long Term Investment Viability/Scalability

KOBD is interested in making long-term broadband investments that will prevent near-term electronics upgrades from occurring and “leapfrogging” other infrastructure programs to accelerate high-speed broadband services to Kansas.  As such, if fiber infrastructure is used in proposed service area projects, applicants are highly encouraged to implement electronics within their respective architecture that can deliver up to 10 Gbps symmetrical speeds at the time of project build.  Additional points will be awarded during the application evaluation process should 10 Gbps capable electronics be implemented in the applicant’s proposed projects.

Please upload evidence to demonstrate the scalability and capabilities of the proposed project’s technology.  Include current technology levels, ability to upgrade, and latency levels.  Scalability and future-proofing are defined as the ability to achieve up to 10 Gbps symmetrical or greater speeds through initial deployment or the capability to upgrade with minimal incremental investment.

• NAMING CONVENTION: BAG4_OrgName_GeographicIdentifier_Scalability

Financial & Legal

Required Applicant Match

Similar to previous Broadband Acceleration Grant (BAG) Programs 1.0, 2.0 and 3.0, KOBD is implementing a required 50% applicant match model for the BAG 4.0 Program.  Additional points will be awarded if applicants can provide incremental matching funds beyond the 50% match.  An example of an applicant providing incremental matching funds beyond the required applicant match is below:

• Required applicant match is 50% per program guidelines 
• Applicant decides to match at a 60% value
• Incremental application scoring points will be awarded for the additional 10% of total project cost matched by the applicant

Matching funds may include an in-kind match of up to 50% of the total match.  An in-kind match requires valuation documentation and is subject to KOBD’s approval.  For federal grants or federal broadband funding, applicant must check with federal funding source to determine allowability.

Co-Investment

The KOBD recognizes the value of partnerships between service providers and co-investment sponsors that identify gaps in broadband infrastructure and establish community priorities.  Because of this, applicants are required to include co-investment funds as part of their application.  Eligible sources of co-investment funds can be from the local, county, and eligible state programs or other contributors (examples: local ARPA funds, County Commission grants, private sector investments, non-profit contributions, etc.).  For this program, co-investment funds can offset the applicant’s match amount.  Co-investment funds from local governments will be prioritized and encouraged to help fund broadband expansion programs in partnership with applicants. 

Budget And Financial Requirements

Project budget and financial submission requirements include the following:

• Budget Narrative
  • Provide explanation of costs that correspond with the information included in the project budget spreadsheet
  • The necessity and basis for costs
  • Reflect only allowable costs consistent with project scope
• Project Budget and Bill of Materials
  • Upload a project budget and bill of materials according to the appropriate infrastructure template (Fiber, Hybrid Fiber Coax (HFC) or Wireless).  All applicants must complete and submit a budget using the provided Budget Template, located on the program website.  The Budget Template includes all the associated bill of materials.  Submissions that do not meet the minimum required applicant match may not be reviewed or considered for funding
    • NAMING CONVENTION: BAG4_OrgName_GeographicIdentifier_BudgetFinancial validation documentation 
  • Bank verification letter that proves there are sufficient funds for the minimum required applicant match amount.  Other acceptable proof demonstrating sufficient funds are noted below:
    • Companies (Public or Private) providing a bond rating from Moody’s, Standard and Poor’s, or Fitch of Investment Grade at the time an application is submitted
    • Companies may provide financial information of parent organization if audited financials for operating subsidiary are not available
    • NAMING CONVENTION: BAG4_OrgName_GeographicIdentifier_BankVerification
  • Last two years of applicant’s income statement
    • NAMING CONVENTION: BAG4_OrgName_GeographicIdentifier_FinancialStatement
  • Matching funds include in-kind match?
• If yes, upload documentation that validates the in-kind match being submitted with the project.  Please combine multiple files into one .pdf or .zip file
  • In-kind match valuations must not exceed 50% of the 50% required project match.  All claims for reimbursement for in-kind contributions will be analyzed using criteria similar to the program descriptions available here and claims for in-kind contributions should be reasonable 
  • KOBD and the Kansas Department of Commerce will ultimately have the discretion to determine if an in-kind contribution is acceptable or not
  • NAMING CONVENTION: BAG4_OrgName_GeographicIdentifier_In-Kind

Applicant Attestations

• The grant applicant is in good financial standing with the State of Kansas
• The grant applicant is not currently involved in pending litigation in association with previous Kansas-sponsored broadband infrastructure grant projects
• The grant applicant is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any federal department or agency
• If a private entity, the grant applicant has been operating in the State of Kansas for no fewer than three (3) years.  The grant applicant has not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property
• The grant applicant is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local)
• The grant applicant has not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default
• The grant applicant is participating in subsidy programs to optimize digital inclusivity. (i.e., Lifeline, Affordable Connectivity Program, Emergency Connectivity Fund etc.)
• All applicants will be required to agree to accept the terms and conditions of the program agreement at the time of application submission.  The program agreement will be provided within the application portal
• The grant applicant agrees that if awarded funds through the BAG 4.0 Program, the grant agreement will be executed within 60 days of receipt from Commerce.  If the agreement is not executed within 60 days, the Kansas Department of Commerce reserves the right to reallocate funds
• All applicants will attest that each FCC BDC data submission for their respective proposed service area and State of Kansas service area is in compliance with FCC BDC standards on how the provider generated their coverage information
• All applicants will be required to sign the Department of Commerce Confidentiality Agreement at the time of application submission

Application Evaluation

Application evaluation will be based on the overall quality of the application, including the Project Proposal, Technical Project Plan, and financial information presented.  KOBD will be evaluating applications based on projects that optimize stewardship of public infrastructure dollars through collective investment and include:

• Projects that address a critical broadband need within the community
• The degree of unserved percentage (as calculated in the Determination of the Available Broadband Service section)
• Serving an economically distressed area (as described in “Key Definitions” section)
• Serving a covered population (as described and measured in “Key Definitions” section)
• Prioritization of fiber-optic infrastructure
• Scalability beyond 1 Gbps and up to 10 Gbps
• Speeds delivered and associated latency
• Symmetric based services
• Anticipated impact (locations passed)
• Cost reasonableness
• Geographic award distribution
• Affordability of Services/Offer Pricing
• Technical viability
• Partnerships
• Municipal and/or County projects that are part of a local strategic broadband plan
• Incremental match above the 50% threshold
• Co-investment partnership projects involving local municipalities, community anchor institutions and service provider’s match

Public Comment Period

To ensure transparency and the best use of taxpayer funds, the application and selection process will include a three (3) week public comment period followed by a two (2) week applicant response period.  This process is intended to allow providers, elected officials, and constituents to either express support or inform KOBD of any issues or concerns with an application or its proposed service area.  All comments expressing concern collected during the public comment period will be considered “challenges” and are subject to public disclosure.  Public comment submitters will be deemed as “challengers”.

Public Comments Regarding Service Areas with Projects Underway

For service areas where projects are already underway, the public comment shall contain information demonstrating that the provider has begun construction activities.  The project must provide a broadband network in the proposed project area with access to the internet at speeds equal to or greater than 100 Mbps for downloading and 20 Mbps for uploading.  The service provider must submit proof that work has started on a project to complete broadband infrastructure in the applicant’s proposed service area.  Examples of evidence to prove that an infrastructure project is underway include:

• Planning and/or engineering plans and associated drawings
  • Permitting requests
  • Application for franchise agreement
  • Generated bill of materials
  • Purchase orders for equipment on the bill of materials
  • Invoices for engineering or construction activities for building broadband infrastructure in proposed service area

• A map in .kmz format detailing the project underway service area containing the following:
• Number of serviceable locations, each marked with an identifier within the proposed project area, including the speeds those serviceable locations are able to receive
• Street-level data of customers receiving service within the proposed project area
• Polygon defining the service in which the infrastructure is being placed
• Fiber routes specified within the service area polygon
• No other format other than .kmz will be accepted

Evidence submitted will be deemed proprietary in nature and not subject to disclosure.  Challenger must provide a current Federal Communications Commission (FCC) Broadband Data Collection (BDC) Fabric data set for their Kansas service area as well as the proposed project service area that documents the area under construction.  Challenger must submit a populated template for locations within the proposed service area and the service provider’s entire broadband coverage capabilities for all of Kansas in accordance with the “Required Broadband Service Availability Data for Existing Service Areas” sections.

Public Comments Regarding Service Area With Projects Planned But Not Underway

For proposed service areas where projects are planned, but not underway, the public comment shall contain information demonstrating that the service provider has begun the planning phase of the project.  If these conditions are met, the KOBD will consider denying the applicant’s proposal.  However, to do so, the public comment from the challenger must include the following information for consideration:

• Provider commitment to completing construction of the broadband infrastructure and providing a broadband network to the proposed project area with speeds equal to or greater than 100/20 Mbps
  • Provider commitment that the stated project will complete no later than eighteen (18) months after the date grant awards are made under the program and would be funded by the service provider 
  • Current Federal Communications Commission (FCC) Broadband Data Collection Fabric for their Kansas service area as well as the proposed project service area as of June 30, 2023
  • Minimum/maximum speeds available in the proposed project service area
  • Challenger must submit populated template for locations within proposed service area and for the service provider’s entire broadband coverage capabilities for all of Kansas in accordance with the “Existing Broadband Service Availability Data For Proposed Service Area” and “Required Broadband Service Availability Data for Existing Service Areas” sections 
  • A map in .kmz format detailing the proposed service area containing the following:
• Number of serviceable locations, each marked with an identifier within the proposed project area, including the speeds those serviceable locations are able to receive
• Street-level data of customers receiving service within the proposed project area
• Polygon defining the service in which the infrastructure is being placed
• Fiber routes specified within the service area polygon
  • Using the project area map submitted by the applicant, a map indicating where the protested serviceable locations are within the proposed project area
  • Heat maps (if applicable) indicating received signal strength indicator (RSSI) in the challenged area

Public Comments For Areas Where Service Already Exists

KOBD will require a provider submitting a challenge to provide speed test results in the proposed project area in which the provider submitting the challenge states that broadband service is currently available at minimum speeds of 100/20 Mbps.  Such speed test results shall be provided in a way that documents the speed test provider, downstream and upstream speed results, the physical address of where the speed test was conducted, and associated latency.  Additional attributes may be prescribed by KOBD, at their discretion.  Latitude / longitude or BDF fabric ID will be accepted in lieu of physical address.  Where 100/20 Mbps or higher service exists, the public comment should include the following:

• Date and time-stamped speed test data for at least 5% of consumers in the designated area from no earlier than January 29, 2024 
• Consumer statement (name and address included) from the proposed service area that have been collected within three (3) months of the application due date
• Challenger must submit a populated template in accordance with the “Existing Broadband Service Availability Data For Proposed Service Area” and “Required Broadband Service Availability Data For Existing Service Areas” sections
  • A map in .kmz format detailing the proposed service area containing the following:
• Number of serviceable locations, each marked with an identifier within the proposed project area, including the speeds those serviceable locations can receive
• Street-level data of customers receiving service within the proposed project area
• Polygon defining the service in which the infrastructure is being placed
• Fiber routes specified within the service area polygon

Submissions must provide the data source and/or methodology used to develop this information and provide the raw data used to justify this proposal.  Please label any proprietary information so that it may be kept confidential. 

Other Public Comments

Other public comments include any other feedback that providers, elected officials, and constituents wish to express in support of or to document concerns regarding an application or its proposed service area.  If a provider submits a public comment in this category, they must submit populated template in accordance with the “Existing Broadband Service Availability Data for Proposed Service Area” and “Required Broadband Service Availability Data for Existing Service Areas” sections.

Applicant Response Period

Upon completion of the public comment period, KOBD will notify each applicant of such challenge(s).  The applicant shall have two (2) weeks after notification to provide any supplemental information regarding the challenged application to KOBD (known as Applicant Response Period).  If additional broadband service availability information is provided, the information shall follow the template guidelines listed in the “Existing Broadband Service Availability Data for Proposed Service Area” section.

The KOBD will evaluate the information submitted in a challenge and will not award a grant if the information submitted is credible. 

Public Comments Compliance

The following items are applicable in instances where KOBD denies an application for a grant based on “Planned but Not Underway” and “Project Underway” challenges: 

• The KOBD reserves the right to require a bond, Letter of Commitment (LOC) or financial guarantee from provider submitting the challenge, prior to application denial, to ensure project completion
• If the challenger does not provide broadband internet service to the proposed project area within eighteen (18) months, the challenger may not be able to challenge any grant application or apply for any grant programs within the State of Kansas for the following two fiscal years, starting from the end of the eighteen (18) month period 
• If the challenger does not provide broadband internet service to the proposed project area of the “project underway” identified in the public comment within twelve (12) months of the program award, the challenger may not be able to challenge any grant application or apply for any grant programs within the State of Kansas for the following two fiscal years, starting from the end of the twelve (12) month period
• After grants are awarded, the KOBD will require all challengers to provide periodic updates on their respective projects claimed to be in the “Planned But Not Underway” and “Projects Underway” status.  This ensures that end users in the original applicant’s proposed service area will be served by the challenger’s broadband by the challenger given that the original application was denied due to other funding enabling the referenced locations.  If the challenger fails to provide periodic updates to KOBD, the challenger may not be able to challenge any future grant application or apply for any grant programs within the State of Kansas for the following two fiscal years, starting from the date the first periodic update request due date is missed

Applicant Interview

KOBD will conduct an interview with the final grant candidates and give them an opportunity to ‘make their case’.  This meeting should include organization and financial contacts, key project personnel, and partners critical to the overall success of the effort.  Co-investment projects should include partner investors in the interview, and it is the responsibility of the applicant to ensure their participation.  Participants should be prepared to speak about specific aspects of the proposed project, the technical project plan, the financials submitted, and the demonstrated need that supports the project.  This interactive meeting will provide an opportunity for grantees to call into focus key aspects of the project, the compelling needs of the proposal, and answer the question: “Why should the State of Kansas invest in this project?” 

Compliance

The KOBD will provide a collaborative partnership and overall support for BAG 4.0 Program Grantees by offering technical support related to reporting and compliance requirements, and supporting the applicable federal guidelines as listed in the following paragraphs.

Monthly Reporting

In addition to periodic Grantee meetings, KOBD will streamline reporting by providing baseline reporting templates and clear expectations for grantees participating in the program.  The monthly reporting includes the following:

• A narrative update on the status of the project, including notification of any delays
• A monthly budget expenditure report of the project
• A monthly .pdf containing supporting project expenditure documentation (i.e., invoices/receipts/proof of payment)
• Reimbursements will occur on a monthly basis

Material Project Changes

KOBD acknowledges that changes in the overall implementation plan may be required once a project begins due to terrain challenges, equipment discontinuations, permitting delays or unforeseen circumstances.  Material project changes must be disclosed to KOBD immediately and reported on the monthly report, prior to implementation.  Examples of material changes include, but are not limited to, the following:

• Any deviation from the original fiber route in terms of fiber segment placement
• Fiber segments being added or removed from original plan
• Any fiber / facilities placement extending outside the defined project area
• Changes to original count of locations to be enabled
• Changes to overall architecture proposed in the application
• Electronics manufacturer and model number changes from original bill of material
• Changing fiber placement approach (i.e. – from buried to aerial fiber placement)
• Total project budget variances greater than 10% of original budget

Upon receipt of material project change notification information, KOBD will review the potential project changes.  The changes must be approved by KOBD prior to awardee implementing changes.  Changes to the implementation plan without advanced KOBD notification and approval may result in a reduced budget and/or clawback actions.  If there is any doubt to materiality of the potential project changes, awardees must engage KOBD to determine materiality.  Failure to engage KOBD to determine materiality prior to change implementations may also result in a reduced budget and / or clawback actions.  Expenditures incurred without prior approval of KOBD may be deemed unallowable and will not be reimbursed.

Closeout Reporting

Closeout reporting will be required within 45 days of project completion.  Project completion and submission of the closeout report are required prior to the final payment.  Closeout reporting includes, but not limited to, the following:

• Validation that the broadband infrastructure project build has been completed.  This will provide service at the locations and service level speeds specified in the application
• Grantees will be required to submit FCC Broadband Data Collection Location ID data for each location enabled and .kmz maps for the completed service area.  Speed tests, and associated latency, and network performance validation will be expected on a per location basis upon completion of the project.  Speed test results for any specific location must collect download, upload and latency results with the same date and time stamp
• KOBD will require validation of as-built drawings versus the initial .kmz map submitted with the application through field validation and speed tests as services are turned up at specific locations 
• Grantees must complete/submit the required financial documents, legal agreements, and reports
• The KOBD reserves the right to amend the scope of grant awards or partially fund applications

Accountability

Grantee shall create, maintain, and preserve sufficient records to demonstrate their compliance with the requirements of this program.  The grantee shall provide all required records to KOBD promptly upon written request.  KOBD requests may include, but not be limited to, the following:

• Information regarding service offering at the pricing and speed levels specified in the application for the duration of the grant period
• The right to recoup funding for incomplete projects or for lack of adherence to program guidelines
• The right to desk or field audit the project at any time.  The project may be subject to state and/or federal audits
• Grantees are required to retain all records for up to five (5) years after project completion

Applicable Federal Regulations

The KOBD will require providers to support building and securing telecommunications networks through adherence to applicable federal guidelines:

• Investments in Capital Projects must be carried out in ways that comply with applicable federal laws, including the 2019 National Defense Authorization Act (NDAA).  Among other requirements contained in 2 CFR Part 200, implements certain provisions of the NDAA.  It contains prohibitions on the use of grant funds to procure or obtain certain telecommunications and video surveillance services or equipment provided or produced by designated entities, including certain entities owned or controlled by the People’s Republic of China.  In addition, 2 CFR 200.471 provides that certain telecommunications and video surveillance costs associated with 2 CFR 200.216 are unallowable

Funds Disbursement

The BAG 4.0 Program is a grant reimbursement program.  The program will provide structured reimbursements for validated grant expenditures submitted.  Grantees are expected to submit supporting documentation for expenditures (i.e., invoices, receipts) and proof of payment if requested.  Grantees must submit all required legal and contractual agreements/documents prior to funds disbursement.

Reimbursements

Reimbursements will occur on a monthly basis, following the last monthly report.  Monthly reporting for grant recipients will begin after the first full month after grant award contract execution.  Project extensions will be considered in light of the current supply chain delays on a case-by-case basis.  Should actual project costs exceed the proposed/approved budget, grantees will be responsible for completing the proposed project without an increase in the grant award.  KOBD reserves the right to partially fund projects that are not completed during the approved project period.  Reimbursements will occur on a monthly basis as listed below:

Table 6:  Reimbursement Schedule

* – If the 5^th of the month falls on a weekend or holiday, the report will be due on the business day prior to the 5^th of the month.

Late submission of the progress report may delay reimbursement.  Automated Clearing House (ACH) transfer is the preferred method of payment and could accelerate reimbursements to awardees.

Adoption Efforts

Adoption goes beyond access to high-speed internet and speaks to the ability of individuals and communities to harness access for quality-of-life implications.  These efforts may include digital literacy training, low-income assistance programs (for equipment and/or broadband service), partnerships with co-working or entrepreneurship organizations, awareness or marketing campaigns, service provision to community anchor institutions and/or additional programing, and other programs designed to meet the needs of the local community.

Affordability Goal

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.

Applicant Match

Is the monetary contribution of the service provider to the project.  At the time of application submission, the applicant must demonstrate available cash reserves in an account(s) of the applicant equal to at least the required amount specified when applying the 50% match rate as defined in the Required Applicant Match section.  Matching funds must be used solely for the Project and shall not include any financial assistance from federal sources unless there is a federal statutory exception specifically authorizing the federal financial assistance to be considered as such.  An applicant must provide evidence of its ability to comply with this requirement in its application (www.ecfr.gov).

Broadband

Broadband or high-speed internet access allows users to access the internet and internet-related services at significantly higher speeds than those available through “dial-up” services.  Broadband speeds vary significantly depending on the technology and level of service ordered.  For additional information, visit the source of this information: Getting Broadband Q&A | Federal Communications Commission (fcc.gov).

Co-Investment

Any funds provided by sources other than the applicant such as local, county, and eligible state programs or other contributors.

Community Anchor Institution

Community anchor institution means schools, libraries, medical and healthcare providers, public safety entities, community colleges and other institutions of higher education, and other community support organizations and agencies that provide outreach, access, equipment, and support services to facilitate greater use of broadband service by vulnerable populations, including low-income, unemployed, and the aged (www.usac.org).

Covered Population

Covered populations include aging individuals, incarcerated individuals, other than individuals who are incarcerated in a Federal correctional facility; veterans; individuals with disabilities; individuals with a language barrier, including individuals who (i) are English learners; and (ii) have low levels of literacy; individuals who are members of a racial or ethnic minority group; and individuals who primarily reside in a rural area.  the hyperlink below access to a PowerBI site that showcases digital equity gaps for Kansas, in addition to all 50 states (Digital Equity By State).

Economically Distressed Community

KOBD will consider an area economically distressed if either the 2022 per capital BEA PCPI or PCMI metric is below the 80% threshold.  The Kansas counties meeting this definition are in the table below:

The counties listed above can also be found at the Stats America website via http://www.statsameri-ca.org/distress/distress.aspx. 

Last Mile

Last mile refers to the network infrastructure that carries signals from the network to and from the end-user premise.  Depending on the network design and density of the area served, the actual distance of the last mile can be relatively short or maybe considerably longer than a mile.

Middle Mile

Middle mile refers to the portion of the telecommunications network that connects a network operator’s core network to the local network (last mile) plant.  Middle mile facilities provide fast, large-capacity connections ranging from a few miles to a few hundred miles.

Partnership

A formal relationship between two or more parties that enter into an agreement for the sake of advancing broadband enablement. 

Project

An applicant’s proposal to serve qualifying broadband speeds to unserved areas.

Required Applicant Match

The percentage of funds required by the applicant for the program.

Scalability

The capacity to change the size or scale of the broadband architecture to achieve substantially higher speeds (up to 10 Gbps and beyond) with minimal to no investment.

Served

For purposes of the BAG 4.0 Program, a served area is a designated geographic area in which households, businesses, community anchor institutions, government buildings, etc. and associated location IDs can be enabled with a fixed, terrestrial connection supporting at least 100 Mbps download and 20 Mbps upload speeds within 10 business days of a submitted service order without extraordinary or excessive drop fees.  To meet this served criteria, a service provider must offer 100 Mbps downstream or greater speed coupled with a 20 Mbps upstream service speed or higher.  Any speeds higher than 20 Mbps upstream speed, coupled with 100 Mbps downstream speeds or higher will be considered served.

Subsidy

Assistance program applicants are enrolled in to assist with the monthly cost of services.  Federal programs include the Affordable Connectivity Program (ACP), Emergency Broadband Benefit (EBB), or Lifeline.

Unserved

For purposes of the BAG 4.0 Program, an unserved area is defined as a designated geographic area in which households, businesses, community anchor institutions, government buildings, etc. and associated location IDs are without a fixed, terrestrial connection supporting at least 100 Mbps download and 20 Mbps upload speeds.  To meet this unserved criteria, a service provider must offer a) 100 Mbps downstream or greater speed coupled with less than 20 Mbps upstream service speed – any speeds lower than 20 Mbps upstream speed, coupled with 100 Mbps downstream speeds will be considered unserved; 2) less than 100 Mbps downstream speed coupled with 20 Mbps or greater upstream speeds – any speeds lower than 100 Mbps coupled with 20 Mbps or higher will be considered unserved; 3) less than 100 Mbps downstream speed coupled with less than 20 Mbps upstream speed will be considered unserved.