[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR63.23]



[Page 163-164]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 63_GRANT PROGRAMS ADMINISTERED BY THE OFFICE OF THE ASSISTANT 

SECRETARY FOR PLANNING AND EVALUATION--Table of Contents

 

                     Subpart B_Financial Provisions

 

Sec.  63.23  Telecommunications Demonstration Grants.



    The provisions of this section apply only to grants awarded under 

authority of 392A of the Communications Act of 1934.

    (a) Funds provided under the Telecommunications Demonstrations 

Program shall be available to support the planning, development, and 

acquisition or leasing of facilities and equipment necessary to the 

demonstration. However, funds shall not be available for the 

construction, remodeling, or repair of structures to house facilities or 

equipment acquired or developed with such funds, except that such funds 

may be used for minor remodeling which is necessary for and incident to 

the installation of such facilities or equipment.

    (b) Funds shall not be available for the development of programming 

materials or content.

    (c) The funding of any demonstration under this authority shall 

continue for not more than three years from the date of the original 

grant or contract.



[[Page 164]]



    (1) Applications for assistance under the Act may project goals and 

activities over a period of up to three years. Approval of a multi-year 

project is intended to offer the project a reasonable degree of 

stability over time and to facilitiate additional long range planning.

    (2) Applications proposing a multi-year project must be accompanied 

by an explanation of the need for multi-year support, an overview of the 

objectives and activities proposed, and budget estimates to attain these 

objectives in any proposed subsequent year.

    (3) Subject to the availability of funds, an application for 

assistance to continue a project during the project period will be 

reviewed on a non-competitive basis to determine--

    (i) If the award recipient has complied with the award terms and 

conditions, the Act, and applicable regulations;

    (ii) The effectiveness of the project to date in terms of progress 

toward its goals, or the constructive changes proposed as a result of 

the ongoing evaluation of the project; and,

    (iii) If continuation of the project would be in the best interests 

of the Government.

    (d) The use of equipment in demonstration projects shall be subject 

to the rules and regulations of the Federal Communications Commission 

(FCC), and grant funds may not be expended or obligated for purchase, 

lease, or use of such equipment prior to appropriate and necessary 

coordination by the grantee with the Commission. In particular:

    (1) For any project requiring a new or modification of an existing 

authorization(s) from the FCC, application(s) to the FCC for such 

authorization(s) must have been tendered for filing prior to the closing 

date established by any solicitation for grant applications offered 

under the Telecommunications Demonstration Program.

    (2) If the project is to be associated with an existing 

telecommunications activity requiring an FCC authorization, such 

operating authority for that activity must be current and valid.

    (3) For any project requiring a new or modification of an existing 

authorization(s) from the FCC, the applicant must file with the 

Secretary of Health and Human Services a copy of each FCC application 

and any amendments thereto.

    (4) For any project requiring a new or modification of an existing 

authorization(s) from the FCC, the applicant must tender for filing with 

the FCC a copy of the application to the Secretary for a 

telecommunications demonstration grant.

    (5) If the applicant fails to file required applications by the 

closing date established by the solicitation for grant applications, or 

if the FCC returns as substantially incomplete or deficient, dismisses, 

or denies an application required for the project, or any part thereof, 

or for the operation of any facility with which the project is 

associated, the Secretary may return the application for Federal 

assistance.

    (e) For the purposes of this program, the term ``non-broadcast 

telecommunications facilities'' includes but is not limited to, cable 

television systems, communications satellite systems and related 

terminal equipment, and other methods of transmitting, emitting, or 

receiving images and sounds or intelligence by means of wire, radio, 

optical, electromagnetic, and other means (including non-broadcast 

utilization of telecommunications equipment normally associated with 

broadcasting use).

    (f) Each applicant shall provide such information as the Assistant 

Secretary deems necessary to make a Federal assessment of the impact of 

the project on the quality of the human environment in accordance with 

section 102(2)(C) of the National Environmental Policy Act of 1969 

(including the National Historical Preservation Act and other 

environmental acts). (42 U.S.C. 4332(2)(C)).



[42 FR 36149, July 13, 1977]