## Overview Deduplication of Funding Programs - Example Template Overview Initial Proposal Requirement An Eligible Entity must outline the federal, state/territorial, and local programs that will be analyzed to remove enforceable commitments from the set of locations eligible for BEAD funding. This template may be used to respond to the BEAD Initial Proposal intake question 1.4.5 for Deduplication of Funding (Requirement 7). Purpose An Eligible Entity must submit the federal, state/territorial, and local programs that will be analyzed to remove enforceable commitments from the set of locations eligible for BEAD funding. NTIA will review the deduplication programs template to ensure alignment with the BEAD NOFO, NTIA BEAD Challenge Process Policy Notice, and Initial Proposal requirements. BEAD NOFO Requirement This template must align with Sections IV.B.6 and IV.B.7 of the BEAD NOFO (pages 34 -37), designing a challenge process and subgrantee selection process. The template must also align with the NTIA BEAD Challenge Process Policy Notice, which includes requirements for designing and implementing an Eligible Entity's challenge process. Challenge Process Requirements: Each Eligible Entity shall develop and describe in the Initial Proposal, a transparent, evidence-based, fair, and expeditious challenge process under which a unit of local government, nonprofit organization, or broadband service provider can challenge a determination made by the Eligible Entity in the Initial Proposal as to whether a particular location or community anchor institution within the jurisdiction of the Eligible Entity is eligible for grant funds. Among other things, the process must allow for challenges regarding whether a particular location is unserved or underserved as those terms are defined in the Infrastructure Act and Section I.C if this NOFO (BEAD NOFO, page 34). Deduplication of Funding Process: In identifying an Unserved Service Project or Underserved Service Project, an Eligible Entity may not treat as “unserved” or “underserved” any location that is already subject to an enforceable federal, state, or local commitment to deploy qualifying broadband as of the date that the challenge process described in Section IV.B.6 of this NOFO is concluded (BEAD NOFO, page 36). Enforceable Commitment Definition: An enforceable commitment for the deployment of qualifying broadband to a location exists when the commitment to deploy qualifying broadband service to that location was made as a condition of: • Any grant, loan, or loan guarantee provided by an Eligible Entity to the provider of broadband service; • Any grant, loan, or loan guarantee provided by the Secretary of Agriculture under: • Title VI of the Rural Electrification Act of 1936 (7 U.S.C. § 950bb et seq.), including: any program to provide grants, loans, or loan guarantees under Sections 601 through 603 of that Act (7 U.S.C. § 950bb et seq.); and the Community Connect Grant Program established under Section 604 of that Act (7 U.S.C. § 950bb–3); or • The broadband loan and grant pilot program known as the “Rural eConnectivity Pilot Program” or the “ReConnect Notice of Funding Opportunity Program” authorized under Section 779 of division A of the Consolidated Appropriations Act, 2018 (Public Law 115–141; 132 Stat. 348); • Any high-cost universal service support provided under Section 254 of the Communications Act of 1934 (47 U.S.C. § 254), except that in the case of the Rural Digital Opportunity Fund, a location will be considered to have an enforceable commitment for qualifying broadband only (a) after the Federal Communications Commission has announced in a Public Notice that RDOF support for that location is ready-to-authorize or is authorized, and (b) the provider does not rely on satellite technologies to deliver service; • Any grant provided under Section 6001 of the American Recovery and Reinvestment Act of 2009 (47 U.S.C. § 1305); • Amounts made available for the Education Stabilization Fund established under the heading “DEPARTMENT OF EDUCATION” in title VIII of division B of the CARES Act (Public Law 116–136; 134 Stat. 564), and funded under the CARES Act, the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSA Act), and the American Rescue Plan Act (ARP Act); • Amounts made available for the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) established under the American Rescue Plan Act of 2021 (Public Law 117–2; 135 Stat. 4) (ARPA); • Amounts made available for the Capital Projects Fund established by Section 604 of the Social Security Act, as added by Section 9901 of ARPA; or • Any other grant, loan, or loan guarantee provided by, or funded in whole or in part by, the federal government or a State or Territorial government for the provision of broadband service.” Eligible Entities may fund Unserved Service Projects and Underserved Service Projects that include locations in an area that has an enforceable commitment for the deployment of qualifying broadband to less than 100 percent of the locations in that area. See, e.g., 47 C.F.R. § 54.308(a). Eligible Entities must, however, seek to identify as part of the challenge process described in Section IV.B.6 of this NOFO those unserved locations and underserved that will not be served by qualifying broadband service as a result of such enforceable commitment, and use that information in determining whether to treat each location as unserved or underserved within the relevant area. Further, for unserved locations and underserved on Tribal Lands, a commitment that otherwise meets the criteria set forth above shall not constitute an enforceable commitment for the deployment of qualifying broadband unless it includes a legally binding agreement, which includes a Tribal Government Resolution, between the Tribal Government of the Tribal Lands encompassing that location, or its authorized agent, and a service provider offering qualifying broadband service to that location (BEAD NOFO, Footnote 52, pages 36-37). ## Deduplication of Funding Deduplication of Funding Programs - Example Template To use this template, Eligible Entities should customize all text in gray Program Name Identify any state, territory, or local-level broadband funding programs within the jurisdiction of the Eligible Entity. Federal, State/Territory, or Local Indicate whether the broadband funding program was federally, state/territory, or locally funded. Year Funded List the year the state or local broadband program was funded. Connect USVI Federal 2018 U.S. Department of the Treasury Capital Projects Fund Federal 2023 Affordability Connectivity Program Outreach (FCC) Federal 2023 Broadband Equity, Access, and Deployment (NTIA/IIJA) Federal 2023 State Digital Equity Planning Grant (NTIA) Federal 2023 American Rescue Plan Act (ARPA)/OMB Federal 2022 Frozen High- Cost Support for ILECs (FCC) Federal 2023 Connect USVI (FCC) Federal 2020 Connecting Minority Communities Program (NTIA) Federal 2023