Second and final broadband stimulus funding rules issued

The U.S. Department of Agriculture's Rural Utilities Service (RUS) and the National Telecommunications and Information Administration (NTIA) today issued guidelines for the second and last funding round to disburse $7.2 billion allocated for broadband infrastructure and adoption in the American Recovery and Reinvestment Act (ARRA) of 2009.

Here's a news release on the Notice of Funds Availability (NOFA) as well as links to the NOFAs for the NTIA's Broadband Technology Opportunities Program (BTOP) and the USDA/RUS Broadband Initiatives Program (BIP).

Given the delays in awarding funds from the first broadband stimulus round that closed last August, I expected this NOFA might not appear until mid-March at the earliest. Particularly given the NTIA and USDA solicited comments late last year on the funding requirements that elicited plenty of complaints and suggestions to digest.

I suspect the delays in making first round broadband infrastructure awards -- in large part likely due to numerous incumbent challenges -- prompted the NTIA and USDA accelerate the timetable in order to meet the ARRA requirement the broadband stimulus funds be fully disbursed by Sept. 30 of this year.

Unlike the first round, the latest NOFA calls for separate applications to each agency, with the NTIA concentrating on middle mile telecommunications infrastructure. I suspect by putting last mile far down on the list of funding priorities, the NTIA is hoping to cut down on the number of incumbent challenges tying up infrastructure awards in non-rural areas.

The RUS/BIP NOFA covers both middle mile and last mile infrastructure with an emphasis on the latter in unserved rural areas. Any area in which at least 50 percent of premises lack access to broadband of 5 Mbps combined for upstream and downstream throughput and is at least 75 percent rural combined is eligible under the BIP guidelines.

If a proposed BIP project area includes premises with no access to wireline -- or fixed or mobile wireless service -- offering throughput at the now obsolete Federal Communications Commission definition of broadband of at least 768 Kbs down 200 Kbs up, it is deemed "unserved" under BIP.

Unfortunately, the BIP squanders precious funds with a new separate category to underwrite discounted satellite Internet service, which in the view of this blogger is contrary to the ARRA's intent to fund advanced telecommunications infrastructure and not stopgap, substandard substitutes such as satellite.

Unlike in the first funding round, applicants no longer need define their projects based on contiguous census blocks. BTOP applicants must now use census block groups or tracts. BIP applicants can define their proposed service area boundaries as they wish using an mapping tool included in the online funding application.

Like the first round, the window for applications opens on short notice and remains open only briefly: from Feb. 16 to March 15. That means applicants will once again have to scramble which could like the first round in 2009 produce hastily developed and inferior quality applications.

Second NOFA for broadband stimulus funds should include seed funding for telecom coops

Cooperatives are in the news a lot this week. Specifically, health care cooperatives as a more politically palatable alternative to a Medicare- like government insurance "public option" plan that is generating a lot of controversy as Congress crafts an overhaul of private U.S. health care finance.

Sen. Kent Conrad (D-N.D.) is currently fleshing out the concept, which would reportedly include about $6 billion in seed funding to help the health care cooperatives get up and running.

As the National Telecommunications and Information Administraiton (NTIA) and the Department of Agriculture's Rural Utilities Service (RUS) prepare the Notice of Funds Availability (NOFA) for the second round of federal economic stimulus subsidies for broadband infrastructure this fall, they should include a similar provision for telecom consumer coops. Getting adequate funding and/or loan guarantees to cover the not insignificant cost of experts and consultants to put together a preliminary network design and business case analysis/long range business plan in time to meet the NOFA application deadline can be an insurmountable hurdle for coops that might otherwise propose solid plans to better connect areas that are unserved or underserved when it comes to broadband.

The guidelines for the first NOFA (applications are due this week) allowed for up to five percent of project planning costs to be refunded -- but only if the project is approved. However, that creates a Catch-22 for coops since they can't even develop a proposal that meets the NOFA requirements without these costs covered at the outset, which means a lot of potentially meritorious projects could fall by the wayside.

The second NOFA should include a preliminary step to allow telecom coops that have or have applied for 501(c)(12) tax exempt status to apply for grant funding or loan guarantees to cover project planning costs on the condition that they engage qualified consultants on an arms-length basis and put forth a good faith effort to complete the work within a relatively short period of time (60 days, for example).

They would then have to propose their projects immediately thereafter if the planning work shows the proposed project would meet the NOFA guidelines and be economically sustainable. If the project turns out not to be so based on preliminary design and business planning, that would give coops the opportunity to tweak their proposals to comply with the guidelines or drop them, saving both them and the federal agencies the time and effort of reviewing unfeasible proposals.

Full disclosure: Your blogger is founder and president of a startup telecom cooperative in El Dorado County, California.

App Rising: Ten ways broadband stimulus rules fail America

From App-Rising's perspective, the Notice of Funds Availability (NOFA) announced July 1 for the first round of $7.2 billion of grants and loan subsidies for U.S. broadband telecommunications infrastructure falls short of the goal of Obama administration and Congress in authorizing the funds as part of the American Recovery and Reinvestment Act. Some key excerpts:

In large part this stimulus is business as usual for America's broadband policy, or lack thereof. We're continuing to muck around, shuffling our feet when the rest of the world is racing forward. It's not just that this NOFA isn't aspirational enough, it's that it does seem to be aspiring to anything at all. There's no ultimate goal for what it's setting out to achieve other than getting some people some broadband. And there's seemingly little being done to even use this as a learning experience that we can build from and help guide future investments. It feels like NTIA and RUS just took the safest route, followed the same steps that have failed us in the past, and at best only marginally improved the approach. Because of this I can't help but feel pessimistic about what the ultimate impact of the broadband stimulus will be.

There are a host of truly shovel-ready, truly innovative, true testbed showcase projects for us to be supporting through this broadband stimulus. But based on how things are looking so far, I can't help but feel like this NOFA is already a massive failure and the money hasn't even gone out the door yet.

I agree the rules governing this first NOFA issued two weeks ago create too much opportunity for incumbent providers to delay proposed projects in order to maintain their territorial hegemony that is a hallmark of America's privately built and operated telecommunications infrastructure.

On the other hand, App-Rising sees this first NOFA as all encompassing broadband policy. It is not. The broadband provisions of the economic stimulus legislation call for the creation of an omnibus U.S. broadband policy by Febuary 2010. Plus the funding allocation was described by Obama administration officials as a "down payment" on a badly needed upgrade of the nation's telecommunications infrastructure. Finally, there's a good chance the rules of the first NOFA will be revised based on complaints such as these in the second and third rounds of funding later this year and early 2010.