Memo to RUS and NTIA: Proposed revisions for broadband stimulus funding rules

The two agencies administering rules governing the disbursement of $7.2 billion of grants and loans for allocated for broadband infrastructure construction in the American Recovery and Reinvestment Act -- the Rural Utilities Service and the National Telecommunications and Information Administration -- should revise the guidelines as follows:

1. Liberalize the rules to encourage consumer telecom cooperatives, recession ravaged local governments and small local fiber providers to propose projects. While the guidelines for the first round of applications issued July 1 allow up to five percent of application preparation costs (e.g. infrastructure engineering, development of minimum 5-year business plan) to be awarded in grants and/or loans, only projects accepted for funding can get these substantial costs credited back. This creates sizable up front risk and funding hurdles that discourage infrastructure builds by non-incumbent entities and providers. Revise the guidelines to include loan guarantees for engineering and business planning for projects that demonstrate good faith, diligent planning work. Doing so will encourage more projects and also help weed out those that seem like a good idea but won't pencil out.

2. Don't require non incumbent providers to be census takers and go door or door to document the level of broadband availability and adoption in census blocks comprising their proposed projects. That's a job for the Census Bureau and introduces cost and delay that are contrary to the stimulus funding goal of rapid deployment of broadband infrastructure.

3. Lose the broadband black hole preservation provision in the current rules that allows incumbent providers to challenge proposed projects. Also trash a provision in the definition of "underserved" areas deeming these areas as such if no wireless provider merely advertises service with at least 3MBs download connectivity. Both of these provisions will only introduce delay and may lead to litigation that's at cross purposes with the speedy build out of broadband infrastructure.

Minnesota municipalities don't like broadband stimulus rules

The Minneapolis StarTribune.com reports Minnesota municipalities are having second thoughts about applying for some of the $7.2 billion in taxpayer subsidized grants and loans allocated in the federal economic stimulus package for broadband infrastructure construction.

The reason is the 121 pages of guidelines issued July 1 by the two federal agencies that will review and determine which projects get funded require applicants to conduct door to door censuses of their proposed project areas to determine if the census blocks contained in their contemplated project areas qualify for funding under the rules' definitions of what constitutes an unserved or underserved census block. Skipping this step could jeopardize a project since it could be rejected outright by the agencies for lack of required documentation of need or challenged by incumbent providers as permitted under the guidelines.

An excerpt from the article:

The problem, as city and county broadband planners see it, has less to do with technology than with the sheer legwork required to create an acceptable proposal.

Applicants must prove that all the areas they propose to serve would meet a narrow federal definition of being underserved -- that 50 percent or more households in the area lack broadband access, or that fewer than 40 percent of the households already subscribe to broadband. That puts the burden on cities and counties to undertake expensive and time-consuming door-to-door surveys, because telephone and cable companies don't reveal which areas they serve.

The Minnesota munis' concerns are understandable. They don't see themselves as being in the census business. Conducting a door to door survey is a costly and time consuming task that means many prospective applicants have concluded there's no way they can submit project applications to the agencies by the Aug. 14 deadline for the first round of funding.