Broadbandlawyer

Transparency Dies. Broadbandlawyer Lives.

2010-12-13T16:19:00.003-05:00

There's a whole lotta lobbying going on down at the FCC.

They might as well replace the front doors with a revolving one.

It should be interesting to see how this Net Neutrality or Open Internet, depending on your preference or leaning, pans out.

I tell you one thing, it's a lot like the DREAM Act bill, the repeal of Don't Ask Don't Tell, the START Treaty and this Middle Class Tax mess. I don't think that is a secret.

If it doesn't get resolved by the end of this year, it's going to get murkier and murkier come January.

Let's just say the opportunities for the Free Birds are fleeting fast. Catch what you can!

She. He. It. Lives.

In Broadband Stimulus world, there's buzz and loose lips yapping about possible lawsuits against the administration of the funding.

Keeping my ears to the ground as it develops.

the numbers game

2010-03-23T15:42:00.008-04:00

i have tweeted, blogged and stated this before...

but i cannot reinforce strong enough that the secret to a strong application is in the numbers.

in addition to having at least 30% matching funds and a letter(s) from actual funders that will underwrite that 30+%, it is key to make sure your numbers presented on the financial portion of your application show that the project will be presented and completed in the most cost-efficient manner.

this means make sure you apportion costs so that most of the project budget will be used to support the most direct elements of the project. tangential and indirect costs can come from your working capital expenditures that will NOT be part of the funds requested from the government.

this brings us to the topic of taxes. the last communication i received from an inside source indicated that there is no certainty EVEN NOW that the grant funds from btop and bip will be exempt from taxes. the source's team was only able to get a speculative and not a definitive yes or no on the tax issue, even in spite of the IRS guidance which many agreed still left some holes and questions outstanding. worrisome, yes?

the source expressed frustration because s/he is deep in the middle of negotiating the final stages of funding and/or applying for round 2, depending on how everything pans out.

as all those who are checking and double checking their numbers right now leading up to the deadline this friday should know, it's important to know now and not later whether some of the budget will be used to pay taxes or not.

for a multimillion dollar project, the portion of the budget used to paying taxes can DEFINITELY affect the provisioning of service, the build out and definitely the bottom line.

what is a weary-eyed, exhausted project grantee or applicant to do? err on the side of caution and in the abundance of caution, i would say prepare for the possible situation when it will be determined (maybe later) that your grant would be subject to federal taxation.

best be safe than sorry. that is my motto. well, it's really my grandpop's motto, but i asked and he said i can share it with you all.

jokes! i got jokes this afternoon, ladies and gentlemen!

good luck! happy applying!

oh and another thing, i think broadbandlawyer got hacked when i wasn't looking. whoever it is trying to dig in my digs, CUT IT OUT! if you ask nicely, i can give you a piece of my blog space. manners, people. ha!

Scoops! Get your Scoops here!

2010-03-15T11:21:00.012-04:00

Ice cream for breakfast anyone?

(Suspend belief that I am on the East coast and submitting this in the afternoon. This post is still breakfast for those in the Midwest and on the West coast and in Hawaii! ha!)

Here you go in a nutshell: the latest insider info coming out of the mad warehouse:

Broadband Stimulus.

Aaaah! As you 2,000 or so unfunded applicants and newbie applicants scramble to assemble your Round 2 applications, take some time to pour out some libation in memorium of the over 150 Round 1 due diligence applicants that are STILL sitting in limbo.

Yup, those fortunate few, once the envy of all the under and unfunded applicants are being/have been told to REAPPLY in Round 2. For some reason or another (don't ask them why because, like you, they too have NOT BEEN TOLD) their application was not deemed good enough to push them over the hump and actually get funded.

There are 22 such BTOP applicants and 130 BIP applicants that are not rejected, yet not funded either. Let's call these "The Lost Boys" (in memory of the late 1/2 of the Two Coreys: Corey Haim.).

You would think being told to re-file would be simple enough, right? Not so much as many of you re-filing should know by now, the refocus and shift in priorities, and even the application requirements itself , are making it not so easy. Some of these folks were told to refile and given 2 short weeks to fix up whatever was not good enough with their last application and re-apply in this round with the rest of the lot. Who knows if they will even be given a priority.

You wouldn't care so much unless you had decided to forgo applying to cover an area proposed by one of these Round 1 due diligence applicants. You probably presumed they'd eventually be funded so you'd better not even bother loop those areas in your application. Now you know you really could've done so. So you too, errant speculator, are also getting the shaft by this misapplication of administrative processing.

True, so far all of those that past on to due diligence have gotten funded, but there is no guarantee that these "Lost Boys" will too. Even the NTIA and RUS said so.

Finally, since all of this was for the residents and businesses in the unserved and underserved areas, what happens at the end of round 2 when they still don't have sufficient or any broadband options? Simply because of this overlap? Those folks will be the real losers in all this, now wouldn't they? 'Tis a bloody shame, yes.

To recap, there are:

BTOP: 28 due diligence applications still waiting on funding or rejection
BIP: 124 due diligence applicants still waiting on funding or rejection

TOTAL: 152 <--That's a whole lot of Lost Boys. Here's to hoping the Lost Boys find their way because Lord knows we have enough Vampires running around from that annoying Twilight saga. Cheers!

Leveraging of Broadband Stimulus Funding.

I would imagine that those in the business of speculating on whether or not and to what extent to invest in and provide private equity support to BTOP and BIP projects really need to know whether the investment would be worth the effort and mullah. Granted these financiers take risks as are the applicants in going through all this process in the first place, and heck even the government that these ambitious projects will take off and indeed bridge the Broadband gap and get more Americans connected. Whatever it takes, we are all hedging bets that this effort will enable us, as a nation, to climb the ladder a rung or two and maybe even surpass the so-called "Third World" or developing nations that are ahead of the US in terms of Broadband deployment.

This weekend, I got a response to a lengthy query from an investor who is eager to learn how, if at all, the government plans on leveraging the total funds allocated to the broadband stimulus. The answer I received was this:

The exact amount of leveraging will not be known until the end of round 2 and will be based on the total amount of loans and grants that are approved.

I tweeted that but what I left out was the part about how the final leveraged amount is dictated by Congress...in the ARRA. So there is a clue there. Read between the lines in the enabling legislation, that is ARRA, and you will find additional insight into how it may be done. (Don't make ME have to do it for you. Not getting paid enough for all that. ha!)

I also think it would be worth it looking at the Farm Bill and looking at how those funds (loans and grants) have been treated. It can safely be assumed that a similar process and formula would be used here as well. Good luck! Happy speculating!

The National Broadband Plan.

I also got a chance to get a sneak peek at the essence of the National Broadband Plan slated for release tomorrow.

The Wireless Industry is a winner:

I am obviously not the only one to get a copy of leaked pieces of the plan as there are several journalists and media outlets giving out clues in their publications. The latest came from Businessweek which published a story this morning headlining that AT&T, Verizon, Google May Be Winners in U.S. Broadband Plan. The wireless industry clearly comes out on top the biggest! Why?

The FCC will propose that the Broadcasters give back some of their analog spectrum that they've been holding onto for dear life. In exchange, the government will give them a cut in on the action after the FCC re-auctions that spectrum.

Those that sell to the wireless industry are in the running to fare well, the article says. I agree. The spectrum has nearly dried up and we clearly need more with these smart phones becoming even smarter and with folks like Apple and Dell coming out with portable pads, and 4G and 5G devices, applications and programs sopping and demanding even more bandwidth and spectrum.

Further, there is encouragement on creative and innovative uses of the unlicensed spectrum so wi-max, wi-fi, mesh technology products and service providers will also be in the running to maximize new opportunities. I'm not sure if there will be more regulation, but I think there will be a freeing up of uses of the unlicensed spectrum as well as a widening of options for it.

The little guys will be winners.

Disability Community - There will be laws, policy and practical forums and steps to assist the disability community get broadband access, and skills necessary to take advantage of it. So if you are a manufacturer or supplier of goods and services to that industry, you should be poised to do okay. This is good for the disability community as well, of course.

Small Businesses - There are nuggets in there to help fund, train and provide other resources to get small business IT and broadband systems up to par so they can compete. Excellent news for most of my clients which are small businesses!

Native Americans can expect a separate funding for broadband on reservations and other efforts to encourage deployment, training and adoption. So if you haven't gotten funding through the BTOP/BIP for your Tribal project, there may be some additional funding out there for you to apply for via this new initiative.

Lawyers, analysts, lobbyists and policy thinking and talking heads will be winners.

With an estimated 40+ NPRMs and NOIs slated to come out after this plan is released (not to mention additional legislation from Congress and regulations from sister agencies), folks like me and my friends are in the running to do well helping clients figure it out and make sure their respective interests are protected and represented. There will be so much in-fighting because as you can imagine there will be folks on both sides of each issue all elbowing to stay ahead and afloat.

Talk about stimulus funding. At least some out-of-work attorneys may get some good work out of this. (and believe me, in this economy, the lawyer pool is flooded with many great unemployed talent)

That's all I got for now. All of it may be madness, but at least it makes life interesting for me at least, whose favorite ice cream flavor is Vanilla, of all things!

The MATRIX - 5 thoughts on the BTOP/BIP mystery

2010-03-01T02:25:00.006-05:00

I bet some of you are begging to be unplugged from the Matrix at this point as you scramble about trying to put together the best possible Round 2 Application you can in this very short window of time .

Well I have been told that I have been conspicuously silent amidst the melee (better known as utter BS) that has been ensuing these past few weeks.

Alas, I have awoken from my slumber (that is work for clients) to submit my two cents (for what it's worth) on recent events. My unapologetic brash take on things:

1. First, the denial to extend the deadline beyond March 15. Well just when you thought you couldn't get screwed even further by this process, we get this news that despite the fact that some of you got your rejection letters only recently and some not at all, you STILL have just a little over TWO WEEKS to prep and file your application. This is rubbish on several levels; the most obvious being that now that the government got rid of some of the ridiculous unrealistic and unreasonable requirements and definitions, you better believe there will be a very very strong pool of applicants competing for the same money this Round. I predict an increase in applications because you've got the losers from Round 1 and then those who had the luxury or foresight to sit by and watch the madness on the sidelines, learning all the while from our mistakes. All of these guys will be in this FINAL ROUND. It's not ironic that the deadline is on the Ides of March because there will indeed be many running to the death to get their applications done in time. I pity the fools...wait, I think I am one of those fools. Never mind. Just call me Titus. Beware of the ides of March, Ceasars.

2. Not getting sufficient info as to the reason for the denial. Again, how the heck is somebody or some entity supposed to fix whatever thing was wrong with their application if you don't provide ample reasoning as to what was wrong? This isn't rocket science. Heck, this isn't Rocks for Jocks Geology science. But I tell ya what, Just quit your complaining because you won't get a better answer. EVER. Stop waiting for it and get to cracking on your application already. The reason? The government given this practically insurmountable task didn't know the hell what it wanted either. So that being said, a good chunk of folks were set up for failure from the get go. I think those stupid maps and that unserved standard was to blame. People have got to realize that this entire process was a trial and error experiment for the government too. Agencies not used to dispersing this amount of cash to this many people over a short period of time were asked to perform a miracle on this one. Yeah they've messed up and messed up often, but I think we've got to cut them some slack and realize what they were up against. I have noticed that many have moved on. Let's catch up with them, shall we?

3. On landlines getting more grants than wireless and satellites and other nontraditional broadband transmission services. I am not surprised one bit. The problem though is that traditional fiber and terrestrial based projects are not QUICK to deply and wasn't one of the purposes of this all to quickly get folks connected? I imagine there will be indeed plenty of jobs created by folks having to dig trenches to start or complete a fiber ring. In the end of the day, all those wireless, broadband by powerlines, satellite and other transmission projects must realize that those mechanisms for getting broadband to the underserved and unserved are not as reliable, tested as down home wireline. So...it's not right but I think the government may have been playing it safe here in not wanting to pass out taxpayer dollars to unchartered territories that way. I don't think it's right because there are lots of innovation, creativity and unique platforms out there that I think would definitely work. Then, when you are talking for rural areas, wired services just isn't an option. Beggars can't be choosers so while the folks in urban epicenters with legacy networks firing up their broadband may have the best access, the wireless options would have been the very next best option to getting high speed access. Over time, technology will catch up sooner than expected and the QOS (quality of service) concerns will evolve and resolve themselves over time.

4. Minority , rural and Native American tribal communities not getting funded. Well you best believe there will be plenty of uproar and complaints being made on the Hill and to the White House on this one. The minority groups have a sympathetic ear at least this go round as the President is big on opening opportunities for groups not traditionally awarded these types of grants. SO NO SDB (read minority groups) got a grant though I learned that 13 of NTIA's 30 awardees said they had SDB contractors to get that one point. Whoop dee doo! And about rural communities not being funded as much as expected, well isn't that some stuff? This entire project was for those poor blokes in the first place. I'm shaking my head on that one. Finally, the Native Americans are still getting shafted, I see. What else is new?

5. Finally, I think it's high time we quit being a bunch of winey cry babies. It is what it is and us sitting around Twittering and Blogging about the Asaniness isn't gonna change a damn thing. Really, we protested, signed petitions and we couldn't even get a frigging extension of a week even. Dang it!

I haven't gotten a chance to dig into RUS's Round 2 App yet, but I have looked into and started helping out clients applying for the BTOP program. The answer to what you need to win this round I believe lies in the BTOP's "Key Metrics Dashboard" which you can download here. Within the lines of this chart which asks for various specific details about the project is the invisible SCORE SHEET we never got to see. The difference between getting a due diligence invite or not. What BTOP asks for in this document make up nice PR soundbites for a release and report to the White House. Your answer must be impressive, but REALISTIC. I do believe some Round 1 applicants started to believe their own hype and over stated what they can accomplish in their project. All it did was make them look amateurish and not qualified to pull it off. I've been wrong before but many times more right than not so...take that advice with a grain of salt.

Me? I'm going back in the trenches and hope to surface again more frequently to share news, scoops, and other deets as I get them.

Do you take the RED pill (See how far the rabbit hole goes) or
the BLUE (Wake up in your bed and believe whatever you want to believe)??

YOUR CHOICE FOLKS!

more non-news from RUS

2010-02-10T10:46:00.003-05:00

from a query asking about the status of one of my clients who has not received a due diligence notice neither a rejection letter, this is what the RUS Help Desk had to say:

BIP is in the process of sending out the round 1 notification letters. There may be a delay due to the Federal Offices in Washington being closed for the past few days.

It is my understanding that these letters will be sent via mail and email.

BIP has completed the process of sending out due diligence letters.

The helpdesk can not provide the status of individual applications.

In other words, forget about it and do like Uncle Larry said and get on your Round 2 application!

I have been out of the loop, but something that struck me when I last spoke with a RUS administrator. There are other existing programs out there where each applicant is assigned with a government agent who helps the applicant modify its application if it can to meet the needs of the government and to more easier be awarded the grant.

I would like to think something similar should have been done in this case as well.

Have three piles: 1. automatic rejects for various obvious factors and none dealing with politics, but perhaps a technical reason; 2. acceptances and 3. in-betweens. those that only need minor tweaking to get them there. I think rather than throw out ordinarily good projects that perhaps need adjustments here and there, it would be better to work with these applications to get them where they need to be.

I am certain there are dozens if not hundreds of applications that fit into this category. To have these guys start over at this point seems inefficient and I imagine frustrates many to end. I am sure many are considering throwing in the towel and simply giving up.

What to do?

What questions would you ask or what guidance are you looking for going forward?

I know I have been bombarded with emails about numerous webinars being hosted by various companies looking to capitalize on the frustration and provide guidance where they can.

No one should expect to hear from the USDA, NTIA or anyone in the federal government for awhile as it has been closed all week as folks weather these series of blizzards that have blown through this region. I know I, for one, lost power and consequently heat, from a major outage in my neighborhood. Just as we cleared the driveway and started to venture out to replenish supplies, we were hit with a third and fourth storm last night and this morning!

Whew!

There's Gold in Dem There Hills!

2010-01-29T04:56:00.006-05:00

Man, oh man! I do hope you guys have been paying attention to all the wealth of information being shared on the blogs, twitter and the websphere, in general. If not, here is a round up and I dare say a Follow Friday of epic proportions! ha! :

By now, you've probably seen NTIA's posting of all funded projects, I am sure.

Susan Estrada shared a couple of successful BTOP applications:

http://www.merit.edu/stimulus/
https://www.mcnc.org/btop

And folks have been summarizing their frustrations (I deleted an earlier permeation of mine on account of me reading it after it posting and realizing it was quite harsh - in a blame the victim - sort of way. Anyhoo, I like that folks are coming up with critical solutions and suggestions and not just blowing off steam.)

So, even though I cooled down, you can still catch ColoComLwyer rant as he gave the government quite the earful in his piece on his blog yesterday.

PJ from StimulatingBroadband.com stepped out of his traditional neutral journalism role to dole out some advice for tackling the government's mishandling of the Broadband Stimulus roll out.

It was so moving that it stimulated (get it Stimulating broadband?) Susan Estrada to urge her readers on her blog to join the effort and write your Congressmen/women to help change the broken system.

And I am heartened to see folks cluing us all in and sharing their inside knowledge.

While you're scrambling to refile, some of the folks who've been around us guiding us all through the anxious "waiting game" these past months are trying to help out in the next round, alas Broadband Stimulus Craig Settles Successful.com is offering assistance. As is WirelessScott whose company AspenWireless helped some of his clients get funded. Recall, he was one of the first persons ~~boasting~~ keeping us abreast as to what his winning client was going through as it was going through the award grant process. Not sure who's behind this company, but Keenwire too is offering to review applications for a flat rate. whew! I wonder how "flat" is flat?

JamesMardis shared his tweets from watching the latest oversight hearing for those of us too busy to tune in at that moment, but could easily monitor tweets from the middle of a meeting. Thanks James.

RahulG a reporter for BroadbandCensus.com is gathering questions to take to the FCC for the next BroadbandCensus.com breakfast and I assume to actually take to the FCC for an answer. I left mine. You should too.

WilkinsonBarkerKnauer tweeted the pdf to the Federal Register notice publication of the NOFA II and has been keeping us up to date on all the scheduled hearings and workshops.

Apart from moderating a very useful Broadband Stimulus LinkedIn group, JenniferHoltz has been sharing lots of good info via her Twitter page.

As has been the always on top of things BroadbandAccess guy, Michael Smith who has an eerie knack of knowing information from NTIA and RUS and giving us the heads up as the info is released.

Occamnetworks has been providing its insight along the way as well on its BBStim blog and recently tweeted live and direct from its BBSTim webinar.

The Benton Foundation has been an excellent source of Communications news from around the nation.

As usual, Geoff Daily is never shy about sharing his predictions and suggestions on the BBStim issue and other network policy issues on his very poignant App-Rising blog

OneCommunity chronicles and reports the Broadband Headlines of the day.

and by All means follow GrantGros, the reporter who I had my first Internet "beef" would. I feel like I have some street "cred" now. He tweets links to stories on communications and broadband each week that he writes for ComputerWorld, IDG News Service and PC World.

And while you're at it, you might as well check out the adoption efforts of the BroadbandForAmerica coalition of industry companies and groups. The Broadband4Us twitter stream usually has good nuggets of info as well.

edited to add:

: Check out the Wireless Cowboys blog at http://www.wirelesscowboys.com/ which is full of good wireless ISP stories about delivering broadband in rural areas. The series on Medicine Bow, Wyoming is an appropriate one for anyone wanting to find out about delivering broadband to really rural areas.

Thanks matt!

Who did I miss?

leveraging Round 2 Funding

2010-01-28T01:03:00.004-05:00

I got this question in my inbox and I have the cohones to admit I do not have any clue. I looked at the NOFA and was left scratching my head because it wasn't clear nor really spoke to the issue. I haveasked around, but the answer seems to be something I will have to call up my good friend Jessica Zufolo from RUS on...in the meantime, I will leave it here in case anyone comes up with the answer before she calls me back

The RUS has consistently talked about leveraging the money 7:1 for loans, but they have never really explicitly reconciled this with their funding pronouncements. Any ideas?

I think the answer may lie with those who have gotten funding via the other RUS programs like those created via the Farm Bill. However, it is done with those programs, I assume is the way it will be done under RUS. Will get back atchya feller. Hold tight!

out, but not down...

2010-01-26T11:47:00.002-05:00

...someone emailed me asking if this blog was shut down. (i'm certain he was joking).

not down, just overwhelemed at the moment with various client projects, that is all.

unfortunately, none of my clients passed to due diligence so needless to say I have been recruited to ascertain whether they should file a second time.

this is eating up much of my time, thus it means little time to update this blog.

i am keeping up to date with the Twitter buzz and am actively participating over there.

...just not here.

soon. hopefully. soon. like the Kung Fu masters says, "Patience Grasshopper"

so i lied...

2010-01-20T14:28:00.004-05:00

...i am too deep in a current client project to tend to my loyal followers...all 6 of yous! ha!

I am hopeful after a couple of high pressure deadlines get met this week that I will be able to come up for air and reconnect, but in the meantime, I am liking what Craig Settles has to say in his analysis of the NoFAs which I am linking here! His detailed plan of action tackling your Round 2 application is EXCELLENT! CHECK It out here!

In response to his question on whether satellites should get remaining stimulus money in the end if communities are still unserved after all the awards are given out, I remind him and everyone out there that some terrain just cannot be penetrated. I mean if Osama Bin Laden can send a message in the mountains of Afghanistan and Pakistan using satellite why can't Molly Pocket in boondocks West Virginia. If satellite is the only means of getting broadband access (even if it isn't the best way), so be it and I say better some access than no access.

I also agree with Settles' last assessment in one of his posts:

Those of you in the middle of Round 1 who haven’t been called in for due diligence? You may want to consider packing it in and looking at NOFA 2. Since the rules and requirements have been streamlined in some important areas, you may not be looking at that much work to prepare a new application. Besides, your original proposal’s still on the table and you could get that last-minute call.

I say the new NoFAs appear less convoluted than the first one and time should be spent re-crafting the old Round 1 apps into a cleaner, crisper and more responsive application. I agree it couldn't hurt. You've already have your knees, feet and hands deep in all this stuff, might as well stay the course. Good luck!

also...

By now, you know that I was quick on the draw again with another prediction, this time alerting the Tweeps of today's announcement of new grants awards.

Also, the way the grants were announced also confirms another past prediction -- that most future announcements will not be done with the same fanfare as the initial awards. Also, as I also predicted (based on the buzz in my ear), the NTIA & RUS's with their separate NoFAs and announcements, have indeed divorced. I guess counseling didn't work.

I foresee a new career as a Broadband Soothsayer in my future. Hahahaha! I crack myself up!

rage against the machine

2010-01-19T13:13:00.003-05:00

shhhh....you hear that?

the crescendo that is building?

it's the collective roar of frustration that is about to erupt...

it's coming from thousands of applicants who have put aside business plans, and other priorities chasing a piece of the broadband pie...

...and just as they think they've got it all figured out, they're told to maybe hedge bets that they WON'T be funded and to go back to the drawing board, reconfigure, reorganize, re-prioritize, fix what may or may not be broken and come again.

I am knee deep in NoFAs and answering many queries and concerns from clients and Broadbandlawyer followers.

I'm going to regroup and get back to you good people in a few short hours.

like my good pretend friend, Bill Clinton, once said, "I feel your pain."

from the Horse's mouth

2010-01-14T13:43:00.003-05:00

Good news!!

Update folks:

This is what the RUS contact informed me and I quote:

BIP is in the process of finishing up with Round 2. ( I think she means Step 2. Due Diligence)

There may be a few more invites sent out.

I have a full plate today and cannot comment much, but wanted to at least share that tidbit of news as promised. Cheers!

...end of the Road.

2010-01-12T19:34:00.003-05:00

...I'm sad to have to pull out my old vinyl of that Boyz II Men remake of "End of the Road" but a very reliable source just informed me that the gig is up.

I was told that all those who are to be invited to the due diligence round should have already received notification.

I do hope/wish that isn't the case for so many of the great applications out there, but if it is, there will be many people upset in a week or so when they get their rejection letters.

Tough going. This is one time I am hoping my source is not right.

Edited to add: the source of the information was referencing NTIA so all may not be for naught at RUS.

The Money Grab

2010-01-12T05:51:00.008-05:00

It looks like some people are trying to capitalize on the frustration some are feeling over not getting word yet that their projects will get funded and are going after desperate folks with Broadband Stimulus Grant in a Box kits. Check this out:

BTOP Grant Application Support Package

I'm all for capitalism (even though this looks like a Chinese company) and I wouldn't knock another man's hustle, BUT and that's a Big BUT, at what point does this smack in the face of the purpose of the grants and turns to an unadulterated money grab?

Are all the consultants, equity seekers, attorneys and analysts who are advising applicants going after their cut in the money grab and looking for their big pay day as well? After all, the government permits a good percentage (EDITED to add the words "up to" 5%) of the funds to go towards professional consultancy fees which include grant writers.

[EDITED TO ADD based on an email I received, you are not at all obligated to surrender 5% of your grant money. The government simply permits you to use up to 5% of the grant funding to pay for invoices for services that accrued from the day the application was released until your application is completed. By all means, it is NOT A CONTINGENCY. There is a presumption that you should have paid bill in advance, but to the extent you have an outstanding balance, you are permitted to use award funds to pay towards that balance that consultants, attorneys and engineers charged for their services. Sorry to confuse. See Below*]

What percentage of those waiting for funding are truly eager to getting word that their work will start to get America back on track to being a competitive force in the broadband world and connecting unserved and underserved populations of this great nation and what percentage is just waiting for their cut in the stimulus funding?

It boggles the mind. I suppose it doesn't help that I've had to listen to independent radio for a client project I am currently working on... Much of the rhetoric being espoused is couched in between segments of people cursing the government for taking tax payer dollars and distributing them among various projects they don't approve of and for making private industry and their lawyers and consultants rich.

Are the consultants guiding applicants just as guilty as the Grant-in-a-box guys?

I'm thinking............................. HELL NO! It takes a lot of energy and work to pull this stuff together. I, for one, know what my team went through on behalf of my clients. That is certain.

As all of us watching the stimulus funding know, the ideal project is still an enigma to the administrators themselves. All this has been a trial and error process for them too - these uncharted waters they find themselves in. How the heck are these bozos pushing a one size fit all package thinking this is the solution? (though I would give them that it is a crisp organized tool for presentation purposes)

However, at this point, I think you'd need three college degrees including a doctorate in economics, an engineer Master's degree, a JD and not to mention a little bit of clairvoyance and mind reading capabilities to know what it takes to put together THE perfect grant application.

And even then, you'd offshoot by a mile if your application did not include top experienced management team with an impressive background and track history for success.

Again, there is a big BIG BIG fear from the grant administrators of funding projects with so-called new companies with no experience in managing big projects. The administration does NOT want any failures to come back and bite them in the ass.

I think that is also the reason behind the hesitancy to fund private companies with no public government party partners. After all, the government is supposed to be looking after its constituents and is presumed to not sell out its citizens in favor of large executive bonuses. The idea of being seen as doling out tax dollars to support a private company's bottom line scares the begeezus out of some of these administrators. To be honest, I do think some private companies were arrogant in thinking local and state governments had/have no clue how to run broadband and weren't worthy of soliciting for partnership. Maybe, they will have the last laugh in the end. Who knows. I digress...

Again, soooo unless this package was formulated via a carbon copy of a winning grant, I'm thinking a plug-in approach won't cut it! Nice try. Come again. I do hope no one is so desperate enough to try and get around hiring a top notched experience consultancy team to resort to something like this...

You know what they say, "desperate times call for desperate measures"

The answer is to be patient and not wave the white flag until...oh...two -three more weeks when you will know for sure if your project will get funded or not. Then PANIC!

(just kidding...if not funded, the answer, if you can bear it will be to learn lessons from those that did get funded, start over and hire one of the great experienced people who will be able to read the tea leaves and get you there.)

* Section D.2.(a)(iii) of the NOFA permit fund dollars to be used

"To fund reasonable pre-application expenses in an amount not
to exceed five percent of the award. Pre-application expenses may be
reimbursed if they are incurred after the publication date of this NOFA
and prior to the date on which the application is submitted to RUS or
NTIA;"

Sources say....

2010-01-08T14:00:00.009-05:00

Boy, did we take off running since we came off the holidays. I am truly pleasantly amazed at the recent discourse that has been going on in the Blogsphere and Twitterverse lately. Everyone's abuzz with suggestions, predictions, prescriptions, and speculation.

All's back in play too over in Broadbandlawyer world. My NTIA and RUS sources are also back on the grind and feeding me some info that inquiring minds want to know.

First up, the NTIA:

Earlier this week, I tweeted that announcements were imminent within days. It turns out the source was privy to preparations being made to hand out new awards. Alas, there indeed HAVE BEEN DECISIONS made to fund additional projects that have gone through the due diligence stage. However, my source is not certain whether the individual applicants are being notified privately or if there is an effort within NTIA to gather and amass as many approvals as possible before making the next big announcement.

[Time out for commentary: I think perhaps the NTIA is feeling the pressure to fund larger projects and many more of them that will create more jobs than these smaller grantees from the original 18 will be able to generate. Also, with over 2,000 applicants, it will be really looked down upon if they crank out a small number AGAIN. These agencies have a tough task, but they have to step up their game.]

The source said the due diligence process is thorough and detailed and s/he thought maybe a little too much as the extra time is causing the delay. I do recall reading a tweet from that guru consultant Craig Settles mentioning that one of his clients had gone through three rounds of due diligence.

[Time out for commentary: Again, I think since Mr. Strickling announced that the NTIA will NOT fund a BAD project, the pressure is on to make sure that everything is verified. As we have seen in the trade press, there is already criticism that the initial grantees may be too small and inexperienced to pull off what they say they will in their applications. There is a big the fear of funding a project that doesn't create sufficient jobs, is managed poorly or squanders all the funds. Hence, the extra scrutiny. Also, incumbent challengers seemed to have succeeded in slowing down the process, at least, because there is more work for field workers out there verifying broadband coverage. I am still not certain that awardees that were challenged aren't going to be the subject of lawsuits and other complaints as we've seen happen in Maine where legislation was initiated to "defund" a project awarded a grant with the University of Maine. ]

Finally, the source said s/he was unsure if there will be a major announcement of the awardees later, even if some or all are contacted and notified they will be funded.

[Time out for commentary: I think if the NTIA elects to do a major announcement, it will come within the next two weeks. By then, I think the final due diligence invitations will be sent as well. With the current trend and NOFA as a guidance, the due diligence process will take a minimum of 30 days to complete and if both agencies are thinking of finishing up the Round 1 awards by the end of February, any grant seeker hoping to be funded should have been invited to the due diligence round within the next two weeks.]

Now for RUS:

I got a response from my contact with RUS asking specifically on behalf of my clients who are yet to get due diligence letters for access to whoever it is working specifically on their application.

Negative! Nope. Too many applicants to share that. There are no "field" officer assigned to the projects she said.

Hmmm. Okay. Then I asked about the timing. Should these guys start throwing in the towel, shifting their priorities or prepare for round two. Certainly, they'd need to know if they will pass due diligence before making these decisions and it is not fair to them that the agency's delay is costing all these companies valuable resources that could be going to other efforts.

To that question, I got this answer:

*crickets*

No worries. I sent a follow up and will call this afternoon to press further. Hopefully, she is out fetching a response and I will hear back soon.

Nonetheless, I think Administrator Anna Gomez reply during the CES as reported by Steve Blum indicated that NTIA, and by default RUS also, are aiming to get the final awards announced by the time the next round applications are due.

My assessment:

For all of this news, I think the writing is on the wall if you are a Round 1 applicant who has NOT yet been invited to the due diligence. The project may or may not be in the last rounds of announcements. (I predict two more major announcements) However, I also agree with others' assessments that it is best to prepare for the next round, just in case. Well, that is if you have the stomach to be jerked around longer.

It's good to be cautiously optimistic, but at least as a precautionary measure, it may be a good idea to take a second and CRITICAL look at your application and examine what it lacks and compare it to the projects funded and to the ones to be announced soon. With just 18 projects funded, it may have been difficult to spot any trends, per se, as 18 is such a small sample.

However, I do believe there are clues and several of the analysts and BBSTIM watchers have done excellent jobs with these trend predictions. NTIA Administrator Ana Gomez praised the NGN project as a pretty good standard for middle mile project, falling short of saying go forth and copy that model.

Maybe there are some minor items that need tweaking. If you did a multi-jurisdictional application, maybe you want to scale back and focus on one region to make sure your data is accurate. (Recall, there were some states that outright threw out applications for consideration to be prioritized if the applicant proposed to serve other states than their own. ) If you lacked sufficient public and anchor institution endorsement or partners, maybe start seeking out some more to sign up and start with that new tool just announced this week. Maybe you didn't get prioritized by your state, perhaps a call or meeting with state and local decision makers is warranted. Maybe you relied on maps or analytical data that was flawed and you know the flaws and what to do to tweak it. Here's the time to tweak. Perhaps, you proposed to serve an unserved area without thoroughly verifying that the area is indeed unserved, it may be a good time to do a double check. In short, there's no reason to just rest and wait for the news, be it good or bad.

That's it for me. I only have a few more hours in the work day to be productive and stop all this gossiping. There. I admit it. This may be just a gossip blog after all.

yup! This sums it up

2010-01-07T13:59:00.001-05:00

This guy says it all!

Commentary from Forbes.com
Broadband Stimulus Lacks Bandwidth
Daniel Hays 01.06.10, 9:00 AM ET

The federal government's announcement of the first broadband stimulus awards is a terrific first step in extending the reach of broadband communications across the United States. However, the Department of Commerce's National Telecommunications Information Administration (NTIA) and the Department of Agriculture's Rural Utilities Service (RUS) need to pick up the pace in awarding broadband stimulus funds, and take additional steps to ensure program dollars are deployed with maximum efficiency and impact.

Despite significant interest from public and private entities in all 50 states, so far only 18 of 2,200 first-round applicants have received awards. That's a total of only $183 million, barely 2.5% of the $7.2 billion in funds allocated for broadband in the February 2009 American Recovery and Reinvestment Act. This is particularly surprising, as first-round applicants prepared requests for more than $28 billion in grants, loans and matching funds--more than 10 times the amount available. Moreover, the recipients did not include some of the largest, most impactful and most sustainable proposals.

At this pace, the awards will not only fail to achieve their stated purpose to expand broadband access to unserved and underserved communities across the U.S., they will also lag significantly in their related goals to create new jobs, generate investments in technology and infrastructure and provide long-term economic benefits. Even if the government achieves its revised milestone of distributing all additional first round awards by the end of February, it may well be too late to have a significant impact.

My firm, PRTM, has worked with public and private organizations to plan for and implement successful broadband networks since the early days of broadband technologies and businesses. Based on hundreds of such projects worldwide, we see three critical gaps in the government's current approach.

Lack of a Clear and Cohesive Broadband Strategy. While the Recovery Act's funding of broadband stimulus projects is admirable, the overall broadband program lacks direction and strategy. The U.S. needs a broadband strategy that addresses public need and key market opportunities, aligns economic benefits and costs and provides a road map for developing the necessary technology solutions. Although the Federal Communications Commission recently started work on a National Broadband Plan, the basic strategic framework is not yet in place. This is critical for guiding subsequent rounds of broadband stimulus awards, and for avoiding significant misalignment and waste.

No Clear Criteria for Prioritizing and Funding Projects. Broadband stimulus applicants face a dizzying array of questions during the applications process but have precious little insight into how their applications will actually be evaluated. In commercial environments, such projects are routinely evaluated on clear criteria such as return on the proposed investment, size of the potential market and alignment with the business strategy. No such measures exist for the broadband stimulus program, however, causing applicants to aim blindly while they assemble up to 500 pages of supporting information per application. The evaluation process needs much greater transparency, as well as a simpler approach that will speed up the distribution of awards to recipients.

High-Risk Approach to Ensuring Efficient and Effective Deployment. Perhaps the greatest risk to the success of the broadband stimulus is posed by the challenge of ensuring the awarded funds lead to new jobs, enhanced broadband access and sustained economic impact. To date, the majority of awards have been small, averaging just over $10 million apiece. These are unlikely to create the types of economies of scale that would normally be desired in broadband programs. Furthermore, the awards are often going to organizations with minimal track records of successful deployment and operational performance. Applicants will need to access significant capabilities in network deployment management, operational scale-up and market launches. For the broadband stimulus program to succeed, these organizations will need substantial help, or risk failing in large numbers like past program participants.

The RUS and NTIA face great challenges in administering and ensuring the successful completion of the broadband stimulus program. Likewise, the recipients of the broadband stimulus awards face similar or perhaps even greater,obstacles in building successful and sustainable broadband businesses. As we approach the next round of awards, more than $7.2 billion is at stake. With new jobs, wider broadband access and continued economic competitiveness hanging in the balance, this is an opportunity we cannot afford to lose.

Daniel Hays is a director of PRTM, a global management consulting firm. He is based in its Washington, D.C., office and can be reached at dhays@prtm.com.

of POTS and Pans

2010-01-05T14:26:00.012-05:00

"i am not my mother's keeper" (mother=Ma bell)

AT&T is saying, in its comments on the FCC National Broadband docket, that it needs to shut down the PSTN (public switched telephone network) in order to divert resources used to maintain POTS (plain old telephone service) onto efforts to expand its national broadband network. I believe in the free market economy.

Instead of shutting it down and disconnecting millions from communications with others, why doesn't AT&T just sell off that part of its business to someone who will happily take it off its hands?

Someone pointed out that it is all a smokescreen, e.g. a convenient excuse for not wiring rural areas with broadband. Perhaps. Others have pointed out that it may be a strategy for manipulating the intercarrier compensation rules or easing out of some of the Universal Service Fund obligations.

Madness!

PSTN and POTs aren't going anywhere soon as this US of A is NO where close to being ready to transition away from the stable, secure, infrastructure and institution that is landline telephone service which took blood sweat and tears to install, underground, where the wind can't blow it away!

I, for one, am not looking forward to having to resort to blowing smoke signals to communicate with the outside world in the event of a national disaster and I'm stuck, like after the wireless towers and transmitters have fallen to the ground and the battery in my VoIP phone finally dies the 7th day without electricity. No sir. The last man standing will be the one with a terrestrial traditional Ma Bell telephone service or the dude with the satellite phone and who other than Bin Laden operatives in the mountains of Afghanistan owns a friggin satellite phone?

To say the country is ready to navigate to a 100% broadband telecommunications network that relies on wireless signals and a nascent network of fiber that needs electricity to operate at the end user's residence is premature at best.

Wasn't it Judge Green who said "give me landline telephone service or give me death?"

back at it!

2010-01-03T23:30:00.005-05:00

Happy New Year all!

Are we ready to get back into the swing of broadband stimulus funding watching? All has been quiet on the war front as of late, no?

I know I for one am eager to return to work, though I may have a few more items on my plate that may prohibit me from being the pesky agitator that I have grown to become and love becoming as of late.

On tap this week:

1. Wait patiently (which is not long for me) for a response to my queries before the holidays, then follow up with a phone call for some answers.

After then, I hope to have some insight or clues as to when to expect the next round of announcements. As usual, I am sure to share with the few of you who come to visit me occasionally.

2. Continue to scour for a good summary of the RFI comments. I am sure some associate(s) at some big AMLAW 100 firm have put one together. Now getting my grips on one is another story, altogether.

I am willing to exchange some wicked PowerPoint presentations about various Broadband Stimulus related stuff in exchange for a good summary I can post here. Any takers? Consider this my unsolicited offer for a fair trade.

3. Continue to engage the high level policy thinkers and makers I come in contact with for some additional clues on the status of this rollout

4. Sleep. Eat. Repeat.

That's all folks!

Oh and another thing, who else has started to get inquiries and solicitations from investors? I know most people have been getting pitches from manufacturers, installers and service subcontractors and support companies, but as of late, I've learned that some hedge funds, private equity folks and investment brokers have been reaching out to applicants --not just winners.

Isn't that interesting...

out of the mouth of babes

2009-12-28T17:27:00.007-05:00

I spotted this comment to an article in PC World by my new buddy, reporter Grant Gross (it was a reprint of the IDG article, Government Broadband Project to Compete with Existing Service.)

Little 14 year old melindaann13 commented in reply to this quote in the article,

"It doesn't sound reasonable that a competitor would get tax dollars to compete".

She wrote in response:

It doesn't sound reasonable for Windstream to be fighting new services when they aren't willing to improve the existing services themselves.

If they are really as good as they think they are then they should not be so worried about new competition.

Their services don't even begin to meet my needs, and I'm only a 14 year old 8th grader.

I'm going to take today to be naive and open and believe that this really was a 14 year old kid, probably the daughter of a consumer attorney! Sounds as inquisitive and percocious as my 8 year old policy savvy kid!

Speechless

2009-12-23T12:48:00.011-05:00

I am going to reserve judgment on yesterday's announcement of the latest mapping grants.

I am not even going to comment on the fact that some states' maps will be created by a "non profit" organization (with major industry board members) that lobbied states to become their designated mapping grant designee using "seed" capital partially funded by the very same industry incumbents that decided not to apply for grants themselves but are equally NOT interested in having the government subsidize their competitors with grant/loans, enabling these new entrants to provide service to the very same areas that these incumbents claim they are already serving, and by "serving" that is if you mean the incumbents can, if they wanted to, go in and actually build the capacity for all the residents in the area to actually receive broadband access if and when they wanted but are not, well not today anyway because it doesn't make economic sense to right now, as in a "I don't want to play ball, but I am going to take my ball and go home so you can't play either" sort of way...

I won't even say a word about the fact that unless the criteria by which these states determine who is served and unserved is changed radically (read: abandon some or all of the definitions), those same states will end up with horribly skewed inaccurate maps of broadband availability and will end up wasting a bunch of the tax payer's money and make the NTIA look bad in the process for funding it in the first place especially when it should have known better as all the signs pointed to the fact that it all was a BAD BAD IDEA!

Nope. I will keep my judgments to myself for once.

The gig is up?

2009-12-23T00:33:00.001-05:00

Up until recently, there have been just a few of us watching the dole out of Broadband Stimulus funds in this little slice of the Blogsphere and Twitterverse that we've carved out for ourselves. (you know who you are)

I believe at some point, recently though, some other people started to notice us huddling over here in our corner one stratosphere to the left of cyberspace. They see us snacking on our nacho chips and beer with our feet cocked up on well-worn ottomans kicking back, talking smack about the government and sharing our thoughts and guesses on how we feel everything is going and better yet how feel it SHOULD be going. Yeah, we've got BIG talk for a bunch of cybergeeks.

Oh but the new watchers - they don't chime in. Make no mistake about that. I'm slowly beginning to think they Just watch. Shake their heads a little. There's some tsk tsking. Some finger wagging maybe. I can feel the hot breath of a little bit of judgment on my neck. Definitely that.

I am just praying to the heavens that the slow down in info from sources this week is on account of the holidays and that some haven't stopped sharing 'cause they've figured out that I'm taking the juice and tip toeing back to the computer to spread the word among my Twitter buddies. No one has love for a loud mouth dweeb.

I'm hoping I haven't become a victim of my own notoriety - even if it is based on a narcissistic delusional impression that I am more relevant than I really am.

And Yes. It is too early in the morning to be blabbing like this. I can admit that. Good night.

Scoop This!

2009-12-22T08:44:00.001-05:00

On my tracker for this week:

1. Someone asked me if I thought there would be additional awards this month. My RUS contact told me earlier that she knew awards would be given out by the end of the month. I asked her to clarify if that is still the case or if she was referring to the ones given out last week. To be honest, I would be surprised if that was the case because it looks like it took much scrambling and such to pull off the multiple simultaneous announcements in multiple states, embargoed releases and carefully crafted and selected applicants and... whew! I'm exhausted just writing all that down. So I do not think this close to Christmas and New Year's the government has all that in it to repeat. What MAY happen is that the final waves of the remaining 2 billion and change is released purely Press Release style as was the case with the Mapping Grants. (edited to add that I am not questioning that they will be awarded just the method)

I put in my query to my old faithful RUS contact and will report what she says.

2. While I had her ear, I also asked if the remaining $2billion and change allocated for round 1 will be announced before the NOFA for round 2 because clearly people need to plan these things around whether or not their project is funded in Round 1. We'll see what she says...

3. Finally, I also asked her to verify the Twitter accounts. Someone (St. Louis Broadband) questioned if the USDA and NTIA Twitter accounts were authentic considering the fact that neither had the verified Twitter marking of authenticity. Twitter started handing those out at the requests of celebrities who were finding people were opening fake accounts with their names (e.g. well hard earned brands), accumulating massive amount of followers and pretending to be those celebrities. Apparently, FCC was astute enough to request one when it started or a bright intern at Twitter saw the account and confirmed its realness. In any event, the NTIAgov Twitter account hasn't been updated since last week, which could mean one of several things: a. it was started by someone at NTIA but whoever is in charge is not updating it regularly; b. there's no new news to update (this one I hardly believe as there's always something going on that FCC is at Tweeting feverishly about); or c. it was started by a someone without authority to create it who just isn't keeping it up and is creating cause for him/her to be outed sooner than later.

In other Broadband award speculation news, CJ Settles published an article on his blog sharing some insights and pontificating on whether his early predictions have come into fruition.

In response to his thoughts over the fact that Telcos were awarded relatively small amounts, I'd say that was the case simply because of that "rush" he mentioned to get something out the door STATt! Just as the public/private partnerships made sense to fund out the gate, so did it make sense to fund projects requesting smaller amounts that most likely weren't challenged. The one big project that was awarded and announced by Biden has already been getting some mild push back from those that challenged its funding area.

Also, there was a lot of speculation that wireless guys would be the big winners. Many point out that the NOFA and literature coming from the government seemingly favored wireless projects. I think that will still be the case when it is time to award last mile projects.

All those early analysts were and are correct that it makes sense to fund the middle mile projects that will create the infrastructure to reach the internet backbone and will provide lower cost options for the last mile folks to interconnect to, so to speak. Wireless is still not seen as a viable middle mile solution, whether correctly or not and perhaps that is why fiber and maybe some satellite projects may win in that arena. Who knows?

And in reply to CJ Settles mention of the Chest Thumping by the winners, I think it's one thing to make big claims but the government reporting requirements demand that projects document and report every single NEW customer that the project signs up.

So to say, 'I SEE YOUR 700 NEW SUBSCRIBERS YOUR PROJECT CLAIM AND I RAISE YOU 7,000 NEW SUBSCRIBERS' you've got to be prepared to Walk the Walk after Talking all that talk eh? err. yeah.

Anyway, all this speculation is making me hungry. Time for breakfast!

Everyone's Got an An Opinion These Days

2009-12-19T18:46:00.000-05:00

Take a gander at all the early blog posts and articles analyzing the latest awardees? I wonder when the mainstream press is going to get on this. Kudos to the following outlets:

EDITED TO ADD A BIG OMISSION: Craig Settles, the preeminent consultant and analyst who has been out in front on these issues since early on... In his review, he confirmed what he predicted months ago: that public/private partnerships would be among the BIG winners
EDITED TO ADD Stacey Higgobotham's analysis which questions whether the original 4.1 billion allocated for Round 1 has been dwindled down to just 2billion.

App-Rising has a critical but optimistic analysis

Telephony's Analysis is pretty informative and introspective

Telecompetitor's got the Local perspective

The Blog of Equipment Manufacturer OCCAM Networks has a pretty good analysis with predictions

The Benton Foundation suggests we (watchdogs and government alike) measure the results from what is supposed to happen with the grants and loans carefully

A reporter from ComputerWorld took the bait from the PR pitch folks of Windstream or TDS Telecom, companies that challenged North Georgia Network Cooperative's application claiming they served the areas North Georgia proposed to serve. Looks like incumbent challengers won't go quietly into that good night after all...

The White House has a full Report of the projects announced Thursday and a summary of this Report on its Recovery website

NTIA listed on it website an outline of each of the 10 BTOP grant awards it has made so far. (and edited to add that this explains why my informant was of the position that BIP and BTOP divorced. Looks like there is no BIP page for awards thus far as only those awarded BTOP funding must have been contacted for information that is not due diligence related)

and in other updates, NTIA is now FINALLY on Twitter, (*edited to ADD, if it is real as it has not been Verified by Twitter) A little late to the party, but better late than never, right? Let's welcome them and follow them as with only 43 followers, NTIA has a looooong way to go to catch up with the FCC's 240,631 followers (and counting).

NTIA joins Commerce Secretary Gary Locke who has been there since September 24, 2009, who followed the FCC which started its Twitter account on August 14, 2009, one month and a day after the USDA (also unverified) did on July 13, 2009 (a trailblazer in Government years ).

I still think the BTOP and BIP programs should have their own unique (Verified) Twitter account which they use to supply up to date information. Come on in guys! The water's fine.

Perhaps part of this move to go where the people driving the discussions are is driven by the White House which issued specific guidelines and directives recently requiring all administrative agencies within the next 60 days to create an OPEN government website where they share with the public information about proceedings that the public wants to know.

I guess you can say that Broadbandusa.gov is that type of website, but since the purpose of the executive memo on transparency which was the impetus behind the directives issued this month was a call to more OPENNESS and TRANSPARENCY, we can all agree to disagree that the Broadbandusa could do more to be both those things.

Not to belabor the point further, but I really dug the part of the directive that required agencies to proactively use modern technology to disseminate useful information, rather than waiting for specific requests under FOIA.

I saw that and immediately thought of (1) all those States that refused to make their priority picks public and (2) Strickling's mention during the last oversight hearing of the dozens of letters the agencies had gotten from various Congressmen/women inquiring about projects on behalf of their respective constituents.

I mean inquiring minds wanted to know this type of stuff and shouldn't have to go through the sometimes timely FOIA (Freedom of Information Act) process to get it.

I'm off for now, just got a disturbing analysis of the government's latest statement about the Stimulus funding

Stay tuned...

there is no vocal virtuoso with a large girth in sight

2009-12-18T12:45:00.000-05:00

or in other non-PC terms, "It aint over until the Fat lady sings"

There appeared to be some confusion from applicants who were not named among the first awardees yesterday. Several thought that yesterday's announcement for awards which amounted to less than 3% of the applicants and only $128 million of the 4 billion up for grabs this round, was it as for the Round 1 process.

Although various statements from officials and the press following this proceeding indicated that was NOT the case and even I tried to make that clear in my tweets, I still saw scores of sullen faces (metaphorically speaking and through my computer screen) after the list of 18 were made public.

Good thing the NTIA made the point abundantly clear on its website today:

Awards will continue to be announced from the First Round application pool on a rolling basis into February 2010

As I stated in past tweets, if you hadn't been invited and gone through the due diligence process by now, you had no business even expecting to be listed among the first awards.

I guess after some companies filed their application, they stopped watching the process and sat down idly waiting for the results and didn't not bother to educate themselves on the next steps.

That became very apparent by the number of different characters tweeting about the stimulus via the channels: #btop #bbstim #bip #ntia #rus #ruralbroadband #broadband etc etc etc

so a Broadband lawyer, engineer and administrator walk into a bar...

2009-12-18T08:31:00.000-05:00

ah, the beauty of Twitter is that people watching a particular proceeding are able to quickly share news and information with one another without the filter of traditional news media, high profile blogs and government PR offices.

Gotta love it folks.

I say all that to share the waaaay over 140 characters response that @BroadBandEngr gave me in response to our Tweet convo s/he, @ColoComLwyr and @MicahSchwalb and I were having about our feelings about the caliber and characteristics of the projects that were announced yesterday for funding. In particular, the discussion flowed over whether terrestrial fiber projects or wireless WiMax, microwave and other sexier technologies like hybrid systems would do a better job of solving the problem at hand - lack of broadband access for rural and remote communities.

In any event, I asked about hybrid systems combining wireless, wireline and satellite transmission modes as a middle mile solution and this is the response I got in the wee hours of the morning when no creature should be stirring other than the anxious insomniatic 97.5% of the applicants still waiting on word that their project has been funded.

From @BroadBandEngr:

Today, most networks are a hybrid of different transmission media, with the most common being copper, fiber and wireless. A DSL circuit feeds into a DSLAM shelf, which is often connected by fiber to some higher capacity network. It is common for a wireless ISP to use a leased T1 (copper) to feed the base station. Even highspeed cable often uses a combination: coax (copper) at the home, fiber from the neighborhood to the headend. These copper, fiber and terrestrial wireless systems typically have low latency (time to travel from one node to another is very short). Any satellite link will have a higher latency due to the time necessary to send the signal to space and wait for the return.

Introducing a satellite link into the picture means that you are willing to accept the higher latency. This is annoying to the user for any rapid response application. Satellite links have also historically been slower links (lower throughput speeds), although this is improving. Satellites will always be slower than terrestrial copper and/fiber.

Satellites do have specific applications, especially in difficult geographies. "Difficult" means that it is expensive, impractical or impossible to construct fiber and/or copper lines to a location. Examples might be islands, deep canyons, mountainous areas or extremely remote areas (northern Canada or Alaska for example).

To run a wireless ISP using a satellite feed, an operator can deploy a normal terrestrial wireless multipoint system (Wi-Fi, Wi-Max, even cellular), and use the satellite link to connect back to 'the world'. The terrestrial systems will work normally except for data transmitted over the satellite link. The satellite traffic will be subject to the delays and speed restrictions of the satellite link. It is completely possible to extend from a satellite downlink to a 2nd or 3rd wireless hub using terrestrial microwave (licensed or unlicensed wireless point-to-point). Technically, this will work. However, due to cost, latency, speed, and possible usage limitations by the satellite provider, the use of satellite for backhaul is almost never preferred over terrestrial copper or fiber (if one of these options is available).

There are stories of Wireless ISPs using satellite feeds to reach communities in the bottom of the Grand Canyon http://www.nytimes.com/2000/09/21/technology/satellite-web-links-let-indian-tribes-take-a-technological-jump.html. One company actually promotes the use of satellite fed WISPs as a niche market http://www.ftionline.com/services/wireless.html. Satellite fed ISP is pretty common in remote villages in Alaska http://www.entrepreneur.com/tradejournals/article/108560688.html.

Here's my priority list for broadband access: If you have fiber, use it. If you are mobile, wireless is your only option, and coverage is king. If you are not mobile, and don't have fiber, you might have a choice between copper and wireless - choose the one that gives you the best bang for your buck. If you have no terrestrial option, go for a satellite link. If you find a place where satellite doesn't reach, thank your lucky stars you have found peace, and find a good book to read (that's an old fashioned thing with ink markings on paper, ask an old guy how to use it).

BBEng

Hmm. I have to let that one marinate a bit and prepare my response me think.

The Full List of 18 Projects for 17 States...

2009-12-17T13:47:00.000-05:00

Can be found on this link and below:

Four different types of awards were made today:

* Middle Mile Awards - $121.6 million to build and improve connections to communities lacking sufficient broadband access.
* Last Mile Awards - $51.4 million to connect end users like homes, hospitals and schools to their community's broadband infrastructure (the middle mile).
* Public Computing - $7.3 million to expand computer center capacity for public use in libraries, community colleges and other public venues.

· Sustainable Adoption - $2.4 million to fund innovative projects that promote broadband demand with population groups where the technology has traditionally been underutilized.

The following Middle Mile awards were made through the Department of Commerce:

· GEORGIA: North Georgia Network Cooperative, Inc., $33.5 million grant with an additional $8.8 million in matching funds to deploy a 260-mile regional fiber-optic ring to deliver gigabit broadband speeds, reliability, affordability, and abundant interconnection points for last mile service in the North Georgia foothills.

· MAINE: Biddeford Internet Corp. (d.b.a. GWI), $25.4 million grant with an additional $6.4 million in matching funds to build a 1,100-mile open access fiber-optic network extending to the most rural and disadvantaged areas of the state of Maine, from the Saint John Valley in the north, to the rocky coastline of downeast Maine, to the mountainous regions of western Maine.

· NEW YORK: ION Hold Co., LLC, $39.7 million grant with an additional $9.9 million in matching funds to build 10 new segments of fiber-optic, middle mile broadband infrastructure, serving more than 70 rural communities in upstate New York and parts of Pennsylvania and Vermont.

· SOUTH DAKOTA: South Dakota Network, LLC, $20.6 million grant with an additional $5.1 million in matching funds to add 140 miles of backbone network and 219 miles of middle mile spurs to existing network, enabling the delivery of at least 10 Mbps service to more than 220 existing anchor institution customers in rural and underserved areas of the state.

The following Public Computer Center awards were made through the Department of Commerce:

· ARIZONA: Arizona State Library, Archives and Public Records, $1.3 million grant with matching funds of $320,000 to enhance existing facilities in more than 80 public libraries throughout the state. The project expects to deploy more than 1,000 computers to meet growing demand.

· MASSACHUSETTS: City of Boston, $1.9 million grant with matching funds of $477,000 to expand computer and Internet capacity at the city's main library and 25 branches, 16 community centers, and 11 public housing sites.

· MINNESOTA: Regents of the University of Minnesota, $2.9 million grant with matching funds of $741,000 to enhance broadband awareness and use for residents in four federally-designated poverty zones in Minneapolis and St. Paul.

· WASHINGTON: The Inland Northwest Community Access Network (Tincan), $1.3 million grant with matching funds of $753,000 to establish three new public computer centers and expand 14 existing centers throughout Spokane's poorest neighborhoods to serve more than 5,000 additional users per week.

The following Sustainable Broadband Adoption awards were made through the Department of Commerce:

· NEW MEXICO: New Mexico State Library, $1.5 million grant with an additional $591,000 in matching funds to increase broadband adoption and promote computer literacy and Internet use among vulnerable populations, Hispanic and Native American users, small businesses, and entrepreneurs through trainings and outreach statewide.

· WASHINGTON: The Inland Northwest Community Access Network, $981,000 grant with an additional $728,000 in matching funds to increase broadband adoption through basic and advanced computer skill training, as well as community-based outreach campaigns to highlight the benefits of broadband for vulnerable populations in Spokane.

The following Last Mile and Middle Mile awards were made today through the U.S. Department of Agriculture:

· ALASKA: Anchorage, Rivada Sea Lion, LLC, $25.3 million grant with $6.4 million of leveraged funds; 4G high-speed broadband internet service availability to more than 9,000 unserved locations in a 90,000 square mile area where these Southwestern Alaska inhabitants are living at subsistence level.

· HAWAII: Big Island Broadband/Aloha Broadband, Inc., $106,503 loan with matching funds of $87,405 to bring broadband services to an unserved area in the northern part of the islands where there are nearly 600 residents and businesses.

· COLORADO/NEBRASKA: Peetz, Colorado, Peetz Cooperative Telephone Co., $1.5 million grant; expansion of existing infrastructure utilizing a combination of technologies. This project will make broadband service available to as many as 550 locations in the service area.

· MICHIGAN: The Chatham Telephone Company, $8.6 million grant to bring high speed DSL broadband service to remote, unserved businesses and households within its rural territory; service that is comparable to the DSL service provided in its more populated areas.

· NEW HAMPSHIRE: Bretton Woods, The Bretton Woods Telephone Company, $985,000 grant for 20 Mbps two-way broadband service to all potential customers and stimulate tourism in the area to substantially improve the local economy. This Fiber to The Premise service will be available to more than 400 locations.

· NEW YORK: Potsdam, Slic Network Solutions (Nicholville Telephone) a grant of $4.3 million and loan of $1.1 million for a 136-mile fiber optic network reaching into five towns in rural Franklin County. This all-fiber network will deliver broadband voice, and IPTV services to remote rural areas. The network will offer service to more than 6,500 locations.

· OHIO: North Central Ohio Rural Fiber Optic Network, Consolidated Electric Cooperative, $1,034,413 grant and $1,399,499 loan; and matching funds of $1,225,000. The funding is integral to a smart grid initiative and broadband service based on an open-connectivity fiber optic backbone network.

· OKLAHOMA: Southeast Oklahoma, The Pine Telephone Company, $9.5 grant with an additional $4.6 million in private funds to provide services to an entirely remote, rural, unserved and severely economically disadvantaged community.

The Puppet Master

2009-12-16T16:44:00.000-05:00

So, if as expected, the first Broadband Stimulus grant/loan award recipients are announced tomorrow, it will be very educational to learn the projects that were worthy enough to stand out among the lot of 2,2oo other applicants.

Congrats if your project is one of those named.

As my source revealed yesterday, the fact that the government had given certain companies HOURS to get in information not related to due diligence but rather general information about the company perhaps to be folded into a speech or press release, the signs pointed that an announcement was eminent within days. So that's pretty good investigative work by that source as s/he/it was only off by a day!

As the first awardees pop the champagne and start clinking glasses, I'd warn they not go overboard, and stay sober long enough to get ready for maneuvering through all the strings that are attached to this money.

If their attorney/counsel/consultant haven't already gone through the agreement they have to enter with RUS(and presumably NTIA will have a similar document) here are some items to keep in mind, especially for any investor that will be contributing matching funds:

(these are cleaned up versions of my compliance tweets from September 30, 2009)

1. You can't make any profit off of your project. For RUS, Any profit must be reinvested in the RUS/BIP fund for the project and not pocketed and distributed among your investors and management team. There is a similar project fund under BTOP.

2. LLC awardees can't directly or indirectly add or issue new member units or transfer more than than 49% interest of company without permission from the government.

3. Your assets cannot be pledged without permission.

4. Awardess cannot dissolve before obligation owed to government is fulfilled including loan payments. (This one is a given and should be expected anyway, yes?)

5. Salaries, wages, & other compensation for services, directors, members, managers, shall be reasonable & comparable to companies like awardee. I've heard from folks that one way to get around the profit limitation would be to pad the salary of the executive management team so I guess this provision is meant to close that loophole.

6. Awardees can't reorganize, consolidate, merge into any other corporation, sell, lease or transfer property w/out permission of government. It makes sense that once you take public money, the government owns you -- and it owns your assets for a long time too...check the next one:

7. Awardees can't sell or lease award funded facilities for 10 YEARS!! There are strict exceptions however. (This may be a stickler for investors because in this volatile market, I'm not certain there are too many investors around willing to put their money into a project with which there are so many restrictions and no clear immediate exit options. I understand the government wanting to protect its investment and curb applicants unjustly enriching their pockets and bottom lines on the backs of the American taxpayer, but sheesh, is this not a non-starter for getting matching private equity dollars.)

8. You can attempt to sell it if you want after the 10 years, but do know that the federal government STILL retains an interest in property in the event that it is sold after the 10 year unjust enrichment period ends . Again, I know this is an institutional standard that has been around for years of RUS program implementation, but it can be a hard pill to swallow.

You've got loads of paperwork to file - Some of which is due as early as the first two weeks in January whether you've gotten a dime yet or not

9. Among the type of information you have to submit for each quarterly report, you must TRACK and report every single new broadband customer you gain and You must provide your rates for services.

So it seems the government is supposed to be carefully watching to make sure you pull off what you claim to pull off in your application including costs! If you say you will provide low cost broadband that is competitive to the incumbent, you have to deliver. No price skimming! No redlining or whitelining or greenlining.

You have to align your accounting practices with the government's
10.You have to switch to GAAP principals of accounting before you are given a dime.

No bulk payment should be expected:

11. Most likely, You will not be given your entire funding request in a bulk payment. You may well have to receive your funding on an invoice basis (as that is how RUS does it). You can only invoice within 60 days of the funding being used.

12. Awardees must open account to hold all govt payments and place it in an account that is approved by the government. Without the prior written approval of RUS, the Awardee can't place Advances in any bank or other depository that is NOT insured by the FDIC

13. You may have to evidence all withdrawals/disbursements by canceled checks for accounting.

14. Awardees can't change their legal name or place of incorporation or organization without giving RUS sixty 60 days prior written notice.

And you are being watched ...

They will take your auditor's word for it:

15. BIP Awardees will have to file an annual audited CPA financial statement approved by the RUS; compliance report & a management letter.

Or will do it themselves:

16. RUS/NTIA will impose random audit, site visits, ongoing monitoring & inspections to make sure the government's investment is not being squandered or wasted or mismanaged. Remember, one of the key criticisms from incumbents is that the money will go to nascent newbies who are clueless how to manage it and will waste the people's money. I suppose this is why you are required to proved your source of independent working capital and show how your business will be sustainable for three years.

And if any audit reveals any funny stuff:

17. If RUS learns that the Awardee did not use the Loan and/or Grant exclusively for approved Project, it may suspend payment or demand repayment! Whoa Nelly!

Anyway, that's it for me. Until the next buzz comes my way!

Have a scoop you want to share anonymously? Create a Yahoo account and email me at broadbandlawyer(at)yahoo.com

closer

2009-12-15T14:26:00.001-05:00

One of my favorite all times tunes is Nine Inch Nails' song Closer. The beauty of an anonymous blog is that I can admit that and not be shamed what my professional colleagues would think of me. The lyrics are not for the prudish of heart.

There is a point.

I just got word that something is happening and will be announced soon at the BTOP administrator's factory.

I did confirm from my BIP contact that she knew nothing of an announcement today or tomorrow from BIP though she did AGAIN assure my clients that have not gotten due diligence 2nd review communication that RUS is still issuing them on an ongoing basis.

Now, the revelation that allegedly (according to the cryptic messages I get from my source) BTOP will be making an announcement soon is baffling because I would assume that they would make the announcement of first awards together given the two agencies started this journey TOGETHER at the early part of the year when the ARRA bill was signed.

You see early on, I was told by both my BTOP and BIP source that both agencies were working together, in unison and were indeed sharing information. You see THE REASON I pressed for answers was that I was concerned that the original rules and NOFA said that BTOP would only consider an applicant passed up by BIP. So I wondered if a BIP/BTOP applicant is selected by BTOP does that mean BIP passed on the applicant? Also, with both agencies proceeding jointly using different criteria and methods of analyzing applicants, how does one hand know what the other is doing? I did not have confidence that the process was linear nor fluid. Oh ME of little Faith.

She assured me all was well. The two agencies had weekly meetings to ensure they were on the same page, she said. No worries.

and then I heard from the rumor mill that ALL WAS NOT WELL. That RUS which had been used to administering these types of grants and loans for other programs for decades did not like the fact that the new kid on the government funding block was so Green and not making it (RUS) look good with its Trials and Error method of administrating the BTOP program. And in all honesty, you could hear the arrogance of Administrator Adelstein's voice as he replied to most questions during the various oversight hearings by announcing all of the wonderful ways that RUS has helped the US economy via the smart way it was administering the Farm Bill and other grant and loan programs. He might as well have said, "I don't know about these clowns, but we know what we're doing."

A divorce was eminent I was told by industry insiders.

The naysayers disagreed. It was too far along in their marriage, they said. A divorce for round 1 is not possible, the unconvinced rebuked.

....FAST FORWARD to TODAY

But here we have it on this 15th day of December, nearly 1/2 way through the last month of the year and nearly four months since the applications were turned in and a couple of months past the original thought time frame for issuing award announcement -- the news that BTOP on its own and separate from BIP would be making an announcement as early as today.

Hmm. If this rumor does in fact come into fruition, did BTOP share it with RUS or the awardees even?

Interesting evolution of events wouldn't you say?

We are CLOSER.

Denial isn't just a river in Egypt

2009-12-14T23:06:00.000-05:00

Is Colorado really surprised over the conundrum it's in over its choice of mapping partner? (Read the news here.)

I say call me a monkey's uncle or was every one of those states opting to use a company partially funded by the industry incumbent delusional in thinking they would ACTUALLY REALLY get an accurate map of broadband availability in their state?

REALLY?

The writing was on the Wall. It was the 100,000 lb gorilla in the room and every other cliche you could think of in lieu of "duuuuuh!"

I wonder what those other states are thinking or going to do.

more Stimulus money?

2009-12-13T20:11:00.000-05:00

I wonder if there will be more funds allocated to broadband stimulus as alluded to in President Obama's Tuesday jobs speech at the Brookings Institute...I mean more money even tho the current distribution of funds from the prior allocation is taking so much heat from all the critics....

by critics I include us Broadband Stimulus watchers on Twitter and in the Blogsphere, not just the applicants, commenters, lobbyists and congressmen and women...

I'm hopeful that were not just talking into the air...

is this mic on? I've got something to say? is anyone listening? hello?

must be the wrong number.

...hmmm....

What Strickling thinks makes a winning application

2009-12-12T22:51:00.000-05:00

Excerpted from today’s TR Daily

STRICKLING CALLS FOR ‘MORE CREATIVE, INCLUSIVE’APPLICATIONS IN SECOND BTOP FUNDING ROUND

In round two of funding for the Broadband Technology Opportunities Program, the National Telecommunications and Information Administration wants to “push people to be more creative and more inclusive” through public/private partnerships that “reach out to all the key anchors in a community,” not just libraries and schools, NTIA Administrator Lawrence E. Strickling said yesterday during a luncheon speech at the Practising Law Institute’s telecom policy and regulation conference in Washington.

“We think project applicants can do more to include the companies that will offer services to households and businesses in the project,” Mr. Strickling added…

In the first round of BTOP applications, which are still under review, “the highest quality applications are the ones that have taken a truly comprehensive view of the communities to be served and have engaged as many key members of the communities as possible in developing the projects,” Mr. Strickling said. “We want to see more of these projects in round 2 and for those of you in the audience that have worked on applications, I challenge you to respond to this message and work all that much harder to bring us applications that will serve communities for years to come….”

----------------------------------------------------------------------------------------

As I think was alluded to before by watchers of this proceeding, private companies are hard pressed to win without having bonafide relationships and endorsements from the governments in the communities they propose to serve.

I suppose the part of the NOFA, application and discourse from administrators discouraging applicants from going into a community without making advance effort to assess the needs of its inhabitants and get to know them better is playing itself out in these statements.

Or am I reading too much into the speech?

Take note folks!

My new job!

2009-12-09T14:20:00.001-05:00

Looks like I'm getting a promotion folks!!

This time I'm making myself Administrator of Snooping Around for Details and Info You Won't find On Your Friendly Neighborhood NTIA or RUS online website.

It's a dirty job but in this economy of joblessness you should be happy to see at least one other person getting employment um even if it is self-employment in a voluntary made up position.

I'm off a-snooping folks. Let me know if you have a good question to go track down!

If you don't want to leave it in the comment field you can email them to broadbandlawyer(at) yahoo.com

edited to add questions questions Inquiring minds want to know...

1. Who is lobbying the congressional oversight committees and drafting their inquiry and demand letters to the NTIA and RUS in an attempt to influence who gets funding;

2. Which applicants have written, called, or emailed (read Lobbied) their congressional representatives urging them also to write, call, email or otherwise nudge the NTIA and RUS into taking a closer or second look at their application. (A list and access to the letters from Congressional and other government heads would be helpful. Strickling already let us know the NTIA, at least, has collected several of such letters);

3. Who specifically has already passed to stage 2 considering knowing this could help Round 2 applicants gain some insight on what it takes so they can prepare for Round 2 funding;

4. How far along is each agency into the stage 2 notification process, specifically of the applicants selected for step 2, how much of the 4.2 billion allocation did they request and could possibly lessen the pot by if they were to be successful in the end (Inquiring minds want to know if they pot is drying up and their chances of getting funded this round);

5. Who specifically (names and titles) were these persons who served as panel experts in the NTIA volunteer expert stage; and

6. What is the specific criteria being used to judge the applications and allocation of points; This is not a data set, per se, but I'm sure plenty people would want to know whether NTIA/RUS foresee distributing all the funds before the application would be due for the next round since getting or not getting funded this round would be a deciding factor in whether an applicant begins the process of trying again.

Houston, we have confirmation....

2009-12-08T14:02:00.000-05:00

Good News!

from BIP anyway (and I assume NTIA has the similar policy).

As predicted in my "assumption" from my Friday post, I got this confirmation today from RUS:

BIP is still issuing due diligence letters ...The December announcements will be the first of several and like the step 2 letters, they will continue on a rolling basis.

see...this blog isn't all about gossip and inuendo...

2009-12-08T11:09:00.000-05:00

here's a stream to the

Open Internet Technical Advisory Process Workshop
December 8, 2009 at the FCC in Washington, DC
STREAMING LIVE 10:00 am - 4:30 pm EST

Agenda: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295040A1.pdf

http://fcc.gov/live/

elements of a Step Two Letter

2009-12-07T11:24:00.001-05:00

look what I got my grubby little hands on today...

the exact elements of the Step 2 letter from the Rural Utilities Service Broadband Infrastructure Program. (I didn't even have to sell my 2nd born for it either, just had to be pushy and convince someone to give up the goods!)

When I got it, the first thing I thought was "eh!"! It's not too much different from what we already knew would be requested from looking at the NOFA, the BIP Application and other stuff on the BroadbandUSA.gov website.

BUT it sure is nice to get a sneak peek anyway of the proverbial 'REAL THING'.

And here's to hoping this post won't be your only opportunity to read these words below...

DOH!

Application determined to be "sufficiency meritorious to proceed to the next stage of processing."

The following are direct quotes and in bold:

· Please note that this is neither a guarantee that your project will be funded nor an indication that your application has been fully determined eligible for the BIP program.

· Changes to the initial application will not be permitted and will render your application ineligible.

The following documentation has to be submitted within 30 days via the Easygrants system:

· Description of Technology

· Build-Out Schedule

· Licenses, Approvals, and Agreements

· Environmental Materials

· Commitment of Capital Funding

· Outstanding Obligations

· Service Level Objectives

· Organization's Legal Entity Documents

· Contact Information

the Divinci Code

2009-12-06T21:25:00.000-05:00

the 4 page letter to NTIA & RUS from Rep Stearns and Rep Bartons (Congressional BFFs & Partners in oversight crime) has the electronic fingerprints of incumbent lobbyists embedded in it.

from your director of public assumptions

2009-12-04T16:13:00.000-05:00

since the government is very slow to update applicants on the process, and we can't seem to get a ~~honest~~ direct answer these days, I've self-appointed myself:

Director of Broadband Stimulus Funding Assumptions

here is my report for this Friday afternoon.

assumption #1.

Strickling is quoted recently as saying the first non-mapping funds will be announced in two weeks. TWO WEEKS?!?

Hmm. So there's a 30- day response period to get your stuff in after being notified you passed to due diligence, and then it takes the government some time to analyze your data. It looks like then if you haven't already gotten a due diligence letter/email/call AND completed the process, your chances of being named in these TWO WEEKs (allegedly) are slim to None and "Slim" just boarded a jet to Afghanistan with 29,000 of his buddies.

assumption #2.

When I contacted my RUS and USDA contacts in the past, I was told notifications about being passed to due diligence were sent out via fax and snail mail letters. I see recent tweets and have gotten word people are being called about being advanced. This is good. I don't think Mr. Strickling and Mr. Adelstein want to go before yet another congressional committee and admit to having to push back the date for making first announcements AGAIN!

Nothing like an oversight hearing to light a fire under a stack of red tape.

This means if you are one of the anxious many waiting for your turn up to the due diligence bat, you get to stalk the mail, fax machine AND now the voice mail for the word!

assumption #3

Some applicants have been contacted and told they have until January 2 to get their responses in, which means there will not be one announcement about all winners en masse in TWO WEEKS (allegedly), but rather rolling announcements, similar as we've seen with the mapping grants winners. So, even if you won't be in that list of initial proposed funding projects, there's still hope Santa Clause (or "Elijah" depending on your religious persuasion) may pass by your house this winter and come in the form of a Due Diligence notification.

This can be particularly helpful for those going after private matching funding. No one funds "hope" but a due diligence notification gets you closer to Yes! Yes?

in the irreverent words of Jesse Jackson, "Keep Hope Alive!"

if you'd like to make a call...please hang up and call again

2009-12-04T15:02:00.000-05:00

if you are quick and monitor this space often, you may notice I've posted some of the decision makers and reviewers phone numbers here. That post is gone now.

see what happens is my conscious gets the better of me and I fear you may inundate these poor overworked folks with calls and pressure them to give you answers that they may not have or were instructed not to share with you poor schmuck who put aside your business plans in hopes of grabbing some of this government mullah.

i say to my self, "self, but what if THEY track it back to me and I face some repercussion?"

then I think about it some more and say to myself "naaaah, It's the government, stupid!"

So watch this space often and I may repost again for a brief moment before yanking it down.

and besides, if it wasnt' meant to be public why hide it somewhere obscure buried deep within a government website where no normal human is likely to see it ever?

wait...

Get your Free Webinar...get 'em while it's hot!

2009-12-04T12:11:00.000-05:00

I don't know about you, but I have been inundated with calls, emails and snail mail solicitation and pitches from various businesses, companies, groups, subcontractors pitching services to BTOP and BIP applicants, and Awardees.

The good news is some of them are ahead of the game by offering free webinars. Sure at the end of the day, they are also trying to get you to sign up to use their optimization tool or engineering skills or wholesale semiconductor widget blah, blah, blah...

Their hard sell pitch is your gain because you stand to get some free advice from industry leaders in the process...

It's all gravy baby.

Here is a selection of some I've gotten. Feel free to add your own or email me to update this post at broadbandlawyer (at) yahoo.com Oh and act fast because they may have limited capacity.

ENJOY!

Who: The Huron Group

What: Broadband Stimulus Award Reporting Webinar

When: Thursday, December 10 at 12pm

The Pitch: Broadband Stimulus Awards carry an unprecedented level of compliance requirements, creating a significantly increased administrative responsibility for the recipients of funds. Is your organization ready?

Join us for a complimentary webinar as Huron’s industry and functional experts discuss:

· Specific Compliance Requirements
· Stimulus Award Reporting
· Suggested Practices

Huron works with organizations to properly set up compliance and management processes for federal grant and loan programs and file required reports. To ensure your organization is in compliance, call on Huron to help.

More info: Learn more at www.huronconsultinggroup.com/UtilARRA

HURRY UP AND HOP OFF THAT...cause these folks are on the same day

Who: Dragon Wave

What: Webinar: Addresssing Rural Broadband Backhaul Challenges

When: Thursday, December 10th, 2009 1:00 PM - 1:45 PM EST

The Pitch: Implemented under the American Recovery and Reinvestment Act (ARRA), the RUS Broadband Initiatives Program (BIP) and the NTIA New Broadband Technology Opportunities Program (BTOP) are facilitating new broadband infrastructure deployments of unprecedented scale, in rural and underserved markets.

As service providers evaluate their network infrastructure deployment options, they are faced with several unique backhaul challenges including:

* Long link distances
* Limited site deployment options
* Scalability and upgrade challenges
* High ongoing operating costs
* Short deployment timelines

Please join us for this informative webinar, where we will review several backhaul alternatives and discuss the key advantages of DragonWave's packet microwave solutions in addressing the critical technical, operational and economic requirements of rural broadband operators.

Presenter: Greg Friesen, Director of Product Management, DragonWave
More information: https://www1.gotomeeting.com/register/290193841

Who: idinsight
What: Want Great Broadband Strategy? Get Better Broadband Intelligence

When: Wednesday, December 16, 2009 4-5pm

The Pitch:
From coast to coast, everyone wants to bring broadband to their communities. This Webinar shows you how to reach your goals by capturing better broadband data.

Formerly ranked first in the world, the United States has fallen to fifteenth in high-speed Internet penetration. What's it going to take to make us number one again? Better intelligence.

To be successful, we must capture and effectively use accurate data about who does and doesn't have adequate broadband to meet their needs. Local communities, Internet service providers and Federal policy makers need access to comprehensive and granular information about Internet usage in specific geographic areas. To date, this much-needed intelligence has been unavailable.

Please join us for this very important Webinar in which we will discuss how to meet the need for a coordinated local and national broadband strategy, and why access to better Internet usage data is absolutely vital to this effort. Presenting is Craig Settles, a broadband business strategist, marketing expert, author, internationally renowned speaker, and frequent industry resource for news outlets such as CNN, the Wall Street Journal, New York Times, and Time Magazine. Also presenting is Adam Elliott, President of ID Insight, an expert in digital market research and analysis.

Who should attend:
• Federal policy-makers
• Municipal planning teams
• Service providers strategic planners
• Consumer groups
• National broadband strategy supporters
• Anyone interested in using broadband to bridge the digital divide, enable economic growth, increase global competitiveness, and create a better way of life.

More info: https://www2.gotomeeting.com/register/212771379

is this mic on...

2009-12-03T12:24:00.001-05:00

hello broadband world. is anybody home?