1 Miller & Van Eaton P.L.L.C Broadband Stimulus: Where We Stand Today Gerard Lavery Lederer April 29, 2009

1Miller & Van Eaton P.L.L.C

Broadband Stimulus: Where We Stand Today

Gerard Lavery Lederer

April 29, 2009


Gerry Lederer

Presenter

This presentation is provided as a service to you by Miller & Van Eaton and TeleCommUnity. It is not intended to provide legal advice nor create an attorney client relationship.

Your use of this information is at your own risk and without any warranties by the presenters.


Questions We Seek to Answer

• What's at stake -- dollars and programs• What are the open issues, and what did

the different parties tell NTIA• Are there things that I should be doing

right now? • What do we know about the BTOP

application process?• What did NTIA require the last time it

issued money?• What am I obligated to do if I get a grant?


Question We Do Not Seek to Answer

• What is in the Stimulus Bill

– For an hour long program on the stimulus visit:

– http://www.millervaneaton.com/content.agent?page_name=HT+Federal+Stimulus


Checklist for Action

Complete all preregistration forms. (Good chance City has already done for other stimulus dollars such as Energy Efficiency Block Grant)

Employ TOPs program as templateSteal every good idea you can find.


What is at Stake?

• $7.2 billion for broadband projects• NTIA $4.7 billion

– NTIA $ is all “grants”

– 80/20 match, waiver possible

• RUS $2.5 billion. – RUS $ is loans, loan guarantees, plus grants

– Assume 75% of project must be “rural”

• Other money elsewhere?– E.g. $2B available in Health IT programs.

– Billions in highway funds


What “They” Are Saying

• Clinton NTIA head Larry Irving – “Vast majority of the broadband stimulus money will go to public and non-profit applicants.”

• Mary Campanola, outreach coordinator for the RUS -- “Probably all money will go 100% rural.”

• Susan Crawford – FCC transition chief and newest member of President Barack Obama's National Economic Council:– Looking for middle mile backhaul networks in rural areas and

community anchor institutions for urban access– Want ARRA grants to test what works //Need to experiment

with new models– Universities are particularly important nodes– Understand Australia and Singapore as models


Specific $ Allocations That Should be of Interest to Local Governments • >$200M: “expanding public computer

center capacity” (community colleges and public libraries)

• >$250M: innovative programs to encourage sustainable broadband adoption.

• Parties seem to agree that these programs as well as linking anchor institutions are not contingent on unserved or underserved status.


Broadband Stimulus TimelineSti

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NOFA Issued1st Round Of Applications

Feb 172009

Mar 122009

Apr 132009

May 212009

Jun 212009

Jul 212009

Sept 212009

Oct – Dec 2009

Round 2 Round 3

Apr – Jun2010

Sept 302010


Round OneSti

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sign

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NOFA Issued1st Round Of Applications

Feb 172009

Mar 122009

Apr 132009

May 212009

Jun 212009

Jul 212009

Sept 212009


Round Two

NOFA Application Award

Oct – Dec2009


Round Three

NOFA ApplicationFinal

Award

Apr – Jun2010

Sept 30,2010


What Are The Open Issues?What Did The Different Parties Tell

NTIA?• Unserved, Underserved, Broadband,

Public interest test,

• State role

• Does the determination of any of the above matter for applications that fund anchor institutions, broadband adoption programs and computer labs?


Are There Things That I Should Be Doing Right Now?

• Obtain a DUNS number. DUNS website: http://www.dnb.com/US/duns_update/

• Register with the CCR. CCR website: http://www.ccr.gov/ Create and account for Fed Connect

• Register with FedConnect to submit their application. FedConnect website: www.fedconnect.net

• The registration process can take three to five business days or one to three weeks depending on your organization and if all steps are met in a timely manner.


Application Process


Application Steps

• Be an eligible applicant • Submit an application that meets the terms

outlined by NTIA (see infra);• “Provide a detailed explanation of how any

amount received under the program will be used to carry out the purposes … [of the Act] in an efficient and expeditious manner, including a showing that the project would not have been implemented during the grant period without Federal grant assistance.


Application Steps

• Demonstrate ability to comply with federal, state and local laws;

• Show that you have ability to meet 20% match requirements from non-Federal funds; and

• Meet any other requirements established by NTIA, including regular reporting obligations.


How Will My Application Be Judged?

Grants will be judged on a competitive basis based on priorities outlined in the bill. These are outlined in detail in the next slide.

Speed delivered to consumers can serve a tie breaker, but no set speed is established.


Priorities – How To Increase Your Chance Of Winning

Follow the Rules and priority is to be given to projects which:

o Enhance public safety or emergency response; o Increase the affordability of broadband subscribership to

the greatest population of underserved users; o Enhance health care delivery or education; o Enhance computer ownership or literacy; o Will not result in unjust enrichment from another Federal

program; o Improve interoperable broadband communications for

public safety; and o Engage a socially and economically disadvantaged small

business concern.


Other Ways To Enhance Winning

Ensure your project demonstrates it will:– Make broadband more affordable and increase

subscribership in your area;– Increase speed of service in area;– Enhance service for health care delivery,

education, and children; and– Not result in unjust enrichment.


What Rules Governed the Last Time NTIA Had a Grant Program


Review Tops Programhttp://www.ntia.doc.gov/top/grants/documents/guidelines2004.html

– Standard Form 424, Application for Federal Assistance (original signature required)

– Executive Summary (one page)

– Project Narrative (up to 8 pages)• Appendices (up to 27 pages)

– Standard Form 424A, Budget Information — Non-Construction Programs

– Budget Narrative (no page limit)

– Statement of Matching Funds


Executive Summary (1 page)

– What are the goal(s) of the project?– What services will you provide through the project

and to whom?– What are the anticipated outcomes and impact of the

project?– How many sites are there and where are they

located?– What technologies are to be employed?– What will users do with the technology?– Who are the communities to be served?– What organizations are participating as partners?


Project Narrative (8 pages)

• Here you describe the problem(s) you are trying to solve,

• The solution(s) you propose, • The expected outcome(s) of your project, • How you plan to achieve these outcomes, the

partners and end users that will be involved, and • How you plan to evaluate and share what you

learn.


Review Criteria

• Project Purpose (20%)• Innovation (30%)• Community Involvement (10%)• Evaluation (10%)• Project Feasibility (20%)• Project Budget (10%)


Budget Narrative


Matching Funds

• Matching funds may be in the form of cash or in-kind donations. – You cannot count an item or a service as an in-kind

contribution simply because it has value.

• In general, in-kind contributions might include the following:– Donated equipment, computers, telecommunications facilities– Commitments of time from individuals outside the applicant's

organization.– Contributions of services from organizations such as telephone

companies, network access providers, Internet Service Providers, satellite companies, cable television operators, etc.


What Am I Obligated To Do If I Get A Grant?

In this area, there really are no precedents to reference. Obligations are found in ARRA.


METRICS #1

MEASURING SUCCESS OF PROJECT• The Act requires grant recipients to report

quarterly on:– Use of grant funds

– Progress in fulfilling the objectives of the grant proposal.

• Act permits NTIA to de-obligate award if recipients – Demonstrates an insufficient level of performance, or

– wasteful or fraudulent spending.


METRIC #2

MEASURING SUCCESS OF BTOP• Act permits NTIA to establish additional

reporting and information requirements to include:– whether an individual proposal has successfully

complied with the statutory obligations and project timelines?

– Reporting on a set of common data elements so that the relative success of individual proposals may be measured?


Questions


Gerard Lavery [email protected] & Van Eaton, P.L.L.C.1155 Connecticut Avenue, N.W.Suite 1000Washington, D.C. 20036-4301Phone: 202-785-0600Fax: 202-785-1234Website: www.millervaneaton.com

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1 Miller & Van Eaton P.L.L.C Broadband Stimulus: Where We Stand Today Gerard Lavery Lederer April 29, 2009