Transcript What's at stake - The United States Conference of Mayors

Broadband Technology
Opportunities Program (BTOP)/
Helping Shape the FCC National
Broadband Plan
Gerard Lavery Lederer
Providence
June 13, 2009
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Disclaimer
Gerry Lederer
This presentation is provided to the Mayors
and City staff as a service 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
presenter.
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Questions We Seek to Answer
• What's at stake
– Stimulus Dollars – am I eligible?
– FCC crafted National Broadband Plan
• What do mayors want/need in plan?
• What do we know about the BTOP today?
• Are there things that I, or my city, should be
doing right now?
– Understand there is money available to achieve your
broadband visions.
– Do all the preliminary paperwork.
– File with FCC to protect local initiatives.
• What am I obligated to do if I get a grant?
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Question We Do Not Seek to
Answer
• Details of everything that is in the
Stimulus Bill
– For an hour long program on the
stimulus hosted by Mayor Marks visit:
• http://www.millervaneaton.com/content.ag
ent?page_name=HT+Federal+Stimulus
• www.usmayors.org
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FCC National Broadband Plan
What should the nation do to ensure that all
Americans have access to affordable highspeed access.
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FCC Broadband Plan
• Over 500 parties filed comments earlier
this week.
– Some seek to offer real answers,
– Others seek to use the process to advance
their agenda.
• USCM has until July 7, 2009 to file Reply
Comments and until February 2010 to
meet with FCC to share our insights.
– We are not tood late.3 of 5 Commissioners,
including Chair are still not in place.
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ARRA FUNDS
$7.2 billion for broadband projects
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What is at Stake?
NTIA $4.7 billion in three rounds.
– NTIA $ is all “grants.”
– 80/20 match, waiver possible (might want to offer
more)
• RUS $2.5 billion – likely three rounds.
– RUS $ is loans, loan guarantees, plus grants
– Assume 75% of project must be “rural”
• Don’t miss other money.
– E.g. $20 B available in Health IT programs.
– Billions in highway funds
– Smart Grid Dollars
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What Are The Open Issues?
• Need to define: Unserved, Underserved,
Broadband, public interest test?
– USCM said that if broadband is unaffordable, then
broadband is unavailable.
• What role should the states play?
– USCM said consultation not veto power!
• Does the determination of any of the above
negatively impact eligibility of applications that
fund anchor institutions, broadband adoption
programs and computer labs?
– USCM said NO! Congress made clear that these
were protected projects
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Specific $ Allocations That Should be
of Interest to Mayors
• >$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 an area being unserved
or underserved.
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Comments Due
Apr 13
2009
Nofa Issued
June 14
2009
July 3,
2009
Sept 30
2009
NOFA
Round 3
Award
Application
NOF
A
Round 2
Aug. 30
2009
Apr – Jun
2010
Oct – Dec
2009
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Last Award
Mar 12
2009
1st Round Of
Applications
Application
Feb 17
2009
NOI issued
Stimulus bill
signed into law
Timelines for 3 Rounds
Sept 30
2010
Stimulus bill
signed into law
NOI issued
Comments Due
Round One
Feb 17
2009
Mar 12
2009
Apr 13
2009
Nofa Issued
June 14
2009
AWARD
Dec. 31
2009
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July 3
2009
1st Round Of
Applications
August 30
2009
Sept 30
2009
Round Two
NOFA
Nov– Dec
2009
Application
Jan – Feb.
2010
This chart cannot be correct as awards for round 1
would not be made before the Round 2 starts.
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Award
???
Round Three
NOFA
Application
Final
Award
Sept 30,
2010
Apr – Jun
2010
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Application Process
(Rules are not yet official)
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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.
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Application Steps
• Demonstrate ability to comply with
federal, state and local laws;
• Show that you have ability to meet
20% match requirements from nonFederal funds; and
• Meet any other requirements
established by NTIA, including
regular reporting obligations.
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How Will My Application Be Judged?
(My opinion)
Grants will be judged on a competitive
basis based on priorities outlined in the
bill. The winners will:
 Touch on more of these priorities than
others;
 Create models that can be used
elsewhere.
 Bring service to underserved and
unserved.
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Priorities – How To Increase Your
Chance Of Winning
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.
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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.
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What Rules Governed the Last
Time NTIA Had a Grant Program
We won’t talk about these rules, but
wanted to include for your staff to be
aware.
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Review Tops Program
http://www.ntia.doc.gov/top/grants/docu
ments/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 — NonConstruction Programs
– Budget Narrative (no page limit)
– Statement of Matching Funds
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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?
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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.
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Review Criteria
•
•
•
•
•
•
Project Purpose (20%)
Innovation (30%)
Community Involvement (10%)
Evaluation (10%)
Project Feasibility (20%)
Project Budget (10%)
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Budget Narrative
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Matching Funds
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Matching Funds - 20%
• 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.
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What Am I Obligated To Do If I
Get A Grant?
Obligations are found in ARRA.
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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.
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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?
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Summary: Checklist for Action
Direct USCM to file comments in the
FCC’s broadband plan docket.
Be on lookout for BTOP NOFA.
Complete all preregistration forms.
(Good chance City has already done for
other stimulus dollars such as Energy
Efficiency Block Grant)
Employ TOPs program as template.
Steal every good idea you can find.
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Questions
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Miller & Van Eaton: We Assist Local Governments In Achieving The
Full Benefits Of The Communications Age
For Their Communities
Gerard Lavery Lederer
[email protected]
Miller & Van Eaton, P.L.L.C.
1155 Connecticut Avenue, N.W.
Suite 1000
Washington, D.C. 20036-4301
Phone: 202-785-0600
Fax:
202-785-1234
Website: www.millervaneaton.com
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