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

Broadband Stimulus: Where
We Stand Today
Gerard Lavery Lederer
April 29, 2009
Miller & Van Eaton P.L.L.C
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Presenter
Gerry Lederer
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.
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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?
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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/co
ntent.agent?page_name=HT+Feder
al+Stimulus
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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 template
Steal every good idea you can find.
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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
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What “They” Are Saying
• Clinton NTIA head Larry Irving – “Vast majority of the
broadband stimulus money will go to public and nonprofit 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
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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.
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Comments Due
NOFA Issued
Apr 13
2009
May 21
2009
Jun 21
2009
Oct – Dec
2009
Sept 21
2009
NOFA
Round 3
Award
Application
NOF
A
Round 2
Jul 21
2009
Apr – Jun
2010
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Last Award
Mar 12
2009
1st Round Of
Applications
Application
Feb 17
2009
NOI issued
Stimulus bill
signed into law
Broadband Stimulus Timeline
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
May 21
2009
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Jun 21
2009
1st Round Of
Applications
Jul 21
2009
Sept 21
2009
Round Two
NOFA
Application
Oct – Dec
2009
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Award
Round Three
NOFA
Application
Final
Award
Sept 30,
2010
Apr – Jun
2010
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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?
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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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Application Process
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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?
 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.
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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.
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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.
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What Rules Governed the Last
Time NTIA Had a Grant Program
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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
• 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?
In this area, there really are no
precedents to reference. 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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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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