Over the past four months, JSI has assisted a number of clients in various aspects related to the Broadband Stimulus programs made available by RUS and NTIA through the American Recovery and Reinvestment Act. With today’s e-lert, JSI provides an update of the programs’ progress during the first round of the application process and reviews what we know about the upcoming second round, including an imminent Request for Information (RFI) seeking comments on improvements.
Status of Round One
In industry discussions and seminars, as well as in testimony before Congress, RUS and NTIA officials have provided information regarding the current status of the application process. Officials at both agencies have disclosed that the date by which they initially hoped to begin awarding grants and loans, Nov. 7, “has slipped” by roughly a month, to mid-December. Approval of the funding will be on a rolling basis, which NTIA projects will end by February.
Only a handful of applications for the RUS Broadband Initiatives Program funds have moved to the second phase, in which applications receiving the highest scores must produce certain “due diligence” information. However, both agencies indicate that many more applications would be moving to this due-diligence phase soon. Applications that do not make it to the second phase will be dismissed. According to an NTIA official, brief indications of why an application was rejected will be made on all dismissed applications.
Additional Opportunities to Submit “Responses” to Applications
In a previous e-lert, JSI informed clients that incumbent broadband providers can file “responses” providing data to challenge applicants’ claims regarding the “unserved” or “underserved” nature of the proposed funded service areas. NTIA and RUS processed the filing of these responses, in the form of Public Notice Filings (PNFs), posting maps showing the proposed funded service areas. The initial number of PNFs all had a response deadline of Oct. 28.
On Oct. 20, the agencies posted a number of new PNFs, including paper applications, which can be found on the website, http://www.broadbandusa.gov/new_pnf.htm. These applications have a response deadline of Nov. 20. Please let us know if you would like our assistance in determining if these applications propose service in your area and/or assistance in filing responses.
JSI calls clients’ attention to our discussions with an NTIA official who informed us that clients can file comments against an application which the agency may consider in its deliberations. The NTIA official warned that there was no guarantee that the comments would be reviewed but stated that if an application had reached the phase-two level and, thus, had a real chance of being granted, any information affecting the grant of an award would likely be considered. Accordingly, clients that are aware of relevant information regarding an application may want to file comments if they believe it could have an impact on the grant. Please let us know if you would like our assistance in preparing and filing such comments.
RFI and Round Two
NTIA and RUS officials have announced that the agencies are finalizing an RFI to solicit comments on changes that should be made in the rules for the next round of funding. The officials stated that the RFI will seek comment on definitions, such as “unserved,” “underserved,” and “remote” as well as on ways to improve the application process. Once the RFI is released, we will undertake an analysis and offer recommendations, which we will post for clients on MyJSI, for companies that want to file comments. Please let us know if you would like a copy of the analysis and recommendations, or if you would like our assistance in preparing and filing such comments.
While no timetable has been announced for when Round Two will begin, agency officials have indicated that the application filing window would likely open before Round One ends. Thus, we believe Round Two could begin as soon as late December but more likely, not until the January - February timeframe. It is also our understanding that there will be only one more round of funding. According to testimony provided by RUS Administrator Jonathan Adelstein before the Senate Commerce Committee, the agencies are planning to “compress the planned-for second and third rounds into a single round in order to give applicants additional time to create strong proposals and to ensure that we are able to meet the goal of obligating all funds by September 2010.” Therefore, we encourage any clients interested in applying for stimulus funds in Round Two to begin now to prepare, given that this will likely be the last opportunity to apply for the funds. To help you begin preparing for the application process, JSI has developed a checklist that we can provide to you, as well as assist in the application process.
If you have questions about this information or the application process, or would like to discuss JSI’s assistance in filing comments related to the RFI, please contact or John Kuykendall (jkuykendall@jsitel.com) or Valerie Wimer (vwimer@jsitel.com) in JSI’s Maryland office, at 301 459-7590.
