Broadband Technology Opportunities Program (BTOP)/ Helping Shape the FCC National Broadband Plan

1. Broadband Technology Opportunities Program (BTOP)/ Helping Shape the FCC National Broadband Plan Gerard Lavery Lederer Providence June 13, 2009

2. 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.

3. 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?

4. 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.agent?page_name=HT+Federal+Stimulus • www.usmayors.org

5. FCC National Broadband Plan What should the nation do to ensure that all Americans have access to affordable high-speed access.

6. 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.

7. ARRA FUNDS $7.2 billion for broadband projects

8. 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

9. 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

10. 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.

11. Timelines for 3 Rounds Comments Due NOI issued Stimulus bill signed into law 1st Round Of Applications Nofa Issued Feb 17 2009 Mar 12 2009 Apr 13 2009 June 14 2009 July 3, 2009 Aug. 30 2009 Sept 30 2009 Round 2 Round 3 Application Application Last Award NOFA Award NOFA Apr – Jun 2010 Sept 30 2010 Oct – Dec 2009

12. Round One Comments Due NOI issued Stimulus bill signed into law 1st Round Of Applications Nofa Issued Feb 17 2009 Mar 12 2009 Apr 13 2009 June 14 2009 July 3 2009 August 30 2009 Sept 30 2009 AWARD Dec. 31 2009

13. Round Two Application Award NOFA Jan – Feb. 2010 Nov– Dec 2009 ??? This chart cannot be correct as awards for round 1 would not be made before the Round 2 starts.

14. Round Three Final Award Application NOFA Sept 30, 2010 Apr – Jun 2010

15. Application Process(Rules are not yet official)

16. 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.

17. 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.

18. 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.

19. Priorities – How To Increase Your Chance Of Winning Priority is to be given to projects which: • Enhance public safety or emergency response; • Increase the affordability of broadband subscribership to the greatest population of underserved users; • Enhance health care delivery or education; • Enhance computer ownership or literacy; • Will not result in unjust enrichment from another Federal program; • Improve interoperable broadband communications for public safety; and • Engage a socially and economically disadvantaged small business concern.

20. 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.

21. 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.

22. 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

23. 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?

24. 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.

25. Review Criteria • Project Purpose (20%) • Innovation (30%) • Community Involvement (10%) • Evaluation (10%) • Project Feasibility (20%) • Project Budget (10%)

26. Budget Narrative

27. Matching Funds

28. 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.

29. What Am I Obligated To Do If I Get A Grant? Obligations are found in ARRA.

30. 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.

31. 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?

32. 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.

33. Questions

34. Miller & Van Eaton: We Assist Local Governments In Achieving The Full Benefits Of The Communications Age For Their Communities Gerard Lavery Lederer glederer@millervaneaton.com 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