WCAI Webinar on Second-Round Broadband Stimulus Application Now Available for Playback
The WCAI’s Dec. 17 webinar on “Maximizing Success for Your Broadband Stimulus Application in Final Filing Round” is now available to WCAI members for playback. On the webinar, Paul Sinderbrand, WCAI Counsel and a partner at Wilkinson Barker Knauer, LLP, discussed what potential applicants should be doing now to maximize the odds that their second round application will be successful. He also analyzed the White House decision to award the initial $183 million in broadband stimulus funds announced Thursday and discussed what lessons the applicants should learn from this first round as they are developing plans for the second, and last, filing window. For information on how to access the webinar playback, please contact Susan Polyakova. This was a third in the series of webinars WCAI has hosted on broadband stimulus. We expect to do another one when the 2nd NOFA is released.

White House Announces an Initial $183 Million in Broadband Stimulus Awards
Vice President Joe Biden on Thursday kicked off $7.2 billion in Recovery Act broadband grant and loan programs, of which $2 billion will be made available on a rolling basis over the next 75 days. The White House announced an initial $183 million investment in eighteen broadband projects benefiting seventeen states which has already been matched by over $46 million in public and private sector capital. It announced $121.6 million in middle mile awards, $51.4 million in last mile awards, $7.3 million for public computing, and $2.4 million for sustainable adoption. Of Thursday's total, $129 million comes from the NTIA, and $54 million comes from the RUS. Details. WCAI Counsel Paul Sinderbrand circulated to appropriate WCAI committees information sheets released by NTIA for each of the BTOP stimulus recipients, which provide further details regarding their proposals. He also circulated a summary chart that identifies each winning proposal and provides additional information.

Strickling Calls for ‘More Creative, Inclusive’ Applications in Second BTOP Funding Round
In round two of funding for the Broadband Technology Opportunities Program (BTOP), the NTIA wants to “push people to be more creative and more inclusive” through public/private partnerships that “reach out to all the key anchors in a community,” not just libraries and schools, NTIA Administrator Lawrence Strickling said last week according to TR Daily. “We think project applicants can do more to include the companies that will offer services to households and businesses in the project,” Strickling added. In the first round of BTOP applications, “the highest quality applications are the ones that have taken a truly comprehensive view of the communities to be served and have engaged as many key members of the communities as possible in developing the projects,” Strickling said.  “We want to see more of these projects in round two.”

FCC Task Force Provides Framework for Final Phase in Development of National Broadband Plan
The FCC’s task force developing a National Broadband Plan on Wednesday delivered an interim report to the Commission outlining a range of policy options. According to the report, encouragement of competition will be a guiding principle of the plan, since competition drives innovation and provides consumer choice. Finding ways to better use existing assets, including Universal Service, rights-of-way, spectrum and others, will be essential to the success of the plan. The limited government funding that is available for broadband would be best used when leveraged with private sector investment. The plan may recommend changes in the law in some cases, but those changes should be limited in number, the task force said. The interim report focused on policy recommendations in ten key areas: Universal Service, infrastructure access, spectrum, Tribal lands, set-top boxes, consumer information, media, adoption of broadband, accessibility for people with disabilities, and public safety. Other areas that are to be addressed by the plan, including education, energy, health care, civic participation and others, will be addressed further in January. The plan is due to Congress by Feb.17. Details.

WCAI Recommends Improvements to Second-Round Broadband Stimulus Application Process
WCAI asked NTIA and RUS to modify the second-round broadband stimulus application process to better maximize the impact of the limited funds available and produce the greatest benefit for the public. Based on feedback provided by members of the WCAI’s Emerging Markets and Broadband Financial committees, WCAI submitted comments recommending that: (1) the RUS make it clear that the collateral applicants must pledge as security for BIP loans or loan/grant combinations will be limited to those assets that the applicant acquires with BIP loan funds; (2) the agencies require their approval of any sale or lease of award-funded facilities only where the transaction in question occurs within five years of the award’s issuance date or, if longer, the term of any underlying loan or loan/grant award; (3) the agencies abandon their reliance on advertised speeds in determining whether an area is unserved or underserved or establish a “safe harbor” for applicants seeking to demonstrate that their applications qualify for consideration; (4) the NTIA accommodate applications that address specific statutory goals set forth in the American Recovery and Reinvestment Act that were left unaddressed in round one; and (5) the agencies accord substantial weight to “cost effectiveness” in the application evaluation process.

WiMAX Operators Ask for $1.6B in Broadband Stimulus
Of the 1,130 applications submitted to the U.S. federal government for last-mile broadband stimulus funds, more than a quarter were filed by WiMAX operators looking to capitalize on the program to expand wireless access and mobile broadband services to underserved areas, according to an analysis by the WiMAX Forum summarized byTelephony Online. Though the number of applications from wireless providers was large, the amounts each requested on average were relatively small. Of the $14.212 billion in last-mile funds requested, the 300 WiMAX applications totaled $1.6 billion. NTIA and RUS fund have set aside a total of $4 billion in grant funds with an additional $3.2 billion available for loans. In total the government has received applications for $28 billion in funding for all broadband stimulus projects. Details.

Six States Get Mapping Grants from NTIA
The NTIA said Monday it awarded funding for broadband mapping and planning initiatives in Alaska, Colorado, Delaware, Kansas, Louisiana, and Missouri, according to TR Daily. Grants are provided from the State Broadband Data and Development Grant Program, which if funded by the American Recovery and Reinvestment Act. Recipients are required to provide at least 20% of their own matching funds towards the cost of their projects. The NTIA has announced 15 grants under the program so far and plans to make further grant announcements “over the coming weeks,” the agency said.

NTIA Asks FCC for Access to Form 477 Data
As NTIA grapples with the task of determining which areas are unserved or underserved, it has asked the FCC to release to it information submitted by broadband service providers on FCC Form 477 – information that is often submitted with a request for confidential treatment. NTIA has committed to maintain the confidentiality of the information and, in the event it is requested to release the information pursuant to a FOIA request, to provide the broadband provider the protections afforded under the FCC’s rules. The FCC today released a public notice alerting the public to the request and soliciting objections by affected service providers by Dec. 7.  The public notice sets out the law generally applicable to this sort of request, and the FCC’s process for addressing NTIA’s request.

House Subcommittee Examines Federal Rural Broadband Program Implementation
The House Agriculture Committee's Subcommittee on Rural Development, Biotechnology, Specialty Crops, and Foreign Agriculture held a hearing last week to review the progress made by the U.S. Department of Agriculture and Department of Commerce to award grants to expand broadband access in rural areas. NTIA head Larry Strickling testified that BTOP grant announcements for the $1.6 billion available in the first funding round will begin by mid-December and will continue into early 2010. RUS Administrator Jonathan Adelstein said: "We are now in the process of evaluating First Round applications and expect to begin issuing awards shortly.” Details. For a copy of written testimony, please visit the Committee website.

DigitalBridge Secures Funding for WiMAX Expansion in Rural U.S.
Rural WiMAX network operator and WCAI member DigitalBridge Communications (DBC) has completed an additional round of equity financing, including an investment from cable and newspaper publisher Schurz Communications, according to Cellular-News. Under the terms of the investment, DigitalBridge will deploy its WiMAX network in markets currently served by Schurz Communications. Details.

WCAI Emerging Markets Committee to Hold a Special Call on Broadband Stimulus
The WCAI’s Emerging Markets Committee (EMC) will have a special call at 4 pm ET on Friday, Nov. 20 to provide update on the broadband stimulus process and to discuss the Request for Information (RFI) NTIA and RUS have released seeking comment on how best to administer the second round of funding.  Comments on the RFI are due Nov. 30.  This comment cycle presents the best opportunity for potential second round applicants and for incumbent service providers to seek from the agencies corrections to the problems that made the first round difficult.  Speaking on the call will be WCAI Counsel Paul Sinderbrand of Wilkinson Barker Knauer.

NTIA Submits BTOP Quarterly Status Report to Congress
NTIA will not conclude the first round of BTOP funding at the end of 2009 as originally targeted, but is on course to do so in February 2010, the agency told Congress in its third quarterly status report submitted on Nov. 16.  It also said it has extended the review period for first round grants given the large number of complex applications and is now targeting December 2009 to begin awarding BTOP grants.  The report focuses on efforts to accept and process applications, the application review process, preparations for the second funding round, and steps to ensure appropriate oversight and compliance of BTOP grants.  The report also provides an update on the State Broadband Data and Development Program, including applications received, awards made, and other steps taken to develop a national broadband map.  NTIA will provide its next quarterly report to Congress by Feb. 15.

Lawmakers Seek to Cut Red Tape on Broadband Expansion Grants for Small Businesses
A bipartisan group of 21 lawmakers on the House Small Business Committee wrote the NTIA and RUS, asking the agencies to lower barriers so small businesses can participate in the American Recovery and Reinvestment Act's broadband expansion initiatives.  The letter, signed by both Rep. Nydia M. Velázquez (D-NY), the Chairwoman of the House Committee on Small Business, and Rep. Sam Graves (R-MO), the Ranking Member of the Committee, calls on the agencies to strengthen the program's economic growth and job creation potential by addressing entrepreneur's concerns.  

GAO: Actions Needed to Improve Broadband Program Implementation
The Secretaries of Commerce and Agriculture should ensure sufficient time to review broadband stimulus applications in the second funding round, develop contingency plans for oversight beyond fiscal year 2010, and develop program performance measures, GAO recommended in a Nov. 16 report.  The Secretary of Commerce should also set annual audit requirements for commercial grantees, GAO said.  It noted that NTIA and RUS agreed with GAO’s recommendations.

RUS Vacancy for a Telecom Field Rep
The RUS has a vacancy for a telecom General Field Representative in Nashville, TN or Indianapolis, IN or Cincinnati, OH.  For more information or to apply, please go to the website.

NTIA, RUS Streamline Broadband Stimulus Funding Process
The USDA’s Rural Utilities Service (RUS) and the Commerce Department’s National Telecommunications and Information Administration (NTIA) announced Tuesday they are streamlining the broadband stimulus grant and loan programs by awarding the remaining $3.2 billion in just one more round, instead of two rounds, to increase efficiency and better accommodate applicants. The first round produced about 2,200 applications requesting nearly $28 billion in funding – almost seven times the amount of funding available in that round – for proposed broadband projects.  The agencies are currently reviewing these applications and expect to award up to $4 billion in loans, grants, and loan/grant combinations in this round.  The agencies expect to begin announcing funding awards in December 2009.  The agencies also released a Request for Information (RFI) seeking public comment on how best to administer the second round of funding for the programs in order to improve the applicant experience and maximize the ability of the programs to meet Recovery Act objectives.  Details.

RUS/NTIA Release Environmental Guidance
The NTIA and RUS on Monday posted a document to provide guidance to BIP/BTOP applicants regarding their environmental obligations.  “It is must reading for any broadband infrastructure applicant since compliance with these obligations by the step two processing deadline may prove challenging for many applicants,” according to WCAI Counsel Paul Sinderbrand.

House BIP/BTOP Oversight Hearing Scheduled
The House Agriculture Committee's Subcommittee on Rural Development, Biotechnology, Specialty Crops, and Foreign Agriculture has scheduled an oversight hearing for 11 a.m. ET on Thursday, Nov. 19 "to review rural broadband programs funded by the American Recovery and Reinvestment Act."  Details.  

FCC Seeks Comment on Broadband Adoption
The FCC released a Public Notice, seeking comment on measuring broadband adoption, quantifying the individual costs to non-adopters, measuring the cost to society of having a large group of non-adopters, and identifying and remedying barriers to adoption.  The agency also asked for data about existing adoption programs and studies, in order to contribute to and facilitate the Commission’s development of the National Broadband Plan.  Comments are due Dec. 2.

Report: Applicants for Stimulus Funds Should Expect a Long Wait; ACORN Deemed Ineligible
The Commerce Department’s NTIA will not announce who will receive the first broadband stimulus grants until at least mid-December, according to BroadbandCensus.com.  An NTIA spokeswoman said the agency then plans to announce more awardees on a rolling basis.  Once a recipient of the stimulus funding is named, the agency plans to complete all the required paperwork and deliver the funds within 60 days of the announcement.  The only group that knows for certain that it won’t be getting funds is the controversial ACORN Institute, which describes itself as a group that uses “research and training to address the problems in low-income communities identified through years of community organizing.”  Its applications have been deemed “ineligible for funding” by the NTIA.  See the listing on NTIA’s Broadbandusa.gov web site.  Details.

Report: Consortiums Will Be Likely Winners of Broadband Stimulus Funding
Government groups or non-profit consortiums that bring private companies and government entities together may be the big winners when broadband stimulus awards are announced, according to Government Product News, which continued: NTIA asked Governors' offices and state broadband program officials to recommend first round project funding in their states.  Their support for local government-run or nonprofits created for public-private partnerships runs from 30% to 50%, says Craig Settles, founder of Successful.com.  Indeed, a number of groups around the country are forming at the local, state and regional level and consist of disparate entities — anchor institutions, such as colleges, hospitals, libraries, counties and towns — brought together by the need for broadband connectivity and mobilized by the promise of federal stimulus money.  Details.

NTIA Chief of Staff Welcomes Idea of Tentative Conclusions in Broadband Stimulus RFI
The NTIA might include tentative conclusions in its upcoming request for information (RFI) on how to improve the broadband stimulus funding program as it moves to its second round of applications and awards, said NTIA Chief of Staff Thomas Power according to TR Daily.  Mr. Power also said that RUS and NTIA are “working together to figure out how to grant complementary applications” and to “make sure we don’t grant a lesser application [for a given area] that precludes a better application from them.”

BRS Auction Garners $20.7M in Bids
An FCC auction of 78 broadband radio service (BRS) licenses closed Oct. 30 after the 24th round, according to TR Daily, which further reported: The auction, which began Oct. 27, garnered $20.7 million in bids for 61 licenses.  Details.

First Broadband Stimulus Grants Are Delayed in U.S.
The first U.S. broadband stimulus grants won't be awarded until December, a month later than expected, federal officials said, citing the complexity of the 2,200 applications received, reported The Wall Street Journal.  NTIA Administrator Larry Strickling announced this week that processing applications under the first NoFA will not be completed until February 2010.  RUS Administrator Jonathan Adelstein said that RUS will begin issuing awards "as soon as possible" but that Nov. 7 date will "slip" and that RUS expects to begin making announcements a month after the initially scheduled Nov. 7 date.  "We're going to take a few more weeks here to get this right.  We absolutely understand the need to get the dollars out," said Strickling, head of the NTIA, which is giving out some of the $7.2 billion in stimulus funding set aside for broadband Internet lines.  Federal officials are considering a number of changes to the program, including delaying the next application deadline so changes can be made that would allow more rural areas to become eligible for funding.  "There's no question we'll make changes.  We've learned a lot from this first round," said Adelstein.  Details.

FCC Seeks Comment on Draft Net Neutrality Rules
The FCC voted last Thursday to seek public input on draft rules that would codify and supplement existing Internet openness principles.  The process will build upon the existing record at the Commission to identify the best means to achieve the goal of preserving and promoting the open Internet, the agency said.  Details.  According to Bloomberg, the proposed regulations would build on principles adopted by the FCC in 2005.  They would add a requirement for companies to disclose how networks are managed, and prohibit them from discriminating against Internet content or applications.  The agency said it will take comments on the rules until March 5.  Details.

New Posting on BroadbandUSA Regarding Mapping Tool
RUS and NTIA have updated the BroadbandUSA Mapping Tool and Searchable Database to include applications received in paper format.  The page also includes a list of Public Notice Filings (PNFs) created on Oct. 20, 2009 for paper infrastructure applications with valid Mapping Tool reference numbers, as well as for several Easygrants applications with valid Mapping Tool reference numbers which were not previously published.  These filings can now be viewed by going to the BroadbandUSA Mapping Tool.  For more information about the Public Notice Filings, please click on the "Public Notice" menu option.  Public Notice Responses can be submitted for these particular infrastructure applications for 30 days after the date they are posted.

GAO Releases Preliminary Observations on the Implementation of Broadband Programs
NTIA and RUS face scheduling, staffing, and data challenges in evaluating applications and awarding broadband stimulus funds, GAO found in its study on Preliminary Observations on the Implementation of Broadband Programs.  The agencies must review more applications and award far more funds than they formerly handled through their legacy telecommunications grant or loan programs.  GAO said the upcoming deadline for awarding funds may pose risks to the thoroughness of the application evaluation process.  In particular, the agencies may lack time to apply lessons learned from the first funding round and to thoroughly evaluate applications for the remaining rounds, it said.  GAO expects to make recommendations in its November report.

FCC’s BRS/EBS Order and FNRPM Published in Federal Register
The FCC published in the Federal Register a summary of its Fifth Memorandum Opinion and Order and Third FNPRM in the BRS/EBS rule rewrite proceeding Sept. 28.  As a result: (a) the new rules regarding the maximum term of certain pre-Jan. 10, 2005 EBS leases will go into effect on Oct. 28, 2009; and (b) comments on the Third FNPRM will be due Oct. 13, 2009 and reply comments will be due on Oct. 23, 2009.  The Third FNPRM proposes to provide new BRS licensees (those acquiring BTA licenses in Auction 86 and future auctions) four years from grant to meet their substantial service obligations.  In addition, the Third FNRPM proposes to make some minor tweaks to the substantial service rule to incorporate certain policies the FCC adopted in the past at WCAI's request that have yet to be codified.

NTIA/RUS Make Mapping Data Available, Commence 30-Day Incumbent Comment Period
RUS and NTIA have released a modified version of the BIP/BTOP applicant mapping tool, which now provides public access to applicant mapping data (except for those that filed paper maps), and commenced the 30-day comment period.  The tool can be accessed here.

U.S. May Need as Much as $350 Billion to Extend Broadband
Expanding broadband usage throughout the United States will require subsidies and investment in infrastructure upgrades of as much as $350 billion, a regulatory panel said on Tuesday according to Reuters.  The FCC is crafting a national broadband plan aimed at increasing usage in rural and urban areas.  The report is due to be submitted to Congress in mid-February.  In a mid-course status report, an FCC task force said preliminary estimates indicate that investments in the range of $20 billion to $350 billion may be needed for wireless and landline infrastructure, depending on the speed of service.  The range indicates the slowest speeds to premium fast speeds.  Details.  The FCC’s Omnibus Broadband Initiative team emphasized the importance of deciding which online applications should be accessible by all Americans in determining the broadband speeds that should be available, reported TR Daily.

Senators Plan Bill to Advance Net Neutrality
Sen. Byron Dorgan (D-N.D.) said in an interview Monday that he and Sen. Olympia Snowe (R-Maine) are considering legislation aimed at helping advance the adoption of new rules on net neutrality, reported Washington Post.  Such a bill could be a timetable or deadline for the FCC to finish its rulemaking process, said Dorgan, the senior member on the Commerce Committee.  Details.  Last week, FCC Chairman Julius Genachowski proposed rules that would prevent telecommunications, cable and wireless companies from blocking or slowing Internet traffic related to specific applications or services.  In a Q&A on net neutrality with The New Yorker, Genachowski said: “[W]e have seen some troubling behavior in the marketplace already, and there are a number of factors about the current marketplace that pose questions about future innovation and economic growth.  Moreover, business models may develop, or technology may be deployed in the network, that frustrates users and dramatically departs from the Internet's open-architecture roots.  Unscrambling the eggs later will be very difficult, if not impossible, if action is not taken to affirmatively choose to safeguard this critical platform for innovation and opportunity.”

RUS Wants Input to Improve Stimulus Application Process
The Rural Utility Service is "painfully aware" of problems in the application process for federal broadband stimulus funding, RUS Deputy Administrator Jessica Zufolo said Wednesday, but the agency is hoping feedback from the telecom industry and others will help RUS get it right in the second round of funding, set for next year, according to Telephony Online, which further reported: "We are eager to work with everybody," Zufolo said.  "We want to get it right.  It is important for our agency and for the president, and we are open to your suggestions."  Zufolo added: "Everything is on the table for round two, and we want as much feedback as possible on how to expand the applicant pool to include more rural areas that are unserved by broadband."  Zufolo also confirmed earlier reports that RUS and NTIA are strongly leaning toward collapsing the scheduled second and third rounds of funding into a single second round.  The NOFA for the second round will be issued in December, and funding will be issued next summer, she said.  Details.

FCC Holds Hearing on Encouraging Broadband Capital Investment
FCC Chairman Julius Genachowski assured attendees of an agency hearing Thursday that the Commission is aware of the importance of making the broadband sector “attractive for investment,” reported TR Daily.  It continued: Speaking at the “field hearing” at the agency’s Washington headquarters -- part of the FCC’s effort to develop a national broadband plan to deliver to Congress in February -- Chairman Genachowksi said: “We all understand at the Commission how important it is to get our policies around broadband capital formation right.” He added: “We need to have a partnership with the private sector [and] we need to understand what kind of rules we can have to maximize investment.”  He also said the agency needs help in thinking about how best to deploy public sector capital to leverage private sector capital.

Matsui Unveils Broadband Assistance Bill
House Energy and Commerce Communications Subcommittee member Doris Matsui (D-CA) has introduced a bill that would expand the Universal Service Fund's lifeline assistance program for broadband adoption, according to Congress Daily, which further reported: The bill directs the FCC to establish a broadband program that provides low-income Americans living in rural and urban areas with assistance in subscribing to affordable broadband Internet service.  Matsui said her measure would help "fully close the digital divide."  Details.

FCC Adopts BRS/EBS Order and FNRPM in a Victory for WCAI
The FCC on Sept. 11 released its Fifth Memorandum Opinion and Order and Third Notice of Proposed Rulemaking in WT Docket No. 03-66 -- the BRS/EBS rule rewrite proceeding.  In a victory for WCAI, the Order adopted the compromise WCAI and NEBSA had reached regarding the maximum permissible term of certain EBS leases entered into prior to Jan. 25, 1999.  In addition, the Commission granted WCAI's petition for reconsideration and allowed BRS channel 1 and 2 licensees to use their 2.1 GHz and 2.5 GHz band spectrum simultaneously while their 2.1 GHz subscribers are being migrated to the 3.5 GHz band.  The NPRM part of the decision proposes to modify Part 27 of the Commission's Rules so that those who prevail in future auctions of BRS spectrum (including upcoming Auction 86) have four years from license grant to demonstrate substantial service.  In addition, the NPRM proposes certain changes in the substantial service rule (Section 27.14(o)) to better reflect certain policy decisions the Commission previously adopted at WCAI's request. 

NTIA to Begin Awarding Broadband Stimulus Grants in November
The National Telecommunications and Information Administration (NTIA), along with the Department of Agriculture's Rural Utilities Service (RUS), is still sorting through nearly $28 billion worth of applications for broadband stimulus grants -- nearly seven times the $4 billion available for the program in this first round, according to FierceWireless.  However, the NTIA hopes to begin awarding the first round of its grants in early November, according to Anna Gomez, NTIA's deputy administrator and deputy assistant secretary for communications and information.  She said that the agency hopes to have all of the grants announced by the end of the year.  Later this fall, the agency will solicit comments on the first round of grants and gather best practices.  Then, by late winter, the NTIA is to receive the second round of applications.  Currently, the NTIA is deciding whether to combine the second round of applications with a third round, though Gomez emphasized that a decision had not been made either way.  Additionally, the NTIA is set to receive broadband mapping data from states by February, she said.  The data will be used to identify where the greatest needs are for broadband in unserved and underserved areas.  By February 2011, the NTIA is expected to have an interactive, national broadband map in place.  Details.

FCC Chairman Pushes for Net Neutrality Rules
FCC Chairman Julius Genachowski said Monday he is starting the process for making network neutrality rules that would prevent broadband service providers from blocking or degrading content and applications beyond the use of reasonable network management techniques, reported Light Reading.  Genachowski said he will soon circulate a set of proposed rules to the other commissioners with the hope of later issuing a more formal Notice of Proposed Rulemaking that will be open to public comment. Genachowski, head of the agency charged with delivering a National Broadband Plan to Congress by Feb. 17, 2010, said comments will also be used to address how the new rules should apply to mobile broadband services.  Details.

FCC Seeks Comment on Broadband Spectrum Issues
Continuing its series of Public Notices soliciting comments on specific issues relating to the National Broadband Plan, the FCC asked for further input on a variety of specific issues associated with broadband spectrum.  The agency cited WCAI's earlier comments in several places in the Public Notice.  The major issues raised by the FCC are: (1) What is the ability of current spectrum allocations to support next-generation build-outs and the anticipated surge in demand and throughput requirements?  (2) What spectrum bands are best positioned to support mobile wireless broadband?  (3) What spectrum bands are best positioned to support fixed wireless broadband?  (4) What are the key issues in moving spectrum allocations toward their highest and best use in the public interest?  (5) What is the ability of current spectrum allocations to support both the fixed and mobile wireless backhaul market?  Below each of these major issues, the Commission seeks comment on numerous subsidiary issues of import to the wireless broadband industry.  Comments are due Oct. 23, replies Nov. 13.

BRS Auction Applicants Announced
The FCC has released a Public Notice announcing the applications that have been filed to participate in the upcoming BRS auction.  In total, there were 24 applications.  Ten of the 24 applications were accepted; 14 of the applications will need to be amended/corrected before the FCC will accept them.  The auction, which is designated as Auction 86, is scheduled to begin on Oct. 27, 2009.

BIP/BTOP Applicant Mapping Data Now Online
The RUS has made available detailed mapping data via a searchable database.  It can be accessed at http://broadbandsearch.cert.sc.egov.usda.gov/LegalNoticeFiling/List.Aspx.

States to Be Served Now Included in BIP/BTOP Database
The BIP/BTOP application database now not only provides access to many executive summaries, but also can be searched based on the state in which the project will be deployed.  Not every applicant gave permission to publish their executive summary.  Each applicant should check whether their executive summaries were handled correctly (that is, not available if permission was not expressly granted or available in the form agreed upon).

BIP/BTOP Development Regarding Historic Preservation
The Advisory Council on Historic Preservations (ACHP) request for comment on a Programmatic Comment addressing BIP/BTOP historic preservation issues was published in the Federal Register last week, setting the comment deadline for Oct. 8.  The purpose of the Programmatic Comment would be to allow BTOP/BIP applicants to follow the FCC's historic review process with respect to the FCC's two Nationwide Programmatic Agreements (NPAs), according to WCAI Counsel Paul Sinderbrand of Wilkinson Barker Knauer.  He continued: The process set forth in the FCC’s NPAs is more streamlined than the current BTOP/BIP historic review process, which would be superseded under the Programmatic Comment.  The Programmatic Comment would only substitute that part of the FCC’s historic review process that deals with towers and collocations.  Publication in the Federal Register kicked off a 21-day public comment period.  The ACHP will then review the comments and decide whether to issue the Programmatic Comment.

FCC Includes Blogband Postings as Part of the Record for the National Broadband Plan
The FCC clarified that comments made on the Blogband blog will be considered part of the official record in the National Broadband Plan proceeding.  The agency also waived its ex parte rules that otherwise require a copy of any written submission to be filed with the Office of the Secretary for inclusion in the docket.  “For the purposes of this proceeding, Blogband is hereby deemed to be part of the public record in GN Docket No. 09-51,” FCC said.  “For this reason, interested persons are advised to review not only ECFS, but also Blogband to ensure that they are aware of all relevant views expressed to the Commission concerning the National Broadband Plan.”  Details.

FCC Launches on Crowd-Sourcing Platform; Joins Facebook, YouTube
Continuing its use of new media to increase public participation, the FCC has launched on the crowd-sourcing platform, Ideascale, at http://broadband.ideascale.com/.  The agency said crowd-sourcing allows the online community to discuss, evaluate and rank ideas.  It said the platform will be especially useful as the Commission develops a National Broadband Plan.  The FCC also said it will be launching on social media sites Facebook and YouTube, which will be linked through www.fcc.gov/connect.  Finally, the FCC launched www.fcc.gov/rss as a central repository of data feeds from the agency.  Though the FCC launched a general RSS feed in August, the addition of 48 feeds provides more robust access, the agency said.  Details.

WCAI Honors Jim Schlichting, Lee Sparkman, Kelley Dunne at Symposium
WCAI honored three industry visionaries with its annual awards at the Wireless Operator Dinner last week held as part of the WCAI’s Annual International Symposium at 4G World.  Jim Schlichting, Senior Deputy Chief of the FCC’s Wireless Bureau, was presented with the Government Leadership Award; Lee Sparkman, President of Enforta (Russia) with the Industry Service Award; and Kelley Dunne, CEO of DigitalBridge, with the Innovation Achievement Award.  “We at WCAI are delighted to recognize the achievements of Jim Schlichting, Lee Sparkman and Kelley Dunne,” said WCAI President & CEO Fred Campbell.  “Throughout their distinguished careers, they contributed to the growth and prosperity of the wireless broadband industry.  On behalf of the WCAI, I want to thank them for their hard work and congratulate on winning the WCAI’s annual awards.”

FCC Official Urges WCAI Conference Attendees to Weigh In on Issues
Bruce Gottlieb, chief counsel and senior legal adviser to FCC Chairman Julius Genachowski, was the opening keynote speaker at the WCAI’s Annual International Symposium at 4G World Sept. 15 in Chicago.  Addressing WCAI members and others in the wireless broadband industry, he said in the converged communications landscape, the FCC needs input from a wide variety of parties in order to make the best decisions on wireless issues, according to TR Daily coverage.  “The bottom line is simple:  The FCC is not hearing from the growing universe of companies in wireless, and as the wireless world expands, so must the FCC’s thinking about wireless.”  He compared WCAI conference participants with parties that filed comments in last year’s wireless competition proceeding, noting that most of the latter were carriers and trade organizations.  He urged input from a variety of stakeholders, as the FCC works to craft a broadband plan by a statutory deadline of next February, as well as in its wireless innovation, wireless competition, and consumer disclosure proceedings.  He said “one focus of the Commission’s attention will be looking at spectrum availability, and considering ways to ensure that all spectrum bands are being put to their highest and best use.” 

Clearwire’s Barry West Keynotes WCAI’s International Operator Breakfast at Symposium
Barry West, President, International at WCAI member Clearwire kicked off the WCAI’s International Operator Breakfast as part of the WCAI’s International Symposium at 4G World last week.  Organized by the WCAI’s Global Development Committee (GDC), the breakfast brought together wireless broadband service providers from around the world to discuss the future global expansion of 4G and the ways new and emerging technologies will transform our lives going forward.  Addressing the operators, Mr. West delivered a spirited talk about WiMAX technology and said he was optimistic the company would be able to raise more money to complete the construction of a national network, according to TR Daily coverage.  “I know there’s a lot of speculation about where WiMAX is and will it survive.  Is it the Betamax of mobile broadband?  I am telling you - we are past the tipping point,” Mr. West said.  “Will LTE come along?  Of course it will, but it’s not a case of, ‘Will it come along and crush WiMAX?’  WiMAX is here to stay.”  Later, he predicted that WiMAX would grab “the lion’s share” of the 4G market.

Funding Scarce for Next-Generation 911
The future of next-generation, IP-enabled E911 is hampered by a lack of funding and momentum from both the public and private sectors, according to panel on the subject at the WCAI’s Symposium last week covered by Wireless Week.  David Furth of the FCC emphasized the importance of extending connectivity to unserved and underserved rural areas.  “There are two regulatory issues that we’re going to be looking at.  The first is to get basic connectivity out to the country because it affects 911 centers and first responders as much as it affects everyone else,” Furth said, adding that the FCC is examining how to configure rural broadband to that it will support the features needed for next-generation 911, both on the consumer side and the public safety side.  Details.

WCAI Symposium Panelists Discuss Universal Broadband Services, Spectrum Allocations
WCAI International Symposium panelists last week urged the federal government to inventory the way government and commercial frequencies are being used before deciding how much additional spectrum needs to be reallocated for 4G wireless services, according to TR Daily.  Although most panelists did not want to suggest how much additional spectrum carriers would need, Mohammad Shakouri, corporate VP-innovation and marketing for WCAI member Alvarion, suggested each would need an additional 80 MHz to 100 MHz, and he said they will also need wide channels for “real broadband.”  Jim Schlichting, senior deputy chief of the FCC’s Wireless Bureau, urged various parties to weigh in at workshops and elsewhere at the agency.  “Up until this point, we’ve had a lot of folks saying we need more spectrum, but it’s been sorely lacking in specifics,” he said, including where to get the spectrum and what the demand will be.  Mr. Schlichting said the FCC was becoming prepared to conduct an inventory of spectrum under its jurisdiction if congressional legislation passes, while Danny Weitzner, associate administrator-policy for the NTIA, said his agency, other executive branch agencies, and Capitol Hill were discussing the best way to conduct an inventory of government bands.  He also cited the need to provide incentives for efficient spectrum use and for users to vacate spectrum.

4G Wireless Network Roaming Challenges Cited at WCAI Symposium
Industry representatives participating in the WCAI Symposium panel on roaming last week cited the challenges carriers will face in inking roaming agreements on 4G networks and suggested that the FCC leave data roaming up to the market instead of imposing rules, according to TR Daily coverage.  Joan Marsh, vice president-federal regulatory for AT&T, and other panelists cited the difficulty of knowing exactly at this point how roaming agreements for 4G services will work in light of the absence of a standard for LTE technology, as well as uncertainty about the exact applications over networks.  Speakers also noted that standards for VoIP offerings over a 4G platform haven’t been adopted.  Jim Schlichting, senior deputy chief of the FCC’s Wireless Bureau, suggested that one of the factors the FCC will consider when mulling whether to change its roaming rules is the expectation of consumers when using the mobile Internet.  He noted the agency also must consider whether it has the jurisdiction to regulate data roaming.

WCAI’s EMC, Financial Committee Meeting to Focus on Second Stimulus Funding NOFA
WCAI’s Emerging Markets and Broadband Financial committees will hold a joint meeting at the WCAI’s Annual International Symposium Sept. 15 to discuss what went wrong with the first broadband stimulus funding NOFA, and how the process can be improved for the second NOFA.  Led by WCAI President Fred Campbell and WCAI Counsel Paul Sinderbrand, the goal is to solicit member input to help WCAI in formulating its advocacy strategy to improve the second NOFA.  Also at the meeting, Paul Sinderbrand will provide a regulatory update on the recent developments at the FCC, NTIA and RUS of importance to the wireless broadband community and answer member questions.  The meeting will take place at 10 a.m. on Tuesday, Sept. 15 in Room W-184d of the McCormick Place in Chicago.  For more information, please contact Susan Polyakova.

WCAI Submits Comments on Broadband Definition
As the FCC is working on its National Broadband Plan, it should use an application-based approach to determine what broadband capabilities should reasonably be available to all Americans, WCAI said in comments on broadband definition this week.  WCAI said it is not necessary to define “broadband” in technical terms at this stage of the planning process.  Instead, the national broadband plan should set forth a process by which the Commission will determine those capabilities now and over time.  To achieve this goal, WCAI proposed the following process: (1) The Commission must first establish by market segment the minimum sets of applications to which all Americans should reasonably have access.  (2) Data regarding usage should be obtained by surveys conducted by the private sector, other agencies, or the Commission, and it should be categorized in accordance with the market segments contained in the Recovery Act.  (3) A particular application should be included within the minimum set within any particular market segment – i.e., an application should reasonably be made available to all Americans – if it is used regularly by a majority of consumers within that market segment who already have relatively high-throughput broadband connections.  WCAI also suggested that application surveys be conducted every two years and adjustments to minimum broadband capabilities be made as needed based on the latest survey data.

Broadband Stimulus Application Database Now Available Online
A searchable database of first-round applications for broadband stimulus funding under the RUS’ Broadband Initiatives Program and the NTIA’s Broadband Technology Opportunities Program is now available online.  The applications can be searched by state, program, project type keywords or organization.

House Subcommittee Holds BIP/BTOP Implementation Oversight Hearing
The House Subcommittee on Communications, Technology and the Internet on Thursday held an oversight hearing on implementation of the BIP and BTOP programs.  Testifying were NTIA Administrator Larry Strickling and RUS Administrator Jonathan Adelstein.  According to WCAI Counsel Paul Sinderbrand, who attended the hearing, Strickling and Adelstein said the agencies were considering having just one more NoFA, but no final decision on that approach has been made.  Comment on the second NoFA will be sought from the public sometime in October.  Also at the hearing, NTIA’s Strickling said there will be no change in the BTOP review process.  He emphasized that volunteers are being carefully vetted for potential conflicts.  The agencies will “soon” be making the maps of proposed service areas available to the public.  BTOP is processing applications also submitted to BIP on the same track as BTOP-only applications, and Strickling emphasized that the BIP/BTOP applicants will not be disadvantaged as BTOP applications are evaluated.  NTIA continues to anticipate that it will begin making grants in November, and that it will have completed determining the awardees for the first round by the end of December.  There was no discussion of BIP timing.

FCC Extends Deadlines for Wireless Competition and Innovation NOIs, Revises Ex Parte Rules
The FCC said it extended deadlines for comments and replies on Wireless Competition and Innovation NOIs to Sept. 30 and Oct. 15, respectively.  In addition, the agency modified the ex parte policies applicable to the innovation and investment proceeding to require greater disclosure.  Details.

FCC Releases Report on Emergency Preparedness
FCC Chairman Julius Genachowski on Tuesday released a report on the FCC's preparedness for a major public emergency.  According to WCAI Counsel Paul Sinderbrand’s analysis, the report focuses not only on the agency's own internal continuity of operations capabilities, but highlights a number of regulatory issues that have been of concern to the wireless industry in recent years.  “Most significantly, the report portends a future NPRM or other proceeding to consider expansion of the Part 4 network outage reporting requirements and the related Disaster Information Reporting System (DIRS) to include VoIP and other IP-based services,” Sinderbrand said.

NTIA’s Broadband Mapping Initiative Off to Strong Start
NTIA announced Wednesday that it has received applications for mapping funds for all 50 states, five territories and the District of Columbia.  The agency said it decided to initially fund state mapping and data collection efforts for a two-year period as opposed to a five-year period as originally contemplated.  “This approach will allow NTIA to assess lessons learned, determine best practices, and investigate opportunities for improved data collection methods prior to awarding funds for subsequent years,” it said.  Based on the information submitted by the applicants, NTIA estimates funding requests for the first two years to total approximately $100 million.  NTIA’s grant awards will also include funding for state broadband planning.  As originally contemplated, NTIA intends to fund broadband planning grants for a five-year period.  Fifty-two of the applicants requested a total of approximately $26 million to support broadband planning activities.  NTIA said it is reviewing the applications and plans to announce funding decisions beginning in the early fall. 

Commerce IG to Review BTOP Program
The Department of Commerce's Office of Inspector General is reviewing NTIA’s Broadband Technology Opportunities Program, according to a memorandum sent last week by Judith Gordon, Principal Assistant Inspector General for Audit and Evaluation to NTIA Administrator Larry Strickling.  The review is to "(1) assess how effectively NTIA is implementing the BTOP program, including management controls, contractor oversight, and program office staffing; (2) evaluate the proposal pre-award review measures that NTIA is taking to ensure an effective and fair application and award process; and (3) evaluate the integrity and reliability of the online application system." 

FCC’s Sept 29 Meeting to Focus on National Broadband Plan
The FCC on Wednesday released its tentative agenda for the Sept. 29 open meeting, scheduling a single item -- a staff report on the status of the National Broadband Plan. 

FCC Adds to Broadband Workshop Schedule
The FCC has added four more sessions to its ongoing series of broadband workshops, part of its effort to develop a national broadband plan to deliver to Congress next February, according to TR Daily.  On Sept. 17, there will be a 9:30 a.m. session on the role of content in the broadband ecosystem and a 1:30 p.m. session on spectrum.  On Oct. 2 there will be a 9:30 a.m. session on diversity and civil rights issues in broadband policy.  On Oct. 20, there will be a 9:15 a.m. session on broadband accessibility for people with disabilities, looking at barriers, opportunities, and policy recommendations. 

FCC Solicits Responses to Broadband Workshops
As the FCC prepares for the development of a National Broadband Plan, it released a public notice Tuesday soliciting the public "to respond to the facts and reasoning” asserted during the broadband workshops the agency has been hosting “to better understand the broadband marketplace as well as the social implications and potential of broadband.”  Responses to workshops held from Aug. 6 to Aug. 20 are due Sept. 15; responses to workshops held from Aug. 25 to Sept. 15 are due Oct. 2; and responses to workshops held from Sept. 16 to Oct. 20 are due Oct. 30.

FCC’s Levin Says His Broadband Worries Go Beyond Spectrum-Related Issues
Blair Levin, who is leading the FCC's National Broadband Plan effort, said in a blog posting Thursday that his “worries” about the effort to provide universal access to affordable, robust broadband go far beyond the spectrum-related issues, on which many press reports focused following his speech the day before.  “While press questions… focused on my worries about one particular input – sufficient spectrum to accommodate our hunger for fast smart phones and 4G mobile networks – my worries are as universal as broadband should be,” he wrote.  “I’m worried that low adoption doesn’t provide sufficient incentives to build out and upgrade the wireline, cable and wireless networks that our country will need for sustainable economic growth.  I’m worried that we need funds to achieve universal broadband but that one potential source of funding – the Universal Service fund – is already stretched thin.  I’m worried that there is no way the government’s existing broadband grant program can possibly meet the enthusiastic response it has received, with seven dollars of demand for every available dollar in the first round.”  Levin said he was “looking for creative solutions from everyone… that will help deliver the synergies of broadband to the entire nation.  The record is clear:  there are lots of opportunities.  But to take advantage of them, we need everyone to be, shall we say, ‘constructively worried.’” 

October Meeting Eyed for Commerce Spectrum Advisory Panel
Officials at the NTIA are eyeing mid-October for the first meeting of the Commerce Spectrum Management Advisory Committee (CSMAC) since the Obama administration took over, according to TR Daily.  Bryan Tramont, a managing partner at Wilkinson Barker Knauer, and Dale Hatfield, a consultant and adjunct professor at the University of Colorado at Boulder, are expected to continue to lead the panel.  The agenda for the new CSMAC is still being discussed among NTIA officials and is expected to be the primary topic of the first meeting.  The CSMAC last met in December 2008, adopting a transition report that recommended steps the newly rechartered panel should take.

Recovery Act: Clearwire Reveals Plans
WCAI member Clearwire said Tuesday it will use the broadband stimulus funds it had applied for to roll out services in underserved areas in Detroit and Puerto Rico, which are two new markets and are not included in Clearwire's current plan, reported Unstrung.  The company didn’t disclose the amount of funds it requested.  Clearwire also said that it plans to partner with "a limited number of other grants submitted, as a spectrum and technology partner," which would bring coverage to five more states.  Clearwire said the projects using stimulus funds would have "no significant impact" on the company's current funding and buildout plans.  Clearwire also announced Tuesday the official launch of Clear's mobile WiMAX services in 10 new markets in Texas, Idaho, and Washington state.  With these launches, Clearwire's total coverage is now 14 markets, spanning 10 million people.  In addition, WCAI member Sprint launched its own "4G" service in two of the new Clear markets: Bellingham and Boise.  Details.

Nearly 2,200 Broadband Stimulus Apps Request Over $28 Billion from a $4 Billion Pool of Funds
NTIA and RUS announced Thursday that based on a preliminary analysis, approximately 2,200 applications have been filed for BIP and/or BTOP funding, seeking nearly $28 billion in government funding, out of $4.3 billion that is available.  “Applicants requested nearly seven times the amount of funding available, which demonstrates the substantial interest in expanding broadband across the Nation," said Lawrence Strickling, Assistant Secretary for Communications and Information and Administrator of NTIA.  "We will move quickly but carefully to fund the best projects to bring broadband and jobs to more Americans.”  Of the $4.3 billion available in this round, RUS will make $2.3 billion available (in both grants and loans), and the NTIA will make $2 billion available.  Of the applications, more than 940 were filed with NTIA, more than 400 were filed with RUS, and more than 830 applications were filed with both NTIA and the RUS.  In the coming weeks, NTIA and RUS will post online a searchable database containing summaries of all applications received.  Details.

FCC Announces Wireless Innovation and Investment Notice of Inquiry
The FCC Thursday announced a Wireless Innovation and Investment Notice of Inquiry (NOI) that seeks to identify concrete steps the Commission can take to support and encourage further innovation and investment in the wireless marketplace.  In particular, the NOI focuses on spectrum availability and use, wireless networks, devices, applications, and business practices.  The NOI also seeks comment on how the public has used wireless services and technology to solve real-world problems in areas such as health care, energy, education, and public safety.  “More generally, the NOI seeks to develop a framework for analyzing wireless innovation and investment, including any metrics or data sources that should be considered,” the FCC said.  “This framework, together with the record developed in response to the Mobile Competition Report NOI adopted today, will serve as a base of knowledge to inform Commission consideration of wireless regulatory issues going forward.”  Comments are due Sept. 28, replies Oct. 12.  Details.

FCC Announces NOI on Mobile Wireless Competition
The FCC Thursday unanimously adopted a Notice of Inquiry seeking information for the next annual report to Congress on the status of competition in the mobile wireless market.  The NOI builds on the Wireless Bureau’s Public Notice on mobile wireless competition, released May 14, 2009, by seeking input on new issues and topics.  The FCC said it is seeking to enhance its understanding of the mobile wireless industry in three main ways. First, the FCC inquires about which analytic framework and data sources will most clearly describe competition in the mobile wireless market.  Second, it adjusts the inquiry to include new market segments not covered thoroughly in previous reports, such as device and infrastructure segments.  Third, it inquires about vertical relationships between “upstream” and “downstream” market segments, and how these relationships affect competition.  Details.

FCC Adopts Truth-In-Billing NOI
FCC adopted a Notice of Inquiry (NOI) Thursday seeking comment on consumer information and billing information issues affecting all services, including wireless, broadband Internet access, and video services.  The agency said its approach to information disclosure issues has traditionally focused on the formatting of consumer bills.  “This is relevant only after a consumer has already selected a service provider, and has been restricted to wireline voice and wireless services,” it said.  Thursday’s Notice asks questions about the information available to consumers at each stage of the purchasing process: (1) choosing a provider, (2) choosing a service plan, (3) managing use of the service plan, and (4) deciding whether and when to switch an existing provider or plan for all communications services, including wireline voice and wireless services, as well as broadband and subscription video (cable and satellite).  The Notice also seeks particular comment on cost-effective best practices in information disclosure from within the communications sector – as well as familiar examples for other areas.  Comments will be due 45 days after release of the Notice of Inquiry and replies will be due 15 days thereafter.

Clearwire Applies for Stimulus Funds
WCAI member Clearwire confirmed to Unstrung Tuesday that it has applied for some "modest grants" from the $4 billion broadband stimulus fund in the U.S. government's Recovery Act.  "These projects would have no significant impact on our funding or our existing build-out plans, but demonstrate our support of the government’s initiative to bring broadband to underserved areas,” said company spokeswoman Susan Johnston.  Details.

FCC Seeks Comment on Definition of "Broadband"
The FCC Thursday released a Public Notice, labeled “NBP Public Notice #1,” which is characterized as the “first” of what will be a series of public notices seeking “tailored” comment on a specific issue – in this case, the definition of broadband.  The questions posed in the PN are very pointed and fall into three broad categories:  (1) the general form, characteristics, and performance indicators that should be included in a definition of broadband; (2) the thresholds that should be assigned to these performance indicators today; and (3) how the definition should be reevaluated over time.  Comment are due Aug. 31, replies Sept. 8.  WCAI members who believe that WCAI should be filing in response to this PN, should notify WCAI President Fred Campbell and WCAI Counsel Paul Sinderbrand immediately.

BTOP-BIP Application Filing Deadline Extended to Aug. 24
NTIA and RUS today announced a limited further extension of the BTOP-BIP application filing deadlines to Aug. 24. 

NTIA Sends Report to Congress on BTOP
NTIA on Thursday submitted a quarterly report to Congress on the status of the BTOP program.  "The current goal is to issue a second NOFA before the end of 2009 and a third in the spring of 2010, each preceded by a Request for Information (RFI) soliciting public comment on any suggested modifications to future NOFAs," said NTIA.  The agency also said it is working with RUS and the Advisory Council on Historic Preservation “to ensure that projects comply with the National Historic Preservation Act (NHPA) and to streamline and expedite the NHPA Section 106 consultation process with State and/or Tribal Historic Preservation Officers as it relates to tower construction and fiberoptic cable installation.  NTIA also worked in close collaboration with RUS and the Council of Environmental Quality to create a more uniform, efficient, and streamlined environmental review process for BTOP and BIP applicants."  The report notes that "NTIA anticipates that most of the projects funded under BTOP will be eligible for Categorical Exclusions under NEPA."

FCC Circulates Item on BRS/EBS Rules
A draft item circulated by FCC Chairman Julius Genachowski last Friday would adopt a compromise proposal submitted last October by WCAI and the National EBS Association (NEBSA) for resolving an issue related to the grandfathering of some EBS leases, an agency source told TR Daily.  The order would also adopt WCAI’s proposal to permit BRS licensees of channels 1 and 2/2A l to operate simultaneously in the 2150-2160/62 MHz and 2496-2690 MHz bands post-transition.  WCAI Counsel Paul Sinderbrand told TR Daily the grandfathering and transition changes the order contemplates would be helpful.  NEBSA counsel Todd Gray said he hopes the FCC adopts the compromise hammered out by his group and WCAI.  “I think it’s a step forward in helping people to clarify what the status is of what are probably hundreds of old leases,” he said.  “It draws a line that we all can live with.”  The circulated item also tentatively concludes that new BRS licensees should get four years from when a license is granted to meet the “substantial service” build-out requirement.  The current deadline is May 1, 2011.

USDA Study Finds Rural Communities Benefit from Broadband Access
A new USDA study, "Broadband Internet' value for Rural America," finds that employment growth is higher and non-farm private earnings are greater in rural counties with a long history of broadband availability.  Only 41% of U.S. adults in rural households had broadband access in 2008, compared to 55% of U.S. adults overall, the study said.

U.S. Broadband Stimulus Applications Stretch from 700 MHz to 3.65 GHz
Businesses and cities spanning the U.S. are rushing to file applications requesting millions of dollars for broadband network deployments as part of the government’s broadband stimulus program, reported Fierce Wireless.  Among the latest wireless filers are WCAI members SkyTerra and KeyOn.  Details.

Intel, Dell, Fujitsu Partner with Connected Nation to Increase Low-Income Internet Access
Intel, Dell and Fujitsu announced a partnership with WCAI member Connected Nation to offer deeply discounted computers and broadband Internet access to low-income and unconnected households across the country, according to TheDailyTell.  The companies are “on the verge” of submitting a $24 million grant proposal to the government to help fund the organization’s mission.  According to this proposal, private companies would match the government donation by providing equipment such as laptops and desktops.  Connected Nation is also in the process of asking designated Internet service providers to offer their service at a large discount to eligible families for at least one year.  Together, these initiatives could enable families to buy computers for as little as $50 and broadband internet for $15 per month, said Connected Nation CEO Brian Mefford.  Details.

WCAI Seeks Member Input on Second Stimulus Funding NOFA
Now that the filing period for the first broadband stimulus funding NOFA is drawing to a close, WCAI has already begun to think about how the process can be improved for the second NOFA.  We are soliciting member input on what went wrong with the first NOFA and what might make the second NOFA better.  We intend to use this input to help us in formulating our advocacy strategy to improve the second NOFA.  Please email WCAI President Fred Campbell and WCAI Counsel Paul Sinderbrand with your comments and suggestions for improving the second NOFA by Aug. 27, 2009.

ARRA Filing Deadline Extended
The Aug. 14 application closing deadline for the Broadband Initiatives Program (BIP) and Broadband Technology Opportunities Program (BTOP) has been extended until 5 p.m. ET on August 20, 2009, for any electronic applications pending as of 5 p.m. ET on Aug. 14, NTIA and RUS announced Thursday on the Broadbandusa.gov website.  The agencies said they made no changes to the filing instructions for paper applications.  WCAI members that intend to take advantage of the extension are strongly advised to review the notice of the extension to make sure they are eligible.

RUS Releases Loan and Security Agreement
Applicants interested in reviewing the terms and conditions for accepting a loan/grant award under the RUS Broadband Initiatives Program (BIP) should refer to the Loan/Grant and Security Agreement, RUS said Wednesday.  “Applicants should review these terms and conditions to ensure they can enter into a contract with RUS,” it said.  “Applicants cannot modify this agreement, and must not submit a copy of this agreement as part of its application materials.  Should RUS award an Applicant with a loan/grant, RUS will transmit the Loan/Grant documents to Applicants at the appropriate time.” Details.

NTIA Clarifies Data Collection Requirements under Mapping NOFA
NTIA issued a clarification of certain data submission requirements that will be imposed on States (or other eligible applicants) who are awarded funds for broadband mapping under the NOFA for the State Broadband Data and Development Grant Program.  Both the wireline and wireless broadband industries had expressed concern to NTIA about these requirements, since they could require broadband service providers to give the States or their designees information that is either excessively granular, too prone to error or irrelevant to measuring broadband availability, without sufficient assurances that the information would be kept confidential.  The released document is the product of those discussions, and reflects agreement between industry and NTIA on a number of key points.

FCC Begins Sixth Section 706 Broadband Deployment Inquiry
The FCC launched its sixth inquiry for Congress into the state of broadband in the U.S. – an inquiry that this year is intertwined with the agency’s larger effort to create a National Broadband Plan.  In the Notice of Inquiry released last Friday, the Commission said it started “with a clean slate against a backdrop of statutory and policy changes.  Those changes include Congress’s requirement that the FCC develop a comprehensive National Broadband Plan by Feb. 17, 2010, that it improve its broadband data collection, and the Commission’s own efforts to collect broadband data on a more granular basis.” The 706 Report based on the inquiry must be delivered to Congress on Feb. 3, 2010. Comments and other materials received for the National Broadband Plan relevant to the inquiry will be incorporated in the upcoming 706 Report.  Comments are due Sept. 4, replies Oct. 2.  Details.

NTIA Releases FAQ on Broadband Mapping Clarification
NTIA released a list of questions and answers about its clarification of rules concerning state broadband data program.

WCAI Joins Industry Request to Modify Broadband Mapping NoFA
WCAI signed a letter from a group of industry associations and three largest providers of broadband service asking NTIA to make a number of important modifications and clarifications to the Broadband Mapping NoFA. Specifically, the group asked that the NoFA: (1) offer the alternative of seeking provider data at a different level of granularity; (2) require grantees to calculate advertised speed and “subscriber-weighted nominal speed” across a provider’s service or local franchise area, and reiterate that providers are not required to collect or report such data; (3) eliminate the requirement that awardees obtain data concerning points of network traffic aggregation and interconnection; and (4) eliminate any requirement on awardees to collect ARPU data. “If the agency is willing to implement these modifications, we would commit to encouraging the full cooperation of our companies and member companies in providing data to the state mapping awardees,” the group said.

RUS Definition of "Remote" to Remain Unchanged
The RUS has decided not to clarify or modify its definition of “remote area” -- part of the BIP criteria for receiving 100% grant support, as opposed to a grant/loan combination -- for the first round of grants and loans, according to TR Daily, which further reported: The joint NOFA released last month by RUS and NTIA for distributing the first tranche of broadband stimulus funds appropriated by the American Recovery and Reinvestment Act defines a remote area as an “unserved, rural area 50 miles from the limits of a nonrural area.”  The NOFA sets aside $400 million for grants that could support as much as 100% of the cost of BIP projects that will “exclusively serve remote unserved, rural areas,” but unserved nonremote rural areas support under BIP would drop down to 50% of project costs.

BIP-BTOP Professional Engineer Certification Requirements
WCAI members planning to apply for the broadband stimulus funds should be aware of two significant developments regarding the BIP-BTOP professional engineer certification requirements. First, the Version 2.0 of the BTOP application guide released last Friday provides that "for the purposes of BTOP, the certification must be from a professional engineer registered in any state irrespective of the location of the project(s).”  RUS has not released a revised application guide, and it appears that RUS is going to continue to insist that the certifying PE be registered in the state of the project.  Second, Friday's revised version of the FAQ and the new version of Attachment D to the broadband infrastructure application form provides some relief to professional engineers concerned that they were being asked to guarantee that the awardee would meet the required construction schedule.

MMTC Issues List of Minority Contractors for Broadband Stimulus Applicants
The Minority Media & Telecommunications Council has issued its initial list of minority broadband contractors it wants broadband stimulus money applicants to consider using, according to Multichannel News, which further reported: RUS has a built-in preference for small disadvantaged businesses (SDBs), though it is only one point out of a hundred, while the NTIA has a less defined preference, saying it will give "substantial consideration" to SDBs.  Details.

RUS Asked to Change Point System
Several organizations representing smaller telecommunications providers on Wednesday urged the Rural Utilities Service (RUS) to change the point-system used to evaluate Broadband Initiatives Program applications to give credit for the percentage of unserved households in a proposed service area, rather than for the raw number of unserved households.

Connected Nation Selected by Texas, Nevada for Broadband Mapping
Texas Agriculture Commissioner Todd Staples announced Monday an agreement between the Texas Department of Agriculture and WCAI member Connected Nation to create the broadband initiative Connected Texas.  The map "will illustrate broadband service availability at the street level, based on information from all types of providers across Texas" and "illustrate the service gaps that remain in rural and other remote locations," said Connected Nation.  Last week, the state of Nevada also selected Connected Nation for its broadband mapping needs.

WCAI’s Emerging Markets Committee to Hold a Call on Broadband Stimulus August 4
With the deadline for applying for the broadband stimulus funds rapidly approaching, WCAI Counsel Paul Sinderbrand will answer any last-minute questions WCAI members may still have on a conference call organized by the WCAI’s Emerging Markets Committee (EMC) next Tuesday, Aug. 4 at 4 pm ET.  The call is open to all WCAI members and is part of WCAI member benefits.  For more information or to join the EMC, please contact Susan Polyakova at susan@wcai.com.

RUS Provides Guidance on ARRA Environmental Issues
In response to a request by the WCAI’s law firm Wilkinson Barker Knauer seeking clarification of two environmental issues in order for applicants to be able to efficiently comply with the BTOP/BIP environmental requirements, the RUS this week clarified that: (1) Collocations are considered to be “[i]nternal modifications or equipment additions ... to structures or buildings" and therefore exempt from the requirement to file an Environmental Report.  (2) The undefined term “microwave facilities” found in 7 C.F.R. Section 1794.22(a)(7) was meant to encompass all RF facilities, thus requiring an applicant to file an Environmental Report, but not a more burdensome Environmental Assessment, if the new RF facility involved no more than five acres of disturbance.  The net effect of these responses is to reduce the environmental obligations inherent in proposing collocated facilities.  It will also have the unintended result of promoting collocation.  Although this is welcome news, WCAI members applying for the funds are still advised to begin preparing their Step Two environmental documents simultaneously with their preparations for a Step One application.

Document Posted at BroadbandUSA.gov on Department of Commerce Recovery Act Award Terms
The Department of Commerce Recovery Act Award Terms document is now available on the BroadbandUSA.gov website under the Important Document section here.  The document addresses reporting and registration requirements, Buy American provisions, wage rate requirements, and audit requirements among other issues.

OMB Issues Revised ARRA Lobbying Guidance
The Office of Management and Budget (OMB) has issued revised guidance for contacts with ARRA funding agencies.  According to OMB, “the prohibition on oral communications between Federal agency officials and federally registered lobbyists regarding specific Recovery Act projects that was contained in the earlier guidance has been clarified to apply to the stage and context where concerns about merit-based decision-making are greatest – during the period commencing after the submission of formal applications for, and up through awards of, competitive grants or other competitive forms of Federal financial assistance under the Recovery Act.  At the same time, the restriction has been expanded to cover, generally, all persons outside the Federal Government (not just federally registered lobbyists) who initiate oral communications concerning pending competitive grant or loan applications under the Recovery Act.”

BTOP FAQ: Not All Census Blocks Must Be Unserved, Underserved
Applicants for broadband funding under the Broadband Technology Opportunities Program (BTOP) and the Broadband Initiatives Program (BIP) need not demonstrate that each census block within the proposed funded service area is unserved or underserved, according to a “frequently asked questions” document posted at www.broadbandusa.gov and summarized by TR Daily.  Instead, applicants “must explain the methodology for determining that the proposed funded service area as a whole meets the eligibility criteria,” the FAQ document says. 

Nevada Names Connected Nation as Its Designated Eligible Entity for Broadband Mapping
Nevada Gov. Jim Gibbons notified the NTIA that WCAI member Connected Nation will serve as the state’s designated eligible entity under the State Broadband Data and Development Grant Program.  Connected Nation’s designation coincides with Gov. Gibbons’ creation of the Nevada Broadband Task Force, which is charged with identifying and removing barriers to broadband access and identifying opportunities for increased broadband applications and adoption in unserved and underserved areas of Nevada.  As the designated eligible entity, Connected Nation will serve as a resource to the Nevada Broadband Task Force as the group begins to address barriers to broadband access.  This relationship will include extensive broadband mapping, as well as support for other broadband stimulus grant applications that the state or broadband providers may choose to make.  Details.

RUS Chief of Staff Suggests Possibility of Only Two BIP/BTOP NOFAs
RUS Chief of Staff Lisa Zaina last Friday suggested a possibility of having only two BIP/BTOP NOFAs rather than the three that had been expected.  She also reportedly reiterated that RUS expected to soon release a revised definition of "remote."

BIP Map Incorrectly Represented Non-Rural Areas, Was Removed from Website
The "BIP Map of Non-Rural Areas" has been removed until further notice, as some of the non-rural areas were incorrectly represented, the RUS said on the BroadbandUSA website.  It asked potential applicants for the broadband stimulus funds to refer to the definition in the NOFA for which areas should be considered "rural areas," while it makes “critical enhancements to the map.”

RUS Posts Notice on ‘List of Materials’
The RUS posted notice that applicants for BIP funding are not required to purchase materials that are listed on the "RUS LIST OF MATERIALS Acceptable for Use on Systems of USDA Rural Development Telecommunications Borrowers - IP 344-2."  However, RUS did stress that it "strongly recommends that applicants utilize this list."

Groups Ask NTIA for NOFA Modifications
A group of foundations and groups, including the Benton Foundation, Public Knowledge, and Consumers Union representing “rural and urban constituencies, as well as municipal governments and public interest groups,” sent a letter to Larry Strickling of NTIA seeking modifications to the broadband stimulus NOFA.  The groups expressed “significant concerns” about the NOFA, requested a meeting to address their suggestions in detail, and urged NTIA to publish a clarification on these interpretations.  The letter makes specific recommendations, including: liberalizing the definition of underserved; waiving the requirement that an anchor institution needs to be in an underserved area to be funded; and allowing funding for middle mile projects that promote the other statutory purposes of BTOP.

Equipment Vendors Likely to Get Majority of Stimulus Dollars, Say Analysts
Broadband equipment makers stand to be among the largest beneficiaries of the $7.2 billion broadband stimulus, providing everything from fiber lines to wireless towers and giving the companies a much-needed boost in what was a slow last few months, reported Communications Daily, quoting analysts.  It continued: About $3.9 billion of the broadband stimulus funds, or between 50 and 60 percent, will go to pay equipment vendors, said analyst Catharine Trebnick of Avian Securities.

WCAI Releases Broadband Stimulus Report
The WCAI Broadband Stimulus Report is now available for download.  This comprehensive, free publication analyzes the broadband stimulus rules recently released by the National Telecommunications and Information Administration (NTIA) and Rural Utilities Service (RUS) and provides guidance on the grant application process.  The report also features case studies from some of the leading industry players and market analysis from key industry researchers.  WCAI has established itself as the lead advocate for utilizing the stimulus funds to achieve universal wireless broadband access in the United States.  The Association works closely with regulators at the NTIA and RUS to participate in the debate on how to best allocate the $7.2 billion available for broadband as part of the American Recovery and Reinvestment Act of 2009.  For more information, please visit our website: www.wcai.com.

NTIA/RUS Formally Release BIP/BTOP Applications and Application Guides
Potential applicants may now download applications for broadband stimulus funds available through the NTIA's Broadband Technology Opportunities Program (BTOP) and the RUS' Broadband Initiatives Program (BIP).  On July 31, applicants will be able to apply for a grant using an electronic intake system.  The use of this system is required for applicants requesting more than $1 million in assistance.  Deadline for application submissions is 5 pm ET on August 14, 2009.

NTIA Releases Paperwork Reduction Act Notice for BTOP
NTIA released a Paperwork Reduction Act (PRA) Notice, announcing that it received OMB approval for its BTOP data collection with an expiration date of January 31, 2010, pursuant to the emergency processing provisions.  Consequently, any comments submitted in response to the PRA Notice will be used only with respect to future requests, and will not impact the initial NoFA.  Nonetheless, the data collection requirements being imposed on BTOP applicants/awardees are significant.  Comments on the collection of information requirements for the BTOP NOFA are due August 31.  WCAI members who believe that WCAI should get involved in the proceeding should contact WCAI President Fred Campbell and WCAI Counsel Paul Sinderbrand.

RUS to Consider Clarifying Definition of ‘Remote’ for Broadband Grants
The RUS is considering whether it should clarify its definition of “remote area,” which is part of the criteria for receiving 100% grant support, as opposed to a loan or loan/grant combination, under its  Broadband Initiatives Program, reported TR Daily.  “If we do that, we will do it within next two weeks so that everyone has the same definition in hand” as applications are prepared, Cheryl Cook, the Agriculture Department’s deputy under secretary-rural development, told members of a House Agriculture subcommittee July 9.  Applications for the first tranche of broadband stimulus funds are due between July 14 and August 14.  WCAI Counsel Paul Sinderbrand circulated a comprehensive summary of the hearing to appropriate WCAI committees.

Hutchison Introduces Broadband Legislation
Sen. Kay Bailey Hutchison (R-TX), the ranking minority member of the Senate Commerce, Science, and Transportation Committee, has introduced the Connecting America Act of 2009 to, among other things, promote private investment in broadband by taking $1 billion from the NTIA BTOP program for tax credits and a Broadband America Bond program.  Details.

USDA Appoints Jessica Zufolo as RUS Deputy Administrator
USDA announced the appointment of Jessica Zufolo as deputy administrator of RUS.  She has served most recently as senior policy director-telecommunications, media and technology research for Medley Global Advisors, and also was the legislative director at the National Association of Regulatory Utility Commissioners.  In addition, Katie Yocum, who had been confidential assistant to Jonathan Adelstein at the FCC, was named confidential assistant at RUS.  Details.  In a related development, the Senate Agriculture, Nutrition, and Forestry Committee last Friday forwarded the nomination of Jonathan Adelstein to be RUS administrator to the full Senate.

U.S. Recovery Act: A WiMAX Windfall
WiMAX is so far the technology of choice for the companies seeking broadband stimulus funds to reach underserved areas in the United States, Unstrung finds.  The application period for the first $4 billion in broadband stimulus funds started Tuesday and will end on the evening of Aug. 14.  Doubtless, the list of companies that are applying will expand over the next month, but at the moment smaller WiMAX operators are the ones that have gone public with their desire for stimulus money.  These companies include WCAI member DigitalBridge Communications, ERF Wireless and TowerStream.  All three companies plan to bring WiMAX to areas of the country that are lacking in broadband if they get government stimulus money.  This potential additional WiMAX spending could prove to be lucrative for infrastructure vendors in an otherwise downbeat market.  In particular, WCAI member Alvarion, which is already a supplier of 3.65 GHz fixed and mobile WiMAX gear to both Towerstream and DigitalBridge, will benefit if some of these WiMAX projects get funded.  Details.

WCAI to Hold a Series of Calls on Broadband Stimulus
WCAI is planning a series of member-only conference calls as part of our ongoing effort to assist the members throughout the broadband stimulus application process.  The next call will be organized by the WCAI's Emerging Markets Committee (EMC) on Tuesday, Aug. 4 at 4 pm ET.  The call is open to all WCAI members and is part of WCAI member benefits.  For more information or to join the EMC, please contact Susan Polyakova at susan@wcai.com.

NTIA, RUS Hold a Workshop on ARRA Funding
NTIA and RUS held a Broadband Application Training Workshop on July 7 in the Washington, DC area to provide an overview of the NOFA and answer questions on how to apply for funding.  The workshop is the first of a series of training sessions that will occur across the country over the next few weeks.  Speaker presentations from the Workshop are available online.  Hard copies of the applications were released to workshop attendees, and a soft copy of the application is available online.  WCAI Counsel Paul Sinderbrand circulated a detailed summary of the workshop to appropriate WCAI committees.

BIP/BTOP Frequently Asked Questions Page Goes Live
The Frequently Asked Questions (FAQ) link at www.broadbandusa.gov has now gone live and can be accessed at http://broadbandusa.sc.egov.usda.gov/faqbb.htm.  WCAI members applying for broadband stimulus funds are advised to review that page often for updates.  “There is a substantial amount of misinformation circulating right now as people attempt to parse through what they are hearing at the various workshops being conducted by NTIA and RUS,” said WCAI Regulatory Counsel Paul Sinderbrand of Wilkinson Barker Knauer.  “My strong advice is to take what you are hearing with a very large grain of salt.”  He further recommended: “To the extent you do have a question that you need to have definitively answered, email it to btop@ntia.doc.gov and/or to bip@udc.usda.gov.  My experience to date is that you will get a solid, well-reasoned answer in a few days.”

NTIA Calls for Voluntary BTOP Reviewers
NTIA is soliciting volunteers to serve as panelists to evaluate grant proposals for the $4.7 billion Broadband Technology Opportunities Program (BTOP), an important part of the American Recovery and Reinvestment Act of 2009.  NTIA is accepting applications for its first round of BTOP grants from July 14 until Aug. 14 and will conduct panel reviews through at least the end of September. Details.

Adelstein Vows to Cut Waste if Confirmed as RUS Administrator
Jonathan Adelstein, President Barack Obama's nominee to head the U.S. Department of Agriculture's Rural Utilities Service, said Tuesday that the USDA "can't afford to waste a dime of taxpayer money" in distributing its $2.5 billion to fund high-speed Internet in sparse areas, reported Dow Jones.  It continued: One of Adelstein's chief responsibilities as head of RUS will be to run the agency's grant and loan program to fund broadband in rural America.  Senate Agriculture Committee Chairman Tom Harkin (D-IA) urged Adelstein to work with smaller towns or community organizations that might make mistakes in loan applications.  Adelstein shouldn't face difficulties getting confirmed in his new position, but he will take over a loan program rife with critics.  In the past, the USDA's Internet funding program has taken years to dole out much smaller amounts of money.  Details.

WCAI to Hold a Webinar to Examine NTIA/RUS Broadband Stimulus NoFA
WCAI will hold a member-only webinar on Wednesday, July 8 at 2 pm ET to analyze the broadband stimulus NoFA released by the NTIA and the RUS this week and brief the members on the next steps they need to take to apply for the broadband stimulus funds. Speaking on the webinar will be WCAI President Fred Campbell and WCAI Regulatory Counsel Paul Sinderbrand of Wilkinson Barker Knauer.  The event will be sponsored by WCAI member Airspan.  The webinar is open to WCAI members only and is free of charge.  For more information or to register, please contact Angela Wagner at angela@wcai.com.

WCAI Applauds Obama Administration for Releasing Broadband Stimulus Funds
Vice President Joe Biden on Wednesday announced the availability of $4 billion in loans and grants to bring broadband to unserved and underserved communities. This is the first of three rounds of funding NTIA and RUS will disburse under the American Recovery and Reinvestment Act of 2009, which provided a total of $7.2 billion to accelerate broadband deployment.  "On behalf of the wireless broadband industry, I applaud the Obama Administration for taking this critical step toward bringing broadband access to rural America," WCAI President Fred Campbell said in a blog post.  "As the only platform that provides access everywhere, all the time, wireless broadband is essential to achieving universal broadband connectivity, creating jobs and encouraging economic growth.  WCAI members are eager to begin the broadband stimulus application process and get to work building a better America." NTIA and RUS will be accepting applications for loans, grants and loan/grant combinations to be awarded by each agency under a single application form.  Vice President Biden also announced there will be public workshops jointly sponsored by the Commerce Department and USDA in July to inform prospective applicants about available funding and the application process.  Workshop locations are: Boston; Charleston, W.Va.; Minneapolis; Memphis, Tenn.; Lonoke, Ark.; Birmingham, Ala.; Billings, Mont.; Albuquerque, N.M.; and Los Angeles.  Applications will be accepted beginning July 14, 2009 through 5:00 p.m. EDT Aug. 14, 2009.  The complete details of this Notice of Funding Availability, the applications forms and application guidelines are available at www.broadbandusa.gov.

NTIA Unveils Program to Help States Map Internet Infrastructure
NTIA Wednesday announced details of a grant program to fund collection of state-level broadband data, as well as state-wide broadband mapping and planning, which will assist NTIA in creating a national broadband map.  “This program satisfies Congress’ mandate that we collect comprehensive information on broadband in America,” said NTIA Administrator Lawrence Strickling.  The State Broadband Data and Development Grant Program is a competitive, merit-based matching grant program that implements the joint purposes of the American Recovery and Reinvestment Act and the Broadband Data Improvement Act (BDIA).  The Program will provide approximately $240 million in grants to assist states or their designees to develop state-specific data on the deployment levels and adoption rates of broadband services.  These data, including publicly available state-wide broadband maps, will also be used to develop the comprehensive, interactive national broadband map that NTIA is required by the Recovery Act to create and make publicly available by Feb. 17, 2011.  Applications will be accepted through the online grants.gov system from July 14, 2009 until Aug. 14, 2009.  Details.

NTIA, RUS Grant Waiver of ARRA Buy American Provisions
The NTIA released a document, waiving the "Buy American" provisions of the American Recovery and Reinvestment Act of 2009 as they would apply to certain broadband equipment used in BTOP-funded projects.  The waiver extends to: broadband switching equipment, broadband routing equipment, broadband transport equipment, broadband access equipment, broadband customer premises equipment and end-user devices, and billing/operations systems.  The waiver does not extend to fiber optic cables, coaxial cables, cell towers, and other facilities that are produced in the United States in sufficient quantities to be reasonably available as end products.  Separately, the RUS released its own Buy American waiver, which largely mirrors the NTIA's BTOP notice.

FCC To Seek More Public Input on Broadband Plan
FCC Chairman Julius Genachowski signaled that the Commission would host national discussions across the country as well as online, on the National Broadband Plan, which the FCC must present to Congress by Feb. 17, 2010, reported Broadcasting&Cable.  The FCC is currently receiving written public comment on the plan through July 21.  Details.

FCC Provides Update on Status of National Broadband Plan Development
The FCC held a meeting today, providing a presentation on the status of the Commission's work on developing a national broadband plan, which the American Recovery and Reinvestment Act requires the agency to deliver to Congress by next February.  The Commission also addressed the DTV transition, which was completed earlier this month.

FCC Grants WCAI Request to Reduce Upfront Payments, Minimum Bids for BRS Auction
The FCC released its Public Notice announcing the procedures for the upcoming BRS white spaces auction scheduled to begin on Oct. 27, 2009.  As WCAI requested, the FCC agreed to reduce both the upfront payment and minimum bid amounts based on the affected license's level of incumbency.  The Commission also established the following critical dates for the auction: Aug. 5 -- auction seminar; Aug. 5-18 -- short form application filing window is open; Sept. 24 -- upfront payments are due; Oct. 23 -- mock auction; Oct. 27 -- auction begins.  The procedures are largely those proposed by the Commission in the initial Public Notice.  Most significantly, the agency rejected the request to change the substantial service requirement, and thus the substantial service test will have to be completed by auction winners no later than May 1, 2011.

WCAI to Host a Webinar to Examine NTIA/RUS Broadband Stimulus NOFAs
With the NTIA/RUS broadband stimulus NOFAs expected to come out by the end of this month, WCAI is planning a member-only webinar to provide the decision’s analysis and brief the members on the next steps they need to take to apply for the broadband stimulus funds. Further details will be announced once the NOFAs are released.

WCAI President Delivers Keynote Address on Broadband Stimulus at Virtual Trade Show
WCAI President & CEO Fred Campbell delivered the keynote address, entitled Making the American Recovery and Reinvestment Act Work for You, during a virtual trade show organized by WCAI board member TESSCO Technologies Thursday afternoon.  Mr. Campbell discussed the basic who, what, when, and where questions behind broadband stimulus funding, using the bulk of his speech to discuss strategies of how to successfully apply for funding.  The importance of public institution partnerships in NTIA applications and providing long-term sustainable broadband services to rural areas for RUS applications were highlighted, followed by tips on how businesses can begin to prepare before the NOFAs are released.  Mr. Campbell recommended developing plans now that take into account as many stimulus goals as possible, securing necessary approvals, exploring a public institution partnership, and exploring state-level support for the envisioned projects.  This video of the speech will be available for replay starting June 26 at the TESSCO Technologies virtual trade show. Register here at no cost, and visit the “auditorium” to view Mr. Campbell’s speech, or read the text on the WCAI website.

OMB Releases Guidance on ARRA Reporting Requirements
The White House Office of Management and Budget has released a revised guidance setting forth the reporting requirements that will be imposed on those receiving BTOP and RUS funding under the American Recovery and Reinvestment Act of 2009.  The OMB guidance directs the funding recipient to file quarterly information that includes the total funds received and spent; the names of organizations assisting with a project and the amount paid to each; a list of projects, including location and completion timelines; and jobs associated with each project.  Additionally, if a vendor is paid more than $25,000 in connection with a project, the prime recipient needs to report the vendor’s name, how much was paid, and what services the vendor rendered.  The guidance provides detailed rules and procedures regarding the reporting requirements, and should be carefully reviewed by potential applicants for funding.  OMB also announced a new web portal, FederalReporting.gov, that will serve as "a one-stop-shop" for funding recipients to provide their funding information.

WCAI, Others Send Joint Association Letter to NTIA Regarding BTOP Implementation of NEPA
WCAI and several other communications trade associations filed a letter with NTIA, urging the agency to avoid adopting unnecessarily burdensome procedures in its implementation of the National Environmental Policy Act and other environmental legislation under the BTOP. Specifically, the associations asked NTIA to establish a categorical exclusion for all BTOP applications that propose facilities subject to the environmental requirements of the FCC, so long as the application includes a certification by the applicant that it will comply with the FCC’s requirements prior to commencing construction. The letter was signed by WCAI, CTIA, ITTA, PCIA, RCA and RTG.

NTIA Official: BTOP Applicants Should Look to Work with Other ARRA Projects
In developing rules to govern the application and selection process for the Broadband Technology Opportunities Program, the NTIA is hoping to see “projects that will show us the way forward for the future” and is also hoping to encourage applicants to coordinate broadband projects with other economic stimulus projects under the American Recovery and Reinvestment Act, according to TR Daily, which continued: Mark Seifert, senior adviser to the NTIA administrator, said that NTIA is “looking out across the government and seeing where stimulus money is being spent” and is “going to try to encourage and incentivize” applicants to coordinate with those areas.  For example, he said, it would be cheaper to coordinate with highway projects to install broadband facilities while roadwork is being done, or to install in-home wiring for broadband as part of Housing and Urban Development refurbishment and rehabilitation projects. 

NTIA, RUS Working toward Single Stimulus Application
The NTIA and the RUS will share an application form for the $7.2 billion broadband stimulus, Mark Seifert, a senior advisor to the assistant secretary at the NTIA said, according to Communications Daily.  It further reported: Seifert said the agencies are trying to “simplify” the process and “make it easier on consumers.”  A “one-stop application process would be a major achievement,” he said.

FCC Seeks Comment on Possible Elimination of Rules Adopted in 1998
Consistent with its obligations under the Regulatory Flexibility Act, the FCC on Wednesday published a Public Notice soliciting comment on the possible elimination of certain rules that were adopted in 1998.  Under the Act, the FCC is to evaluate these rules to determine whether they are still necessary.  The rules up for review this year include all of Part 1, Subpart F (which sets forth procedural rules for all Wireless Radio Services), some equipment authorization rules, and a variety of other rules that may be of interest.  While some of these rules are the subject of consideration in other proceedings and unlikely to be addressed here (like the USF rules), and others have recently been the subject of detailed review (the 700 MHz rules), others are fair game for consideration.  Comments are due 60 days from Federal Register publication.  WCAI members are encouraged to review the Public Notice carefully, and alert WCAI President Fred Campbell and WCAI Counsel Paul Siderbrand by July 14 to any rules that WCAI might want to consider asking the FCC to eliminate or revise. 

House to Vote on Broadband Loans Bill
The House is expected to vote after the July 4 recess on an appropriations bill, HR-2997, that calls for $400 million for broadband loans, according to Communications Daily. The broadband funding is in the fiscal 2010 agriculture spending bill, which the Appropriations Committee approved last week.

Winter Could Blunt Broadband Stimulus in Some States
The effect of the $7.2 billion broadband stimulus package could be reduced by bad weather in some places -- unless the NTIA and the RUS take shortened construction seasons into account in their notice of funding availability, reported Communications Daily.  Completing broadband projects within two years, as required, is difficult in states such as Alaska and Vermont.  That could hold back a program pushing for “shovel-ready projects,” efficiency and speedy job creation.

U.S. Wireless Players Getting Ready to Apply for Broadband Stimulus Funds
Carriers and communications system makers are gearing up to apply for the broadband stimulus grants and loans, some of which will be awarded as early as September, reported EE Times.  It continued: "We believe the stimulus funding in the U.S. and other programs around the world will provide a bump to WiMAX adoption," said Kevin Suitor, vice president of marketing at WCAI member Redline Communications.  The process of awarding the funds is relatively complex.  A Notice of Funds Availability (NOFA) expected as early as June 26 could be the first of three calls for proposals, said WCAI Counsel Paul Sinderbrand of Wilkinson Barker Knauer.  "To some extent this is a game, and when we see the criteria with the first NOFAs we will better know how to play the game to get the highest scores," Sinderbrand said.  Details.  WCAI’s Broadband Financial Committee will hold a call on Wednesday, June 24 at 4 pm ET to provide guidance and useful tips to our members on what it takes to form a successful partnership when applying for broadband stimulus funds.  For more information or to join the Committee, WCAI members should contact Susan Polyakova.

FCC Releases 10 Decisions Resolving BRS and EBS Licensing Disputes
FCC on Tuesday released a series of 10 decisions resolving dozens of BRS and EBS licensing disputes.  The decisions involve a variety of fact patterns and rely on procedural rulings that are likely to have applicability far beyond this week’s decisions.  The most far-reaching of the decision is a Memorandum Opinion and Order, which addresses 116 late-filed applications for renewal of EBS licenses and 54 late-filed applications for additional time to construct EBS licenses.  The grounds cited for failure to timely file ran the gamut from changes in personnel, to failure to monitor, to lessee bankruptcy, to failure to receive a notice from the Commission.  The FCC made clear that none of these were sufficient grounds to justify a waiver.  Nonetheless, the agency granted the requested relief from the late-filed renewal applicants on the ground that there are unique or unusual factual circumstances present that would make it inequitable to apply the rules.  WCAI Counsel Paul Sinderbrand circulated a comprehensive summary and analysis of the decisions to appropriate WCAI committees.

Agriculture Department Inspector General Criticizes RUS Broadband Program
Inspector General of the Department of Agriculture Phyllis Fong yesterday delivered a testimony before the House Committee on Agriculture's Subcommittee on Rural Development, Biotechnology, Specialty Crops and Foreign Agriculture. The testimony focused on oversight of funds provided to the Department for rural development under the 2009 American Recovery and Reinvestment Act, including RUS funding for broadband. "As structured, RUS' broadband program may not meet the Recovery Act's objective of awarding funds to projects that provide service to the greatest number of rural residents who do not have access to broadband service," Fong said. In light of those concerns, she reported that "we are coordinating with both the Government Accountability Office (GAO) and the Department of Commerce (DOC) OIG."

NTIA BTOP Application Review Process
The Commerce Department has posted details on contracting for outside assistance in evaluating BTOP applications: http://tinyurl.com/mt3yxt. The posting suggests that NTIA will be taking a hard look at the details of each applicant's business plan and that one's demonstration of viability, feasibility, and sustainability will have to withstand a meaningful level of scrutiny.

Vilsack: Broadband Program Will Target Unserved Areas, Offer Simple Process
The process under which parties can apply for broadband stimulus funds under the American Recovery and Reinvestment Act should be set by the end of this month, which should enable the first round of funding to be distributed this fall, Secretary of Agriculture Tom Vilsack told lawmakers today, according to TR Daily.  Vilsack testified before the Senate Appropriations Committee's Agriculture, Rural Development, Food and Drug Administration, and related agencies subcommittee, which held a hearing on the Department of Agriculture's proposed fiscal year 2010 budget.  He said the agency planned to move "in a streamlined way."  "We won't have separate applications," he said.  "There will be one application, one process.  We will make it as easy as possible" for applicants.  Congress has made clear that it wants most of the money targeted to unserved areas, Vilsack noted.  To that end, it "is our intent" to direct "at least 75% to unserved rural areas," he said.  Vilsack also promised a "comprehensive approach" that will provide flexibility to meet the varying needs of different parts of the country.  "In some parts of the country, it may be more important that we fund the 'middle mile,'" he said.  "In some areas, it may be the last mile that's most important."

K Street, Watchdogs Praise New Lobbying Rules
Lobbyists and government watchdogs applauded revisions made by the White House last Friday to lobbying restrictions on stimulus funds, according to The Hill, which continued: After completing a 60-day review, the administration modified the rules to extend a speaking ban not just to lobbyists but to others who contact government officials about specific stimulus projects.  But that ban only occurs now after a grant application has been filed for the project.  Those interested in the project have to file their views in writing with administration officials, which will then be disclosed on the Internet.  All contacts with lobbyists will still have to be disclosed.  Details.

CTN Files Proposal on Licensing EBS White Space
The Catholic Television Network has submitted a proposal to the FCC on how EBS white space should be licensed.  The proposal calls for a three-phase licensing system that favors local EBS eligibles (not necessarily existing licensees).and is designed to spread available spectrum among many licensees without auctions.  Reacting to the proposal, Todd Gray, counsel to the National EBS Association (NEBSA), told TR Daily he agreed with CTN “that we’re just not going to be able to achieve a consensus, and the Commission needs to move forward and decide this on its own.”   However, he said that NEBSA continues to support a regime in which incumbent licensees’ GSAs are maximized to include white space spectrum.  The more than 200 licenses that would still be available after that process should be available for application.  In cases where mutually exclusive applications can’t be resolved, the FCC would have to auction the spectrum, the group has said.  He added that if the Commission seems inclined to adopt the CTN proposal, NEBSA would “like to offer a couple of suggestions how it might be modified to make it more palatable to . . . a greater portion of the EBS community.” 

States Offer Help to Speed Broadband Stimulus Funds Release
NTIA and RUS should rely on states as consultants to speed review of proposals and release of broadband stimulus funds, the National Association of Regulatory Utility Commissioners (NARUC) said, according to Communications Daily. "The states can facilitate this review process and perhaps allow both agencies to release funds much sooner ... without state assistance, even with the current schedule, it will be almost impossible to efficiently review the anticipated thousands of applications most predict both will receive, much less rank the proposals according to ARRA-specified criteria, disburse the funds, and monitor grant specific implementations," NARUC said in a letter to the FCC, and the Agriculture and Commerce Departments.

FCC Chairman Copps Releases Report on Broadband Strategy for Rural America
As required by the 2008 Farm Bill, Acting FCC Chairman Michael Copps Wednesday released a report on rural broadband to provide "a starting point for the development of policies to deliver broadband to rural areas and restore economic growth and opportunity for Americans residing and working in those areas."  The report seeks to identify problems affecting rural broadband deployment and offer some recommended solutions.  According to Communications Daily, the report mentioned wireless 123 times, suggesting that efforts to build out wireless service in rural America have been a mixed bag at best.  The report recommends that the FCC undertake a "thorough inventory" of all the spectrum it has licensed.  Where the spectrum is being used ineffectively, the report recommended possible fixes, including possible modifications to secondary markets rules. Government websites should be used to enhance coordination, the report said. The FCC site, as well as the commission and Agriculture Department’s “Broadband Opportunities for Rural America” site, should be expanded to include links to all federal government programs related to rural broadband, it said.  To better assess U.S. broadband needs, the FCC should collect more data on availability and subscribership, speeds, prices, demand and infrastructure, Copps said.  The agency and the administration should continue efforts to coordinate broadband mapping efforts, he said. To spur demand, government and private companies should develop consumer education and training and establish broadband affordability programs, Copps said.

NTIA Delivers Broadband Stimulus Update to Congress
NTIA last week delivered to Congress an update on the Broadband Technology Opportunities Program (BTOP) created in the American Recovery and Reinvestment Act.  The report focuses on initial procedural and administrative steps NTIA took to launch BTOP in compliance with the Act's requirements. In addition to a tentative timeline, the report sets forth NTIA's key activities over the past 90 days aimed at ensuring a prompt and effective implementation of the grant program: (1) program kickoff in cooperation with other Federal agencies and the States; (2) public outreach and participation; and (3) enhancing transparency and accountability.

Analyst: Wireless Sector Will Reap Huge Benefit from $6.8 Billion Stimulus Bill Funding
The American Recovery and Reinvestment Act (ARRA) will provide funding for a massive $6.8 billion worth of wireless communications upgrades and new deployments over 2009-2010 and offers a significant one-off opportunity for wireless equipment vendors, according to a new study from ABI Research.  “The ARRA represents a windfall for wireless service providers as well as for satellite service providers,” comments vice president Stan Schatt. “It will have an enormous impact on Wi-Fi and wireless broadband vendors. It will also immediately benefit a number of specific vertical industries including healthcare, education, homeland security, the environment, and the nation’s electricity infrastructure.” The ARRA provides $7.2 billion for broadband grants and loans.  Details.

Draft FCC Order Would Extend BAS Relocation Deadline Until 2010
An item circulated by acting FCC Chairman Michael Copps last week would grant a request by Sprint Nextel and several broadcasting entities to extend until February 2010 the deadline for the relocation of broadcast auxiliary service (BAS) licensees to spectrum above 2025 MHz, TR Daily reported citing agency and industry sources.  The item also would grant the request of mobile satellite service (MSS) licensees to eliminate a rule that prohibits them from offering service until the top 30 markets have been cleared of BAS licensees and until all fixed links have been relocated.  Contentious issues regarding cost sharing for the relocation would be considered in a further notice of proposed rulemaking.

Senate Commerce Committee Confirms Strickling and Chopra
The Senate Commerce, Science and Technology Committee Wednesday voted unanimously to recommend confirmation of Lawrence Strickling as NTIA Administrator and of Aneesh Chopra as associate director of the White House Office of Science and Technology Policy, where he would also serve as the nation’s first chief technology officer.  Full Senate confirmation is generally considered a certainty, but the timing of a Senate vote is unknown.  Strickling and Chopra pledged to work to make broadband Internet service more accessible during a Senate Commerce Committee confirmation hearing Tuesday, according to TR Daily, which further reported:  Former FCC Common Carrier Bureau Chief Strickling said that during his 25 years in the communications sector, he learned that “advances in communications can improve the competitiveness of all American businesses” in every part of the economy, that “this growth and innovation is possible only if there is capital available for both incumbents and entrepreneurs to commercialize their ideas,” and that “we must do everything we can to ensure that all Americans have access to modern communications services.”  Virginia’s secretary of technology Chopra said that if confirmed, he would work “to execute the president’s vision for a 21st century economy,” which would include making “broadband more abundant.”  In response to the only question he was asked during the hearing, Strickling told Sen. Kay Bailey Hutchison (R-TX), the committee’s ranking member, that the digital TV transition would be his “highest priority” as NTIA chief, although the June 12 deadline is less than a month away.

WCAI Urges FCC to Modify BRS Auction Procedures
The WCAI submitted comments to the FCC last Friday urging important adjustments to the competitive bidding procedures proposed by the agency for the auction of BRS licenses scheduled for Oct. 27, 2009.  Given wide variation of incumbency within each of the licenses marked for auction, WCAI urged the Commission to adjust the set upfront payment and minimum opening bid amounts to reflect this variation, proposing new formulas to calculate these rates.  WCAI also called on the FCC to remind bidders of expected issues related to the 2.5 GHz band plan transition, such as reimbursement obligations and potential delays in utilizing the spectrum in markets where the transition is not complete.

NTIA, RUS Release ARRA Funding Schedules
Last Friday, the Departments of Commerce and Agriculture submitted to the Office of Management and Budget additional information on how NITA and RUS will be awarding the American Recovery and Reinvestment Act funds under their control.  OMB has now posted that information, and it is available for review here.  The reports provide additional details regarding the planned implementation of both programs and should be must reading for potential applicants.  The key takeaways from both agencies are the schedules and milestones they say they anticipate meeting.  NTIA has reported that it anticipates meeting the following milestones: March – June 2009 – procurement for grants program assistance services; June 2009 – award contract for grants program support; April – June 2009 -- preparation for initial solicitation for proposals; June 2009 – publish notice of funds availability; Sept – Dec. 2009 – initial proposal processing and review; December 2009 – initial grant awards made; Oct – Dec 2009 – second solicitation for proposals; April – June 2010 – third solicitation for proposals; September 2010 – all awards to be made.  RUS, meanwhile, has reported that it anticipates meeting the following milestones: June 12, 2009 – procure contractor for implementation, administration and oversight assistance; June 2009 – publish a NOFA for first round funding; end of FY 2009 or first quarter of FY 2010 – initial awards.  Additional NOFAs to follow with awards anticipated in the 2nd-4th quarters of FY 2010.

Cooperation, Partnerships Urged in ARRA Grant Process
Larry Atlas, senior adviser at NTIA, this week reiterated that broadband stimulus fund applications highlighting public-private partnerships will be favored, especially applications that are “truly multi-purpose,” according to TR Daily.  “We’re looking for the most ‘bang’ for our $7.2 billion,” he said.  Atlas assured that NTIA is on track to issue rules for the application process no later than June 30.  Soon after that, NTIA will open a grant application window, which will last for 90 days or less, he said.  Judging from the fact that NTIA received more than 1,600 comments regarding the application process, Atlas said he is expecting the agency to be bombarded with applications.  Referring to the concern some expressed that the grant funds may not be released until at least December under the timeline NTIA is working with, Atlas said, “It doesn’t make any sense to have great rules and then give people only 15 days to fill out applications because they won’t have enough time to comply with all the rules.”  Regarding the state role in the application and approval process, he said that the NTIA has already been consulting with state governments and regulators.  States will play a “significant role” in defining and identifying unserved and underserved areas, he said.  Atlas added that states may play a role in evaluating applications, but how much of a role and in what areas state input would make the most sense will be clearer when the actual rules are released.

FCC Seeks Comment on Request for Waiver of 2.5 GHz Band Transition Rules
The FCC's Wireless Bureau has released a Public Notice seeking comment on a request by Oklahoma Western Telephone Company for waiver of certain 2.5 GHz band transition requirements applicable to its operations in Pushmataha County, OK.  Comments are due June 2, replies June 12.

FCC Releases NPRM on 2009 Regulatory Fees
The FCC today released a Notice of Proposed Rulemaking soliciting comment on its proposed regulatory fees for 2009.  Comments are due June 4, replies June 11.  WCAI members are encouraged to review the proposed fee schedule and notify WCAI President Fred Campbell or WCAI Regulatory Counsel Paul Sinderbrand if anything appears problematic.

Boucher Calls for Quick Spending, Coordinated Rulemaking on ARRA
Congressman Rick Boucher, Chair of the House Energy Committee's Subcommittee on Communications, Technology, and the Internet, called for rapid disbursement of the funds pegged for broadband build-out by the American Reinvestment and Recovery Act, according to an article published by Pike & Fischer.  It continued: Speaking at an event hosted by Broadband Census on Tuesday, Boucher said, "The key overriding objective is that the funds be spent in the short term, and for the right purposes."  Boucher called for inclusion of private sector entities in the stimulus disbursement scheme.  "We want private sector providers applying for these funds, because they have the expertise and the track record to do this well, and to do it soon," he said.  Eagerly anticipating rules defining the parameters of the grant programs entrusted to the NTIA and the Rural Utilities Service by the ARRA, Boucher called for coordination of regulations by the two agencies.  "The standards set out by the two agencies should be complementary," he said. 

Alcatel-Lucent Offers Assistance to Broadband Stimulus Applicants in U.S.
WCAI member Alcatel-Lucent announced its “Broadband for All” program in the United States that provides advisory services to help telecommunications companies, municipalities and developers apply for broadband stimulus funds as part of the American Recovery and Reinvestment Act (ARRA) of 2009.  The Act provides $7.2 billion in grants, loans and loan guarantees to unserved and underserved rural areas.  The services Alcatel-Lucent offers include funding application preparation, technology consulting, and "advocacy with the key stakeholders and agencies."  Details.  Separately, IBM said it’s making $2 billion in loans available for projects that will be supported by federal stimulus spending, according to Communications Daily.  Organizations of all sizes “looking to implement technology projects consisting of a majority portion of IBM hardware, software and technology services components” are invited to apply for the money, the company said.  Applicants for federal broadband money are required to put up at least 20% of a project’s capital costs, putting stimulus out of the reach of many start-ups.

Government Agencies Take Steps to Prevent Broadband Stimulus Fraud
The Justice Department's Antitrust Division will work with inspectors general from the Commerce Department and the Agriculture Department to prevent and identify collusion and fraud as the $7.2 billion in federal broadband stimulus funds are distributed, according to Communications Daily, which further reported: The Division will train grant officials and others to identify the "red flags of collusion" before funds are given out, and will investigate and prosecute those who defraud the government.   

Sean Maloney Touts Role of Wireless Broadband during Opening Speech at WCAI’s Summit
Sean Maloney, executive vice president and chief sales and marketing officer at Intel Corporation, gave the opening keynote address at the WCAI’s Wireless Policy Summit in Washington, DC this week, demonstrating the leading role that wireless broadband platforms can play in fulfilling the purposes of stimulus funding and achieving universal broadband connectivity.  As reported by TR Daily, Mr. Maloney said more than 50 different nations are pushing economic stimulus plans worth about $3.5 trillion, with broadband and information technology making up one of the eight industries targeted in such packages.  In emerging markets, he said, about $51 billion has been committed to broadband deployment in about the past six months.  Mr. Maloney said that a number of other nations are focusing on spurring demand, including China, India, and Australia.  Among their actions are providing subsidies and tax rebates to buy computers.  He also touted the potential of wireless broadband services, especially using WiMAX, and emphasized the need for “big, fat chunks of spectrum” to meet the growing use of data-intensive applications.  He stressed the time-to-market advantage of WiMAX over LTE technology and said that about 430 million people worldwide are currently reached by WiMAX signals.  The goal is to increase that penetration to 1 billion by 2012, he said.  He also said that while fiber deployment is useful, wireless services can be deployed 20 times more cheaply in rural areas.  “There is a huge need for fiber, there’s no question,” Mr. Maloney said.  “But the last mile, we need mass produced broadband wireless.

Wireless Broadband Said to Be Ideal Candidate for Stimulus Funding
Wireless broadband entities are ideally situated to receive a portion of the $7.2 billion in broadband stimulus funding, government and industry representatives said during the WCAI’s Wireless Policy Summit covered by TR Daily.  It continued: “Congress has realized that wireless has to be part of the solution,” said Alex Hoehn-Saric, Democratic communications counsel on the Senate Commerce, Science, and Transportation Committee.  “We have an unprecedented opportunity,” said Kelley Dunne, CEO of DigitalBridge Communications and WCAI Director.  He said broadband deployment in rural areas that his company has done provides “the role model” for the rest of the country.  Panelists also stressed the need for the government to get more spectrum out to the market.  “There’s enormous cost in delay,” said Peter Pitsch, executive director-communications policy and associate general counsel of Intel.  Mr. Pitsch and Sean Maloney, executive vice president and chief sales and marketing officer for Intel, called on NTIA and the Rural Utilities Service to devote about $1 billion of the $7.2 billion in broadband funding to stimulating demand for broadband services.

NTIA, RUS Officials Provide Further Broadband Stimulus Details at WCAI’s Summit
Representatives of NTIA and RUS told WCAI’s Wireless Policy Summit attendees that they plan to issue a coordinated notice of funding availability (NoFA) -- the first of what is expected to be three rounds of funding -- this summer. As reported by TR Daily, David Villano, assistant administrator-telecommunications programs for rural development at the U.S. Department of Agriculture, said he expects the NoFA to be published by late June.  Bernadette McGuire-Rivera, associate NTIA administrator-Office of Telecommunications and Information Applications, said only that the NoFA would be out this summer.  She said the agencies would hold a series of workshops and webinars to provide technical assistance to potential applicants after the document is released.  Mr. Villano said officials haven’t decided how long to give entities to apply for funds, but he said RUS usually gives parties 60 to 90 days to do so.

House Democrats Press for Underserved Funding
A group of seven Democratic members of the House Energy and Commerce Subcommittee on Communications, Technology, and the Internet have written to the NTIA, RUS and FCC reminding the agencies that underserved areas in non-rural areas are to be fairly considered in the grant-making process.  The seven are Representatives Edward Markey (D-MA), Doris Matsui (D-CA), Bobby Rush (D-IL), Michael Doyle (D-PA), Diana DeGette (D-CO), Kathy Castor (D-FL), and Donna Christensen (D-V.I.).  Details.

Broadband Funding Hopefuls Pair Up in Search of Stimulus Dollars
Stimulus-funding hopefuls are in talks about how they can pair up on grant proposals, reported the Wall Street Journal. It continued: WCAI member Connected Nation said last week it had teamed up with the Communications Workers of America and the Atlanta-based nonprofit Alliance for Digital Equality in hopes of winning some of the $250 million set aside in the stimulus legislation for encouraging broadband usage.  Separately, the National Rural Telecommunications Cooperative recently announced a deal with WCAI member DigitalBridge Communications.  The rural utilities cooperative is pouring $10 million in funding into DigitalBridge in hopes that the company will help its members offer more wireless broadband services in rural areas — and potentially win some of the broadband stimulus funding.  Administration officials haven’t offered many details about how they’ll judge which applications to fund, but they have said they’re looking for projects that bring private industry and public organizations together to increase broadband availability and usage.  Details.

Rural Broadband Growth Better Than Urban
Growth in broadband deployments slowed for all telecom service providers in 2008, but rural telecom service providers had slightly better sequential growth than their urban counterparts, reported TelephonyOnline. In addition, rural telcos are losing access lines more slowly, according to a new research from Pivot Media.  The report also found that across the industry, broadband deployments are weathering the economic downturn.  "We may have seen the worst of the recession's impact on broadband," said Bernie Arnason, founder and managing partner of Pivot Media.  "It's early to say that firmly, but that is one conclusion you might draw."  Details.

FCC Schedules Auction of BRS Licenses
The FCC announced that on October 27, 2009 it will commence an auction of 78 BRS geographic area licenses.  75 of these will be overlay licenses for BTAs that were initially issued in 1996, but for which the license was subsequently cancelled or forfeited.  Three will be for the new Gulf of Mexico service areas that the FCC established with its 2008 order.  The FCC indicated that the licenses will be issued pursuant to the post-transition 2.5 GHz bandplan, but did not address how a BTA will be transitioned to that bandplan if no proponent-driven transition is already underway.  The agency also sought input on the usual variety of issues associated with auction procedures -- the use of the simultaneous multiple-round auction design, whether to employ anonymous bidding, the bidding process, the stopping rule, activity and eligibility rules, etc.  It also sought comment on the proposed method for calculating upfront payments and minimum opening bids -- $0.01*MHz*BTA population, with a minimum of $20,000 per license.  Comments are due May 15, replies May 29. 

Registration Required for ARRA Grants
Applicants for ARRA broadband stimulus grants are required to register at www.grants.gov.  If an ARRA applicant is already registered as a result of prior grant requests under other programs, it need not re-register.  Registration can commence immediately.  Prior to starting the registration process, WCAI members applying for the grants are recommended to review the on-line tutorial, the registration checklist, and the registration user guide.  Potential filers will have to identify the entity that will actually seek the grant.  “Whether to use an existing parent company, an existing operating or non-operating subsidiary, or a new entity is a complex question,” said WCAI Counsel Paul Sinderbrand.  “The answer likely will depend on a variety of considerations, including corporate structure, tax implications and potential impact on the prospects for receipt of an ARRA grant.”  Mr. Sinderbrand will address this and other issues related to the application process during the WCAI’s Broadband Financial Committee meeting on May 6 held as part of the WCAI’s Wireless Policy Summit in Washington, DC.

First Round of Stimulus Funding Unlikely to Require State Mapping, Rohde Says
NTIA probably won't make state mapping a prerequisite for the first round of broadband stimulus funding, said former NTIA Administrator Greg Rohde according to Communications Daily.  It further reported: Rohde, who now works with a telecom consulting company e-Copernicus, said he would not be surprised if the agency required mapping for its second or third rounds of funding.  The funding, which will be given out in three rounds, is expected to begin this summer following a Notice of Funding Availability.  An earmark of $350 million in stimulus funds is designated for mapping.

SBA Approves BRS Small Business Definition
The Small Business Administration has given its approval to the FCC's 2008 decision to define a "small business" for BRS auction purposes as one with attributable average gross revenues for the preceding three years not exceeding $40 million, a "very small business as one with attributable average annual gross revenues for the preceding three years not exceeding $15 million and an "entrepreneur" as one with average gross revenues not exceeding $3 million for the preceding three years.  Based on these definitions, the FCC decided that in the upcoming BRS auction it will provide small businesses with a bidding credit of 15%, very small businesses with a bidding credit of 25%, and entrepreneurs with a bidding credit of 35%.

OMB Publishes Guidance on Implementing the American Recovery and Reinvestment Act
The Office of Management and Budget has published the "interim final guidance" and standard award terms for agencies to include in financial assistance awards (namely, grants, cooperative agreements, and loans) as part of their implementation of the American Recovery and Reinvestment Act of 2009. Under the interim final guidance, agencies would use the standard award terms in their financial assistance awards to require recipients and subrecipients (first-tier that are not individuals) to maintain current registrations in the Central Contractor Registration (CCR) database; to require recipients to report quarterly on project or activity status, subgrant and subcontract information; to notify recipients of the domestic sourcing (Buy American) requirements that apply to certain iron, steel and manufactured goods; to notify recipients of the wage rate requirements that apply to certain projects; and to ensure proper accounting and reporting of Recovery Act expenditures in single audits.  Details

DigitalBridge Announces Strategic Investment to Support Expansion of Rural Broadband
WCAI member DigitalBridge Communications (DBC) announced that it has raised an additional round of equity financing, including an investment from the National Rural Telecommunications Cooperative.  By combining capabilities, NRTC members and DigitalBridge will be able to rapidly deploy affordable, next-generation services to large parts of rural America.  “I can’t think of a better partner for DBC at this stage of our growth,” said Kelley Dunne, CEO of DigitalBridge and WCAI Director.  “NRTC brings an unparalleled local presence in rural America that will greatly accelerate our ability to deliver innovative, 4G wireless services to the communities that need it the most.”  Details.

WCAI's Emerging Markets Committee to Hold Semiannual Meeting May 6
WCAI's Emerging Markets Committee will hold its semiannual meeting at 1-2 pm on May 6 as part of the WCAI’s Wireless Policy Summit in Washington, DC.  The meeting will be held at the offices of Wilkinson Barker Knauer located at 2300 N Street, NW, Suite 700, Washington, DC 20037.  For more information, please contact Susan Polyakova.   

Obama Taps Aneesh Chopra for CTO
President Obama named the United States’ first chief technology officer on Saturday morning during his weekly radio and Internet address.  According to Wall Street Journal, Aneesh Chopra, currently Virginia’s secretary of technology, got the nod and will soon join his former colleague Vivek Kundra, the national chief information officer, on a team tasked with using technology to make government more efficient. “Aneesh will promote technological innovation to help achieve our most urgent priorities — from creating jobs and reducing health care costs to keeping our nation secure,” Obama said.  Chopra will be an assistant to the President and his formal title will be associate director for technology under the White House’s Office of Science and Technology Policy.  According to Communications Daily, he will oversee $37 billion in technology stimulus programs, including the $7 billion broadband grant program, a $19 billion program to computerize medical records and an $11 billion electrical grid project.  The nomination requires Senate confirmation.  Chopra has led tech efforts for the state of Virginia since 2003 and previously worked as managing director with the Advisory Board Company, a health-care industry advisory and research firm.  Details.

Adelstein’s RUS Nomination Sent to Senate
President Obama has forwarded the nomination of FCC Commissioner Jonathan Adelstein to be administrator of the Rural Utilities Service to the Senate, according to TR Daily, which further reported: Mr. Adelstein’s FCC term expired last year, but under the Communications Act he is allowed to continue to serve until a successor is confirmed or until the end of the current session of Congress. 

WCAI to Co-Host WiMAX Webinars on Rural Broadband Stimulus Package
WCAI, NEBSA, WiMAX Forum and WCAI member Airspan Networks will hold two webinars on April 21-22 with the goal of educating the market on the benefits of wireless broadband and its role in the government rural broadband stimulus plans.  During the webinars, WCAI President Fred Campbell will provide updates on the status of stimulus process and speak about the role of wireless broadband in stimulating the economy.  Other speakers include officials from NEBSA, WiMAX Forum, Airspan, DigitalBridge and Ball State University.  “As the most cost-effective and easy-to-deploy broadband platform, wireless broadband is essential to bringing innovation and helping achieve universal broadband connectivity in a timely manner.  By enabling such applications as distant learning and telecommuting, wireless broadband can play a critical role in helping create jobs fast, enable productivity, and jump-start our economy,” Mr. Campbell said.  “It has become apparent that there is tremendous interest about WiMAX in the broader rural community,” said Declan Byrne, Chief Marketing Officer for Airspan, who is also a member of the WCAI’s Emerging Markets Committee.  “Therefore, we have combined efforts with organizations such as National Education Broadband Services Association (NEBSA), the WiMAX Forum and Wireless Communication Association International (WCAI) to reach out to the community with the hopes of educating them about the overall WiMAX technology, how it works and what it can lend to operators, educational institutions, state projects and Indian nations who hope to improve their broadband connectivity.”  For more information about the webinars, please visit WCAI Website.  To register, please send an email to derann@airspan.com.

RUS Scheduled to Announce Community Connect Filing Window April 20
The Rural Utilities Service (RUS) is expected to publish in the Federal Register on Monday, April 20 an announcement that the Community Connect Grant Program application window for Fiscal Year (FY) 2009 will open for a 60-day period ending June 19, 2009.  This program is separate from the ARRA broadband stimulus program and is governed by pre-existing RUS rules.  Grant authority can be used for the deployment of broadband transmission service to extremely rural, lower-income communities on a “community-oriented connectivity” basis.  The amount of funding is limited -- RUS is expected to announce that $13,406,000 is available for grants, with a minimum grant amount of $50,000 and a maximum grant amount of $1,000,000 for FY 2009.  Applicants must demonstrate a matching contribution, in cash or in kind (new, non-depreciated items), of at least 15% of the total amount of financial assistance requested.  Also, the money must be used in very targeted ways. 

Cheryl Cook Named Agriculture Deputy Under Secretary for Rural Development
U.S. Agriculture Secretary Tom Vilsack has named Cheryl Cook to serve as Deputy Under Secretary for rural development.  Among other things, she will be overseeing rural telecom and broadband grants and loans administered by the Rural Utilities Service.  Before joining USDA, Cook served as Deputy Secretary for Marketing and Economic Development at the Pennsylvania Department of Agriculture.

Agriculture Inspector General Issues Report on RUS’s Broadband Program
The Department of Agriculture's inspector general on Monday released a report expressing concerns about the RUS’s broadband program.  “[W]e remain concerned with RUS' current direction of the broadband program, particularly as they receive greater funding under the American Recovery and Reinvestment Act,” the report concludes.  “RUS's broadband program may not meet the Recovery Act's objective of awarding funds to projects that provide service to the most rural residents that do not have access to broadband service." 

FCC: Six Telehealth Projects Approved for $46 Million in Universal Service Funds
FCC announced the approval of funding under its Rural Health Care Pilot Program (RHCPP) for the build-out of five broadband telehealth networks that will link hundreds of hospitals regionally in Iowa, Minnesota, Montana, Nebraska, North Dakota, South Carolina, South Dakota, Wisconsin, and Wyoming.  In addition, funding has been approved for the design of a telehealth project in Alaska.  Collectively, these projects are eligible to receive $46 million in reimbursement for the engineering and construction of their regional telehealth networks.  Funding commitments for these projects were issued by the Universal Service Administrative Company (USAC), which administers the RHCPP for the FCC.  Details.

Public Telecom Facilities Program Funds Now Available
The National Telecommunications and Information Administration (NTIA) announced that $18 million has been appropriated for fiscal year 2009 grants for the Public Telecommunications Facilities Program. Funds will be available for applications submitted by the originally announced deadline of Dec. 18, 2008, as well as applications for certain digital television Distributed Transmission System (DTS) projects and replacement translator projects that must be received by May 18, 2009.  Details.

Renée Roland Crittendon Becomes Adelstein’s Senior Legal Advisor and Chief of Staff
FCC Commissioner Jonathan Adelstein announced that Renée Roland Crittendon will be assuming the position and responsibilities of Senior Legal Advisor and Chief of Staff.  Ms. Crittendon has served as Legal Advisor for spectrum, international and public safety issues since June of 2007.  She is also handling broadband issues, and issues related to The American Recovery and Reinvestment Act for the Commissioner.  Details.

Berkeley Varitronics Systems Joins WCAI’s Emerging Markets Committee
WCAI member Berkeley Varitronics Systems issued a press statement, announcing the company has joined the WCAI’s Emerging Markets Committee.  “We are proud to join the WCAI’s Emerging Market Committee that is dedicated to work on rural issues and provide updates on broadband stimulus developments,” said Scott Schober, President/CEO of Berkeley Varitronics Systems.  “This announcement follows the recently signed American Recovery and Reinvestment Act (ARRA) that focuses emphasis on rural broadband... Over the past 37 years, Berkeley Varitronics Systems has provided advanced wireless test equipment that is designed and manufactured in America which is attractive to the “Buy American” status that is sought after on-going procurement.”

WCAI Promotes Universal Wireless Broadband Access in Comments to NTIA, RUS, FCC
As part of its mission to promote universal wireless broadband access in the United States, WCAI today submitted two separate sets of comments with the NTIA/RUS and the FCC to assist the Agencies in implementation of the American Recovery and Reinvestment Act’s broadband initiatives. Because mobile wireless broadband service is a separate product market, WCAI urged NTIA to define areas in which mobile wireless broadband service is unavailable as “unserved,” even if fixed broadband is available. “The differences between wireless and wired networks are more than purely technical or speed-related – the ability of wireless networks to offer mobility places mobile wireless broadband in an entirely separate product market,” WCAI said.  The FCC has already delineated between mobile and fixed broadband product markets in the context of its orders addressing various merger and other transactions, and WCAI said the Agencies should rely on this body of precedent when implementing the ARRA.  Other WCAI recommendations include: (1) The Agencies should consider separate speeds for mobile wireless broadband networks. (2) NTIA should define areas in which mobile wireless broadband service capable of delivering at least 3 mbps downlink and 768 kbps uplink speeds is unavailable as “underserved.” (3) The Agencies should reject requests to limit initial rounds of funding to “unserved” areas only and instead consider both “unserved” and “underserved” areas simultaneously. (4) Projects that receive funding should represent the optimal mix of capabilities and cost. (5) The Agencies should provide funding to “middle mile” only projects where appropriate, because delivering broadband to end users often requires a complementary backhaul solution. (6) The Agencies should give substantial consideration to the views of the States, but the Agencies should not delegate wholesale their responsibility to review and rank applications.

WCAI Applauds FCC Move to Develop National Broadband Plan
The FCC on Wednesday adopted a notice of inquiry seeking public comment on the national broadband plan that the Commission is required to prepare under the American Recovery and Reinvestment Act of 2009 (ARRA).  Comments are due June 8, 2009, replies July 7, 2009.  The Commission must deliver the plan to Congress by Feb. 17, 2010.  WCAI issued a press statement applauding the Commission on taking first step in this important process.  “Wireless broadband platforms should play a leading role in the Commission’s plan to ensure that every American has access to broadband capability,” said WCAI Vice President, Communications and Strategy, Susan Polyakova.  “Wireless technology is the most cost-effective way to provide affordable broadband both to sparsely populated rural areas and urban centers.  Moreover, as the only broadband platform that is capable of providing access everywhere, all the time, wireless broadband offers mobility – a connection to every person whether at home or on the go.  These capabilities make wireless broadband essential to achieving the FCC’s goal of universal broadband connectivity.”

IG Releases Recommendations on NTIA Implementation of BTOP Broadband Stimulus Program
The U.S. Department of Commerce's Inspector General has issued a report, reviewing the results of NTIA's Public Safety Interoperable Communications Program, and suggesting how lessons learned from that program can be applied to the BTOP program.  The IG proposes that NTIA (1) seek an extension of the operational time frame for the BTOP program office to a minimum of one year beyond the award period of the last grant to facilitate better oversight; (2) implement a pre-grant peer review program; and (3) expedite the required environmental assessment of the BTOP program. 

NTIA, RUS, FCC Respond to Barton, Stearns on Broadband Funds
Officials at the NTIA, RUS and FCC have assured House Energy and Commerce Committee ranking member Joe Barton (R-TX) and Communications, Technology, and the Internet ranking member Cliff Stearns (R-FL) that their concerns about prioritizing already-mapped states and unserved areas in the awarding of broadband funding under the American Recovery and Reinvestment Act (ARRA) will be taken into account, reported TR Daily.  But the agency officials stopped short of promising to exclude areas without state mapping data and areas deemed merely underserved.  NTIA expects to use “high-quality data from as many sources as possible in order to implement the program successfully and in accordance with the statute,” rather than relying solely on state maps, said Bernadette McGuire-Rivera, associate administrator of NTIA’s Office of Telecommunications and Information Applications.  James Newby, acting administrator of the Rural Development Utilities Program, said that “state broadband maps vary in accuracy, detail, and the information that they provide and, ultimately, are only one of many factors that we may consider in evaluating a project.”

House Subcommittee Holds Oversight Hearing on Broadband Provisions of ARRA
The House Subcommittee on Communications, Technology and the Internet today held an oversight hearing on the implementation of the broadband provisions of the American Recovery and Reinvestment Act of 2009 (ARRA).  At the hearing, representatives of RUS and NTIA provided further details about timing for distributing the $7.2 billion in broadband stimulus funds and other key issues.  Copies of the prepared testimony delivered at the hearing are available on the WCAI website.  WCAI Regulatory Counsel Paul Sinderbrand is preparing a detailed report and will circulate it to appropriate WCAI committees.

Obama Sends Strickling Nomination to Senate
President Obama Tuesday officially submitted his nomination of Larry Strickling as the next Administrator of the National Telecommunications Information Administration (NTIA) to the Senate for confirmation.  The president announced his intention to nominate Strickling on March 27.  Strickling is a technology policy expert with more than two decades of experience in the public and private sectors.  As Policy Coordinator for Obama for America, Strickling oversaw two dozen domestic policy committees and was responsible for technology and telecommunications issues.  Details.

FCC Schedules NOI on National Broadband Plan for April 8 Meeting
The FCC has released an agenda for its April 8 open meeting.  Of importance to WCAI members, the agency plans to vote on a notice of inquiry seeking public comment on the national broadband plan that the FCC is required to prepare under the American Recovery and Reinvestment Act of 2009 (ARRA).  The FCC has waived the sunshine period prohibition with respect to the national broadband plan item until 5:30 pm, April 3, 2009 to allow for presentations until that time.  The FCC will also permit meetings and written filings that touch on topics relevant to the plan throughout the sunshine period where the meetings and filings are in connection with the FCC’s on-going proceeding that seeks comment on the FCC’s consultative role in implementing ARRA.  Separately, the FCC announced it has rescheduled its May Open Meeting from the 14th to the 13th.

FCC to Increase Application Fees
The FCC last week released a Public Notice announcing that effective April 28, 2009 it will be increasing the fees charged upon the filing of various applications by 4.9% (with some Wireless Telecommunications Bureau exceptions).  The change is mandated by the Commissions Act to reflect an increase from 10/05 to 10/07 in the Consumer Price Index-Urban.  WCAI members filing applications on or after April 28 should consult the appropriate fee guide available at www.fcc.gov/fees/appfees.html for the appropriate fees. 

Federal Government Implementation of ARRA
The U.S. Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council have agreed on several interim rules amending the Federal Acquisition Regulation (FAR) to implement the American Recovery and Reinvestment Act of 2009 (ARRA).  Those interim rules address, among other things, implementation of several transparency requirements, the Buy American requirements, whistle-blower protections, and monitoring.  WCAI Counsel Paul Sinderbrand circulated copies of the interim rules and requests for comment to appropriate WCAI committees.  The rules are expected to have significant impact on those who intend to utilize ARRA funding to provide goods or services to the federal government.

OMB Seeks Comment on Proposed ARRA-Relating Reporting Requirements
The Office of Management and Budget (OMB) Wednesday published in the Federal Register a request for comments on proposed reporting requirements under the American Recovery and Reinvestment Act of 2009.  Significant reporting requirements will be imposed on those that receive stimulus funding.  Comments are due on May 1.

WCAI Congratulates Jonathan Adelstein on Nomination as RUS Administrator
As expected, the White House on Friday announced President Obama's intent to nominate FCC Commissioner Jonathan Adelstein to be the new Administrator of the Rural Utilities Service in the Department of Agriculture.  “WCAI applauds President Obama’s selection and congratulates Mr. Adelstein on the nomination,” WCAI President Fred Campbell said in a blog post.  “The nomination comes at a critical time, as RUS is putting together a program to distribute $2.5 billion in loans, loan guarantees, and grants as part of the economic stimulus plan.  A strong advocate for increased broadband deployments in rural areas, Mr. Adelstein is the ideal candidate to lead RUS efforts to improve rural telecommunications and broadband.  We at WCAI look forward to working with Mr. Adelstein to promote innovative wireless broadband services and achieve universal wireless broadband access in the United States.”

Next EMC Call on Broadband Provisions of Economic Stimulus Bill Scheduled for March 30
WCAI reminds its members that the Emerging Markets Committee (EMC) is holding biweekly conference calls with WCAI Regulatory Counsel Paul Sinderbrand to provide updates on broadband stimulus developments and discuss next steps WCAI members should take to obtain government funding allocated as part of the economic stimulus plan.  The next call is scheduled for Monday, March 30 at 2 pm ET.  For more information or to join the EMC, please contact Susan Polyakova.

FCC Seeks Comment on Consultative Role in ARRA Broadband Process
The FCC released a public notice asking for comment on its consultative role with NTIA regarding the definitions of “unserved,” “underserved” and “broadband” and the non-discrimination and interconnection obligations that will attach to projects funded by the Broadband Technologies Opportunities Program.  Comments are due April 13.  The FCC said it will meet with interested parties from March 30 until April 3.

WCAI President Fred Campbell Represents Broadband Industry at NTIA-RUS Meeting
Fred Campbell, President of WCAI, today participated in an NTIA roundtable discussion on the Definition of Broadband.  Mr. Campbell presented the views of several associations – WCAI, CTIA, ITTA, USTA, NCTA, and SIA.  The two remaining NTIA-RUS public meetings are scheduled for March 23 and March 24 in Washington, DC.  The first one will focus on nondiscrimination and interconnection obligations, the role of the states, and broadband mapping.  The second one will cover such issues as post-award compliance and oversight, selection criteria, and community economic development.

View the videos: (March 19): www.ntia.doc.gov/broadbandgrants/meetings.html

EMC Schedules Next Call on Broadband Provisions of Economic Stimulus Bill
WCAI’s Emerging Markets Committee (EMC) has scheduled its next call for Monday, March 30 at 2 pm (Eastern Time) to provide updates on broadband stimulus developments.  WCAI Regulatory Counsel Paul Sinderbrand will discuss next steps WCAI members should take to obtain $7.2 billion in government funding allocated by the American Recovery and Reinvestment Act (ARRA) and answer member questions about the process they need to go through to obtain the funds.  The call is open to Committee members only.  For more information or to join the Emerging Markets Committee, please contact Susan Polyakova.

FCC Schedules NOI on National Broadband Plan for Next Meeting
The FCC has releases a tentative agenda for its April 8 public meeting.  As expected, the agenda includes a Notice of Inquiry on developing a National Broadband Plan as required by the American Recovery and Reinvestment Act of 2009.

NTIA Scales Back Plans for Broadband Grant Program Meetings
Having received over 2,500 requests for meetings on broadband stimulus program, NTIA announced this week that it will not be able to accommodate all requests, but reserves the right to schedule such meetings as it sees fit.  Details.

Obama Names New Undersecretary of Agriculture for Rural Development
President Obama last Friday announced his intention to nominate Dallas P. Tonsager to be Undersecretary for Rural Development at the U.S. Department of Agriculture. If confirmed for that position, Tonsager would have responsibility for overseeing the USDA's Rural Development Mission Area, which includes its telecommunications programs in general and the broadband stimulus program being established under the Rural Utilities Service in particular. Tonsager was appointed to the Board of the Farm Credit Administration on Nov. 30, 2004, for a term that expires May 21, 2010. Tonsager also serves as a member of the Board of Directors of the Farm Credit System Insurance Corporation, which is responsible for ensuring the timely payment of principal and interest on obligations issued on behalf of FCS banks.

American Made Rural Broadband Wireless Network Design Package Announced
WCAI members Berkeley Varitronics Systems and EDX Wireless, as well as DoceoTech and EGS Technologies have collaborated to develop a comprehensive, integrated package to help the rural broadband build-out that is part of the American Recovery and Reinvestment Act of 2009 (ARRA) economic stimulus package providing broadband access to the rural and underserved areas throughout the United States. The collective, integrated package allows for a streamlined procurement of wireless propagation test equipment, RF planning tools, geodata tools, and tailored technical training for several broadband technologies. These include Wi-Fi, WiMAX and LTE. Details.

NTIA-RUS-FCC Joint Meeting Kicks Off ARRA's Broadband Initiative
The National Telecommunications and Information Administration (NTIA) and the Rural Utilities Service (RUS) are both planning to hold several rounds of applications for broadband funding under the American Recovery and Reinvestment Act of 2009 (ARRA) during the next 18 months, officials said at a joint meeting held by NTIA, RUS and FCC on March 10 to kick off the ARRA's broadband initiative. Meanwhile, the FCC plans to adopt a Notice of Inquiry at its April 8 meeting to start process of developing the ARRA-mandated national broadband strategy. According to TR Daily, NTIA Associate Administrator Bernadette McGuire-Rivera said the agency envisions having four different programs under which parties could apply for funding for mapping, public computer centers, demand, and broadband deployment projects. She said the agency is envisioning having three grant rounds, one in April to June of this year, one in September to October of this year, and on in April to June of next year. NTIA Senior Adviser Mark Seifert said the agency's "concept" is to award approximately one-third of the funding in each round, "across the program" -- that is, not concentrating on one or more of the four programs in a given round. Acting FCC Chairman Michael Copps said the FCC is "already hard at work on the job" of developing a national broadband strategy, which the ARRA directs it to complete within one year of the measure's enactment. Copps said the proceeding would be "truly inclusive," seeking private- and public-sector input from traditional and nontraditional stakeholders and examining every "sector of our national life." WCAI Regulatory Counsel Paul Sinderbrand will provide updates on this and other related developments on the next Emerging Markets Committee call on Tuesday, March 17. For more information or to join the Committee, please contact Susan Polyakova.

FCC Seeks Public Comment on Rural Broadband Strategy
The FCC on Tuesday released a Public Notice soliciting comments on Congress's directive in the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill) that the Chairman of the Commission develop, in consultation with the Secretary of the Department of Agriculture, a comprehensive rural broadband strategy. Comments are due March 25. A report to Congress is due May 22.

NTIA, RUS Release Information Request for Recovery Act Broadband Initiatives
NTIA and RUS have announced a series of roundtable sessions that will be held on March 16, 19, 23 and 24 in Washington, DC. The agencies will also have field hearings in Las Vegas on March 17 and in Flagstaff, AZ, on March 18. In addition, the agencies sought comment on a series of questions regarding both the NTIA and RUS broadband programs. Comments are due April 13. There is no formal reply comment round provided.

Obama Signs FY 2009 Appropriations Bill with $3 Million for FCC Broadband Grants
President Obama signed the Omnibus Appropriations Act, which provides federal government funding -- including $3 million for an FCC-administered broadband grant program -- for the remainder of the current fiscal year, according to TR Daily, which further reported:  The legislation directs that $3 million be spent on establishing and administering a State Broadband Data and Development matching grants program for state-level broadband demand aggregation activities and the creation of broadband inventory maps.  It also authorizes FCC use of spectrum auction proceeds up to $85 million.  Rural Utilities Service funding in the measure includes more than $400 million for the principal amount of broadband telecommunications loans and $15.6 million for the cost of broadband loans; nearly $34.8 million for grants for telemedicine and distant learning services in rural areas; and $13.4 million for a grant program to finance broadband transmissions in rural areas eligible for Distance Learning and Telemedicine Program benefits.  For the NTIA, the legislation provides $20 million for the administration of grants for public telecommunications facilities, planning, and construction.  It also includes $185 million in the Justice Department’s budget for developing and implementing a nation-wide Integrated Wireless Network supporting federal law enforcement.

Seifert, McGuire-Rivera to Head NTIA's Broadband Stimulus Programs
Mark Seifert, formerly with the FCC, will head up the policy side of the NTIA's allocation of broadband stimulus grant and loan money, with Dr. Bernadette McGuire-Rivera handling administrative duties.  According to Broadcasting & Cable, Seifert, who dealt with universal service issues as a Common Carrier Bureau deputy chief and is also a former House Energy & Commerce Committee staffer, was brought in after acting NTIA head Anna Gomez recused herself from the grant administration process.  Gomez is formerly a Washington government affairs executive with Sprint Nextel.  Details.

WCAI Working on Implementing Economic Stimulus Package
WCAI’s Government Relations Committee (GRC) met today to discuss NTIA’s distribution of the economic stimulus funds.  WCAI also met with other trade associations to discuss potential positions.  Representing WCAI were President Fred Campbell and Regulatory Counsel Paul Sinderbrand.  Counsel will brief GRC members on the results of that meeting and will seek further member input during upcoming committee calls, including the Government Relations Committee on March 10 and the Emerging Markets Committee on March 17.

EMC Schedules Follow-Up Call on Broadband Provisions of Economic Stimulus Bill
WCAI’s Emerging Markets Committee (EMC) has scheduled a follow-up call for Tuesday, March 17 at 4 pm (Eastern Time) to provide updates on broadband stimulus developments.  WCAI Legal Counsel Paul Sinderbrand will discuss next steps WCAI members should take to obtain $7.2 billion in government funding allocated by the American Recovery and Reinvestment Act (ARRA) and answer member questions about the process they need to go through to obtain the funds.  The call is open to Committee members only.  For more information or to join the Emerging Markets Committee, please contact Susan Polyakova.

European Commission Recommends Steps to Extend Rural Broadband Deployment
The European Commission has called on member states, regions, and local authorities to adapt their rural development programs to place "adequate emphasis" on information and communication technologies and on Internet connectivity, reported TR Daily.  In a communication issued Monday, the commission sought to make its case for such support by outlining the benefits of better access in rural areas for farms and small businesses and urging member states to factor in broadband technologies when they conduct mid-term reviews of rural development plans next year.

FCC, NTIA, RUS Release Agenda for March 10 Meeting on Broadband Initiatives
FCC, NTIA and RUS have released an agenda for the joint meeting March 10 to discuss the broadband initiatives of the American Recovery and Reinvestment Act.  The meeting will take place in the Department of Commerce Auditorium.  Speakers include Anna Gomez, Acting Administrator, NTIA; Tom Vilsack, Secretary of Agriculture; Michael Copps, Acting Chairman, FCC; Mark Seifert, Senior Advisor, NTIA; Dr. Bernadette McGuire-Rivera, Associate Administrator, NTIA; David Villano, Assistant Administrator for Telecommunication Programs, USDA Rural Development; and Scott M. Deutchman, Acting Senior Legal Advisor to Acting Chairman Copps, FCC.  The agenda includes 30 minutes for Q&A, and the document contains instructions for the advance submission of questions by members of the public.

USDA Releases Report on Rural Broadband
The U.S. Department of Agriculture has released a report providing a brief review of the status of broadband in rural areas.  “Although rural residents enjoy widespread access to the Internet, they are less likely to have high-speed, or broadband, Internet access than their urban counterparts,” according to the report.  “Circumstantial evidence suggests that the difference in access may lie in the higher cost and limited availability of broadband Internet in rural areas.  As a result, rural residents depend more on Internet use outside of the home, relying on places like the library, school, and work, where broadband Internet access is available.”  The reported noted: “Nonetheless, broadband access for both rural and urban populations increased rapidly between 2000 and 2006.”

Free Press Releases Recommendations for ARRA Implementation
Free Press has released a paper making a series of recommendations regarding NTIA/RUS/FCC implementation of the American Recovery and Reinvestment Act's broadband provisions.  The recommendations include: 1) Protect the open Internet: The NTIA and FCC should prohibit grant recipients from selling any service that violates open Internet principles and should require recipients to offer interconnection on a reasonable and nondiscriminatory basis. 2) Promote speed: The NTIA should establish speed guidelines and benchmarks and require grant applicants to detail actual -- not advertised -- network speeds, with priority given to next-generation projects. 3) Provide clarity: The NTIA and FCC should adopt definitions of unserved and underserved areas that are based on U.S. Census Bureau geographic boundaries, and are informed by new FCC broadband data.

Gomez Recuses Herself from NTIA Broadband Program Issues
Anna Gomez, deputy administrator at the NTIA, has recused herself from the policy issues related to the NTIA broadband program, according to TR Daily.  Gomez formerly worked in government relations for Sprint Nextel.

Adelstein Expected to Get RUS Job
FCC Commissioner Jonathan Adelstein may be nominated by President Obama to be administrator of the Rural Utilities Service in the Department of Agriculture rather than U.S. coordinator for international communications and information policy at the State Department, according to TR Daily, which further reported: The RUS post is expected to be a much more high-profile job than it has been in the past thanks to the $2.5 billion in loans, loan guarantees, and grants the agency is charged with distributing from the economic stimulus package passed by Congress and signed by President Obama.

Broadband Stimulus Could Create up to 400,000 Jobs, Researcher Says
The broadband stimulus provisions of the American Recovery and Reinvestment Act (ARRA) of 2009 might lead to 127,000 new jobs over the next four years, or to more than 400,000, according to an academic researcher, reported TR Daily.  It continued:  Raul Katz, director-business strategy research at the Columbia Institute for Tele-Information (CITI), said that while the construction of broadband facilities under the ARRA would create about 128,000 jobs -- about 44,000 fewer than would be created by equivalent spending on traditional infrastructure such as roads and bridges -- the impact of network effects could range from a net loss of 1,000 jobs to a net gain of 270,000 jobs. 

Obama Hopes to Raise $4.8B by Imposing Spectrum License Fees on Wireless Providers
President Obama called for spectrum license fees in a record $3.9 trillion budget, released today, reviving a proposal that has failed to move in the past, according to RCR Wireless News, which further reported: But with the new Democratic administration intending to halve the projected $1.7 trillion budget deficit by 2013, the latest campaign to levy a fee on wireless carriers and other spectrum license holders could get more traction this time around in the Democratic-led Congress.  Though details on the Obama budget are few and far between, some information was made available.  The administration estimates that spectrum license fees would raise $4.8 billion over the next 10 years.  And the budget projects $1.4 billion in receipts from spectrum auctions over the same period, reflecting the reality of the dwindling supply of airwaves that are left to be sold.  The administration also wants Congress to give the FCC the green light to authorize the auction of domestic satellite spectrum, hoping to generate $200 million from such bidding by 2019.  More information on the proposed spectrum fee — which would require legislation to enact — and other telecom-related provisions is expected when the administration releases a more detailed budget package in the spring.  Details.

NTIA to Start Scheduling Broadband Grant Program Meetings
Starting March 2, the National Telecommunications and Information Administration (NTIA) will begin holding meetings with interested parties in connection with the broadband grant programs described in the Broadband Data Services Improvement Act and the American Recovery and Reinvestment Act of 2009.  The former directs the Secretary of Commerce to award grants to eligible entities on a competitive basis to assess, identify and track broadband service deployment in each State.  The latter directs NTIA to establish the “Broadband Technology Opportunities Program” to make grants available on a competitive basis to accelerate and expand broadband deployment.  Details.  Information about the Broadband Grant Programs will be made available at http://www.ntia.doc.gov/broadbandgrants.

NTIA, RUS, FCC to Hold a Public Meeting on Broadband Initiatives Funded by ARRA
NTIA, RUS and FCC will hold a joint hearing on the broadband initiatives funded by the American Recovery and Reinvestment Act of 2009 (ARRA).  The meeting will be held on March 10 from 10:00-11:30 a.m. at NTIA.  Members of the public will have an opportunity to ask questions at the meeting, which will also be streamed on web.  The agenda will be made available in advance on the agency websites.  This is the first of several meetings the agencies are planning to hold.

OMB Releases Guidance on ARRA Implementation
Last week, the Office of Management and Budget (OMB) released a guidance to the heads of Executive Branch departments and agencies regarding steps to be taken in connection with implementation of the American Recovery and Reinvestment Act of 2009 (ARRA). That guidance sets out several levels of reporting and posting of information related to the programs that may be of interest to WCAI members. WCAI Counsel Paul Sinderbrand provided a comprehensive summary of the document to appropriate WCAI committees.

FCC Form 477 Now Available Online; Filing Deadline Extended to March 16
The FCC this week made FCC Form 477 available online for completion by filers and extended the deadline for filing that form until March 16, 2009.  The decision came after WCAI and several other industry trade groups urged the Commission to extend the deadline because of a very short period between initial availability of the form and the original deadline.

Tough Decisions Ahead on Rules for New Broadband Program
The law creating a $7.2 billion broadband program delegates many important decisions to the government agencies charged with spending the money, reported Communications Daily.  It continued: The law, written in haste in response to the economic crisis, leaves it to agencies to decide who has priority for grants and to set Internet speed benchmarks for grant recipients, panelists said last week at a Georgetown University seminar.  “We have a lot more work to do,” said FCC Chief Technologist Jon Peha.  But the law gives agencies flexibility, “which is a great advantage when you are trying to do something hard,” he said.  With that flexibility comes the challenge of tackling tough problems, such as spelling out network nondiscrimination rules.  “Brutal battles” could be ahead on that subject, he said.  The NTIA will need to define what constitutes an underserved versus unserved area.  All of this must be finished while policymakers are still working on a national broadband policy.  “Defining that policy will not be an easy task,” Peha said.

10,000 Broadband Jobs to be Created from U.S. Stimulus Package
The billions of dollars set aside in the government’s stimulus bill to promote broadband access across the United States may help create thousands of new jobs — and wireless firms are already evaluating the legislation for potential opportunities, reported RCR Wireless News.  The $787 billion American Recovery and Reinvestment Act sets aside $7.2 billion for telecom-related programs, with $6.39 billion to be doled out in grants and loans to promote broadband in rural areas that don't have access to the technology or are underserved.  Industry consulting firm inCode Telecom projects that the legislation will create 10,000 jobs during the next four to five years.  Intel officials said they were hopeful the federal stimulus plan could be used to build WiMAX networks.  Clearwire officials said they are encouraged the government has set aside money for broadband services, and WiMAX could benefit because of the technology’s multi-megabit speed and low cost.  Details.

WCAI Hosts a Member-Only Webinar on Broadband Provisions of Economic Stimulus Bill
WCAI today held a member-only webinar to analyze the impact of the Economic Stimulus Bill on wireless broadband providers and discuss next steps at the various governmental entities charged with distributing $7.2 billion in funding for broadband grants.  The presentation was led by WCAI Legal Counsel Paul Sinderbrand and Christine Crowe of Wilkinson Barker Knauer.  They briefed WCAI members on steps they need to take to promptly secure the government funding to be distributed by NTIA and RUS.  WCAI’s Emerging Markets Committee will hold a separate conference call on this topic on March 3.  For more information or to join the Committee, please contact Susan Polyakova.

WCAI Files for Extension of FCC Form 477 Deadline
Joined by several other industry trade associations, WCAI last Friday sought extension of the March 2, 2009 filing deadline for FCC Form 477, which is used by the Commission to collect detailed information regarding the state of broadband deployment in the United States.  “Because that form is still not available for filers to complete online (as is now required), broadband providers face a practical impediment to meeting the Commission’s March 2, 2009 filing deadline,” WCAI President Fred Campbell said in his blog post.  WCAI urged the Commission to extend the filing deadline until 30 days after the newly-revised version of that form becomes available for online completion by filers.  Joining WCAI were the Wireless Internet Service Providers Association, COMPTEL and TEXALTEL.  Meanwhile, FCC released a public notice last week providing guidance to filers of the FCC Form 477.

New Website Established to Track Stimulus Funds Spending
The White House has established a new web site (http://www.recovery.gov/) that is intended to provide transparency in the way the American Recovery and Reinvestment Act of 1992's economic stimulus funds are spent.

NTIA, RUS to Move Quickly to Distribute Broadband Stimulus Funds
NTIA and RUS are cognizant of the need to move quickly to distribute the broadband stimulus funds in their care, and while no decisions have been made, both are moving quickly to accomplish that task, agency officials said this week during a NARUC meeting.  NTIA is currently working concurrently to (1) draft grant guidelines; (2) obtain public input; and (3) set up an administrative structure.  It is preparing a public notice it will issue soon soliciting comment on how to structure the grant program, and plans to conduct a series of town hall meetings in Washington, DC and elsewhere.  Assuring the transparency appears to be a major concern to NTIA.  Barbara Brown has been designated the central point of contact at NTIA.  Mark Seifert will be going from the Hill to NTIA to administer the broadband stimulus money, and Deputy NTIA Administrator Anna Gomez has confirmed that she is recused from the process.  The RUS may skip a rulemaking proceeding, and move directly to issuance of a "notice of funding availability," according to Ken Kuchno, director of the RUS broadband program.  While the RUS program will draw upon the experience of the existing broadband program, it apparently will be streamlined somewhat to expedite grants.

FCC Charged with Drafting Broadband Grand Plan
The FCC will be charged with creating a plan, within a year, for getting broadband to everyone in the country, including benchmarks for reaching that goal, reported Broadcasting&Cable.  It continued: The Commission must provide an analysis of 1) "the most effective and efficient mechanisms for ensuring broadband access by all people of the United States"; 2) "a detailed strategy for achieving affordability of such service and maximum utilization of broadband infrastructure and service by the public"; 3) "an evaluation of the status of deployment of broadband service, including progress of projects supported by the grants made pursuant to this section"; and 4) "a plan for use by homeland security, community development, health care delivery, energy independence and efficiency, education, worker training, private sector investment, entrepreneurial activity, job creation and economic growth, and other national purposes."  Details.

House Passes Economic Stimulus Legislation
The House of Representatives Wednesday voted to pass its version of the economic stimulus bill (H.R. 1: American Recovery and Reinvestment Act of 2009) by a margin of 244-188.  The bill includes $6 billion in funding for broadband deployment, adoption and mapping.  The funding includes $2.825 in broadband deployment grants to be administered by the NTIA and the Rural Utilities Service, and another $350 million for NTIA-administered broadband mapping projects.  Prior to the vote, the House held one hour of general floor debate and considered eleven amendments to the bill, as well as a motion to recommit.  There was only one amendment that specifically implicated the broadband stimulus provisions.  That amendment, offered by Rep. Maxine Waters (D-CA) and adopted by voice vote, allows the $750 million allocated for "worker training and placement in high growth and emerging industry sectors" to be used to train and place workers with entities funded by NTIA under the bill to deploy broadband infrastructure.  Meanwhile, the Senate has been moving forward with its own approach.  The Senate Appropriations Committee Wednesday released its version of the legislation (S.336), which does not include the amendments agreed to Tuesday evening by the Senate Finance Committee.  Most significantly for the broadband industry, Finance agreed to a proposal by Sen. John Rockefeller (D-WV) to provide significant tax credits to broadband providers.  Specifically, the provision establishes a 10% credit for investment in current generation broadband in rural and underserved areas, a 20% credit for investment in current-generation broadband in unserved areas, and 20% credit for investment in next-generation broadband in rural, underserved, and unserved areas.  Timing remains fluid as to when the complete legislation will be brought to the Senate floor for approval. 

BRS Operators, Emerging Rural Markets Committees Merge
Members of the WCAI's BRS Operators and Emerging Rural Markets committees voted this week to merge the two groups to get more involvement from a wider range of the WCAI membership. Called the Emerging Markets Committee, the new group will be open to all WCAI members with interest in emerging and rural markets. The Committee will be led by Joel Brick of Sioux Valley Wireless, Leigh Ann Spellman of Gryphon Wireless and Jason Lazar of KeyOn Communications. For more information or to join the Committee, please contact Susan Polyakova.

Report: Expanding the Potential of Wireless Broadband Services in U.S. Using 3.65GHz Band
As of September 2008, 420 operators nationwide have applied for or received a license in the 3.65 GHz band in the United States, and some of them have launched commercial services using WiMAX-based equipment, according to a report by Senza Fili Consulting. FCC last year introduced an innovative licensing scheme in the band designed to unlock the market potential for wireless services and widen the availability of broadband to underserved areas in the country. While the light-licensing scheme used for the 3.65GHz band is still largely untested because of its recent introduction, the results so far are very encouraging. Commercial equipment based on WiMAX with the necessary FCC approval is now available from multiple vendors. In some cases where vendors have invested in Interoperability Testing (IOT), operators can use interoperable gear from different vendors within the same network. Wireless operators have welcomed the availability of the spectrum in the 3.65 GHz band because it allows them to better serve their existing and prospective clients, to extend coverage, or to start new deployments in a cost-effective way. This is possible because, in addition to the low levels of interference, the 3.65 GHz band has good propagation characteristics that enable Non-Line-Of-Sight (NLOS) operations. This results in lower deployment costs and better coverage. The additional benefit of the 3.65 GHz band is that it brings wireless operators access to WiMAX-based technology, which before now was available only for licensed spectrum.

FCC Announces Effective Date of BRS/EBS Data Reporting Requirement
In the BRS/EBS Fourth Memorandum Opinion and Order that was released on March 20, 2008, the FCC adopted WCA’s proposal requiring licensees to provide the geographic coordinates, the height above ground level of the center of radiation for each transmit and receive antenna, and the date transmissions commenced for each of the base stations in its geographic service area (GSA) within 30 days of receipt of a request from a co-channel, neighboring BRS/EBS licensee.  That requirement, however, was subject to OMB approval.  That approval has now occurred, and the requirement became effective on Sept. 8, 2008.

Stevens Proposes Expansion of USF Rural Healthcare Program
Sen. Ted Stevens (R-AK) has proposed legislation to increase the Universal Service Fund’s subsidies for rural healthcare communications services, expand the types of services covered, and expand the types of rural healthcare facilities eligible for the program, reported TR Daily.  It continued: The proposed Telehealth for America Act also calls for the FCC and the Universal Service Administrative Co. to report to Congress within 180 days of the bill’s enactment.  The bill explicitly states that it should not be construed as reducing support for schools and libraries.

FCC Seeks Input on Improving USF Spending, Management Oversight
The FCC has released the text of a notice of inquiry looking at ways to further strengthen the management, administration, and oversight of the Universal Service Fund nearly a month after regulators approved the measure on circulation, reported TR Daily. As part of the NOI, the Commission is seeking comment on how to more clearly define USF goals, as well as identify performance measures that could help the FCC better measure program performance. It said it plans to build upon the findings made by the agency’s inspector general last year in a comprehensive audit. Comments will be due 30 days after the publication of the NOI in the Federal Register, with a reply comment deadline 60 days after its publication.

WCA Replies to Oppositions in BRS/EBS Rule Rewrite Proceeding
WCA filed a reply in connection with its petition for reconsideration of the FCC’s Fourth Memorandum and Order in the BRS/EBS rule rewrite proceeding.  It said there has been no opposition to WCA’s call for confirmation that BRS channel 1 and 2 licensees can simultaneously use their post-transition 2.5 GH band spectrum and their current 2.1 GHz band spectrum to facilitate migration of subscribers from the latter to the former.  It also urged FCC to reconsider its statements that the rules applicable to EBS leases executed prior to Jan. 10, 2005 limited such leases to a term of 15 years from the date of execution.  C&W Enterprises and Speednet agreed with WCA’s assessment and confirmed WCA’s demonstration that serious damage could flow from the FCC’s action. 

Florida School Leases Spectrum to Clearwire
Florida Atlantic University (FAU) officials have FCC approval to lease 24 of 26 unused broadband channels in its EBS spectrum to Clearwire for up to $173 million for the next 10 years, reported FierceWireless.  It continued:  FAU has held the spectrum licenses since the 1980s.  Originally the channels were used for distance learning.  The lease plan will include an upfront payment of at least $8.6 million plus $3.5 million a year for the next five years.  Clearwire needs the spectrum as part of its pending nationwide launch of mobile WiMAX.  Details.

DigitalBridge To Discuss Marketing Strategies At BRS Operators Meeting
WCA Board member DigitalBridge Communications will discuss its marketing strategies and share tips for success during the next monthly conference call of the WCA’s BRS Operators Committee on Sept. 3.  Founded in late 2005, DigitalBridge provides broadband wireless to small and medium-sized communities nationwide through the new WiMAX technology standard.  Also on the call, WCA Counsel Paul Sinderbrand will provide a regulatory update on the issues of interest to BRS operators.

Rural Communities Look To Take The Next Step Toward Broadband
With broadband becoming more and more critical in the social and economic roles of communities, many people agree it’s time to do something to make it more accessible.  Rural California communities, like Orleans or Orick, have no broadband service at all and continue to use sluggish dial-up technology, according to the Eureka Reporter.  It continued:  The broadband movement has been making tracks statewide -- with legislation to help communities.  SB1191 passed in June to allow community services districts the right to operate as a broadband service provider.  But as far as how that translates into action, local districts aren’t so sure.  “We’ve supported the legislation, but I don’t know how to go about it,” said Barry Morehead, board member of the Orleans Community Services District.  “I talked to some of the other community services districts to see what they’re doing, but they’re at the same spot I seem to be in. They’re all for it, but don’t know how to go forward.”  Orick Community Services District could relate to the same frustration.  “We have a small population and we have plenty else going on,” said Karla Youngblood of Orick Community Services District.  “But if somebody were to present a business plan, they might be interested.”  Details.

FCC Grants WCA Extension Request In EBS Lease Term Proceeding
The FCC granted WCA's motion extending the deadline to file replies in the EBS lease term proceeding from Aug. 13 to Sept. 5. The FCC in March released an order to facilitate the provision of fixed and mobile broadband access, educational and other advanced services in the 2150-2162 and 2500-2690 MHz bands. The WCA filed a petition for reconsideration seeking in part a reconsideration of the Commission's decision to limit leases entered into before Jan. 10, 2005 to 15 years from the date of execution. WCA also asked the agency to extend the deadline for filing replies to the oppositions to enable it to discuss competing proposals and their potential impacts on the EBS and BRS communities with the parties to this proceeding.

DigitalBridge To Expand Services To Sioux Falls, SD
DigitalBridge Communications announced that it has expanded coverage of its high-speed wireless Internet network to Sioux Falls, SD with the opening of its BridgeMAXX Retail Center, according to a company press release. DigitalBridge's current WiMAX network extends service to over 50,000 businesses and residential households in the Sioux Falls area. BridgeMAXX service is now available in regions covering over 2.5 million people throughout Virginia, Indiana, Idaho, Montana, South Dakota, and Wyoming. BridgeMAXX customers can use their service in any BridgeMAXX region across the US. The company plans to enhance its Sioux Falls network in the coming months with a mobile wireless capability that will enable customers to access data on the go via mobile WiMAX.

Comment Deadlines Set For WCA Petition For Reconsideration Of BRS/EBS Rules
A notice was published in the Federal Register on July 14 of the WCA petition for reconsideration of the most recent order in the BRS/EBS rule rewrite proceeding. The WCA petition addresses two issues: (1) the maximum term of EBS leases entered into prior to Jan. 10, 2005; and (2) the ability of BRS 1 and 2 licensees to simultaneously use their 2.1 GHz spectrum and their post-transition 2.5 GHz spectrum. Comments on the WCA petition are due July 29, and WCA's reply will be due ten days thereafter, with an additional three days provided if WCA is served by mail.

FCC And USDA To Conduct Educational Workshops On Rural Broadband
FCC and United States Department of Agriculture (USDA) are holding free regional educational workshops on rural broadband.  Registration is open for the workshops held Sept. 18 in Austin, TX and Nov. 20 in Phoenix, AZ.  Workshops are designed to provide communities, organizations, and businesses in rural America seeking to bring the benefits of broadband to their communities with an opportunity to learn about the resources, programs, and policies of the FCC and USDA.  The topics include different technology platforms used to provide broadband services, USDA funding for broadband deployment, the Universal Service Fund, the FCC’s Rural Health Care Pilot program, and wireless spectrum access.  The workshops will also provide communities and organizations an opportunity to share their experiences about broadband deployment in rural and hard-to-reach areas.  The deadline to register for the Austin workshop is Aug. 15, and for the Phoenix workshop is Oct. 10.  Details.

FCC Commissioner Congratulates Sioux Valley Wireless On WiMAX Launch In South Dakota
FCC Commissioner Jonathan Adelstein sent a letter to WCAI member Sioux Valley Wireless, congratulating the company on the recent launch of its WiMAX network in Madison, SD.  “This is a cutting-edge technology with the potential to connect small towns and rural areas to broadband,” Adestein wrote referring to WiMAX.  “It’s an excellent alternative and also a supplement to wired cable or DSL connections.”  He added: “Deploying truly high speed, affordable broadband is one of the great infrastructure challenges of our time.  So, we need more broadband providers, like Sioux Valley Wireless, and more competition in South Dakota, and in fact across the nation.”  Joel Brick, the company’s wireless technical director and chairman of the WCAI’s BRS Operators Committee, discussed the launch on the most recent Committee call this week.  He also spoke about the advantages of using WiMAX technology in rural regions and shared his tips for success with the rest of the group.

GAO Recommends Greater Oversight Of Universal Service Fund High Cost Program
A multibillion dollar, nationwide program aimed at ensuring affordable access to communications services in largely rural areas appears to suffer from inadequate oversight, according to a report by the Government Accountability Office (GAO).  The report questions the FCC’s oversight of the Universal Service Fund’s (USF) High Cost program and finds that USF funding is distributed in a manner that may cause disparities in the availability of telecommunications services in different rural communities.  The GAO report was requested by Reps. John D. Dingell (D-MI) and Joe Barton (R-TX), the Chairman and Ranking Member of the Committee on Energy and Commerce, and Reps. Bart Stupak (D-MI) and John Shimkus (R-IL), the Chairman and Ranking Member of the Oversight and Investigations Subcommittee.  The Members of Congress said the report highlights the need for a comprehensive review of the USF program.  GAO found that to strengthen management and oversight of the program, the FCC should establish short-term and long-term performance goals and measures.  GAO also determined that the FCC should implement mechanisms to ensure that expenditures are cost-effective.  Details.

BRS Operators Call July 16 To Look At WiMAX Deployment In Rural Regions
WCA member Sioux Valley Wireless, which recently deployed the first WiMAX network in South Dakota, will share its experience and lessons learned during the next monthly conference call of the WCA's BRS Operators Committee on July 16. Joel Brick, the company's wireless technical director and Committee's chairman, will discuss the advantages of using WiMAX technology in rural regions and share his tips for success with the rest of the group. Also on the call, WCA Counsel Paul Sinderbrand will provide a regulatory update on the issues of interest to BRS operators.

Alvarion Earns USDA WiMAX Rural Development Acceptance
WCAI member Alvarion announced that its 802.16e base stations received U.S. Department of Agriculture (USDA) Rural Development acceptance, according to a company press release.  The acceptance covers the full RAN solution portfolio to include both micro and macro base stations, the variety of CPEs, antennas and mounting systems.  Rural Utilities Service (RUS) acceptance and “Buy American“ status from the USDA are required for operators requesting federal funds from the Rural Broadband Access Loan program for the purpose of purchasing and deploying broadband systems.  From 2001 through 2007, RUS has provided almost $6.5 billion in telecom grants, loans and loan guarantees for rural development.  “Rural Development acceptance of a licensed WiMAX system is something the USDA has never done before,” said DigitalBridge CEO Kelley Dunne, who is also WCAI Director and Chairman of the WCAI’s Rural Broadband Committee.  He continued: “Not only can 2.3 and 2.5 GHz operators across the U.S. now leverage the hundreds of millions of federal dollars available each year for rural broadband access, but they get to do it with the market’s benchmark WiMAX solution for these bands.”  WCAI’s Rural Broadband Committee is scheduled to convene by conference call at 2 p.m. (Eastern U.S. Time) on July 10.  The agenda includes a planned name-change to the Emerging Markets Committee, with operator member reports on a major recent deployment and deal.  To join the committee and call, contact WCAI Liaison Neil Brandvold (Neil@wcai.com).

Evertek, Inc Adds Two Additional Sites In Iowa Serving Rural Areas
Evertek, Inc. a wireless WISP since 1999 has added two additional sites in 2008. One site was added earlier this year in Aurelia, IA with 424 homes passed and an additional site was added in Sioux City, IA. Among some of the services offered to their wireless broadband customers are 2 meg services on PC cards, mobile, nomadic or fixed units. Evertek and it’s partners have over 40 sites in Northwest Iowa serving rural areas. Evertek uses Motorola Expedience on the BRS 2.5 licenses and owns the Fort Dodge, Sioux City and Mason City Basic Trading Areas in Iowa. www.evertek.net

FCC Extends EBS Comment Period Until Sept. 22
The FCC extended the comment and reply deadlines in the Educational Broadband Service (EBS) White Space licensing rulemaking proceeding to Sept. 22 and Oct. 22, respectively. The delay from a July 7 deadline was at the request of the National EBS Association (NEBSA, formerly the National ITFS Association) and the Catholic Television Network (CTN). NEBSA has sought to help the EBS community to come to a consensus on how the FCC should award licenses to fill in the remaining vacant EBS channels and areas, and then try to get agreement from the commercial community and other possible stakeholders.

Rural Broadband Committee Call Examines Recent Deployments And RUS Funding
Recent WiMAX deployments in emerging markets as well as key insights into various broadband funding sources such as RUS will be examined during a conference call of the WCAI's Rural Broadband Committee (RBC) July 10 at 2 p.m. EST. The call will be led by DigitalBridge CEO Kelley Dunne, whose company recently launched the first commercially available Mobile WiMAX network using WiMAX Forum Certified 802.16e equipment in the U.S. with service in Jackson Hole, WY. For more information on the call, please contact WCAI liaison Neil Brandvold.

"One of the benefits of the evolving WiMAX ecosystem is that it will support small and medium-sized towns as well as larger cities."
-- Kelley Dunne, CEO of DigitalBridge Communications, WCAI Director and Chairman of WCAI Rural Broadband Committee

Sioux Valley Wireless Deploys WiMAX Network In Madison, SD
Continuing its recent advances in WiMAX services in rural regions, WCAI member Sioux Valley Wireless deployed WiMAX service to customers in Madison, making it the first city in South Dakota to have access to the technology, reported The Argus Leader. "Sioux Valley WiMAX will do for broadband Internet what cellular phones did for land-line telephones," said Sioux Valley Wireless General Manager and CEO Don Marker. People living within an eight-mile radius of Madison can sign up for the service. The network isn't fully mobile yet, but officials say laptop cards for mobile connections will be released during the first part of 2009. "WiMAX is a better choice for rural areas because you have so much land between people, and you don't have the same number of vertical assets like streetlights and telephone poles that you can hang Wi-Fi access points on," said industry analyst Craig Settles. Details.

FCC Extends Filing Deadlines On EBS White Space Licensing FNPRM
The FCC today granted the request by NEBSA and CTN, which WCA endorsed, for a 75 day extension of the deadlines for comments and reply comments in response to the EBS white space Further Notice of Proposed Rulemaking.  Comments are now due on Sept. 22, replies Oct 22.

Inclusion Of Broadband In USF Urged At House Panel Hearing
Broadband should be included in any effort to revamp the Universal Service Fund (USF), according to testimony Tuesday at a House Telecommunications and Internet Subcommittee hearing on the future of the universal service program. According to TR Daily, there was wide bipartisan agreement that the inclusion of advanced telecommunications services is essential if the U.S. wants to keep pace with other nations when it comes to high-speed Internet service availability. Although lawmakers were short on details on how USF should be reformed. Representatives from rural districts said their constituents should not be left behind just because they live in sparsely populated areas.

FCC And US Department Of Agriculture Announce New Developmens For Rural Broadband
The FCC announced that it and US Department of Agriculture have developed a joint website to provide information on the different technology platforms that can be used to provide broadband service, how to access spectrum for wireless broadband services, government funding for broadband services, relevant FCC and USDA proceedings and initiatives, and data on broadband deployment.  In addition, the site provides instructions on how to locate companies already licensed to provide wireless services in or near specific rural communities, as well as links to other government and private resources related to encouraging broadband opportunities in rural America (including WCAI's website).  This new FCC/USDA web site can be accessed at http://wireless.fcc.gov/outreach/ruralbroadband.

FCC And USDA To Conduct Four Educational Workshops On Rural Broadband
The FCC announced that it and USDA will conduct four educational workshops in Blacksburg, VA, Saginaw, MI, Austin, TX and Phoenix, AZ focused on rural broadband during 2008.  The topics to be covered at the workshops include: the different technology platforms used to provide broadband services, USDA funding for broadband deployment, the FCC’s Rural Health Care Pilot program, and wireless spectrum access.  Dates and registration information are contained in the public notice.

WCA’s BRS Best Practices Committee Approves WiMAX Standard Proposal
The WCA’s BRS/EBS Best Practices Committee voted unanimously today to adopt the first part of a two-part proposal on 5 and 10 MHz WiMAX standard frequencies for the U.S band plan.  The adopted proposal is now a WCA industry standard and will be submitted as a contribution to the WiMAX Forum.  The goal of the WCA BRS/EBS Best Practices Group is to create standards to be included in an Industry-wide Cooperation and Coordination Agreement, addressing the challenges of a flexible use band and defining “Best Practices” to be used to minimize and mitigate interference, as well as to standardize measurement techniques.  For more information, please contact Committee Co-Chairmen George Harter of Clearwire or Harry Perlow of Sprint Nextel.

WCA’s BRS/EBS Working Group Pushes For Greater Protection Of BRS Channel 1 Operations
The WCA’s BRS/EBS Working Group has been working to assure that BRS channel 1 under the new bandplan (2496-2502 MHz) is as useable as possible.  WCA last week filed reply comments in connection with the FCC NPRM that solicits comments on proposals by Globalstar to expand its authority to offer terrestrial wireless broadband services.  In a victory for BRS channel 1 licensees, Globalstar has retreated from its efforts to secure access to 2495-2500 MHz and has agreed to be bound by rules that are protective of BRS channel 1 operations.  But WCA continued to press for even greater protection, including retention of the existing ban on terrestrial operations above 2493 MHz.  The reply comments filed by others are either in line with WCA (including Sprint Nextel, CTIA and Iridium), or merely repeat the same rhetoric presented previously (Globalstar and Open Range).