It's an requirement. >From the application:
B. Eligibility Factors ** Applicant understands and agrees to comply with the nondiscrimination and interconnection obligations outlined in the NOFA. ** If applying for a last mile Broadband Infrastructure project, applicant understands and agrees to comply with the last mile coverage obligations as outlined in the NOFA. >From the NOFA: c. Nondiscrimination and Interconnection All Broadband Infrastructure (both BIP and BTOP) applicants, must commit to the following Nondiscrimination and Interconnection Obligations: i. Adhere to the principles contained in the FCC's Internet Policy Statement (FCC 05-151, adopted August 5, 2005); ii. not favor any lawful Internet applications and content over others; iii. display any network management policies in a prominent location on the service provider's web page and provide notice to customers of changes to these policies (awardees must describe any business practices or technical mechanisms they employ, other than standard best efforts Internet delivery, to allocate capacity; differentiate among applications, providers, or sources; limit usage; and manage illegal or harmful content); iv. connect to the public Internet directly or indirectly, such that the project is not an entirely private closed network; and v. offer interconnection, where technically feasible without exceeding current or reasonably anticipated capacity limitations, on reasonable rates and terms to be negotiated with requesting parties. This includes both the ability to connect to the public Internet and physical interconnection for the exchange of traffic. Applicants must disclose their proposed interconnection, nondiscrimination, and network management practices with the application. All these requirements shall be subject to the needs of law enforcement and reasonable network management. Thus, awardees may employ generally accepted technical measures to provide acceptable service levels to all customers, such as caching and application-neutral bandwidth allocation, as well as measures to address spam, denial of service attacks, illegal content, and other harmful activities. In addition to providing the required connection to the Internet, awardees may offer managed services, such as telemedicine, public safety communications, and distance learning, which use private network connections for enhanced quality of service, rather than traversing the public Internet. An awardee may satisfy the requirement for interconnection by negotiating in good faith with all parties making a bona fide request. The awardee and requesting party may negotiate terms such as business arrangements, capacity limits, financial terms, and technical conditions for interconnection. If the awardee and requesting party cannot reach agreement, they may voluntarily seek an interpretation by the FCC of any FCC rules implicated in the dispute. If an agreement cannot be reached within 90 days, the party requesting interconnection may notify RUS or NTIA in writing of the failure to reach satisfactory terms with the awardee. The 90-day limit is to encourage the parties to resolve differences through negotiation. With respect to non-discrimination, those who believe an awardee has failed to meet the non-discrimination obligations should first seek action at the FCC of any FCC rules implicated in the dispute. If the FCC chooses to take no action, those seeking recourse may notify RUS or NTIA in writing about the alleged failure to adhere to commitments of the award. Entities that successfully reach an agreement to interconnect with a system funded under BIP may not use that interconnection agreement to provide services that duplicate services provided by projects funded by outstanding telecommunications loans made under the RE Act. Further, interconnection may not result in a BIP-funded facility being used for ineligible purposes under the Recovery Act. These conditions will apply for the life of the awardee's facilities used in the project and not to any existing network arrangements. The conditions apply to any contractors or subcontractors of such awardees employed to deploy or operate the network facilities for the infrastructure project. Recipients that fail to accept or comply with the terms listed above may be considered in default or breach of their loan or grant agreements. RUS and NTIA may exercise all available remedies to cure the default. d. Last Mile Coverage Obligation An applicant for a Last Mile Broadband Infrastructure project must identify the census block(s) selected for the project and provide documentation supporting the applicant's determination that the proposed funded service area is either unserved or underserved. There is a presumption that the applicant will provide service to the entire territory of each census block included in the proposed funded service area, unless the applicant files a waiver and provides a reasoned explanation as to why providing coverage for an entire census block is infeasible. Applicants may be permitted to serve less than an entire census block under certain conditions. For example, an applicant might request to be relieved of this requirement if the census block exceeds 100 square miles or more or is larger than the applicant's authorized operating territory, e.g., it splits a rural incumbent local exchange carrier's (ILEC's) study area or exceeds the boundaries of a wireless carrier's licensed territory. > -----Original Message----- > From: [email protected] [mailto:[email protected]] On > Behalf Of Scottie Arnett > Sent: Tuesday, September 15, 2009 7:39 PM > To: WISPA General List > Subject: Re: [WISPA] Searchable Map of Stimulus projects > > Does the process explicitly say that an awarded company has to open > their network to competition? Or is this sort of a vague rule? > > Scottie > > ---------- Original Message ---------------------------------- > From: Chuck Bartosch <[email protected]> > Reply-To: WISPA General List <[email protected]> > Date: Tue, 15 Sep 2009 13:06:11 -0400 > > >There is no provision in the rules to protest a plan because you don't > >think it's a good plan. > > > >In fact, there's an OMB circular (from July I believe) that explicitly > >disallows ANY communication until the evaluation process is over about > >individual applications with the grant reviewers OR the agency over > >anything except for contesting an application due to your coverage > >area. I don't think I kept a copy of that circular, but I'm sure you > >can find it on line. > > > >The only exception is if they reach out to you-but they are instructed > >to ignore and refuse any other input. They are bound by law on this. > > > >Just to be clear here, you *could* talk to them in very general terms > >about how the application process worked. But you cannot talk in any > >form about an individual application, yours or anyone else's. > > > >It might sound like I'm nay-saying here, but I'm just pointing out > >what the law allows you to do-and it doesn't allow the approach you're > >suggesting as I understood the circular. > > > >Chuck > > > >On Sep 15, 2009, at 12:28 PM, Tom DeReggi wrote: > > > >> Its also feasible to protest a plan simply because its a poor plan. > >> The > >> NTIA/RUS needs to approve grants for companies that use tax payer > >> money > >> optimally wisely and benefit the public, and > >> adhere to the NOFA rules. If you think you can do a better plan, > >> but didn;t > >> have time to submit it until Round2, why should the ROund1 plan get > >> approved > >> if its less good? > >> And if one doubts the entent of an applicant, we should tell NTIA > >> what we > >> think. We are not only competing providers, but we are also the > >> public that > >> has to pay the taxes 5to fund these projects. > >> > >> I know in my State, there were numerous good applications that > >> targeted > >> truely needy areas, and made an effort to avoid other provider > >> infrastructure. I plan to support those projects. > >> For example only about 20% in my opinion were bad applications that > >> would > >> directly compete with me and other WISPs in their core markets. I > >> plan to > >> protest that 20%. Anyone that was smart would have avoided pre- > >> existing > >> providers or called them a head of time to work benefit for them > >> into the > >> proposal to gain their support. If they didn't do that, they > >> deserve to > >> have their applications protested, in my opinion. > >> > >> As well, if a grant application covers an area that you entended on > >> applying > >> for in Round2, I see no problem in telling NTIA/RUS that, and > >> advising that > >> the Round1 funds are oversubscribed, and Round1 funds should go to > >> projects > >> without alledged conflict of interests first, and at minimum deny > the > >> conflcit of interest applicants until round2, where they can be mroe > >> fairly > >> considered, and so there is more time to gain fact on what is and > >> isn't > >> underserved areas, and consider all potential applicants for the > >> areas. > >> > >> Tom DeReggi > >> RapidDSL & Wireless, Inc > >> IntAirNet- Fixed Wireless Broadband > >> > >> > >> ----- Original Message ----- > >> From: "L. Aaron Kaplan" <[email protected]> > >> To: "WISPA General List" <[email protected]> > >> Sent: Tuesday, September 15, 2009 9:19 AM > >> Subject: Re: [WISPA] Searchable Map of Stimulus projects > >> > >> > >>>> > >>>> > >>>> Seriously? You would categorize government-subsidized broadband > >>>> expansion > >>>> as capitalistic competition? > >>> > >>> > >>> I should have said - receiving some funds and thus increasing the > >>> speed of biz expansion. > >>> I see nothing un-capitalistic per se about receiving funds in order > >>> to > >>> revive the economy. > >>> > >>> The real question however is, will *only* the big boys get > something > >>> thus driving the smaller boys out of biz! > >>> (maybe that is the case in the original posting and I just did not > >>> know it). > >>> > >>> > >>> *If* the stimulus package would be needed in the first place > however, > >>> is of course a completely different topic. > >>> > >>> But seems like I just put my fingers into a wound. Sorry about > that. > >>> Not intended. > >>> > >>> > >>> --- > >>> there's no place like 127.0.0.1, except maybe ::1 (someday) > >>> > >>> > >>> > >>> ------------------------------------------------------------------- > ------------- > >>> WISPA Wants You! Join today! > >>> http://signup.wispa.org/ > >>> ------------------------------------------------------------------- > ------------- > >>> > >>> WISPA Wireless List: [email protected] > >>> > >>> Subscribe/Unsubscribe: > >>> http://lists.wispa.org/mailman/listinfo/wireless > >>> > >>> Archives: http://lists.wispa.org/pipermail/wireless/ > >> > >> > >> > >> -------------------------------------------------------------------- > ------------ > >> WISPA Wants You! Join today! > >> http://signup.wispa.org/ > >> -------------------------------------------------------------------- > ------------ > >> > >> WISPA Wireless List: [email protected] > >> > >> Subscribe/Unsubscribe: > >> http://lists.wispa.org/mailman/listinfo/wireless > >> > >> Archives: http://lists.wispa.org/pipermail/wireless/ > > > >-------------- > >Chuck Bartosch > >Clarity Connect, Inc. > >200 Pleasant Grove Road > >Ithaca, NY 14850 > >(607) 257-8268 > > > >"When the stars threw down their spears, > >and water'd heaven with their tears, > >Did He smile, His work to see? > >Did He who made the Lamb make thee?" > > > > From William Blake's Tiger!, Tiger! > > > > > > > > > > > >---------------------------------------------------------------------- > ---------- > >WISPA Wants You! Join today! > >http://signup.wispa.org/ > >---------------------------------------------------------------------- > ---------- > > > >WISPA Wireless List: [email protected] > > > >Subscribe/Unsubscribe: > >http://lists.wispa.org/mailman/listinfo/wireless > > > >Archives: http://lists.wispa.org/pipermail/wireless/ > >--- > >[This E-mail scanned for viruses by Declude Virus] > > > > > > Wireless High Speed Broadband service from Info-Ed, Inc. as low as > $30.00/mth. > Check out www.info-ed.com/wireless.html for information. > > > ----------------------------------------------------------------------- > --------- > WISPA Wants You! Join today! > http://signup.wispa.org/ > ----------------------------------------------------------------------- > --------- > > WISPA Wireless List: [email protected] > > Subscribe/Unsubscribe: > http://lists.wispa.org/mailman/listinfo/wireless > > Archives: http://lists.wispa.org/pipermail/wireless/ -------------------------------------------------------------------------------- WISPA Wants You! Join today! http://signup.wispa.org/ -------------------------------------------------------------------------------- WISPA Wireless List: [email protected] Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
