It's worth noting that the rules are a little different for middle mile 
applicants than last mile applicants

e.g., for the middle mile -- one has to pre-set their wholesale bandwidth rates 
and stay in accordance with the NOFA's non-discrimination rules per the 
application

Keep in mind, if someone with a middle mile project gets an application saying 
that they're going to sell bandwidth for $50 / meg in your rural market with a 
zero setup fee -- adhering to that pricing plan / etc becomes a REQUIREMENT of 
their funding agreement -- so, if you go to them and they then quote you $100 / 
meg, they are in violation of their agreement with the government

Keep in mind, when this happens, it now becomes fraud, and that's considered a 
felony (in addition, the government has the right to de-obligate the entire 
grant, and what that means is that they can demand 100% of the money back)

Also, note that in some cases, the government is a little different than your 
average debtor, in some cases (e.g., tax evasion), not paying the government 
can put you in jail

That sad (or maybe not depending on your perspective?) thing is that there are 
a lot of, IMO "jokers" applying for broadband stimulus funds who move fast and 
loose and think that they can "pull a fast one" over the government -- add in 
the fact that NTIA/RUS have tens of millions of $$$$ budgeted for auditing, I 
would predict that many of them will end up in jail as a result of stimulus

-Charles

-----Original Message-----
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On Behalf 
Of Chuck Bartosch
Sent: Wednesday, September 16, 2009 5:28 PM
To: sarn...@info-ed.com; WISPA General List
Subject: Re: [WISPA] Searchable Map of Stimulus projects

Though it is a requirement (as Tim set out), the requirement doesn't  
really have a lot of teeth in my view. If a competitor doesn't want  
you on, they can design it so it's hard to get on.

For example, a fiber carrier has to have an attachment point built in  
for you to attach at a given location. If there isn't one nearby, well  
tough.

If there is an attachment point but you can't come to terms, it goes  
to arbitration. However, they aren't obligated to give you wholesale  
access...just "attachment", whatever the heck that means. There just  
seems to me to be 100 ways to Sunday for a large carrier to play their  
usual games with this stuff and block the intent.

So basically, based on the wording of the rule, it's hard to see how  
they are going to achieve the intent behind the goal unless the  
provider is willing to and interested in doing so.

Chuck


On Sep 15, 2009, at 10:39 PM, Scottie Arnett wrote:

> 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 <ch...@clarityconnect.com>
> Reply-To: WISPA General List <wireless@wispa.org>
> 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" <aa...@lo-res.org>
>>> To: "WISPA General List" <wireless@wispa.org>
>>> 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)
>>>>
>>>>
>>>>
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>>>
>>>
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>>
>> --------------
>> 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!
>>
>>
>>
>>
>>
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>
> Wireless High Speed Broadband service from Info-Ed, Inc. as low as  
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> Check out www.info-ed.com/wireless.html for information.
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--------------
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!





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