I absolutely agree. The open access stuff really only has meaning for  
us on fiber where total capacity is functionally unlimited in a new  
build out.

Chuck

On Sep 19, 2009, at 5:58 PM, Tom DeReggi wrote:

> The issue is that access to bandwidth can only be sold if it is still
> available and not already sold to someon else.
>
> Open Access is very relevent for fiber networks, but for wireless  
> middle
> mile grants, it will be very easy to simply say the capacity has  
> been sold
> already.
>
> Example:
> Grant  winner builds out 300mbps licensed link. Grant winner agrees  
> to open
> access. Grant winner sells 300mbps of capacity to Wholesale partner.
> Grant winner no longer has to sell bandwidth to anyone else, its  
> already all
> been sold.  Wholesale partner reserves it all, and sells it to subs as
> ordered over time. The grant winner itself is subject to the sharing  
> rules,
> but the wholesale partner that capacity was sold to, will not  
> necessarilly
> be subject to sharing.  I see so many possibilities for games, to  
> control
> who does and doesn't get access to the bandwidth.
>
> In our unsubmitted application, we legitimately wanted multiple  
> wholesale
> partners, and pre-defined who we'd sell it to, and pre-allocated  
> capacity
> for that.
> I'm not so sure other grant applicants equally embrace the wholesale  
> open
> access principles. In my mind, I think history should be the ruling  
> factor.
> If someone preveiously whoesaled, they are likely to continue  
> wanting to
> wholesale. If they didn;t before, they probably wont want to  
> afterwords, and
> will likely play games. Just my opinion.
>
> Tom DeReggi
> RapidDSL & Wireless, Inc
> IntAirNet- Fixed Wireless Broadband
>
>
> ----- Original Message -----
> From: "Charles Wu"
> <IMCEAEX-_O=CTI_OU=EXCHANGE+20ADMINISTRATIVE+20GROUP 
> +20+28fydibohf23spdlt+29_cn=recipients_cn=char...@converge-tech.com>
> To: "WISPA General List" <wireless@wispa.org>
> Sent: Saturday, September 19, 2009 2:33 AM
> Subject: Re: [WISPA] Searchable Map of Stimulus projects
>
>
>>> In our case, our competitor applied for a shade under a million  
>>> bucks to
>>> provide middle mile into the area, as in to bring cheaper  
>>> broadband to the
>>> masses.  That doesn't sound like it will benefit us, the cheaper  
>>> broadband
>>> is for their system.
>>
>> If it's a middle mile application, they would be in violation of  
>> their
>> funding contract if they bandwidth wasn't available to you for the  
>> same
>> price that they're buying it for -- IMO, you would win either way
>>
>> 1. You get access to cheap bandwidth for the same price as them
>> 2. They deny you access, you report them to the government, they get
>> audited, shut down, thrown in jail, you have one less competitor,  
>> and you
>> get to buy their system for pennies on the dollar =)
>>
>> -Charles
>>
>>
>> -----Original Message-----
>> From: wireless-boun...@wispa.org [mailto:wireless- 
>> boun...@wispa.org] On
>> Behalf Of Chuck Bartosch
>> Sent: Wednesday, September 16, 2009 6:28 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
>>> $30.00/mth.
>>> 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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--------------
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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