ntia arra stimulus grants: what do we know and …s... · re: ntia arra stimulus grants: what do we...

INTERNATIONAL MUNCIPAL LAWYERS ASSOCIATIN

2010 MID YEAR SEMINAR WASHINGTON, DC

TELECOMMUNICATIONS WORKSHOP

NTIA ARRA STIMULUS GRANTS: WHAT DO WE KNOW AND WHAT’S STILL AHEAD?

Gerard L. Lederer Miller & Van Eaton, P.L.L.C.

1155 Connecticut Avenue N.W., Suite 1000 Washington, DC 20036

(202) 785-0600

www.millervaneaton.com

©2010 International Municipal Lawyers Association. This is an informational and educational report distributed by the International Municipal Lawyers Association during its 2010 Mid Year Seminar, held April 18-20, 2010 in Washington, DC. IMLA assumes no responsibility for the policies or positions presented in the report or for the presentation of its contents.

M I L L E R & V A N E A T O N P. L. L. C.

1155 CONNECTICUT AVENUE, N.W. SUITE 1000

WASHINGTON, D.C. 20036-4320 TELEPHONE (202) 785-0600

FAX (202) 785-1234

MATTHEW C. AMES KENNETH A. BRUNETTI* MARCI L. FRISCHKORN GAIL A. KARISH* NICHOLAS P. MILLER MATTHEW K. SCHETTENHELM JOSEPH VAN EATON *Admitted to Practice in

California Only

OF COUNSEL: JAMES R. HOBSON GERARD L. LEDERER WILLIAM R. MALONE

MILLER & VAN EATON, L.L.P. 580 CALIFORNIA STREET

SUITE 1600 SAN FRANCISCO, CALIFORNIA 94104

TELEPHONE (415) 477-3650 FAX (415) 738-2466

WWW.MILLERVANEATON.COM

MEMORANDUM TO: IMLA Attendees

FROM: Gerard L. Lederer

DATE: March 26, 2010

RE: NTIA ARRA Stimulus Grants: What Do We Know and What’s Still Ahead? As you are probably aware, the NTIA Round 2 due date for applications for Public Computer Center (PCC) and Sustainable Broadband Adoption (SBA) projects was March 15, 2010. The closing deadline for submission of applications for Comprehensive Community Infrastructure (CCI) projects was extended to March 26, 2010. In other words, by the time you read this the deadlines for filing applications will be past. Therefore, my remarks today will focus on what local government attorneys need to be aware of in terms of compliance and due diligence with respect to these stimulus grants. 1) ARRA Reporting Requirements 2) Grant Compliance Requirements 3) BTOP Grants for NOFA Round 1 (current as of March 26, 2010) I have enclosed the above material, although my presentation may not address much of it, as this material was due to IMLA by the end of March. I will be providing updated information to you in Washington. Still, the reporting requirements of the ARRA and the grant compliance requirements will not change.


American Recovery and Reinvestment Act of 2009

(ARRA)

SEC. 1512. REPORTS ON USE OF FUNDS. (a) SHORT TITLE.—This section may be cited as the ‘‘Jobs Accountability Act’’. (b) DEFINITIONS.—In this section:

(1) RECIPIENT.—The term ‘‘recipient’’—

(A) means any entity that receives recovery funds directly from the Federal Government (including recovery funds received through grant, loan, or contract) other than an individual; and

(B) includes a State that receives recovery funds.

(2) RECOVERY FUNDS.—The term ‘‘recovery funds’’ means any funds that are made

available from appropriations made under this Act. (c) RECIPIENT REPORTS.—Not later than 10 days after the end of each calendar quarter, each recipient that received recovery funds from a Federal agency shall submit a report to that agency that contains—

(1) the total amount of recovery funds received from that agency;

(2) the amount of recovery funds received that were expended or obligated to projects or activities; and

(3) a detailed list of all projects or activities for which recovery funds were expended or obligated, including—

(A) the name of the project or activity; (B) a description of the project or activity; (C) an evaluation of the completion status of the project or activity;

(D) an estimate of the number of jobs created and the number of jobs retained by the project or activity; and

MILLER & VAN EATON, P.L.L.C.

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(E) for infrastructure investments made by State and local governments, the purpose, total cost, and rationale of the agency for funding the infrastructure investment with funds made available under this Act, and name of the person to contact at the agency if there are concerns with the infrastructure investment.

(4) Detailed information on any subcontracts or subgrants awarded by the recipient to include the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109–282), allowing aggregate reporting on awards below $25,000 or to individuals, as prescribed by the Director of the Office of Management and Budget.


GRANT COMPLIANCE REQUIREMENTS

Reprinted from http://www.broadbandusa.gov/compliance.htm

There are many federal and programmatic rules that govern BTOP/BIP Grants. We recommend applicants familiarize themselves with all applicable regulations and requirements and the various phases of compliance. Below you'll find citations and URLs to some of the key federal rules. It is very important that you read the NOFA and familiarize yourself with the underlying federal regulatory requirements at the outset as you prepare to receive your grant funding. Failure to comply with applicable federal rules and regulations may subject your application to denial, amendment or deobligation. It is our goal to help you achieve success.

BTOP Compliance Training Presentation

Useful Links to Key Department of Commerce (DOC) Grants Policy Documents

DOC Pre-Award Notification Requirements

DOC Standard Terms and Conditions, March 2008

DOC ARRA Standard Terms and Conditions, May 2009,

Federal Funding Accountability and Transparency Act of 2006

General Indirect Cost Rate Program Guidelines for Grantee Organizations

DOC Uniform Administrative Requirements

15 CFR Part 14 for Institutions of Higher Education, Hospitals, other Non-Profit and Commercial Organizations

15 CFR Part 24 for State, Local and Indian Tribal Governments

Cost Principles

48 CFR Part 31.2 for For Profit Entities

2 CFR Part 220 (OMB Circular A-21) for Higher Education Institutions


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2 CFR Part 230 (OMB Circular A-122) for Non-Profit Organizations

45 CFR Part 74(E) for Hospitals

2 CFR Part 225 (OMB Circular A-87) for State, Local, and Indian Tribal Governments

Audit Requirements

OMB Circular A-133 for Higher Education, Non-Profit, Hospitals, and State, Local, and Indian Tribal Governments

Revised Audits of States, Local Governments and Non-Profit Organizations,

Audits of States, Local Governments and Non-Profit Organizations, June 26, 2007

OMB Circular A-133, Compliance Supplement, March 2009

Compliance Supplement Addendum #1

NTIA BTOP Program Specific Audit Requirements for For-Profit Entities

(still under development)

RUS BIP Audit Requirements for For-Profit Entities

BTOP/BIP Environmental Requirements

Environmental Review Process Helpful Guidance

Environmental Guidance to Applicants

Additional Useful Links Related to Environmental Compliance

Advisory Council on Historic Preservation for information regarding compliance with Section 106 of NHPA and its implementing regulations (36 CFR Part 800)

Bureau of Land Management (U.S. Department of the Interior) for issues related to public lands

President's Council on Environmental Quality (CEQ) Website for NEPA issues

CEQ's site for guidance and information concerning NEPA requirements


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U.S. Environmental Protection Agency's site for general regulatory environmental information

U.S. Environmental Protection Agency's Regional Office contacts

U.S. Environmental Protection Agency's Sole Source Aquifer Protection Program

Federal Emergency Management Agency (FEMA) for regional information related to flood plain development issues

U.S. Fish and Wildlife Service (U.S. Department of the Interior) for issues related to threatened and endangered species and other wildlife/avian species

U.S. Forest Service (U.S. Department of Agriculture) for issues related to proposals on National Forest Systems Lands

Local Emergency Planning Committee Database website (for hazardous materials)

National Association of Tribal Historic Preservation Officers contact information

National Conference of State Historic Preservation Officer's contact information

National Register of Historic Places website

National Wild and Scenic Rivers Program

National Oceanographic and Atmospheric Administration (NOAA) Coastal Zone Management Program for information on coastal development issues

NOAA's National Marine Fisheries Service for Endangered Marine Species

U.S. Army Corps of Engineers wetlands information

U.S. Army Corps of Engineers Wetlands Delineation Manual

USDA Environmental Guidance

USDA Rural Utilities Service environmental review information

Environmental Policies and Procedures

Scoping Guide for RUS Funded Projects Requiring Environmental Assessments with Scoping and Environmental Impact Statements


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BTOP and ARRA Reporting Requirements

BTOP Reporting Requirements

See BTOP NOFA

ARRA Reporting Requirements

OMB Guidelines

Webinar Training Materials on ARRA Reporting

Department of Commerce Recovery Act Site


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BTOP GRANTS FOR NOFA ROUND 1

Current as of March 26, 2010

Broadband Infrastructure Projects Grants:

Arizona, New Mexico, and Utah - Navajo Tribal Utility Authority: $32.2 million broadband infrastructure grant with an additional $13.8 million applicant-provided match to bring highspeed affordable broadband services to the Navajo Nation by deploying 550 miles of new aerial fiber-optic cable and 59 new or modified microwave towers covering 15,000 square miles in three states. The proposed service area has rugged terrain and significant poverty, and more than 60 percent of residents lack basic telephone service. The project expects to directly connect 49 Chapter Houses, which serve as community centers for the Navajo population, at speeds from 10 Mbps to 10 Gbps. Last-mile wireless services will be offered at speeds between 1 and 3 Mbps through the project’s wireless partner, Commnet Wireless. Navajo People

California: $3.3 million broadband infrastructure grant with an additional $1.1 million applicant-provided match to build 11 new access points on Level 3’s existing broadband network. These additional points of interconnection – essentially on-ramps to the Internet – will offer broadband speeds between 50 Mbps and 10 Gbps on an open and nondiscriminatory basis to local Internet service providers, enabling them to provide enhanced broadband capabilities to as many as 240,000 households, 9,900 businesses, and 240 anchor institutions, including schools, government agencies, and healthcare providers. Expanding Broadband Access Across California

Florida: $30.1 million grant with an additional $9.2 million applicant–provided match to bring high-speed broadband services to underserved areas in 14 North Central Florida counties through the deployment of a 1,200-mile fixed wireless broadband network which will enhance economic development, education, and public services throughout the region. The network plans to directly connect more than 300 community anchor institutions at speeds of 10 Mbps to 1 Gbps. These anchor institutions include public schools, universities, libraries, healthcare facilities, public safety organizations, and government agencies. The project, which was jointly created by the area’s local governments, will utilize 128 existing wireless towers and sites, and is designed to withstand the weather hazards endemic to the region. Ubiquitous Middle Mile

Florida: $2.1 million broadband infrastructure grant with an additional $689,000 applicant-provided match to build seven new access points on Level 3’s existing broadband network. These additional points of interconnection will offer broadband speeds between 50 Mbps and 10 Gbps on an open and nondiscriminatory basis to local Internet service providers, enabling them to provide enhanced broadband capabilities to as many as 180,000 households, 12,300 businesses, and 100 community anchor institutions, including schools, government agencies, and healthcare providers. Expanding Broadband Access Across Florida


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Georgia: $13.5 million broadband infrastructure grant with an additional $4.5 million applicant-provided match to build a 220-mile, county-wide fiber network to connect nearly 150 community anchor institutions and enhance healthcare, public safety, and government services throughout the region. The project plans to facilitate the creation of a high-capacity data center at the Medical College of Georgia, support a sophisticated county-wide traffic and water control system, enable 60 free Wi-Fi hotspots in public locations, and construct five wireless towers to enhance public safety communications as well as improve wireless communications capabilities throughout the region. Columbia County Community Broadband Network

Georgia: $1.4 million broadband infrastructure grant with an additional $476,000 applicant-provided match to build four new access points on Level 3’s existing broadband network. These additional points of interconnection will offer broadband speeds between 50 Mbps and 10 Gbps on an open and nondiscriminatory basis to local Internet service providers, enabling them to provide enhanced broadband capabilities to as many as 198,000 households, 13,000 businesses, and 190 anchor institutions, including schools, government agencies, and healthcare providers. Expanding Broadband Access Across Georgia

Georgia: $33.5 million grant to enable a new technology-based economy in North Georgia by deploying a 260-mile regional fiber-optic ring to deliver gigabit broadband speeds, reliability, affordability, and abundant interconnection points for last mile service. The project intends to improve broadband service in underserved areas and stimulate economic growth and job creation in eight counties in the North Georgia foothills. The North Georgia Network project would make broadband more readily available to 42,000 households, 9,200 businesses, and 367 community anchor institutions. North Georgia Network

Idaho: $2.4 million grant with an additional $600,00 applicant-provided match to build a regional network of 10 microwave towers to extend high-capacity Internet service in the rural counties of Latah, Idaho, Clearwater, Lewis, and Nez Perce in north-central Idaho. The project intends to directly connect 42 anchor institutions, including healthcare facilities, emergency response agencies, libraries, and government offices, as well as institutions serving the Nez Perce Tribe.. Central North Idaho Regional Broadband Network Expansion

Indiana: $25.1 million grant with an additional $10.7 million applicant-provided match to directly connect 21 Ivy Tech Community College campuses to the state’s existing high-speed network for education and research, known as the I-Light network. The Ivy Tech Community College is Indiana’s largest higher education institution with over 130,000 students, and is the largest singly accredited community college system in the nation. The project plans to deploy a 626-mile fiber-optic network to provide 1 Gbps to 10 Gbps connections between the newly-connected Ivy Tech campuses and the 42 colleges and universities already on the I-Light network, which will advance research, education, and economic opportunities throughout Indiana. In addition, the project expects to spur affordable broadband service to local consumers in more than 100 communities along the route, over 70 percent of which are in underserved


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areas, by allowing local Internet service providers to connect to the project’s open network. Indiana Middle Mile Fiber for Schools, Communities, and Anchor Institutions

Illinois: $11.9 million grant will allow a partnership between the DeKalb County Government, Northern Illinois University, and DeKalb Fiber Optic to deploy a 130-mile fiber-optic network across DeKalb County and northern LaSalle County. The project expects to provide high-speed Internet connections between 10 Mbps to 10 Gbps to at least 60 anchor institutions, such as schools, hospitals, libraries, public safety entities, and numerous government agencies. The project will also enable broadband providers to interconnect with these facilities to provide broadband to households and businesses in unserved and underserved communities. The project design includes five networks overlaid on the fiber optic system— each network will be designed to meet the needs of a specific community: education and libraries, healthcare, the farming community, government and emergency services, and business and economic development. DeKalb Advancement of Technology Authority Broadband

Illinois: $22.5 million broadband infrastructure grant with an additional $6.8 million applicant-provided match to construct 187 miles of fiber-optic broadband network in Urbana, Champaign, and Savoy to provide high-speed connectivity to community anchor institutions and support fiber-to-the-home services in four low-income neighborhoods. The project expects to provide speeds of at least 100 Mbps to directly connect 143 anchor institutions, including schools, social service agencies, healthcare facilities, youth centers, public library systems, and higher education institutions. Urbana-Champaign Big Broadband

Indiana: $14.3 million broadband infrastructure grant with an additional $4 million applicant-provided match to improve educational opportunities for an estimated 290,000 students and library patrons by deploying 560 miles of fiber that will deliver 100 Mbps connections to 145 public schools and libraries. In addition, the project expects to spur affordable broadband Internet service for as many as 200,000 households, 30,000 businesses, and 630 community anchor institutions by enabling local Internet providers to connect to the project’s open network. Broadband Access and Equity for Indiana Community Anchor Institutions

Kansas: $998,000 broadband infrastructure grant with an additional $333,000 applicant-provided match to build four new access points on Level 3’s existing broadband network. These additional points of interconnection will offer broadband speeds between 50 Mbps and 10 Gbps on an open and nondiscriminatory basis to local Internet service providers, enabling them to provide enhanced broadband capabilities to as many as 50,000 households, 3,600 businesses, and 150 community anchor institutions, including schools, government agencies, and healthcare providers. Expanding Broadband Access Across Kansas

Louisiana: $80.6 million broadband infrastructure grant where collaboration among six state agencies, plans to deploy more than 900 miles of fiber-optic network to expand broadband Internet service in some of the most economically distressed regions of Louisiana. The new network intends to provide direct connections for more than 80 community anchor institutions


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including universities, K-12 schools, libraries, and healthcare facilities. The 3,488-square-mile service area includes 12 impoverished parishes targeted by the state’s Louisiana Delta Initiative and a separate five-parish area that is home to four federally-recognized American Indian Tribes. The new network would connect to the Louisiana Optical Network Initiative (LONI), a more than 1,600 mile fiber-optic network that connects Louisiana and Mississippi research universities to National LambdaRail and Internet2. Louisiana Broadband Alliance

Maine: $25.4 million broadband infrastructure grant to create an open access fiber-optic network extending to the most rural and disadvantaged areas of the state of Maine linking the unserved and underserved areas of the state together with a modern communications network. The project proposes a 1,100-mile network that will pass through more than 100 communities and make broadband more readily available to 110,000 households, 600 community anchor institutions, and a number of last mile service providers. The public-private partnership expects to provide 100 Mbps broadband capabilities for University of Maine campuses, community colleges, government facilities, public safety departments, the MaineREN research and education network, and rural healthcare clinics and hospitals. Three Ring Binder

Massachusetts: $32 million broadband infrastructure grant with an additional $8.3 million applicant-provided match to deploy 350 miles of fiber and over 100 miles of microwave broadband network links in the Cape Cod region, directly connecting more than 70 anchor institutions, including emergency shelters, libraries, colleges, academic research facilities, and town or public safety facilities. These anchors would receive 100 Mbs service, allowing them to support a wide range of economic, educational, public safety, and healthcare-related applications. OpenCape Corporation Middle Mile Project

Michigan: $33.2 million grant with an additional $8.3 million applicant-provided match to build a 955-mile advanced fiber-optic network through underserved counties in Michigan’s Lower Peninsula to serve institutions, businesses and households. The project will extend Merit’s 1600 miles of existing network and intends to directly connect 44 anchor institutions including libraries, universities, community colleges, and community health care centers. The open design of the proposed expansion enables all service providers to directly connect to the network to make broadband more easily available to more than 886,000 households, 45,800 businesses, and 422 anchor institutions. In addition, the proposed service area includes 86 government organizations, 69 K-12 institutions, 63 public library systems, 58 major healthcare facilities, and 50 higher education locations. Merit Network, Inc. (PDF 541 Kb)

New Mexico and Texas: $11.2 million grant will serve to enhance broadband capabilities for critical community anchor institutions in eastern New Mexico and west Texas by lighting a more than 1,600-mile ring of fiber and constructing 74 miles of new fiber in five communities. The project plans to connect more than 200 anchor institutions – including educational institutions, public safety organizations, healthcare facilities, and government agencies – at speeds of up to 1 Gbps. In addition, the network intends to offer wholesale services and facilitate broadband


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expansion to an estimated 20 communities and an area with nearly 700,000 homes, over 36,000 businesses, and 263 anchor institutions. ENMR-Plateau Middle Mile - $11.2 million

New York: $39.7 million grant to build 10 new segments of fiber-optic, middle mile broadband infrastructure, serving more than 70 rural communities in upstate New York and parts of Pennsylvania and Vermont. The ION project plans to construct a 1,308-mile network to offer broadband speeds of one to 10 Gbps to serve more than 300 anchor institutions and immediately connect more than 100, including libraries, state and community colleges, state and county agencies, and health clinics. ION plans to extend its relationship with the New York State Office for Mental Health, along with the Basset Hospital and Healthcare System, to expand many of its telemedicine practices. ION Upstate New York Rural Broadband Initiative

North Carolina: $28.2 million grant with an additional $11.7 million applicant-provided match to build a 494-mile, middle-mile broadband network serving almost one half the population of North Carolina in 37 counties. The new fiber network proposes to increase the existing bandwidth by 10 to 20 times in underserved areas and will connect to 685 miles of existing infrastructure in the urbanized central region of the state, expanding the reach of the North Carolina Research and Education Network (NCERN). Currently, NCREN provides backbone and ISP services to community anchor institutions, including the entire public University of North Carolina system, all public K-12 schools in the state, a majority of the independent colleges and universities and 20 of the 58 institutions in the North Carolina Community College System. MCNC

Ohio and Pennsylvania: $6.1 million broadband infrastructure grant with an additional $1.5 million applicant-provided match to create a 382-mile fiber ring with 10 gigabits of capacity through the counties of Geauga, Ashtabula, and Trumbull in Northeastern Ohio, and the counties of Erie, Crawford, and Mercer in Northwestern Pennsylvania. The project plans to deploy 342 miles of new fiber and 40 miles of leased fiber to directly connect an estimated 60 community anchor institutions at speeds from 10 Mbps to 1 Gbps, including hospitals, schools, public safety agencies, colleges, and libraries. Northeastern Ohio and Northwestern Pennsylvania Fiber Ring Project

Oregon: $8.3 million broadband infrastructure grant with an additional $2.1 million applicant-provided match to enhance an existing fiber-optic backbone and deploy 124 miles of fiber-optic network that will deliver broadband capabilities across three large, mostly rural counties and the Klamath Tribal region in Western Oregon. The project plans to enhance education, healthcare delivery, job training, and government services by providing 100 Mbs connections for more than 100 community anchor institutions, including medical centers, public safety entities, schools, community colleges and libraries. Oregon South Central Regional Fiber Consortium Lighting the Fiber Middle Mile Project

Pennsylvania: $99.7 million broadband infrastructure grant with an additional $29 million applicant-provided match to the Pennsylvania Research and Education Network (PennREN)


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project which is a partnership of leading universities, healthcare providers, library associations, and other key institutions. PennREN will be a nearly 1,700-mile fiber network that expects to expand broadband Internet access and directly connect 60 critical community anchor institutions in 39 counties across South and Central Pennsylvania. These anchor institutions include public and private universities, K–12 schools, public libraries, public broadcasting facilities, and medical facilities. Wholesale services offered are expected to spur the offering of affordable broadband access for more than 2 million households, more than 200,000 businesses, and nearly 1,700 additional anchor institutions. Pennsylvania Research and Education Network (PennREN)

Pennsylvania: $28.8 million grant with an additional $7.2 million applicant-provided match to increase broadband Internet connection speeds for community anchor institutions and underserved areas isolated by difficult, mountainous terrain across the northern half of the state. The project will leverage Pennsylvania’s existing microwave public safety communications network by adding a parallel 150 Mbps Ethernet backbone stretching 649 miles across the state, as well as 612 miles of fixed wireless links. The Commonwealth, working with last mile providers, expects to connect at least 530 anchor institutions to this shared backbone and the public Internet. The project will enhance the interoperability of public safety communications across the region, improve health and safety services, and allow emergency medical service providers to connect to trauma and medical specialists quickly and reliably. Enhancing Connectivity in Northern Pennsylvania

Puerto Rico: $12.9 million broadband infrastructure grant with an additional $3.4 million applicant-provided match to deploy a multifaceted 515 mile network that will include both wireless and fiber connections in some of the neediest areas of Puerto Rico. The project plans to directly connect nearly 250 anchor institutions including schools, hospitals, municipal facilities, police stations and libraries. It will also facilitate new or improved broadband Internet access for local consumers, including up to 300 anchor institutions, 136,000 households, and 600 businesses and industrial centers, by enabling local service providers to connect to the project’s open network. Construction of Broadband Infrastructure for the Central East Region of Puerto Rico

South Dakota: $20.6 million grant to a partnership of 27 independent telecom providers which proposed Project Connect South Dakota to add 140 miles of backbone network and 219 miles of middle mile spurs to SDN’s 1,850-mile fiber-optic network. This improvement in the network proposes to enable the delivery of at least 10 Mbps service to more than 220 existing anchor institution customers in rural and underserved areas of the state. The network also intends to connect more than 300 new anchor institutions, including public middle and high schools, libraries, universities, hospitals, clinics, public safety agencies, courthouses, government buildings, and National Guard facilities. Project Connect South Dakota

Tennessee: $9.4 million broadband infrastructure grant with an additional $2.3 million applicant-provided match to provide a 544-mile high-capacity fiber-optic broadband network that will provide high-speed connections for more than 50 community anchor institutions in five


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Eastern Tennessee communities, from Chattanooga through Knoxville to Johnson City and Bristol. The project expects to spur more affordable broadband Internet access for over 34,000 households, 5,000 businesses, and 270 anchor institutions by allowing local Internet providers to connect to the project’s open network. East Tennessee Middle Mile Fiber Broadband Project

Tennessee: $1.3 million broadband infrastructure grant with an additional $432,000 applicant-provided match to build four new access points on Level 3’s existing broadband network. These additional points of interconnection will offer broadband speeds between 50 Mbps and 10 Gbps on an open and nondiscriminatory basis to local Internet service providers, enabling them to provide enhanced broadband capabilities to as many as 188,000 households, 9,600 businesses, and 150 community anchor institutions, including schools, government agencies, and healthcare providers. Expanding Broadband Access Across Tennessee

Texas: $4.7 million broadband infrastructure grant with an additional $1.6 million applicant-provided match to build 17 new access points on Level 3’s existing broadband network. These additional points of interconnection will offer broadband speeds between 50 Mbps and 10 Gbps on an open and nondiscriminatory basis to local Internet service providers, enabling them to provide enhanced broadband capabilities to as many as 400,000 households, 21,000 businesses, and 214 community anchor institutions, including schools, government agencies, and healthcare providers. Expanding Broadband Access Across Texas

Utah: $13.4 million grant will enhance and expand the Utah Education Network (UEN) by deploying fiber-based Ethernet broadband services to 130 anchor institutions across the state, including elementary schools, public libraries, charter schools, and Head Start centers. The project expects to enable these anchor institutions to move from copper-based T1 or slower connections to fiber-based Ethernet broadband connections with speeds of 10 to 100 Mbps. The UEN currently coordinates and supports the telecommunications needs of more than 300 community anchor institutions across Utah. Utah Anchors: A Community Broadband Project

Virginia: $16.0 million grant will add 465 miles of new fiber to an existing 800-mile fiber network, focused on directly connecting 121 K-12 schools, a majority of which are in unserved and underserved areas of southern Virginia. The expanded fiber network expects to improve connection speeds for these schools from 1.5 Mbps to at least 10 Mbps, with a goal of 100 Mbps. The new fiber connections are expected to allow these schools, many in isolated areas, to take advantage of distance learning and virtual classroom opportunities. Mid-Atlantic Broadband Cooperative – Southern Virginia

Virginia: $5.5 million grant to the Virginia Tech Foundation (VTF) to construct a 110-mile open access fiber-optic network VTF is partnering with Mid-Atlantic Broadband Cooperative (MBC) to extend the Cooperative's fiber-optic footprint to unserved and underserved communities in the Appalachian region. The resulting network would cross six counties in Virginia’s Appalachian region and provide direct high-speed connections to Virginia Tech’s


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main campus in Blacksburg and the Virginia Tech Carilion School of Medicine in Roanoke. Virginia Tech Foundation, Inc.

Virginia: $1.8 million broadband infrastructure grant with an additional $457,000 applicant-provided match to enhance and expand broadband Internet services in areas of rural Nelson County, Virginia by deploying 31 miles of new fiber and four new wireless tower sites, and directly connecting 13 community anchor institutions. The anchor institutions receiving direct connections to the new network are expected to include seven county government facilities, four K-12 schools, a library, and the Blue Ridge Medical Center. Nelson County Virginia Broadband Project Virginia: $1.6 million broadband infrastructure grant with an additional $412,000 applicant-provided match to deploy a 39-mile fiber network that will serve the four principal towns in Page County, Virginia, a rural and underserved area in the Shenandoah region of Western Virginia. The network expects to directly connect 29 anchor institutions including, 11 K-12 schools, three libraries, six healthcare facilities, Lord Fairfax Community College, and eight public safety institutions. Page County Broadband Project

Washington: $84.3 million grant to enhance education and health care access for residents across Washington State by expanding an existing high-speed network with an additional 830 miles of fiber and eight new microwave sites. The expanded network is expected to directly connect 123 anchor institutions in 18 counties, and deliver new and enhanced broadband capabilities to some of the more remote regions of the state. Specifically, the project plans to provide speeds of at least 100 Mbps to 57 libraries, 22 government facilities, 38 medical centers, two tribal service centers, and four community colleges. Northwest Open Access Network (NoaNet)

West Virginia: $3.2 million broadband infrastructure grant with an additional $814,000 applicant-provided match to build a 177-mile high-capacity fiber-optic network to Hardy County, West Virginia, a sparsely populated region of the state with difficult terrain. The project intends to connect an estimated 35 anchor institutions, such as emergency agencies, government offices, libraries, and colleges, as well as spur more affordable high-speed Internet service for up to 1,900 households and 190 businesses by enabling local Internet service providers to connect to the project’s open network. Hardy AnchorRing

West Virginia: $126.3 million broadband infrastructure grant with an additional $5.7 million applicant-provided match to bring high-speed Internet access to this vastly underserved region by expanding the state’s existing microwave public safety network and adding about 2,400 miles of fiber. The expanded statewide network expects to directly connect more than 1,000 anchor institutions, including public safety agencies, public libraries, schools, government offices, and other critical community facilities at speeds of up to 45 Mbps. As a result of this project, every K–12 school in the state will have a high-speed Internet connection. In addition, access to healthcare, distance learning opportunities, and broadband and video applications for emergency


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first responders will be greatly expanded. The project intends to spur affordable broadband service impacting more than 700,000 households, 110,000 businesses, and 1,500 anchor institutions, by allowing local Internet service providers to connect to the project’s open network. West Virginia Statewide Broadband Infrastructure Project

Wisconsin: $5.1 million broadband infrastructure grant with an additional $3.7 million applicant-provided match to deploy more than 100 miles of fiber-optic infrastructure to provide high-capacity broadband Internet connections for community anchor institutions, and enable last-mile broadband services throughout the Madison, Middleton, and Monona, Wisconsin region. The project expects to directly connect nearly 100 community anchor institutions, including schools, public safety organizations, and a community college, at speeds of up to 10 Gbps. Metropolitan Unified Fiber Network

Wisconsin: $22.9 million infrastructure grant with an additional $5.7 million applicant-provided match to directly connect 385 libraries, 74 school districts, and eight community colleges (including two tribal colleges) to the existing high-speed BadgerNet Converged Network by deploying 203 miles of new fiber-optic facilities to replace inadequate copper infrastructure in predominantly rural areas. The BadgerNet Converged Network is the largest state network of its kind in the United States and currently provides connectivity to more than 2,300 state and local government agencies, schools, libraries, and healthcare facilities. The additional fiber connections are expected to upgrade 17 percent of the state’s schools and 81 percent of the state’s libraries to broadband speeds of between 20 Mbps and 100 Mbps, strengthening their ability to serve underserved communities throughout the state. Wisconsin’s Education and Library Broadband Infrastructure Buildout

Public Computer Center Projects:

Arizona: $1.3 million public computer center grant to enhance existing facilities in more than 80 public libraries throughout Arizona. The project expects to deploy more than 1,000 computers across the state to meet the growing demand for public computers and broadband access. The Arizona State Library plans to partner with a variety of government, not-for-profit, and tribal organizations. The Arizona State Library expects 84 public computer centers to serve more than 75,000 users per week or more than 450,000 residents throughout the term of the grant. Arizona Public Computer Centers

Arizona, California, Colorado, Idaho, Maryland, Minnesota, Missouri, New Mexico, Pennsylvania, and Texas - Mission Economic Development Agency: $3.7 million public computer center grant with an additional $2.5 million applicant-provided match to create 12 new public computer centers and expand five existing ones in Phoenix, Ariz.; Canoga Park, Los Angeles, and San Francisco, Calif.; Del Norte, Colo.; Blackfoot, Idaho; Wheaton, Md.; Minneapolis, Minn.; Kansas City, Mo.; Anthony, NM; Philadelphia, Pa.; and San Antonio and Laredo, Texas. Each center expects to operate on the project’s centrally managed network and provide computer training and adult education to a low broadband adoption, high unemployment


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target population through a standardized English-Spanish training curriculum. Latino Microenterprise Tech Net

California (Los Angeles): $7.5 million public computer center grant to expand and upgrade 188 public computer centers at libraries, workforce centers, parks, and youth and family centers in low-income and non-English- speaking communities in the city of Los Angeles. The city expects to purchase 2,741 new computers, including 2,609 workstations and 132 laptops. The majority of the 188 proposed centers will be located in or within three miles of federal and state designated “Enterprise Zones.” Los Angeles’ Computer Access Network

California: $1.2 million public computer center grant with an additional $500,000 applicant-provided match to expand and enhance the services of five public computer centers located in public housing developments in San Bernardino County, California. Currently, the computer centers are open only to public housing residents and Section 8 recipients, have extremely limited hours, and receive slow Internet service. With this grant, the centers expect to add 25 new computer workstations (an increase of 50 percent), open to the general public, increase broadband speeds at each center, and extend operating hours to 60 hours per week. In addition, the project will provide three types of training for public housing residents, low income populations, children, and the general public: basic computer literacy workshops, 9-week long workforce skill building courses, and in-depth online occupational training. Transforming Neighborhood Network Centers for Job Creation and Broadband Access

Louisiana: $1.4 million public computer center grant with an additional $436,000 applicant-provided match to install 81 new videoconferencing stations, and enhance the user experience at 19 existing stations that serve people who are deaf and hard of hearing in Northwest Louisiana, and individual sites in Alabama, California, and Texas. The project intends to use broadband and videoconference technology to provide on-demand, cost-effective sign language interpretation at community anchor institutions such as hospitals, courts, public safety agencies, shelters, schools, and libraries. AccessAmerica Video Remote Interpreting

Louisiana: $8.8 million public computer center grant with an additional $2.4 million applicant-provided match to deploy more than 760 computer workstations to meet the needs of every library in the state library system. The program will encompass 340 libraries in 64 parishes. In addition, the project expects to establish wireless hotspots and deliver broadband speeds of up to 100 Mbps in each location, and will deploy four mobile computer and training labs to provide enhanced broadband training opportunities to deliver targeted Internet and job skills training to remote areas. The public computer centers are expected to serve an additional 42,000 users per week. Louisiana Libraries Connecting People to Their Potential

Massachusetts: $699,000 public computer center grant with an additional $541,000 applicant-provided match to reopen and expand three public computer centers that serve approximately 10,000 public housing residents, including low-income households, immigrants, seniors, and minorities. The Cambridge Housing Authority intends to replace 24 workstations and add 16


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new ones at the centers to serve an expected 420 new users per week with access to broadband technology, computer courses, job training, and literacy programs. Cambridge Housing Authority Community Computer Centers

Massachusetts (Boston): $1.9 million public computer center grant to expand computer and Internet capacity at the city’s main library and 25 branches, 16 community centers, and 11 public housing sites. A majority of project sites are expected to be in the city’s lowest income areas, and plan to offer before- and after-school, job readiness, enrichment, workforce development, and alternative education programs. The project intends to provide computer access and training for students, seniors, limited-English speaking residents, and people with disabilities with 379 workstations and laptops. An estimated 18,700 people will be served per week at the 53 public computer centers. City of Boston Public Computing Centers

Maryland: $932,000 public computer center grant with an additional $275,000 applicant-provided match to provide broadband access and computer education to the Coppin Heights-Rosemont community, a low-income neighborhood in Baltimore, Maryland with a high minority population. Consistent with the community’s existing revitalization plan, Coppin State University will establish a 60-workstation computer center for use by the local community, and anticipates offering 15 training and educational courses on a regular basis, serving more than an estimated 500 users per week and more than 12,000 unique users within two years. Coppin Heights-Rosemont Family Computer Center: Creating Jobs and Improving Education and Health

Michigan: $895,482 public computer center grant with an additional $235,000 applicant-provided match to expand 84 existing library computer centers and establish four new public computer centers that serve 15 underserved counties with high unemployment rates. The project expects to add 500 new workstations at public computer centers throughout the state, serving nearly 13,000 additional users per week. The project involves major state government programs including the Michigan Economic Development Corporation, and Michigan Works! Association for job retraining, and local and county government programs to expand training and business support services. Michigan State University

Minnesota (Minneapolis/St. Paul): $2.9 million public computer center grant to enhance broadband awareness and use for residents in four federally-designated poverty zones in Minneapolis and St. Paul. The project plans to establish one new public computer center and improve 10 existing computer centers, adding 93 new workstations and replacing 49 existing workstations. The Broadband Access Project expects to provide broadband training to vulnerable, low-income, minority and immigrant populations to promote education, health care, workforce preparation and community revitalization. Plans include providing training to residents, not-for-profit organizations and small businesses to help create jobs and develop the skills necessary to compete in today’s economy. The project expects to train 17,000 people over the life of the grant. Broadband Access Project


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Nevada: $4.7 million public computer center grant to expand the capacity of 14 public computer centers and create 15 new computer centers in public housing developments and community and senior centers throughout the most economically disadvantaged communities in Clark County, Nevada. The 29 centers will offer computer classes, job training and certification programs, and community health programs through local partner organizations. Overall, the project expects to replace about 100 workstations and add more than 90 new ones, enabling the centers to increase the number of users served from approximately 1,600 to 4,600 per week. The 29 public computer centers will be located to serve vulnerable populations in public housing developments, low-income and high unemployment communities, and senior centers. Access to Computer Technology and Instruction in Online Networking (ACTION) (PDF)

New Mexico: $176,000 public computer center grant with an additional $52,000 applicant-provided match to expand the capacity of one public computer center and create an additional public computer center at two public housing sites, offering broadband access and computer training to low-income families, minorities, disadvantaged youth, disabled, and elderly Santa Fe residents. The project expects to add 13 new broadband workstations and replace seven workstations, enabling the centers to increase the number of users served per week from 27 to 135. Santa Fe Civic Housing Authority Public Computer Labs

New York: $9.5 million public computer center grant with an additional $5.4 million applicant-provided match to provide approximately 860 computers in 30 libraries and five mobile training centers across 41 economically distressed Upstate New York counties. The project is designed to address unemployment, a lack of affordable broadband services, education, training, and technical support, and to increase access to essential e-government and other online resources necessary to facilitate work, health care, education, and citizenship. At every site, the project expects to implement comprehensive workforce development and skills-orientated adult education software, which will include certificate and language courses. This grant will allow the State Library to extend library hours, provide 24/7 access to job search resources, and serve an estimated 50,000 additional users per week system-wide. New York Computer Centers: Broadbandexpress@yourlibrary

North Carolina: $239,000 public computer center grant with an additional $60,000 applicant-provided match to more than double the number of public computer workstations available to residents of Mitchell County, provide job training and educational courses through the local community college and extension service, and expand broadband Internet access by creating a Wi-Fi hotspot in the newly-renovated historic courthouse that will reach the adjacent library and parts of downtown Bakersville, North Carolina. Mitchell County Virtual Learning and Communications Center

North Carolina - Fayetteville State University: $1 million public computer center grant with an additional $263,000 applicant-provided match to provide 30 new computer workstations, wireless Internet access, and training courses at a new public computer center for the Fayetteville, North Carolina, community, including residents of local public housing. The project


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will include courses on Internet basics, personal finance and health, and basic job skills. The first 50 users to complete all of these courses will receive a laptop computer for home use. This project will be led by Fayetteville State University, a Historically Black University, in partnership with the Fayetteville Metropolitan Housing Authority and other organizations that will provide training targeted to the needs of low-income persons. Fayetteville State University/Fayetteville Metropolitan Housing Authority Computer Center

Rhode Island: $1.2 million public computer center grant to expand computer capacity at all 71 Rhode Island public libraries across the state and create 10 mobile computer centers. These mobile computer centers will allow OSHEAN Inc. to bring computer training and access into underserved and geographically dispersed communities with high rates of unemployment. OSHEAN Inc. intends to replace 327 existing computers and add more than 400 new workstations in libraries, with a goal of serving more than 6,900 additional users per week. Beacon 2.0 Library Computer Center

South Carolina: $5.9 million public computer center grant to expand the capacity of 51 public computer centers and create 19 new computer labs at the South Carolina Technical College System’s 16 member community colleges. The college system is the state’s largest higher education system, with 114,000 degree-seeking students and 128,000 continuing education students. This project will open these community college computer centers to the general public for the first time and plans to nearly double the number of workstations to approximately 3,260, which will accommodate an increase in users per week from 17,000 to 38,000. SC Reach for Success

Washington (Spokane): $1.3 million public computer center grant to a joint Sustainable Broadband Adoption/Public Computer Centers project which will allow the Spokane Broadband Technology Alliance to train an estimated 12,000 people over three years with an expected broadband adoption rate of 1,500 new broadband users, including 300 small businesses. The project proposes to provide training from basic computer skills to advanced multi-media production, e-commerce, and Internet for small businesses, as well as conduct community-based outreach campaigns to highlight the benefits of broadband for vulnerable populations of Spokane. Spokane Broadband Technology Alliance (PDF 257 Kb)

West Virginia: $1.9 million public computer center grant with an additional $568,000 applicant-provided match to improve access to job information, career counseling, and skills training by upgrading and expanding 20 WorkForce West Virginia One-Stop career centers throughout the state. This project intends to replace all of the existing 165 computer workstations at the centers, add 80 new workstations, and serve almost 2,300 additional users per week, nearly double their current traffic. One-Stop Public Computer Center Modernization


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Sustainable Broadband Adoption:

California: $7.2 million sustainable broadband adoption grant to increase adoption of broadband in vulnerable and low-income communities in Los Angeles, the Central Valley, Orange County, San Diego, and the Inland Empire. Applicant has identified key populations with low broadband adoption rates and developed partnerships with organizations uniquely qualified to reach out to each of these populations. Working with these partners, the applicant plans to coordinate a targeted media campaign, bolstered by outreach from trusted ambassadors and grassroots mobilization, to reach 5 million multi-lingual residents. The applicant intends to provide digital literacy training for more than 678,000 low-income individuals, including more than 300,000 youth. California Emerging Technology Fund

California: $7.7 million grant to expand a successful pilot program to increase broadband technology awareness and usage among an estimated 34,000 low-income individuals and 15,000 households. The project plans to target sixth- grade students and their families to help students succeed academically and increase family involvement in children’s education through computer and Internet tools. Students and their families will participate in four-hour weekend workshops that provide computer training in English and Spanish, after which they will receive a refurbished computer with educational software. Nearly 8,000 households are anticipated to become new broadband subscribers as a result of this project. CFY/LAUSD Family Broadband Engagement Program

Florida: $3.5 million sustainable broadband adoption grant with an additional $996,000 applicant-provided match to increase broadband adoption among low-income middle school students and their families by an estimated 15,000 households. The project plans to offer 60,000 hours of computer training to 30,000 students and their parents, provide low-cost refurbished laptops to 6,000 students and their families, and offer discounted Internet service to 10,000 families. Miami-Dade County Public Schools-Get Connected-Go Global

Illinois: City of Chicago: $7 million sustainable broadband adoption grant with an additional $2.3 million applicant-provided match to spur economic development in five disadvantaged neighborhoods in Chicago with a comprehensive broadband awareness and adoption program that will include providing computers and training opportunities to more than 11,000 residents and 500 small businesses and not-for-profits. The project intends to create public computer centers at six community centers for working families and expand workstation capacity at four Business Resource Centers, as well as provide 1,500 residents and small businesses that complete a multi-session training course with laptops and netbooks. SmartChicago Sustainable Broadband Adoption

Massachusetts: $783,094 sustainable broadband grant with an additional $196,000 applicant-provided match to reach low-income and at-risk youth, the unemployed, residents without college degrees, and seniors. The project intends to build out 11 public computer centers to serve 6,650 new broadband users and add 7,500 additional broadband subscribers in the Lowell and


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Merrimack Valley, an area designated a “Renewal Community” by the U.S. Department of Housing and Urban Development. The technology training includes working with University of Massachusetts–Lowell students in computer centers to provide broadband-related training to vulnerable populations, including the nation’s second largest Cambodian community. University of Massachusetts–Lowell

Minnesota: $4.9 million sustainable broadband adoption grant with an additional $1.5 million applicant-provided match to launch the Minnesota Intelligent Rural Communities initiative, a multi-sector, comprehensive approach to sustainable broadband adoption targeting residents, small businesses, local governments, and critical services providers in each of Minnesota’s 80 rural counties. The project anticipates training as many as 2,500 individuals in computer literacy, online education, and workforce development, and plans to distribute 1,000 affordable refurbished computers. Funding will also support the development of institutional broadband applications for schools and healthcare facilities to help increase broadband adoption. Minnesota Intelligent Rural Communities

New Mexico: $1.5 million sustainable broadband adoption grant to increase statewide broadband adoption and promote computer literacy and Internet use. The project intends to reach vulnerable populations, Hispanic and Native American users, small businesses, and entrepreneurs through small group trainings at public and Tribal libraries in 15 communities across the state. The partners estimate the project will result in 3,000 new household broadband subscribers, 1,000 new business and institutional broadband subscribers, and 3,200 new users at public computer centers. The New Mexico State Library will provide training in computer and Internet use for small organizations and business owners. This proposal is part of Governor Bill Richardson’s five-year plan to phase in “broadband for all.” Fast-Forward New Mexico

New York: $22.2 million grant to provide computer training, desktop computers, educational software, and free broadband access for one year to more than 18,000 low-income sixth-graders and their families (approximately 40,000 residents total) in 100 high-need public middle schools in New York City. Of these households, the applicant anticipates that more than 12,000 will subscribe to broadband beyond the free year-long subscription period. The not-for-profit organization Computers for Youth plans to conduct computer training for parents and students in English, Spanish, and other languages as needed. Project outreach will target the larger middle-school community and their families using multilingual newsletters and flyers, phone calls, public informational meetings, and school websites. The awareness campaign is expected to reach all of the sixth to eighth-graders in the schools, totaling roughly 46,000 households or 100,000 residents. NYC Connected Learning

Ohio: $18.7 million sustainable broadband adoption grant with an additional $4.8 million applicant-provided match to employ a collaborative strategy to expand broadband adoption by almost 20,000 households in targeted communities in five states. Applicant plans to work with non-profit and community organizations to implement neighbor-to-neighbor broadband adoption and awareness campaigns reaching an estimated 334,000 low-income individuals, and provide


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training and services to an estimated 33,000 people in Akron, Cleveland, and Zanesville, Ohio; Detroit, Michigan; Gulfport/Biloxi, Mississippi; Lexington, Kentucky; and Bradenton, Florida. (This project benefits Florida, Kentucky, Michigan, and Mississippi as well.) Connect Your Community

Vermont: $2.5 million sustainable broadband adoption grant with an additional $1.2 million applicant-provided match to increase broadband Internet access and adoption in 24 small, mostly rural communities through a comprehensive effort combining broadband training, access, awareness, and planning. The Vermont Council on Rural Development and its project partners plan to train more than 1,800 individuals and distribute an estimated 1,200 computers to 4th and 5th grade students, as well as work with teachers to integrate broadband usage into lesson plans. e-Vermont: The Vermont Community Broadband Project

Washington (Spokane): $980,000 sustainable broadband adoption grant to a joint Sustainable Broadband Adoption/Public Computer Centers project. The Spokane Broadband Technology Alliance Sustainable Broadband Adoption project, in combination with its associated Public Computer Centers project, plans to train an estimated 12,000 people over three years with an expected broadband adoption rate of 1,500 new broadband users, including 300 small businesses. The project proposes to provide training from basic computer skills to advanced multi-media production, e-commerce, and Internet for small businesses, as well as conduct community-based outreach campaigns to highlight the benefits of broadband for vulnerable populations of Spokane. Spokane Broadband Technology Alliance

West Virginia: $4.5 million sustainable broadband adoption grant with an additional $1.2 million applicant-provided match which will allow for a community-based approach to stimulate broadband adoption among, and extend computer access and training to low-income and predominantly rural communities across West Virginia. The project expects 60 volunteer fire and emergency rescue stations to participate in the program. Twenty-four squads in 12 counties already have committed to participate in the first year. This project plans to train more than 37,000 people and expects to increase broadband subscribership by more than 12,700 households and businesses during the life of the project. The project also features a broadband awareness campaign that will include peer-to-peer outreach, newspaper and radio advertisements, signage to promote services, social networking, and a support Web site. The project includes two contractors designated as Socially and Economically Disadvantaged Businesses (SDBs), additional small businesses not designated as SDBs, and proposes an “e-commerce academy” to assist small businesses. Equipping West Virginia’s Fire and Rescue Squads with Technology and Training to Serve Communities


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Nicholas Miller [email protected] Miller & Van Eaton, P.L.L.C. 1155 Connecticut Avenue, N.W. Suite 1000 Washington, D.C. 20036-4301 phone 202-785-0600 fax 202-785-1234 www.millervaneaton.com

Contact Information


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Joseph Van Eaton [email protected] Miller & Van Eaton, P.L.L.C. 1155 Connecticut Avenue, N.W. Suite 1000 Washington, D.C. 20036-4301 phone 202-785-0600 fax 202-785-1234 www.millervaneaton.com

Contact Information


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Gerard L. Lederer [email protected] Miller & Van Eaton, P.L.L.C. 1155 Connecticut Avenue, N.W. Suite 1000 Washington, D.C. 20036-4301 phone 202-785-0600 fax 202-785-1234 www.millervaneaton.com

Contact Information