Client Alert

FCC Seeks Comments on April 13, 2009 Regarding Broadband Stimulus Fund Distribution

March 25, 2009

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Yesterday, the Federal Communications Commission (“FCC”) released a Public Notice announcing another opportunity for interested parties to comment on the process of distributing broadband funding under the American Recovery and Reinvestment Act of 2009 (“ARRA”). The FCC has already established a separate docket for parties wishing to comment generally on a rural broadband strategy (GN Docket No. 09-29); however, the FCC has no role in actually allocating or distributing those funds. The FCC is now seeking comment as part of its consultative role with the National Telecommunications and Information Administration (“NTIA”) and the Department of Agriculture’s Rural Utilities Service (“RUS”) as these agencies establish distribution programs.

Specifically, the FCC is seeking comment on five terms and concepts—which Congress directed NTIA to consult with the FCC:

  • The definition of "unserved area;"
  • The definition of "underserved area;"
  • The definition of "broadband;"
  • The non-discrimination obligations that will be contractual conditions of the Broadband Fund
  • Opportunities Program ("BTOP") grants; and
  • The network interconnection obligation that will be contractual conditions of BTOP grants.
  • Comments are limited to these five specified items and are due on April 13, 2009 and should be submitted in GN Docket No. 09-40.

We would like to take this opportunity to remind you that the NTIA/RUS comment deadline is also on April 13, 2009.

If you would like to file comments in the FCC proceeding, or in the NTIA/RUS docket, or have any questions about any of the broadband funding initiatives, please contact  Ross Buntrock, Jon Canis, Mike Hazzard, Stephanie Joyce, Katherine Marshall, Gregg Skall, or any member of the Womble Carlyle Communications Law Group.

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