Yes, but it only applies to the infrastructure paid for by grant proceeds. And its up to the applicant to define how and at what price they share wholesale access to their network.
Strategically... I had a few thoughts on that, that I missed while working on an app. We generally use all inclusive flat rate pricing that bundles last mile, middle mile, and trasit. That could work to one's disadvantage in a grant app. It might be better to break appart the components, so that the non-discrimination clauses apply only to the portion of the network paid for the grant and not the other components. For example, you might give fixed wholesale access to the middle mile if a middle mile grant, but still charge what you will for Transit or Last mile. Or vice versa, if doing a lat mile grant, hav fixed wholesale rates for last mile (which must include Internet access) but then charge what you want for middle mile only services that were not covered by the grant. My point here is... an ISP is not being forced to comply to the open network standard, they are agreeing to have the network paid for by the grant to be subject to open network policies. So I anticipate that there could be all kinds of games played by the owner of teh grant network, to control how competitive other parties might be trying to use the network on a wholesale network. So there are two concerns here... One is, will you ahve to share your network, and Two, how do you get access to someone elses. To know what option there are to access someone else's network, one must read the terms they submit in their application. But at minimum it must be in compliance with the pre-existing non-dscrimination open access rules referenced to by the NOFA Tom DeReggi RapidDSL & Wireless, Inc IntAirNet- Fixed Wireless Broadband ----- Original Message ----- From: "Scottie Arnett" <sarn...@info-ed.com> To: "WISPA General List" <wireless@wispa.org> Sent: Tuesday, September 15, 2009 10:39 PM 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 <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) >>>> >>>> >>>> >>>> -------------------------------------------------------------------------------- >>>> WISPA Wants You! Join today! >>>> http://signup.wispa.org/ >>>> -------------------------------------------------------------------------------- >>>> >>>> WISPA Wireless List: wireless@wispa.org >>>> >>>> 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: wireless@wispa.org >>> >>> 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: wireless@wispa.org >> >>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! 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