WASHINGTON, March 31, 2023 – The Treasury Department announced Tuesday new proposed guidance for compliance obligations for recipients of grant money issued through the American Rescue Plan Act’s State and Local Fiscal Recovery Fund and Capital Projects Fund. 

Recipients of any federal grant must be compliant with a series of laws most commonly referred to as the Uniform Guidance, found in Title 2, Section 200 of the Code of Federal Regulations, or sometimes merely referred to as “Part 200.” The law specifies how recipients should manage federal funds, including the reporting and auditing of those funds. 

However, in response to broadband industry concerns that such obligations would increase program costs, the Treasury issued a proposed new guidance in which recipients of CPF and SLFRF may differ from the Uniform Guidance.  

“Bringing those [Uniform Guidance] rules to reality is challenging and not possible in some cases, at least in the broadband space,” said Brooke Coleman from network engineering consulting company Widelity at a Broadband Breakfast Live Online Event Wednesday. “The guidance will provide additional flexibility for the applicants and for the program to make it more of a reality.” 

Brooke Coleman of Widelity

The proposed guidance specifies different compliance rules applicable to an internet service provider based on whether the ISP is a subrecipient of the award or a contractor. The Uniform Guidance provides guidelines for whether recipients should consider separate entities as contractors or subrecipients. 

“Each recipient should make this determination based on the nature of the broadband program it has established and its relationship with the ISPs,” read the proposed guidance.  

Proposed rule changes 

Under the default Part 200 rules, recipients are required to use program income to offset total allowable costs and reduce the Federal award and non-Federal entity contributions. Program income refers to any income stemming from grant-funded programs and would include any revenue from the end user to the ISP.  

The proposed guidance specifies that any income generated by a subrecipient ISP will not be considered program income. A contracted ISP can also be permitted to retain its income, per the decision of the recipient.   

Furthermore, the guidance states that all subrecipients to awards must follow procurement rules and cost principles. These rules would require that all recipients must first issue a procurement for contracts out to bid before deciding on a contractor.  

Because many recipients have established relationships with their ISPs, this rule could pose problems for procurement and potentially introduce more costs to deployment. The Treasury’s proposed guidance would relieve recipients and subrecipients of a fixed amount of this requirement but would retain the requirement for contracted ISPs. 

Additional rule changes include project property ownership and auditing requirements. 

Under the proposed guidance, ownership of the property may be transferred to the ISP under certain conditions. These conditions include participating in federal subsidizing programs for low-income households, using the property for authorized project scope, and continuing to provide internet connection at the agreed upon speed.  

Audit requirements will also differ under the proposed guidance. Recipients will be required to oversee contractors in place of audits to ensure that the contractors perform in accordance with agreed upon terms. However, subrecipients are still required, as specified in the Uniform Guidance, to submit audits to the Federal Audit Clearinghouse, the government-wide auditor for federal grant programs. 

Experts at a Broadband Breakfast Live Online panel Wednesday are hopeful that the Treasury’s guidance given for the CPF and SLFRF programs sets a precedent for providing further guidance for other federal broadband programs, like the $42.5 billion Broadband Equity Access and Deployment program.  

Comments to the Treasury regarding the proposed guidance may be submitted by April 11. Recipients may not implement Treasury guidance until the rules are finalized. 

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Wednesday, March 29, 2023, 12 Noon ET – Cost-Sharing and Other Compliance Requirements for Broadband Deployment

One key factor in the $42.5 Broadband Equity, Access and Deployment program is the matching requirement: Subgrantees must find matching funds of at least 25 percent of the total project cost. Matching funds can be provided by local governments, utility companies, nonprofit organizations and other entities. In addition, states are required to incentivize higher matches whenever possible. How should state broadband offices approach cost-sharing and other compliance requirements as they prepare for broadband deployment?

Panelists

• Carol Mattey, Principal, Mattey Consulting LLC
• Brooke Coleman, Senior Manager of Business Development, Widelity
• Jorge Fuenzalida, Managing Partner, JLA Advisors
• Drew Clark (moderator), Editor and Publisher, Broadband Breakfast

Carol Mattey, founder of Mattey Consulting LLC, has over 30 years of experience as a senior executive in the U.S. government, consultant and lawyer focusing on communications public policy. From 2010 to 2017, Carol was Deputy Chief of the Wireline Competition Bureau at the Federal Communications Commission, focusing on the FCC’s ongoing initiatives to reform over $9 billion in annual federal spending known as the Universal Service Fund, which supports broadband connectivity for rural areas, schools, libraries, healthcare providers and low-income consumers. She led the development and implementation of the Connect America Fund to extend broadband to unserved areas in the United States. After leaving the FCC in 2017, Ms. Mattey formed a consulting practice that focuses on government funding strategy and execution, public policy advocacy, and regulatory compliance

Brooke Coleman is the Senior Manager of the Business Development division of Widelity’s Compliance Team. Her expertise lies in federal and state grant programs, specializing in broadband programs created by multiple government acts, such as the American Rescue Plan, IIJA, and more. With a background and Master’s Degree in Instructional Practice, her unique perspective aids clients in accessing the money that they need for underserved and unserved communities in need of broadband assistance.

Jorge Fuenzalida is a Managing Partner of JLA Advisors and has more than 25 years of telecommunications experience directing projects for wireless and wireline telecommunications carriers, equipment manufacturers, cable MSOs, and private equity companies in areas of wireless technology, corporate strategy, and wireless solutions. Prior to joining JLA, Jorge was Head of Strategy & Planning for Ericsson’s Digital Services unit in North America, and previously vice president and general manager of inCode Consulting (division of Ericsson Inc.).

Drew Clark (moderator) is CEO of Breakfast Media LLC. He has led the Broadband Breakfast community since 2008. An early proponent of better broadband, better lives, he initially founded the Broadband Census crowdsourcing campaign for broadband data. As Editor and Publisher, Clark presides over the leading media company advocating for higher-capacity internet everywhere through topical, timely and intelligent coverage. Clark also served as head of the Partnership for a Connected Illinois, a state broadband initiative.

Graphic from Adobe Stock used with permission

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DALLAS, March 30, 2023 — Private sector investment continues to play a key role in supporting and shaping digital infrastructure development, as the increasing demand for high-speed connectivity clashes with industry-wide economic challenges, experts said Wednesday at Connected America.

“Despite a possible recession… it doesn’t feel like there is a slowdown in the need for digital infrastructure,” said Jennifer Fritzsche, managing director at Greenhill & Co.

While this infrastructure comes in many different forms, Fritzsche said that she was seeing particularly fast growth in data centers. “There’s been tremendous need for more capital there.”

Fritzsche also emphasized the growing demand and competition for fiber, calling it the “lifeblood” of future networks. “A lot of people are leaning in here, and I think that’s created a more challenging environment in the fiber-to-the-home space,” Fritzsche said.

As several providers aggressively attempt to expand their fiber footprints, some are turning to open access networks. The use of shared infrastructure “opens up an interesting model for competition, but it also makes it very difficult for anybody to really get a good, solid return,” argued David Rottmayer, telecommunications expert and host of the “Let’s Talk Telecom” podcast.

In December, AT&T announced a plan to bring fiber to 1.5 million customer locations outside its existing footprint, utilizing an open access platform. The outcome of this “1.5 million test” may influence other providers to either embrace or avoid similar models, said William Dauska, managing director at Citizens Capital Markets.

In response to the growing popularity of fiber, incumbent telecommunications and cable providers are investing heavily in advertising and sales, said Steve Lee, founder and managing director of Layer 7 Capital.

“Fixed wireless is becoming a real thing,” Lee said. “These carriers are being really focused on 5G as an alternative to FTTH, and I think you’re going to see a lot more of that in the new future.”

Fritzche countered that while fixed wireless may be the “here and now,” the rapid growth of fiber adoption means that major providers will have to be very careful in maintaining the same standard of service for existing wireless customers.

“I tend to think fiber is always the preferred solution, especially as you see the consumption that’s happening,” she said. “I do think there’s a place for fixed wireless, LEOs, satellite, but it’s probably not in the areas that are consuming the most demand.”

Across different types of infrastructure, Rottmayer pointed to high interest rates and government grant programs as two factors potentially hindering private sector investment. The grant programs tend to favor incumbents with an established base, he said, which poses a challenge for startup entities.

DALLAS, March 29, 2023 — Local broadband stakeholders should take advantage of the time before federal grant funding is disbursed to make detailed plans and build strong community relationships, according to state broadband officials and industry experts at Connected America on Wednesday.

“I like to start with setting reasonable expectations — it takes a while to design a grant program, administer it, score applications,” said Earnie Holtrey, deputy director of the Indiana Broadband Office. “And then once the ink dries on the contract, the real work begins, and the implementation timelines… can stretch out six or eight years.”

While many state officials are eagerly awaiting funding from the $42.5 billion Broadband Equity, Access and Deployment Program and other government initiatives, taking the time to thoroughly plan will be key to maximizing the awards, advised John Tait, director for North America at Biarri Networks.

“The giant influx of money in and of itself is not a panacea,” he said. “The more detailed your plan is [and] the more data you have available, the faster you’re able to shift and make better use of that capital when it does come.”

BEAD funds are unlikely to be disbursed before early 2024, Holtrey predicted. This gives state broadband offices, service providers and other stakeholders a year to refine their plans and educate their local communities, he said.

Local leaders should then “use the next four years to know where your local assets are and really begin to leverage those,” said Brian Mefford, vice president of broadband strategy at VETRO.

Although the federal grant processes move slowly, Holtrey encouraged stakeholders to begin planning and launching connectivity projects as soon as possible. “Spend some money now, get some projects going — there’s still going to be plenty of projects to do when the BEAD money comes around,” he said. “And we really know that even after BEAD, probably, it’s not going to be completely done.”

One potential first step is investing in education at the local level in order to become a trusted resource, Holtrey added.

State broadband officers “don’t just need to be a vehicle to transmit funds — they need to be an educator for their state,” Tait said. “They need to be a resource for their communities.”

Tait also emphasized the importance of local community involvement, calling it a “key common denominator to projects that are successful.”

“Where you’ve got that engagement and that drive at the local level, typically, you’ll see a really, really good outcome in a broadband deployment,” he said.

Glen Howie, director of the Arkansas State Broadband Office, said that his team is fostering this engagement by visiting each individual county, meeting with local leaders and helping them to create their own connectivity plans.

“Yes, there’s a lack of capacity, but there’s strong passion,” he said.

Grant programs that operate at the state and local levels are better able to work with regional providers, said Amanda Hofer, assistant general manager at the Central Texas Telephone Cooperative. “When it’s made at a federal level, they don’t understand the microeconomics and the players who are there supporting those local communities, so… the communities do not always get served the way that is best for them.”

However, local operations often involve a separate problem: “They just don’t have the manpower and the resources, and they don’t even know where to begin,” Hofer said.

Another challenge is that some of the compliance requirements of federal grant programs are difficult for small, local service providers to meet, Howie said. “That’s something that we have to continue as an office, as a state, to try to triage.”