Engineering requirements could slow or exclude major broadband-stimulus projects, a group of potential applicants, consultants and a broadband trade association told the NTIA and the RUS in a letter sent Friday. The signers, led by wireless providers, took issue with a provision in the notice of funds availability that would require applicants seeking more than $1 million in stimulus money to have their system designs and project timetables certified by a professional engineer. The engineer must be registered in the state where the project would take place. The requirements will "dramatically limit and the number and quality of applications submitted for funding," the letter said. The signers of the letter, submitted by the Rini Coran communications law firm, included the Wireless Internet Service Providers Association, Commnet Wireless and the WiNOG Grants Cooperative, a nonprofit group of rural wireless providers working together to apply for stimulus money. A major complaint is that there are too few engineers who can sign off on projects using newer technologies, especially ones certified by the state. "Finding qualified people that even know what is going on is difficult, especially in an emerging industry like WiMax," said Charles Wu, executive director of the Cooperative. "The technology hasn't been around that long and certification for that engineering degree hasn't really caught up yet." With the Aug. 14 application deadline approaching, companies are under pressure to develop construction and business plans to apply for the first money round. The letter recommends that engineer certification be required only after an application is selected for funding, giving applicants more time to find reputable engineers. The group also said engineers shouldn't be required to be state-registered, because "broadband engineering principles are governed by the laws of physics, not the laws of a particular state." –TW - Washington Internet Daily, Vol 10, No. 143 – Tuesday July 28, 2009 Nothing New About Trouble with Definitions at RUS The RUS’s definition of “remote” in the notice of funds availability has stirred complaints from potential applicants and oversight committees. But this isn’t the first time that the agency has had problems defining the most rural areas. The notice defines “remote” as 50 miles or more from places with at least 20,000 residents. Only projects serving remote areas are eligible for full grant funding from the RUS. All others would need loans, and some would-be applicants say that would hurt the business cases for projects they hoped would get full grants. For each 50 miles away from areas that are home to 20,000 or more, project proposals get one point from application reviewers, up to five points for 250 miles, increasing the likelihood of RUS funding. Some say the requirement is too strict. “Do you know how many areas there are like in this country?” asked Charles Wu, executive director of the WiNOG Grants Cooperative, a not-for-profit group of rural wireless providers working together in pursuit of federal broadband money, referring to areas 250 miles or more from 20,000 people. “There may be one igloo in Alaska that qualifies,” he joked. At a House subcommittee meeting earlier this month, Agriculture Department Undersecretary Cheryl Cook said the RUS would be clarifying the term soon. Cook was responding to Rep. Mike McIntyre, D-N.C., who said none of his state’s 100 counties could apply for a full RUS grant funding under the current definitions. The agency didn’t reply to a request for comment. This isn’t RUS’ first run-in trying to define the country’s most rural areas. In April, the Agriculture Department’s inspector general took the agency to task in an audit of its older broadband program as not serving the rural communities it was meant to. The Office of the Inspector General said it was concerned that RUS’ broadband stimulus funds “may not meet” the Recovery Act’s goal “of awarding funds to projects that provide service to the most rural residents that do not have access to broadband service.” Problems began in 2002, after the RUS started providing loans to expand the reach of broadband to areas with less than 20,000 people, as Congress had required. When loans started going to resort towns and suburbs, the agency realized there was an issue and has been working to correct it since. According to the inspector general, it still has work to do. Trying to provide a perfect definition would be a futile effort, said former RUS administrator Hilda Legg, a Wiley Rein consultant who oversaw the agency’s first broadband program. “It is impossible to find a finite number that satisfies everyone,” she said. Reviewers need leeway in making decisions, Legg said: “There has got to be some degree of flexibility by the agency.” What, she asked, about an unserved community 46.2 miles from a population of 20,000? -- Tim Warren - Communications Daily, Vol 29, No. 145 - Thursday, July 30, 2009