Even if the company was competing directly with UMS, at least Maine residents could be certain the University will even exist a year from now. But as it stands, Fairpoint isn't competing with the University of Maine. They're competing with a public private partnership of which the University is only a member. Applications for Federal funds are open to public entities and private companies. Given recent history, giving taxpayer dollars to somebody other than the regional dysfunctional incumbent might not be the worst idea in the world.

• NTIA head Larry Strickling has suggested that if an incumbent wants to veto a stimulus grant in its territory, the data it uses to show the area is served will be on the public record. As this is a step in the direction of making such information public, it is good. However, there is still no clear method of appealing such a veto.

• Craig Settles has called for letters to the NTIA asking for a deadline extension for the first round of grant applications. Muniwireless.com published a commentary explaining why a delay is a good idea.

• West Virginia, one of the most-underserved states by broadband providers, is starting to worry much of the state may not qualify for broadband funds according to the Charleston Daily Mail. Unfortunately, they are relying on data from the industry-backed Connected Nation operation, so who knows? Being so heavily influenced by incumbents, Connected Nation significantly overstates existing coverage.

  However, the story is interesting in pointing out that the approach taken by NTIA will not result in sustainable network. Because network deployers must stick to the areas of least density, they have no revenue base with which to cover operating costs. Once the stimulus money goes away, one wonders how many of these networks will fold -- though NTIA has claimed that networks must demonstrate fiscal viability after the grants run out.

Creating the Broadband Stimulus Language

the term `eligible entity' means--

(A) a provider of wireless voice service, advanced wireless broadband service, basic broadband service, or advanced broadband service, including a satellite carrier that provides any such service; (B) a State or unit of local government, or agency or instrumentality thereof, that is or intends to be a provider of any such service; and (C) any other entity, including construction companies, tower companies, backhaul companies, or other service providers, that the NTIA authorizes by rule to participate in the programs under this section, if such other entity is required to provide access to the supported infrastructure on a neutral, reasonable basis to maximize use;

To be eligible for a grant under the program an applicant shall—

(A) be a State or political subdivision thereof, a nonprofit foundation, corporation, institution or association, Indian tribe, Native Hawaiian organization, or other non-governmental entity in partnership with a State or political subdivision thereof, Indian tribe, or Native Hawaiian organization if the Assistant Secretary determines the partnership consistent with the purposes this section

This means networks that offer competitive pricing from more than one provider get preference--this is huge, and could have important long term consequences. The rules also do something else quite important on the same page (page 66, line 1463), where there is explicit preference for open access transport, which in telecom jargon is "interconnection." The rules say that companies that post their interconnection fees publicly and agree to nondiscrimination will get preference.

I am in the minority in thinking they played this right.