The long-awaited rules around the broadband portion of the massive U.S. stimulus bill have finally been released. While a first glance at the Notice of Funds Availability (NOFA) contains no bombshells, several items pop out. Let’s take the important questions first and leave the fine details for later postings.
How much is at stake? While the whole program will dole out more than $7 billion, this current Notice of Funding Availability take into account a mere $1.6 billion of the $4 billion plus allocated to NTIA. Subsequent rounds of funding are may take on revised rules and add some requirements for applicants. The RUS is opening up its entire $2.4 billion with this notice.
Who gets the money? As expected both NTIA and RUS are allowing everyone and their brothers apply for funding. There are plenty of special considerations in both but it would be hard to say any organization including the Boy Scouts being automatically disqualified.
What qualifies as broadband? Probably the most disappointing of the multiple definitions offered up by this NOFA. Broadband under this interpretation is “advertised speeds” of at least 768 kbps down and at least 200 kbps upstream. Both NTIA and RUS missed the opportunity to push the boundaries here.
What is rural? No big surprise here with this NOFA defining rural as any area not located: within a city, town, or incorporated area with more than 20,000 inhabitants; or within an urbanized area contiguous and adjacent to a city or town that has a population of greater than 50,000 inhabitants. Sorry suburbs, you’re out of luck.

What about that “open access” requirement? You mean that big elephant in the center of the room? He’s still there. The U.S. is not moving to an open access requirement but there certain is a desire to get a little taste of it. In the notice’s “Nondiscrimination, interconnection, and choice of provider” provisions, NTIA appears to state that applicants will receive a higher consideration if they provide a plan that “would allow more than one provider to serve end users in the proposed funded service area.” It’s not really open access but it’s a half step in that direction.