Washington Update

Enjoy your Holiday weekend after reading the 120 page Notice of Funding Availability (NOFA) for the Broadband Technology Opportunities Program (BTOP) and the Broadband Initiatives Program released today, July 1, as promised. If you are one of the many higher education related entities that are planning on submitting a proposal under either of these programs, you can find the complete document at the Broadband USA website along with a helpful fact sheet and a schedule of ten workshops. Online registration is available for the workshops and they are scheduled around the country starting July 7 in Washington, DC and ending July 24 in Los Angeles.

EDUCAUSE will be issuing a full analysis of the Notice as soon as possible.

Word on the street is that the National Telecommunications and Information Agency (NTIA) and the Rural Utility Service (RUS) are working very hard to meet the June 30 release date for their long awaited rules for the ARRA broadband grant program. Groups are gearing up around town to analyze them quickly and get help out to those planning to participate in the program. But, don’t be surprised if the release gets postponed beyond the July 4^th holiday recess. Congress will be out of town next week and it wouldn’t be unreasonable to let the agencies have another week to do final edits. Dow Lohnes PLLC and Dow Lohnes Government Strategies LLC are sponsoring a free webinar to discuss the new rules. The webinar will be broadcast on July 2 from 1-2PM ET and recast on July 7 from 3-4PM ET. If the release of the rules is delayed, they will postpone accordingly. To register go to announcements@dowlohnes.com or call 202-776-2919.

Dr. Melissa Hathaway, who was in charge of The White House 60 day clean slate review of cybersecurity, said that this review is different from the three earlier presidential actions (PDD-63 issued by President Clinton, the National Strategy to Secure Cyberspace issued by President Bush, and the Comprehensive National Cybersecurity Initiative under President Bush) because of President Barak Obama's leadership. At a June 12th briefing at the Center for Strategic and International Studies, she said that this issue is "personal" for President Obama because "he grew up with technology" and his recent campaign for the presidency experienced "intrusions in its information systems".

Today EDUCAUSE joined the Schools, Health and Libraries Broadband Coalition.  Dedicated to improving broadband capabilities for anchor institutions around the United States, the newly formed coalition says high-capacity broadband will provide benefits for those who need it most- rural, low-income, and disabled or elderly people.

The White House released its eagerly anticipated cybersecurity report today. The document, “Cyberspace Policy Review: Assuring a Trusted and Resilient Information and Communications Infrastructure,” is the result of a 60-day comprehensive look into the policies and structures related to cybersecurity in the United States.

EDUCAUSE recently joined other higher education associations in a May 15 letter asking that Congress continue its support for the federal funding of Higher Education Act (HEA) programs. It was directly aimed at appropriators, who are working on FY2010 legislation.

Yesterday, the Federal Trade Commission (FTC) announced that it will delay enforcing the ‘Red Flags’ Rule until August 1, 2009. The rule requires that creditors and financial institutions adopt identity theft prevention programs.  Providing a three-month delay for enforcement will allow affected groups to write and implement written policies.  Additionally, the Commission said that it will provide a template to help those businesses with a lower risk of identity theft comply with the law.   

Senator John D. Rockefeller, IV (D-W.Va.) and Senator Olympia Snowe (R-Maine) have anounced the introduction of comprehensive cybersecurity legislation "to address our nation's vulnerability to cyber crime, global cyber espionage, and cyber attacks that could potentially cripple the United States' critical infrastructure" according to a press release.

The Federal Trade Commission has published a new resource called "Fighting Fraud with the Red Flags Rule". Although subtitled as a "A How-To Guide for Business", it addresses many of the fundamental issues for organizations, including colleges and universities, that are required by Federal law and regulation to implement a written Identity Theft Prevention Program designed to detect the warning signs – or "red flags" – of identity theft in their day-to-day operations.

It has become very clear over the past few weeks that there are limited details on how NTIA and RUS plan to grade and evaluate broadband grant applications.  While the agencies scramble to review public comments and craft rules, many are left wondering what they should be doing to prepare their own applications.  There is a sense of urgency, but a lack of direction- two factors that together are disconcerting for prospective grantees. 

However, as NTIA officials and others have said, there are constructive ways you can be helping your application right now.  These tips come from Dow Lohnes, a Washington, DC- based firm. 

A Checklist of Things to Consider

1)      Work with NTIA or RUS staff if at all possible, and be willing to modify plans if necessary. 

2)      Understand that NTIA or RUS will have the final decision, but the White House, Congress, and the Office of Management and Budget (OMB) may have influence.  Enlisting the support of your elected representatives will help.

Yesterday marked the last of six sessions the Departments of Commerce and Agriculture were holding to gather feedback on the broadband initiative outlined in the American Recovery and Reinvestment Act (the economic stimulus package). Our own Wendy Wigen of EDUCAUSE summarized what she was hearing from participants during the proceedings. She identified seven central themes people are asking that the NTIA and RUS use for judging the worthiness of broadband grant submissions. Wigen notes that the top three received the greatest mention for criteria participants think the government should use for awarding grant money.