July 6, 2009

According to the NTIA's announcement of June 26, 2009, the Secretary of Commerce granted a limited waiver of the Recovery Act’s Buy American requirements with respect to BTOP funds. 

The waiver applies to the following essential components of a modern broadband infrastructure:

• Broadband Switching Equipment – Equipment necessary to establish a broadband communications path between two points.
• Broadband Routing Equipment – Equipment that routes data packets throughout a broadband network.
• Broadband Transport Equipment – Equipment for providing interconnection within the broadband provider’s network.
• Broadband Access Equipment – Equipment facilitating the last mile connection to a broadband subscriber.
• Broadband Customer Premises Equipment and End-User Devices – End-user equipment that connects to a broadband network.
• Billing/Operations Systems – Equipment that is used to manage and operate a broadband network or offer a broadband service.

Note that this list does not include fiber optic cables, coaxial cables, cell towers, and other facilities that are produced in the United States in sufficient quantities to be reasonably available as end products. To the extent that an applicant wishes to use equipment that is not covered by this waiver, it may seek a waiver on a case-by-case basis as part of its application for BTOP funds.

Please see the full NTIA announcement for more information.