1. Top 5 Issues to Consider in Launching a Broadband Cooperative
West Virginia Economic Development Conference / January 23, 2018

2. Disclaimer
These materials are presented with the understanding that the information provided is not legal advice.  Due to the rapidly changing nature of the law, information contained in this presentation may become outdated.  Anyone using information contained in this presentation should always research original sources of authority and update this information to ensure accuracy when dealing with a specific matter.  No person should act or rely upon the information contained in this presentation without seeking the advice of an attorney.

3. Get Connected
Forming and launching a Broadband Co-op involves legal and practical experience in:
Entity formation and corporate governance
Public and private finance
Telecommunication laws and regulations
Government relations
Construction
Also required is a deep understanding of:
Corporate formalities and statutory compliance
Technology
Negotiation
The Bowles Rice Broadband Co-op Team has the knowledge to guide you through the entire process of Co-op formation.

4. Consideration #1: Scope of Network
Focuses on “Where” and “How Big?”
WV Broadband Maps at
Identify Target Population for Broadband Access
Identify Contiguous Broadband Resources
Know your Topography for Broadband Design

5. Consideration #2: Preferred Technology
Focuses on the type of equipment the network will use
Cable (e.g. DSL, fiber-optic)
Wireless (e.g. 4G Network, White Space Internet)
Combination

6. Consideration #3: Broadband Co-op Model
WV Pilot Project for Municipality and/or County Co-op
Non-Profit Co-op
Three municipalities or counties (individually, or in conjunction)
Potential for access to federal funding
Broadband Enhancement Council to develop guidelines
Legislature must approve
Cooperative Association
For-Profit vs. Not-For-Profit
Minimum of 20 or more “qualified persons”
“Qualified person” – a person who is engaged in the use of internet services, either in an individual capacity or as a business
Must adhere to formation and governance requirements

7. Consideration #4: Funding Sources
Available seed money for consultants/feasibility study
Grants
U.S. Department of Agriculture Grants
Federal Communications Commission Grants
Matching Funds
Tax Credits
Community Development Tax Credits
Public/Private Partnership Options
Federal Agencies
Healthcare Pharmaceuticals, Providers and Insurers
Education, Humanities and the Arts, Tourism
Local Funding
National/Community Banks
Bonding

8. Consideration #5: To Own Or Not To Own
Operate, manage and maintain
Sell or enter Service and Maintenance Agreement with established provider

9. The Bowles Rice Broadband Co-op Team

10. For more information, contact: Peter Markham
Team Leader, Bowles Rice Broadband Co-ops
(304)