Apparently there is a regulation in place that would limit the usefulness of much of the infrastructure that will be built through ARRA broadband funding in Minnesota. Here is the Department of Administration’s statute 16C.055:

16C.055 BARTER ARRANGEMENTS LIMITED.
Subdivision 1.[Repealed, 2007 c 148 art 2 s 84]
Subd. 2.Restriction.

After July 1, 2002, an agency may not contract or otherwise agree with a nongovernmental entity to receive total nonmonetary consideration valued at more than $100,000 in exchange for the agency providing nonmonetary consideration, unless such an agreement is specifically authorized by law. This subdivision does not apply to the State Lottery.

History: 1Sp2001 c 10 art 2 s 38

The Office of Enterprise Technology is seeking a technical clarification to allow the State to utilize new broadband fiber laid by vendors as part of the federal broadband stimulus projects. This clarifies that OET can enter into a non-monetary arrangement with a private vendor whereby the state and the vendor grant each other the ability to use each other’s broadband fiber for internet connectivity. Here is the proposed language:

16C.055 BARTER ARRANGEMENTS LIMITED.
Subdivision 1.
[Repealed, 2007 c 148 art 2 s 84]
Subd. 2.Restriction.
After July 1, 2002, an agency may not enter into a contract or otherwise agree with a nongovernmental entity to receive total nonmonetary consideration valued at more than $100,000 annually in exchange for the agency providing nonmonetary consideration, unless such an agreement is specifically authorized by law. This subdivision does not apply to the State Lottery.
History:
1Sp2001 c 10 art 2 s 38