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Eye on Boise: Legislators hope for resolution on broadband network

State lawmakers are growing concerned about the broadband network that serves high schools across the state, after a judge Nov. 10 voided a $60 million contract for the Idaho Education Network, ruling it was issued illegally.

“At the end of the day, this is an important thing,” said House Speaker Scott Bedke, R-Oakley. “We need to get a new contract as quickly as possible and keep the service up and going during the school year. You have school districts that are dependent on this service, they’re in the middle of a term, and … the less disruption the better here, on our way to a new contract that addresses the issues that have been raised.”

The Otter administration is asking the judge to reconsider or clarify his decision.

House Minority Leader John Rusche, D-Lewiston, said, “I think that we sometimes have trouble identifying when the horse we’ve been beating is dead. … My guess is if we want to get the e-rate money flowing back, we have to follow the judge’s rules and get that contract rebid in some manner. And I think that’s the important thing, is to get the support for the telecommunications and broadband services the schools need.”

Federal e-rate money, which comes from a tax on telephones, was supposed to pay for three-quarters of the cost of the IEN, but the feds cut off the payments because of concerns about the contract issuance, forcing lawmakers to approve an $11.4 million bailout earlier this year to keep the service from going dark.

“Going to the mat to defend a process that’s not clean doesn’t make sense,” Rusche said. “To have that money sitting on the sidelines because we don’t want to do it in a clean manner, I don’t think that makes sense.”

The judge ruled that then-state Department of Administration Director Mike Gwartney illegally cut Syringa Networks out of the contract in 2009 in favor of Qwest, now CenturyLink, and Education Networks of America, both of which are big donors to Idaho Gov. Butch Otter’s campaigns.

More marriage arguments

Idaho Gov. Butch Otter has filed a motion with the 9th U.S. Circuit Court of Appeals asking that the state be allowed to file additional arguments in the state’s same-sex marriage case, in which Otter is asking for reconsideration by an 11-judge panel. A three-judge panel of the 9th Circuit earlier rejected Idaho’s ban on same-sex marriage as unconstitutional.

“Since the governor submitted his petition, the Sixth Circuit has issued an opinion counter to this Court’s ruling in the case, requiring a reply by the Governor regarding this new circuit split,” Otter’s attorneys wrote. They also cited an amicus brief filed in the 5th Circuit same-sex marriage case in Louisiana, and submitted a copy, saying it has presented “a gold mine of scholarship regarding the practical, real-world impact of redefining marriage.”

“Plaintiffs … have no answer to Gov. Otter’s showing that by its ‘explicit terms’ Idaho’s marriage laws discriminate facially, not on the basis of sexual orientation, but on the basis of biological complementarity,” the lawyers wrote. “Removing the man-woman definition threatens serious harm to the institution of marriage, and, thus, to the children of heterosexual couples.” 

The 9th Circuit on Friday ruled that Otter can submit his additional arguments, but not the copy of the 5th Circuit amicus brief.

Labrador bill advances

Idaho Rep. Raul Labrador’s bill to transfer 31 acres in the Riggins area from federal to Idaho County ownership for a shooting range passed the House last week on a voice vote. To become law, it still needs Senate passage and the president’s signature. Labrador, who said the federal Bureau of Land Management backs the move, said, “Given the broad support, I’m hoping the Senate will move quickly to pass this bill.” It’s the third Labrador bill to pass the House.

‘Committee on Committees’

It’s the sixth time in 12 years that this has happened, but somehow it still sounds funny: The Senate GOP has selected Idaho Sen. Mike Crapo for the prestigious post of chairman of the Committee on Committees.

That’s the panel that’s in charge of committee assignments for the upcoming Congress; Crapo’s been selected for the once-every-two-years post five times before. Senate Republican leader Mitch McConnell said, “Mike is a trusted adviser and has the respect of his colleagues. He has a proven track record and the entire Republican conference is honored to have him once again leading our negotiations on committee assignments.”

Contact Betsy Z. Russell at betsyr@spokesman.com or (208) 336-2854.

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