Trails, Textbooks And Towers: Here Are The ‘Broadband’ Expenses W.Va. Gov. Justice Charged To The CARES Act

Barely any of the money, earmarked for pandemic relief, will actually connect homes and businesses to the internet

This story was originally published by Mountain State Spotlight. For more stories from Mountain State Spotlight, visit www.mountainstatespotlight.org.

For Gov. Jim Justice, the announcement was the easy part. In September, he promised to spend $50 million of the state’s federal coronavirus response fund to bring internet to underserved areas of West Virginia.

He held multiple press conferences to flesh out his goal of “covering up West Virginia in broadband,” and even floated a way to do it: give companies $1,000 for every household they hook up.

Making that happen by the end-of-the-year deadline, however, proved much harder.

By December, Justice admitted he would only spend around $33 million. And documents obtained by Mountain State Spotlight show that almost none of that money will actually go to the governor’s stated goal: delivering better internet to homes and businesses as the pandemic forces West Virginians to adapt to working and learning from home.

Instead, among other things, the money will go to new school textbooks and a resurfaced wilderness trail.

Only one grant — the sole one publicly announced by the governor — went to internet service. Justice gave that $2.3 million grant to a newly-formed nonprofit, run by a state senator, that promises to build 11 miles of fiber around Huntington. The rest, amounting to the vast majority of the money, was allocated to three different state agencies for purposes barely related, if at all, to the governor’s goal.

Back in September, at the press conference announcing the $50 million fund, the governor sketched out where he planned to spend it. He showed a map of West Virginia, which included red areas that supposedly already had internet, and blue areas, where the Federal Communications Commission planned to install broadband using hundreds of millions of dollars in federal incentives.

And then there were white areas – covered by neither.

In these places — and many others across the state — new necessities of modern life, from telemedicine to Zoom, are impossible because there’s no decent internet. This is at least partly because, for the past decade, West Virginia has been reliant on Frontier Communications, a bankrupt telecommunications company with an appalling track record, to serve rural areas of the state. But it’s also the fault of West Virginia leaders, who have failed to provide substantial state funding to address the problem.

“We want to target those areas,” Justice said.

Here’s where the money actually went:

License: Creative Commons
/
Tunnel Number 10 along the North Bend Rail Trail. Photo: Mike Tewkesbury via Flickr.

Trail remediation

Mountain State Spotlight obtained the original requests for CARES Act funding submitted to the governor. Four were categorized as broadband-related, each with Justice’s signature of approval. They totaled just over $32 million.

The strangest was the one from the Department of Natural Resources, requesting $1.4 million to rebuild a 72-mile trail through the wilderness outside Parkersburg.

To justify the use of CARES Act funding, the department’s director, Stephen McDaniel, argued that the North Bend Rail Trail’s “proximity” to a new interstate fiber-optic telecommunications cable required its “remediation.”

But Zayo, the Colorado telecommunications company that was installing the fiber, had already promised to fix any damage done by the heavy equipment it had brought in to do the job.

They “have to put it back the way it was, or better,” trail superintendent Paul Elliott told the Parkersburg News and Sentinel back in September.

According to a spokeswoman for the company, they did. “Zayo restored the trail to its current condition and even made some minor fixes,” Rebecca Whalen wrote in an email.

But the trail is still closed due to damage. It is unclear why the state is now footing the bill to fix it, and why it’s using funds earmarked for the coronavirus response to do so.

“I would love to talk to you about that, but I cannot,” Elliott said, sounding genuinely apologetic, when reached by Mountain State Spotlight over the phone.

A spokesman for the department offered little clarification.

“As you are aware, this project provides an opportunity to expand much needed high-speed internet services to rural parts of West Virginia,” Andy Malinoski wrote in an emailed statement.

Textbooks for virtual learners

Another $8 million is going to the West Virginia Department of Education to fill a hole in its budget produced by the expansion of the state’s virtual school program. The free program expanded ten-fold this year as students — primarily in more populated counties — opted to forgo the classroom entirely during the pandemic.

Classifying this as a broadband-related expense is odd, since kids who voluntarily enrolled in the state’s virtual school program are nearly certain to already have reliable internet access.

In some counties, they even had to sign a contract asserting such before they could apply.

And now they will get the benefit of millions in federal coronavirus relief funds, to be spent on the teachers, textbooks and curriculums that are necessary for them to learn safely while at home.

Students in rural areas of the state where the internet is unreliable or nonexistent will not.

In some counties, including Mineral and Summers, not a single kid signed up to the state’s program, according to data released by the state’s Department of Education in November.

Barely 1% of students in Roane County ended up in the program. The superintendent, Richard Duncan, explained one reason why.

“People hear ‘virtual school’ here, and they just gloss over: well, we can’t do that — we live in Roane County, we don’t have … [a] high speed internet connection” he said.

The “inequities” caused by the state’s poor internet caught state superintendent Clayton Burch by surprise, he told West Virginia Public Broadcasting in July.

“We just didn’t know how wide the gap was when it comes to broadband,” he said.

Although the governor categorized Burch’s $8 million funding request as broadband-related, the money will do nothing to close that gap.

Upgraded public safety radio

Another $20.5 million was allocated to the Department of Homeland Security, for upgrades to the state’s public safety radio network.

It is designed specifically for first responders and can be accessed only by government agencies.

“The bandwidth… needs to be upgraded… to carry the additional amount of communication the pandemic has caused,” reads the justification for the expenditure submitted to the governor by Jeff Sandy, head of the state’s Department of Homeland Security.

But if the network is overloaded, no one seems to have noticed.

After a reporter reached out to the network’s coordinator at the Division of Emergency Management, a spokesman issued a statement.

“There has been no significant effect on the State Interoperable Radio Network resulting from the pandemic response,” wrote Lawrence Messina, referring to SIRN, the public safety communications network.

Other inconsistencies in Sandy’s justification to the governor raise further questions about the necessity of the expenditures.

He claims that “much of the equipment” in the network “is at end of life, with limited to no additional parts available.” This issue is so pressing, he wrote, that it could lead to “loss of life.”

In that same paragraph he claims that the money will be used to install over 51 microwave repeaters that the department has kept “in storage” — and then requests to purchase 61 more.

Sandy also claims the upgrade will increase “network capacity” to 1 gigabit per second while acknowledging that, under normal use, the network transports a similar amount of data, in addition to standard voice service, over an entire day.

The no-bid contract to build and install the new microwave equipment will go to Texas-based Aviat Networks.

That name might sound familiar. Both SIRN and Aviat have a scandal-ridden history in West Virginia involving the misuse of federal funds earmarked for broadband expansion.

In 2010, the state used $33 million of federal stimulus funds to upgrade SIRN with equipment purchased from Aviat. Auditors later found that officials circumvented state purchasing laws.

At the time, state officials promised it would help bring internet to hard-to-reach hollows in West Virginia. Many of the towers are located in rural areas that are underserved — or not served at all — by Frontier.

To do that, Gale Given, the state’s Chief Technology Officer at the time, said that up to a third of the network’s bandwidth would be devoted to commercial use.

That didn’t happen.

“No,” Messina replied when asked if SIRN was currently used for any commercial purposes.

‘Make it happen’

Other states are trying something different.

At least six states have created new broadband infrastructure grant programs using the CARES Act money, according to an analysis by Pew Charitable Trusts. Mississippi is giving away $75 million to rural utility cooperatives.

West Virginia has its own cooperatives, including Hardy Telecommunications, which has been remarkably successful at bringing high-speed internet to rural communities. The company recently was denied subsidies from the Federal Communications Commission to expand its network in the state — the co-op was likely outbid by Frontier.

Other ideas have been thrown around inside the governor’s mansion.

In early October, a small group of government officials and telecommunications executives met there to brainstorm ways to spend the $50 million.

Various ideas were presented, including building out the state’s internet backbone and rewiring SIRN to service homes and businesses in rural communities.

At the end, a source familiar with the meeting, who was not authorized to discuss it publicly and spoke on condition of anonymity, said Justice was receptive.

He turned to Bray Cary, a former broadcast media executive who earns minimum wage as an advisor to the governor.

Make it happen, Justice told him.

Why it hasn’t is unclear. The governor’s office did not respond to a request for comment

Reach reporter Lucas Manfield at lucasmanfield@mountainstatespotlight.org

Marshall Breaks Ground On Flight School In Charleston

Federal, state and local representatives gathered at Yeager Airport in Charleston Thursday to break ground for the new Marshall University Bill Noe Flight School. 

Jerome Gilbert, president of Marshall University, explained that the school learned the aviation industry needed new pilots because they have a federally mandated retirement age. 

“It was after a thorough investigative and fact-finding process, Marshall committed to a flight school to produce commercial pilots with a bachelor’s degree,” Gilbert said  

Credit Eric Douglas / WVPB
/
WVPB
Dignitaries including US Senator Joe Manchin and Jerome Gilbert, president of Marshall University, broke ceremonial ground for the new Bill Noe Flight School at Yeager Airport.

When the Bill Noe Flight School is fully functional, the program will produce 50 commercial pilots annually, he said. Classroom instruction will take place at the Marshall University South Charleston Campus.

Gov. Jim Justice also attended, and said the program will be an economic driver for the state and region. The state already exports more than $150 million in airplane parts annually.

“Just think of the employment, of the attraction to West Virginia that this is going to bring,” Justice said. “I congratulate Marshall, I can congratulate all of you who have done great work here.”

The flight school is named for Bill Noe, a Marshall graduate, pilot and the university’s executive aviation specialist for the new Division of Aviation. 

The aviation school will include a 12,000 square-foot hangar with classes beginning in fall 2021.

Pediatric Experts Say Much Is Unknown About COVID And Children

While the president has asserted that children are “almost immune” from COVID-19, public health experts say many things are unknown about how the virus impacts youth, particularly long-term.

“The short answer is that we do not know,” said Dr. Mariana Lanata, a pediatric infectious disease specialist who works at Marshall Health. “This virus is completely new, and we are still getting to know it and know what it does.”

So far, there have been 11 outbreaks in daycares and at-home childcare businesses in West Virginia, according to the Department of Health and Human Resources. Twenty-five staff and 15 children have contracted COVID through a daycare or a home childcare setting. Six child-care centers are currently closed because they have a current or active case of COVID reported at their facility.

Last week, Twitter temporarily blocked the Trump campaign from using its platform, over a tweet that linked to a video in which the president made false claims about COVID-19. The video was of an interview on Fox News, in which President Trump claimed that children are “almost immune from this disease.”

This controversy occurred in the midst of an increasingly politicized debate over whether to reopen schools this fall, and whether it’s safe for children to attend in person, or virtually.

According to the Centers for Disease Control and Prevention, while some children and infants have been sick with COVID-19, adults make up most of the known cases to date.

Credit StoryCorps
/
West Virginia father Will Laird with his sons Liam (age 9) and Conrad (age 6).

At this time, there’s limited research into the possible health impacts for children who do get the virus. Among concerns for pediatric experts is how contracting the virus might impact children later in life. Some children do develop serious conditions, and some have even died. Many of the children who developed serious infections were otherwise healthy, so it’s not quite clear how to predict which children may be most at risk.

“If your child is one of the ones that develops a more severe presentation, which may end up having them be admitted to the intensive care unit, having kidney failure or needing more support, then they may have more chronic consequences depending on how much their organs are affected,” Lanata said. 

Despite these risks, the American Academy of Pediatrics recommends that children return to school in person, if administrators can enforce social distancing. This is because there are advantages to in-person learning, emotionally and mentally.

“Children do better, when there are stressors, when they are in their normal routine,” said Dr. Kathryn Moffett, a pediatric infectious disease specialist at West Virginia University School of Medicine. She and other pediatricians advise that each family needs to be able to decide for themselves if they should return to in-person learning.

Credit Kara Lofton/ WVPB
/
Emma Pepper and her son in their home in Charleston, W.Va.

Moffett said she’s heard from parents who are worried, particularly because doctors can’t say for certain which children are at risk, or what could be the potential long-term impacts for kids who contract COVID-19

“I think fear is the fear of the unknown of this Multi[system] Inflammatory Syndrome in children… a toxic shock-like syndrome and children,”  Moffett said. “There have only been a few hundred cases reported, with several dozen deaths. But when you look at a healthy child who then gets this inflammatory syndrome and potentially dies, then it’s significant. It doesn’t matter how rare it is. I think parents can imagine that it could be their own child who gets that.”

The reality for many parents is they simply do not have the ability to work from home, according to Lanata. “And they will have to, no matter what, send their kids to school or daycare, even if they’re uncomfortable with that decision.”

Both Lanata and Moffett agree that preventing further outbreaks at daycares, and ensuring that schools reopen safely, requires that administrators, families and teachers communicate quickly, if a case is reported at a school.

“I think that being reassured that the schools safely have a plan in place, will put a lot of parents minds at ease,” Moffett said.

Schools in West Virginia are set to open on Sept. 8, Gov. Jim Justice announced in a virtual press briefing last week.

Moffett’s advice to families if they choose in-person learning is that adults should help model mask-wearing and encourage children to do the same.

“Especially young children, have them practice at home.” Moffett said, noting that parents can engage younger children by having them to put masks on their dolls, Beanie Babies or stuffed animals. Play, she added, is one of the ways children learn.

“Help them understand why they’re wearing them to protect others,” she said. “You make it a story. Help them to learn. I think the children would surprise us.”

W.Va. Governor Requests Dismissal Of Month-Old Petition For Special Session

Attorneys representing Gov. Jim Justice filed a response Monday, requesting that the West Virginia Supreme Court of Appeals dismiss a request from state…

Attorneys representing Gov. Jim Justice filed a response Monday, requesting that the West Virginia Supreme Court of Appeals dismiss a request from state legislators for a special legislative session.

Five lawmakers, mostly Republican, filed a petition in the state’s highest court in May, alleging the governor’s COVID-19 “stay home orders” in March violated the state constitution. 

By not consulting the West Virginia legislative branch first, the petition accused Justice of “usurping the power” of that branch and excluding the lawmakers from “their responsibilities as the elected representatives of their constituents.” 

Justice’s response, filed by members from the West Virginia Attorney General’s office on Monday, called the petition an attempt to “gut the Governor’s emergency powers” and “force an outcome” that state lawmakers already have the power to achieve on their own, as long as they have support from three-fifths of the Legislature. 

“Lack of success persuading the three-fifths of the Legislature to demand a special session is no more a separation-of-powers violation than is failing to get enough votes for a particular bill,” attorneys from the governor wrote.

“When is the last time you saw three-fifths of the Legislature agree on anything?” said Del. Marshall Wilson, I-Berkeley, in an interview with West Virginia Public Broadcasting on Tuesday.

Wilson signed the petition in May with four Republican lawmakers – Dels. Tom Bibby, Tony Paynter, Jim Butler and Sen. Mike Azinger. 

In the May 22 petition, West Virginia legislators referred to a decision from the Wisconsin Supreme Court, siding with a group of Republican legislators who challenged their governor’s orders to close Wisconsin businesses. 

Attorneys for Justice argued the Wisconsin court’s decision was based on statute, and not a problem with the state Constitution, as Wilson and the other four lawmakers alleged.

Instead, Justice’s attorneys likened the West Virginia petition to one in Michigan, which the Michigan Court of Claims dismissed in favor of upholding executive orders from Gov. Gretchen Whitmer. 

Senate president Mitch Carmichael, R-Jackson, and Speaker of the House Roger Hanshaw, R-Clay, did not respond to requests for comment Tuesday afternoon. House Minority Leader Tim Miley also did not respond to a request for comment. 

Wilson said he didn’t seek support for a special session from three-fifths of the Legislature because he believes most of his Republican colleagues are “beholden” to Justice, who is the Republican nominee for governor. 

Wilson announced his own campaign for governor June 12, following the primary election. He’s in the process of gathering the 7,200 signatures required to get his name on the ballot in November. 

He said several other Republican lawmakers contacted him after the petition was filed to say they agreed with the document, but he declined to name anyone. 

Senate minority leader Roman Prezioso said he doesn’t agree with Wilson’s petition in May regarding the March executive orders, but he thinks it’s necessary to call the Legislature into a special session for the more than $2.2 billion West Virginia has received from Congress for COVID-19 costs. 

“I think he is wrong by not having the Legislature come in to appropriate the dollars, according to the constitution,” Prezioso said Tuesday. 

Prezioso added that he mostly agrees with plans the governor has shared for spending the money. Lawmakers were invited to an informational session on the governor’s plan for the money last week.

Emily Allen is a Report for America corps member.

Exit mobile version