State asks judge to reconsider broadband ruling

(Up to date, four:59 p.m., with details on Friday’s meeting.)

The state is asking a judge to take yet another appear at his choice to void the $ 60 million Idaho Schooling Network broadband contract.

In a twelve-webpage movement filed Tuesday, the state’s outdoors counsel is asking District Judge Patrick Owen to both clarify his Nov. ten ruling to toss out the contract, or reconsider his determination.

Owen explained the contract was void when the state lower out one particular contractor on the large school broadband venture, Syringa Networks Inc. And because that voided the contract, he said, the state are not able to salvage the deal.

That ruling has essential implications, the state’s attorneys contend. This leaves the state with no a contract “on which to order and run vital wide spot network services for state companies or under which to operate and fund the education network,” Merlyn Clark and Steven Schossberger compose in the state’s motion.

The motion is just the most recent legal maneuver in the five-yr-previous legal battle more than the Idaho Education Network contract. The program now provides broadband to 219 large colleges across the state — but with the network nevertheless in legal limbo, millions of dollars of federally administered dollars for the network stay on hold as nicely. The 2014 Legislature came up with $ 11.4 million to exchange these federally administered “e-rate” mobile phone bill surcharges and hold the method in place by means of February. The 2015 Legislature might need to come up with as significantly as $ 11.six million to preserve the network on the internet by means of June 30, 2016.

Tuesday’s movement was filed by attorneys for the Boise law firm Hawley, Troxell, Ennis and Hawley, which has represented the state in the legal approach. The legal charges to defend the contract are approaching the $ 1 million mark, with the taxpayers’ share approaching $ 875,000, Betsy Russell of the Spokane Spokesman-Overview reported final week.

The network’s Program Resource Advisory Council — a group of lawmakers and state and school officials that oversees the network — will meet Friday morning to discuss the newest legal filing. But it seems that virtually the complete meeting will consider place behind closed doors.

The meeting agenda contains only a single item — a closed executive session “to examine the legal ramifications of and legal alternatives for pending litigation, or controversies not but becoming litigated but imminently likely to be litigated.” And that subject is the lawsuit in Owen’s court.

The meeting is slated for 9 a.m. at the West Conference Space of the J.R. Williams Constructing, 700 W. State St.

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