1. NTIA Waiver for Power Systems
    • The NTIA waiver explicitly includes “power systems” as exempt from BABA requirements.
    • When PSI batteries are classified as part of a power system, they could logically be covered under this exemption.
  2. Are Batteries Explicitly Mentioned in the Waiver?
    • The waiver does not specifically mention batteries as exempt. However, a battery is an integral component of a power system, thus could be argued that it falls under the exemption.
  3. Industry Precedent & Regulatory Interpretation
    • Other federal programs, such as the DOE’s waiver for Battery Energy Storage Systems (BESS), indicate that batteries are sometimes treated separately from power systems and are exempt under that program.
  4. How FTTx Providers Can Approach This
    • Strong Case for Exemption: If procuring batteries as part of a complete power system (e.g., UPS, rectifiers, integrated backup solutions), providers can argue they are included under the power systems exemption.
    • Waiver Application if Needed: If regulators dispute the classification, broadband providers could apply for a waiver, citing:
      • The cost-prohibitive nature of domestic lithium-based batteries.
      • The lack of sufficient U.S. manufacturing capacity.
      • The necessity of batteries for continuous power reliability in broadband networks.

Conclusion

  • Batteries may qualify as exempt if they are part of a power system.
  • Clarification from NTIA or DOC may be needed to solidify exemption status.

For information on PSI back up power products, contact us today. 270-813-1110 or email to
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