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Zhone Says 'Buy American'

Expanding broadband services will help the U.S. with its economic recovery, but what if those services are delivered using telecom gear from -- gasp! -- the French or Chinese? How does that create jobs in the U.S.?

That's what some are asking the National Telecommunications and Information Administration (NTIA) and the Rural Utilities Service (RUS) -- the agencies responsible for overseeing the more than $7 billion in loans and grants made available for telecom and broadband expansion projects as part of the American Recovery and Reinvestment Act. (See FCC Boots Up National Broadband Plan .)

Zhone Technologies Inc. (Nasdaq: ZHNE) is among the most vocal of the telecom gear companies urging the government to buy American with its Recovery Act funds and loans.

In a filing with the NTIA on April 2, Zhone CEO Mory Ejabat writes that Recovery Act "funding priority should be given to those proposals that show the highest expected American labor content in implementation — and that this metric should have at least equal if not higher weighting than metrics regarding expansion of broadband availability, increasing adoption, and increasing speed, in keeping with the priorities of the overall Act."

Several of Zhone's employees have followed their chief's lead and filed public comments asking the agencies in charge to consider enacting the "Buy American" provision.

"Stimulate America, not Asia!" pleaded the subject line of comments filed by Zhone employee Donna Scott.

"Since many manufacturers have off shored their manufacturing to Asia, failure to apply the Buy America provision could easily result in as much as $4 billion out of the total $7.2 billion in broadband stimulus funds going directly to sustain and create jobs in Asia," writes Charles Bauer, Zhone's director of operations, who failed to explain his figures.

Zhone sees itself as being positioned to create and sustain more American jobs if it is a supplier to carriers or municipalities using Recovery Act funds. The chart below, reproduced from Ejabat's letter, takes a whack at Zhone's competitors for having foreign headquarters and using offshore R&D and engineering facilities:

Table 1: Are They Located in the U.S.?
Vendors Headquarters Engineering Manufacturing
CommScope Yes Yes Yes
Corning Yes Yes Yes
Huber+Suhner No No No
Adtran Yes Yes Partial
Alcatel-Lucent No Minimal No
Calix Yes Partial No
Motorola Yes Partial No
Occam Yes Yes No
Tellabs Yes Yes No
Zhone Yes Yes Yes
ZyXEL No No No
Source: Zhone Technologies

The Telecommunications Industry Association (TIA) , which represents hundreds of manufacturers of communications equipment, disagrees with Zhone's assertion that the government should only source from American firms to boost its broadband penetration.

"In order to ensure that every possible technological solution be available to fulfill President Obama’s broadband goals, TIA urges the Office of Management and Budget (OMB), NTIA and RUS to implement the ARRA in a manner that will enable the widest possible access to available technologies, irrespective of their country of manufacture and the type of entity receiving BTOP [Broadband Technology Opportunities Program] or RUS funds," the pressure group writes in its public comment, filed on April 10.

Both Zhone and the TIA at times invoke section 1605 of the American Reinvestment and Recovery Act, which specifically states that the funds provided by the Act should be used for the "construction, alteration, maintenance, or repair of a public building or public work" only if all the "iron, steel, and manufactured goods used" were produced in the U.S. Many think other federal agencies will apply this language broadly to all aspects of the Recovery Act.

The NTIA itself couldn't be reached for comment for this story.

It's worth noting that the 1605 "Buy American" clause had some exceptions, including if the use of U.S. goods was found to be "inconsistent with the public interest," or if the use of U.S. goods caused the project's total cost to jump by "more than 25 percent."

The TIA asked federal agencies to apply the public interest waiver to the broadband procurement process, but failed to explain how buying solely from Zhone, CommScope Inc. (NYSE: CTV), Corning Inc. (NYSE: GLW), or others, would harm the public interest.

Steven Glapa, Zhone's VP of product management and marketing, drove that point home in his letter, dated April 14.

Glapa, noting that the TIA's board was made up of foreigners such as Ericsson AB (Nasdaq: ERIC), Nortel Networks Ltd. , and Research In Motion Ltd. (RIM) (Nasdaq: RIMM; Toronto: RIM), writes that "the alignment of the TIA's interests with the interests of the United States and its taxpayers on this source-of-supply matter is certainly open to some question..."

Zhone, of course, doesn't limit its business to the U.S. The vendor gets more than half its revenues from carriers outside the U.S. and procures its components from "a variety of qualified suppliers in the U.S., Far East, Mexico, and other countries," according to its annual report.

— Phil Harvey, Editor-in-Chief, Light Reading

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jepovic
User Ranking
Sunday April 26, 2009 5:30:34 PM
no ratings

Yup, it's a very dangerous way to go, especially for vendors like Cisco and Juniper. Zhone may have very little to lose.

Plus, it would be very complicated to define exactly what would be ok and not ok. Plain old duties are at least quite simple. Lots of red tape! By the time any equipment would actually be installed, the recession will be over.

No, this wouldn't mean any saved american jobs, save the army of lawyers and bureaucrats needed...

belikejones
User Ranking
Sunday April 26, 2009 2:36:12 PM

The idea of 'Buy American' in a depression has been debunked pretty well in 1929. The Smoot Hawley act tried to do this by increasing duties on foreign goods. Other countries retaliated in kind. A mild depression became a global phenomenon. This is exactly what all countries are trying to avoid today. Most wireless vendors do as much business outside the US as they do here. Would they like to be cut off from international markets? I don't think so. We have a crisis on our hands, but the reaction is not to come up with an emotional response that is short sighted and will do more harm than good.

rjmcmahon
User Ranking
Friday April 24, 2009 1:57:17 PM
no ratings

I'm all for strengthening the family.  I'd focus family money on the investment side and not the expense side.  Tech equipment churns and depreciates too fast to be considered an investment.  Fiber outside plants, done properly, are 50 year investment.   The optimal model is that customers pay for equipment and government monies support the fiber natural monpolies (of which we are on the front side - i.e costs haven't been sunk.)   I doubt any other model will generate a return.  One can look at the dial up MODEM history to see how the model works - there the local loop was regulated such that any ISP could buy MODEM termination equipment and consumers would update their own MODEMs.  That's the basic model that has proven itself.

muffinman
User Ranking
Thursday April 23, 2009 11:30:16 PM
no ratings

First of all, one thing unique about Zhone is they now do most of their own "board stuffing".  Most Telecoms use contract manufacturers to build printed circuit board assemblies (PCBA).  When Zhone took on Paradyne, they took on some PCBA lines in Florida.  Part of the work is also the testing and configuring after the boards are built, which Zhone does.  Some other Telecoms do that also, while others have their CMs do it all, including shipping to customers (such as Cisco).

As far raw components, they are made all over the world.  Cheap ones in China (and often only China), others closer to the US.  High $$ chips are often fabed (silicon) in the US, but then assembled and tested overseas.  Bulkier items (plastics, metals) are more likely to come from the US.

Overall, Zhone's US built claim is a fair argument, they likely source as much of the raw components from US that they can, if the cost is competitive.  Purchasing of their systems will have a direct impact on their workforce in Fla, as well as in Ca.  Ultimately, you want the US tax money spent on products that meet the stated need, but all things being equal there should be some consideration for US content.

Aglat
User Ranking
Thursday April 23, 2009 9:21:59 PM
no ratings

RJ,

Our taxpayer dollars are not going to be used for loans to fund broadband expansion, they are going to be used for grants (if I understand correctly). 

To follow your "family money" analogy, what if you were the patriarch of the family and you decided that you needed to spend a fairly large chunk of the family wealth to buy certain things that would help some struggling members of the family in the near term, and strengthen the entire family in the long term. 

When making these spending decisions, if you could provide additional benefits for your family by patronizing their businesses instead of their competitors', what would you do?

All I'm trying to say is that right now, we need to put as many Americans back to work as possible, and prevent any more from losing their jobs.

rjmcmahon
User Ranking
Thursday April 23, 2009 4:40:47 PM
no ratings

Al's argument also was that public money shouldn't be used to subsidize foreign jobs.  That's on the topic of public finance. 

rjmcmahon
User Ranking
Thursday April 23, 2009 4:38:05 PM
no ratings

Think of it this way.  Imagine you're in charge of some family money and a relative would like a loan from the family pool.  What strings would you attach?  Would you say the relative could only use the money to buy products made by a member of the family with the argument that this would cause the other family members to develop best of breed skills?  Would you say the relative could only use the money for an invesment  expense (e.g. education) where the education could only be provided by a family member?  (No family members who can teach worthwhile skills - out of luck.)  Would you allow the relative to buy drugs with the money or a fancy new car? 

Seems like getting this right is not so straight foward.  "Buy American" is a bit too simplistic and isn't likely to maximize the return on the money nor is it likely to motivate a workforce to develop best of breed skills.  Probably need a better set of criteria.

brookseven
User Ranking
Thursday April 23, 2009 2:26:02 PM
no ratings

 

rj,

You are talking about a different topic.  Al put out there that we should not buy products manufactured in a foreign land.  That is completely on topic on trade. That is the point I am addressing.  You are talking about something separate, which deserves separate consideration.

seven

rjmcmahon
User Ranking
Thursday April 23, 2009 2:03:40 PM
no ratings

The stimulus package isn't about free trade.  It's public obligations backing the failures of private ones, ones that have proved to be untrustworthy.   The private financial system over the last decade based its "profits" on the expansion of monetary instruments (aka the printing presses) and also created a bunch of bogus insurance products in order to end around reserve ratios required of banks by its regulator (Greenspan).  It's Enron's off balance sheet shenanigans on steroids. 

Smith doesn't consider any of this in his economic model described in Wealth of Nations.  It's not addresssed in comparative advantage models either.

As far as where the money should go for stimulus - I'd say after shoring up the crooked financial system, it needs to go into long term physical assets (think TVA or Hoover Dam) and/or educating a work force to supply health care services to an aging population.  Propping up U.S. consumer spending (something like 72% of GDP) via more and more IOUs is just more drugs for a drug addict. 

Where a product is made is sorta irrelevant.  What needs to happen is that a local workforce does what it's least worst at when compared to the aggregate.  That maximizes economic outputs and the standards of livings.

Aglat
User Ranking
Thursday April 23, 2009 1:30:13 PM
no ratings
Phil,

You pose an interesting question, regarding what exactly is "American" broadband
equipment in this day and age.

Where the design engineering is done for the infrastructure and equipment
deployed using stimulus dollars is certainly relevant, as this work is performed
by salaried high tech knowledge workers who will continue to innovate and make
their companies stronger. As their employers grow top line revenue by delivering
more of their products for US broadband deployments, more of these types of
workers will be required and the ones currently employed will remain employed.

Where the manufacturing and testing is done for the various circuit cards in the
broadband equipment is certainly relevant as well, as this work is performed by
skilled workers paid hourly wages, and the number of these types of employees
required for production is proportional to the quantity of units being built.
More product needs to be built? More jobs for prodution workers will result.

What about the subassemblies? These are the smaller circuit cards or modules
or cable assemblies that may be required as part of the broadband equipment.
Where these are assembled and tested is relevant as well, for the same reasons
as above.

What about components? These are the Individual chips, resistors, regulators,
connectors etc. required in the product. The labor content in these are relevant
as well, but there aren't many domestic manufacturers left to choose from so
many will certainly come from suppliers outside the US.

As such, I don't believe that any broadband equipment is truly 100% American,
nor do I believe this should be a requirement for funding Stimulus projects.
However, if there are ten project proposals, each specifying a different vendors
equipment for a broadband network buildout, their bids are all competitive,
and the products they selected all meet the technical requirements, which project
proposals (and which vendors) should get the grant dollars?

In a normal free-market system, the buyer can apply what ever criteria he/she
wants to select the winning vendor or vendors. However, when the money to pay
for all this equipment is coming from the US taxpayers, too many of whom are
out of work, living through one of the harshest economic periods of our lifetimes,
and when one of the key objectives for spending all of this money in the first
place is to stimulate the collapsed US economy and put as many Americans back
to work as possible, then it seems prudent to consider how much American content
is included in each proposed project.

This is why the Buy American clause needs to apply to the broadband infrastructure
projects. Each candidate project should specifiy the % of American Labor content
in the design, manufacturing, and support of that project and the broadband
equipment it will deploy. If some of the projects have 90% American content and
others only have 70% or 50% or even less, then the projects with the most American
content should be the ones that get funded.





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