Download POLE ATTACHMENT ISSUES AFFECTING PUBLIC POWER …

NATOA
NATIONAL CONFERENCE 2013
ORLANDO, FL
Building a New Social Compact
in an IP World
Jim Baller
The Baller Herbst Law Group, P.C.
(202) 833-1144
[email protected]
What Is a “Social Compact”?
• In a grand, overarching sense (Access to
public assets  service in public interest)
• In a narrower, particularized sense (ROW
access rights, cable franchises, pole
agreements, tower siting permits, etc.
• Today balance shifted to industry – options?
My Focus – Communities That Want
Gigabit Networks
• Lots of attention in US, around the world
– Google Fiber, Chattanooga (and others), Gig.U, Gigabit
Squared, fed stimulus programs, FCC Gigabit Community
Challenge, etc.
– even AT&T, Frontier, CenturyLink
•
•
Controversial: Need? Value? Priorities?
Gigabit networks not yet for everyone; not the
same for all communities
My Focus – Communities That Want
Gigabit Networks
• Lots of attention in US, around the world
– Google Fiber, Chattanooga (and others), Gig.U, Gigabit
Squared, fed stimulus programs, FCC Gigabit Community
Challenge, etc.
– even AT&T, Frontier, CenturyLink
•
•
Controversial: Need? Value? Priorities?
Gigabit networks not yet for everyone; not the
same for all communities
Common Characteristics
• Main goals: economic development and
global competitiveness, educational
opportunity, health care, energy, … quality
of life
• May not be same local officials as the ones
that focus on regulatory issues – may have
different perspective and priorities
• May not necessarily want a public network
Ways to Get Gigabit Networks



Develop own network – doable, but challenging
Develop regional networks – also doable, challenging
Seek one or more private partners
- What do private partners want?
>As easy, cheap, entry as possible
>As much support in building revenue as possible
- Sources: Google and others’ statements, Gig.U’s
guidance; FTTH Council’s community toolkit
Ways to Get Gigabit Networks



Develop own network – doable, but challenging
Develop regional networks – also doable, challenging
Seek one or more private partners
- What do private partners want?
>As fast, easy, cheap, entry as possible
>As much support in building revenue as possible
- Sources: Google and others’ statements, Gig.U’s
guidance; FTTH Council’s community toolkit
Key Issues When Dealing
With Private Partners
• Selling the community as vibrant, good place to be
• Non-discrimination and competitive neutrality
– what do these terms mean?
– value of gigabit service
– in kind credits?
• Build-out requirements
• Ways to speed construction – e.g. inspectors
• Access to public fiber, rooftops, other assets