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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