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Broadband Wireless World Forum 2001
Building Access Case Study: Gaining Customers Without Sacrificing Profitability to Building Owners
and Managers
Brent WeingardtBrian Andrew
Richard Stern
Tuesday February 20, 20012:00 – 3:00pm
Broadband Wireless World Forum 2001
Competitive Access to MTEs/MDUs:The Government Weighs In
Brent WeingardtBennet & Bennet, PLLC
Preview: Precursors to the Access Issue The Changing Regulatory Environment New Technologies The Claims of New Players The Government Response
A Review of the FCC Decision What’s Up on the Hill State Action
Precursors to the Access Issue: Market Concentration Regulatory Changes Technology Changes MTU Consumer Disconnect
The Changing Regulatory Environment: Pre - 1984
Pre - 1996
Post -1996
New Technologies: DSL Cable Modems Digital Fiber Satellites
Fixed Wireless
The Claims of New Players: ILECs Block Access Consumers Want Choice MDU Consumers Denied Choice
The Government Response: Aggressive In Opening Incumbent’s Networks
Section 251
Aggressive In Opening Communities Section 253
Slow to Open the Last Mile Section 706 Section 207
A Review of the FCC’s Competitive Network’s Decision
Exclusive Contracts Demarcation Point Access to LEC Conduits & Rights-of-ways Placement of Small Broadband Antennas
Exclusive Contracts Prohibited in “Commercial” MTEs “Exclusive” Broadly Defined Applies to ILECs & CLECs Treatment of Mixed Use Bulidings Grandfathering of Current Contracts?
Access to Inside Wiring Inside Wiring and DEMARC point Defined Building Owner May Request Move of DEMARC to MPOE MPOE Not Automatic LEC Must Disclose DEMARC Point Within 10 Days ILEC May Install And Maintain Inside Wiring Under Contract
With MTE Owner
Access to Conduits and Rights-of-Ways Section 224: Non Discriminatory Access to Poles,
Ducts, Conduits or Rights-of-Way Owned or Controlled by the ILEC
Right-of-Way Defined Applies to In-Building & Underground Facilities State Law Applies to Determine ILEC’s Right to
Provide Access to Competitors Reasonable Compensation for ILEC Determined on
a Case-by-Case Basis
Placement of Small Antennas OTARD Rules Extended to Fixed Wireless Antennas Does Not Apply to Hub or Relay Antennas Tenant Must Have Exclusive Use or Control of Mounting
Site OTARD Protection Requires Safety Labelling
FCC Still Pondering:Non-Discriminatory Access
Can FCC Prohibit LECs From Serving MTEs Whose Owners Prevent Competitors In?
Does Indirect Regulation Constitute A Taking? Apply to Commercial or Residential MTEs? Both? Details, Details, Details !!! Triggered Only by Tenant Request for Service?
Still Pondering (cont)Exclusive Access Contracts
Apply Prohibition to Residential MTEs?
Apply Prohibition to Existing Contracts?
Sunset Date For Existing Exclusivity Clauses?
Still Pondering (cont):Preferential Marketing (cont)
Ban LEC/Building Owner Relationships that Act to Exclude Others?
BLECs and MTE Owners Cause Abuse?
FCC Still Pondering (cont)Definition of Rights-of-Ways Could it Apply Any Where In Building? Absence of a Defined Space or Pathway?
Cable Home Run Inside Wiring May Telecom Providers Purchase Purchase
Abandoned MVPD Wiring?
Texas: A Trend in the Making?
Non-Discriminatory Treatment by Building Owners
Applies to Commercial and Residential Buildings (4 or more units) Tenant Entitled to Choose Telecom Service Provider MTE Owner May Impose Conditions CLEC Entry Triggered by Tenant Request No Exclusive Contracts Right to Tour Building and Receive Technical Drawings 30 Days Notice to Building Owner of Installation and 30 Day Negotiation
Period Inadequate Space and Safety Concerns Reasonable compensation Dispute Resolution
Government Response: (cont) What’s Up on the Hill ?
House
Senate
Prospects
Government Response: (cont) Executive Orders
State Laws
State Commissioners (NARUC)
