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Broadband Wireless World Forum 2001

Broadband Wireless World Forum 2001. Building Access Case Study: Gaining Customers Without Sacrificing Profitability to Building Owners and Managers Brent Weingardt Brian Andrew Richard Stern Tuesday February 20, 2001 2:00 – 3:00pm. Broadband Wireless World Forum 2001.

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Broadband Wireless World Forum 2001

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  1. Broadband Wireless World Forum 2001 Building Access Case Study: Gaining Customers Without Sacrificing Profitability to Building Owners and Managers Brent Weingardt Brian Andrew Richard Stern Tuesday February 20, 2001 2:00 – 3:00pm

  2. Broadband Wireless World Forum 2001 Competitive Access to MTEs/MDUs: The Government Weighs In Brent Weingardt Bennet & Bennet, PLLC 202-371-1500 bweingardt@bennetlaw.com

  3. 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

  4. Precursors to the Access Issue: • Market Concentration • Regulatory Changes • Technology Changes • MTU Consumer Disconnect

  5. The Changing Regulatory Environment: • Pre - 1984 • Pre - 1996 • Post -1996

  6. New Technologies: • DSL • Cable Modems • Digital • Fiber • Satellites • Fixed Wireless

  7. The Claims of New Players: • ILECs Block Access • Consumers Want Choice • MDU Consumers Denied Choice

  8. 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

  9. 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

  10. Exclusive Contracts • Prohibited in “Commercial” MTEs • “Exclusive” Broadly Defined • Applies to ILECs & CLECs • Treatment of Mixed Use Bulidings • Grandfathering of Current Contracts?

  11. 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

  12. 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

  13. 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

  14. 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?

  15. Still Pondering (cont) Exclusive Access Contracts • Apply Prohibition to Residential MTEs? • Apply Prohibition to Existing Contracts? • Sunset Date For Existing Exclusivity Clauses?

  16. Still Pondering (cont): Preferential Marketing (cont) • Ban LEC/Building Owner Relationships that Act to Exclude Others? • BLECs and MTE Owners Cause Abuse?

  17. 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?

  18. 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

  19. Government Response: (cont) • What’s Up on the Hill ? • House • Senate • Prospects

  20. Government Response: (cont) • Executive Orders • State Laws • State Commissioners (NARUC)

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