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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
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 20011
Broadband Wireless World Forum 2001

Competitive Access to MTEs/MDUs:

The Government Weighs In

Brent Weingardt

Bennet & Bennet, PLLC


  • 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
Precursors to the Access Issue:
  • Market Concentration
  • Regulatory Changes
  • Technology Changes
  • MTU Consumer Disconnect
the changing regulatory environment
The Changing Regulatory Environment:
  • Pre - 1984
  • Pre - 1996
  • Post -1996
new technologies
New Technologies:
  • DSL
  • Cable Modems
  • Digital
  • Fiber
  • Satellites
  • Fixed Wireless
the claims of new players
The Claims of New Players:
  • ILECs Block Access
  • Consumers Want Choice
  • MDU Consumers Denied Choice
the government response
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
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
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
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
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
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
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
Still Pondering (cont)

Exclusive Access Contracts

  • Apply Prohibition to Residential MTEs?
  • Apply Prohibition to Existing Contracts?
  • Sunset Date For Existing Exclusivity Clauses?
still pondering cont1
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
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
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
Government Response: (cont)
  • What’s Up on the Hill ?
  • House
  • Senate
  • Prospects
government response cont1
Government Response: (cont)
  • Executive Orders
  • State Laws
  • State Commissioners (NARUC)