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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)