Tag: "right-of-way"

Posted September 29, 2016 by lgonzalez

AT&T lawyers filed suit against Nashville just two days after Mayor Megan Barry signed the new One Touch Make Ready (OTMR) ordinance into law. The Metro Council passed the proposal for the final time, and sent it on to the Mayor, on September 20th.

Seeking Out Streamlining

OTMR was proposed by Google Fiber, which wants to enter the Nashville market by deploying an aerial fiber network. In order to do that, they need to attach fiber-optic cables to utility poles around town, but the current process is cumbersome and will significantly delay the rollout. OTMR streamlines the procedure but would allow some one other than AT&T to manage the rearrangement of wires on all poles in the Nashville rights-of-way. The telecom giant owns about 20 percent of the poles in Nashville; the city’s electric utility, NES, owns the rest.

Three Arguments

AT&T seeks a permanent injunction to stop the city from enforcing the new ordinance. They argue the city does not have the authority to enforce the ordinance - that role is within federal jurisdiction through the FCC.

They go on to state that the Metro Council does not have the authority to pass the ordinance because, according to the city charter, only the Electric Power Board the has the right to pass regulations that deal with issues related to equipment, such as poles and the cable on them. 

AT&T also asks that the court grant a permanent injunction on the basis that they already have a contract with the city relating to AT&T’s wires that are on NES poles. The contract allows the company to handle its own wires and enforcing the ordinance would basically nullify that component of the contract.

What This Is Really About

AT&T filed a similar suit in Louisville earlier this year when the Metro Council there passed OTMR; that suit is still ongoing. Google Fiber wants to serve both communities and, in typical AT&T fashion, the telecom giant is attempting to use the courts to put a block on them. Even before the final Metro Council vote, AT&T...

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Posted August 4, 2016 by lgonzalez

In 2015, Nashville welcomed Google Fiber with open arms, anticipating all the possibilities gigabit connectivity could mean for businesses and residents. The deployment is moving slowly, however, in part because of time consuming make ready work on utility poles. In order to speed up the process and establish better policy for the city in general, Nashville has just introduced a one touch make ready ordinance.

Too Many Wires

A recent Nashville Scene article described the situation, common in a number of communities where utility poles already carry a number of wires:

The thousands of poles that stand around the city, most of which are owned by Nashville Electric Service, are arranged with power on top and communications equipment in a line below that. In Nashville, this means NES equipment pushes electricity up top, while broadly speaking, gear from Comcast and AT&T — whether for home phone, cable or internet service — operates below. 

Enter Google Fiber. Because Nashville largely sits on a massive bed of limestone rock, running cable underground is, for the most part, not a viable option. That means Google has to join its new friends in the industry on the poles, through a process known as Make Ready. In a typical scenario, that involves Google — or any other new company trying to enter the market or get on a particular pole — notifying NES, which will then notify each telecom company that it needs to send a crew to the pole — one after another — to move their equipment and accommodate the new party. The process can take months, even if contractually mandated time frames are followed. Google Fiber officials and operatives working on their behalf suggest that’s not always the case. 

One-Stop Approach

One touch make ready will allow one entity the ability to move all the wires from all the entities at one visit. Louisville, Kentucky, has enacted one touch make ready but AT&T and Frontier have joined forces to sue the city to stop it. The policy cuts...

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Posted July 18, 2016 by lgonzalez

In Connecticut, local municipalities want to take advantage of the state’s unique “Municipal Gain Space” but invoking the law has not been hassle-free. As towns try to place fiber-optic cables on this reserved section of utility poles, questions arise that need answering. 

Giving Towns Some Room On The Poles

The Connecticut statute grants state departments and municipalities the right to use space on all of the approximately 900,000 utility poles sitting in the municipal Rights-of-Way (ROW), regardless of ownership. One of the state's electric providers and either Verizon or Frontier jointly own most of the poles.

The law was created in the early 1900s for telegraph wiring and as new technologies and wire types evolved, a number of law suits ensued. Cities and state entities usually won, preserving the space, but the process of getting attachment agreements approved became more burdensome and expensive. In 2013, the state legislature amended the law so municipalities could access to the space “for any use.” The change opened the door for hanging fiber for municipal networks and partnering with private providers.

A Little Help Here...

In theory, it seems simple but in practice, pole administrators - Electric Distribution Companies (EDCs) and telephone companies - and government entities need guidance. As communities across the state band together to improve local connectivity and try to use the law, they have uncovered its flaws. It has potential, but the Municipal Gain Space law needs sharpening to be an effective tool. Its application rules are not sufficiently defined and a number of technical issues are not addressed. 

The state’s Public Utility Regulatory Agency (PURA) has the authority and responsibility to establish rules to settle the problems with the law. Deploying a municipal network is no small task; the Office of Consumer Counsel (OCC) and the State Broadband Office (SBO) hope to simplify the process for local communities. They have petitioned PURA to clarify the Municipal Gain Space rules. In their formal petition,...

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Posted June 20, 2016 by lgonzalez

The Port of Lewiston’s dark fiber network is up and running and now has connected a commercial customer, reports 4-Traders, but achieving the maximum reach has hit some resistance.

Warehousing and distribution company Inland 465, is operating a 150,000 square-foot warehouse and obtaining Internet access from First Step Internet, which leases dark fiber from the Port of Lewiston’s network. Community leaders hope this is the first of many commercial customers.

Last summer the community announced that they intended to deploy an open access dark fiber network to spur economic development opportunities. The network plan called for a connection to nearby Port of Whitman’s fiber network, which has operated for more than a decade.

Bumps On Bridges

According to 4-Traders, the Port of Lewiston is encountering issues deploying over the optimal route for expanding to serve more commercial clients. The community is near the Clearwater and Snake Rivers and must cross bridges en route to connect with nearby networks in the ports of Whitman County and Clarkston. Both communities have their own fiber networks and would like to connect to Lewiston’s new infrastructure. The collaborations would allow a larger loop and better redundancy for all three networks.

The Port of Whitman has an agreement with Cable One to use the provider's hangers on the bridge across the Clearwater River. In exchange, Cable One is allowed to access certain Port of Whitman County conduit on a different bridge. The state of Idaho issued the permit to Cable One to allow them to install the hangers and now the Port of Whitman County is applying to the state to have those same permits issued in its name. Once the Port of Whitman County has the permits, the Port of Lewiston will be able to use the hangers to connect to the Port of Whitman County network.

CenturyLink's Conduit...Or Is It?

conduit-blue.jpg

In order to achieve the maximum reach, Port of...

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Posted May 26, 2016 by lgonzalez

After our article earlier this month on US Internet’s problems obtaining permission to install conduit under Minneapolis Park Board boulevard property, several other articles appeared in local media.

TV station KARE 11 ran a piece on the issue and interviewed Julie Stenberg, who observed, "Technically it's park land, but people are not playing Frisbee, they're not picnicking here.” (Watch the video below.)

The Star Tribune also ran an article noting that people like Julie, who live adjacent to park owned boulevards, may never have the opportunity to take Fiber-to-the-Home (FTTH) service from the local provider.  If US Internet wants to obtain a permit to bury conduit along the parkway in order to get to Julie's house - the only option available - they will have to shell out $27,000 in fees. People around the corner from Julie are already getting FTTH service from US Internet.

Permit Denied

According to the Strib, Commissioners denied a permit for boulevard placement and for placement under Minnehaha Creek in South Minneapolis because it lacked the detail they required. The Park Bard is concerned about damage to trees during both conduit placement and any maintenance:

“We’d directional drill, and we’d be 12 to 14 feet under the creek bed,” [US Internet’s Vice President Travis] Carter said. “You will not see anything when we’re done. It’s just a pipe deep underground that nobody will see.”

US Internet has no access to Comcast and CenturyLink poles, so an underground network is its only option. Alleys are too tight to safely use the boring and maintenance equipment, especially in the winter, but the Park Board is not convinced, “It’s really important for USI to demonstrate that there’s no alternative,” [Assistant Park Superintendent Michael Schroeder] said.

Caught Behind A Boulevard And A Creek

Addresses south of Minneahaha Creek may not get access if the two parties do not resolve the problem. In order to reach thousands more homes and businesses they intend to pass, US Internet will need to place fiber under the creek in three...

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Posted May 10, 2016 by htrostle

Minneapolis is proud of its parks and trails and the City of Lakes has nurtured its jewel by fiercely protecting city parklands. The policy is effective but causing a bit of a headache for local Internet Service Provider, US Internet as the company deploys a Fiber-to-the-Home (FTTH) network in Minneapolis.

The boulevards in front of some houses are Minneapolis parkland and the Parks and Recreation board recently voted down US Internet’s request to use those boulevards for conduit for its underground network. Now, homes bordering lakes and parkland will have to wait longer than their neighbors for FTTH. The situation illustrates one more challenge facing new entrants: right-of-way issues.

No Alternatives Available

US Internet explained in December that they had no alternatives to the boulevards. They can't use Minneapolis' narrow alleys, which are too cramped to safely use the boring equipment for installing underground conduit and fiber. The hard surface of the alleys prevents winter access for maintenance.

Aerial networks are not an option either. The current utility poles are under the control of Comcast, CenturyLink, and Xcel and the city will not allow any more aerial installations. There’s only so much space on a utility pole.

Is All Parkland the Same?

Right now, the park's boulevards do not have a separate classification and are treated the same as all other parkland. Although the Minneapolis parks need money for renovations, the Park Board decided not to leverage boulevard access for money. Park Board Commissioner Brad Bourn explained to the community newspaper Southwest Journal:

“We have to be careful of the precedent we set…  The purposes of our procedures are first and foremost to protect parkland.” 

How to use public land for the public good can be a difficult balancing act. The Park staff is now working to find possible solutions.

Residents who want FTTH but whose homes are located along park property are waiting. Resident Julie Stenberg signed up for US Internet in part because she knows that lack of FTTH will negatively impact her property values. She told the Journal:

She said it’s frustrating — no one is picnicking on the boulevard in front of her...

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Posted March 31, 2016 by htrostle

In the Village of Yellow Springs, Ohio, Springs-Net has created quite a stir among the 3,500 people. This grassroots group of villagers is advocating for a municipal network. Last year, they hosted a community Fiber Forum featuring our own Chris Mitchell. Now, they’re continuing the push for better home Internet access.

Springs-Net released a white paper on a possible municipal fiber network, bringing the results to the Village Council on February 16th. Although cautious of leaping into a large project, the Village Council recognized the benefits a network could have for the town and agreed to meet with the group in April to discuss next steps to improving connectivity.

Working From Home? Yellow Springs Says "Yes"

At the February 16th Village Council meeting, Scott Fife represented Springs-Net to provide an overview of the findings in the white paper. A retired Director of Information Technology at Centerville City Schools, Fife concentrated on information most relevant to the needs of the Yellow Springs community. 

According to Fife, over the last 15 years, the local business community has grown to include over 195 home-based businesses, an increase of 35%. In addition, the number of home-based engineering or scientific workers has increased 69% during the same period. Fiber connectivity could boost these existing businesses while attracting new ventures to the Village. 

As we've noted before on MuniNetworks, community networks can enable residents to work from home, avoid the commute, and increase family time. Much like Yellow Springs, Westminster, Maryland, wanted to improve Internet service for its citizens. The city decided to partner with a private company called Ting to build a community network. Now, some Westminster residents are able to telecommute rather than travel to their offices. With home-based productivity increasing in Yellow Springs, the village may indeed find a fiber network...

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Posted March 28, 2016 by htrostle

On the border of Kentucky and Indiana a fight is brewing as AT&T and Google Fiber have both announced plans to bring Gigabit Internet service to Louisville, Kentucky. Home to over half a million, the city could see major economic development with new ultra high-speed Internet access, but there’s a problem: the utility poles.

AT&T is suing the city over a “one touch make-ready” ordinance. On February 11, 2016, the Louisville Metro Council passed the ordinance in order to facilitate new competitors, i.e. Google Fiber. 

Utility Poles: Key to Aerial Deployment

Make-ready is the shorthand for making a utility pole ready for new attachments. Although it may seem simple, this process is often expensive and time-consuming. To add a new cable, others may have to be shifted in order to meet safety and industry standards. Under the common procedure, this process can take months as each party has to send out an independent crew to move each section of cabling. 

To those of us unfamiliar with the standards of pole attachment it may seem absurd, but this originally made sense. Utility poles have a limited amount of space, and strict codes regulate the placement of each type of cable on the pole. Competitors feel they have to fiercely guard their space on the pole and cannot trust other providers to respect their cables. Make-ready must involve coordination between multiple providers and the utility pole owners. For some firms, like AT&T, this is an opportunity to delay new competition for months.

“One touch make-ready” simplifies the entire process. A single crew only makes one trip to relocate all the cables as necessary to make the utility pole. Under the amended ordinance in Louisville, the company that wants to add a cable to the utility pole can hire a single accredited and certified crew, approved by the pole owner, which will accomplish the work much more quickly and at lower cost. Also, it must pay for needed fixes or any damages to the pole-owner’s equipment and inform the pole-owner of any changes within 30 days. Such “one touch make-ready” policies quicken network deployments by preventing delays inherent in...

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Posted January 8, 2016 by lgonzalez

An increasing number of communities appreciate the significance of dig-once policies. Municipal, state, and federal leaders are taking the advice of groups like Next Century Cities and implementing some form of the dig once approach to speed up deployment of telecommunications infrastructure. The next "no-brainer" policy is the one-touch make-ready or OTMR for pole attachments.

Make-ready work on utility poles is typically time consuming because it often requires multiple crews from different entities to move existing lines placed on the pole for different services. Before the new fiber line can be attached, those lines need to be rearranged to make room. When a community adheres to an OTMR policy, companies that own the poles agree to conditions that streamline the process.

Next Century Cities recently covered the policy on their blog where you can learn more about the details of this new approach, described it as the next "common sense" solution:

Perhaps most importantly: providers are likely to look more favorably on OTMR communities as they plan their investments, benefiting both companies and consumers. Across the country there have been complaints about lengthy processes to acquire access to poles and complex make-ready processes that require coordination among multiple providers to make changes… By implementing one touch make-ready policies, companies will benefit from less red tape, communities will benefit from less disruption, and everyone will benefit from faster deployment and increased connectivity.

Be sure to check out the FTTH Council's November 2015 white paper on OTMR, Role of State and Local Governments in Simplifying the Make-Ready Process for Pole Attachments, accessible from the Next Century Cities blog.

Posted January 6, 2016 by Scott

A new state law is on the books in Vermont that supporters expect will encourage more investor activity supporting community broadband networks. 

The new law, which took effect this past June, allows for the creation of “communications union districts,” enabling towns and cities to band together to form geographic entities dedicated to establishing fiber-optic broadband networks for their area’s residents and businesses. 

A New Nomenclature

While Vermont towns have been able to work cooperatively via inter-local contracts, the new law is less cumbersome and uses a governmental nomenclature more familiar to most people—the union district. The union district governance model has been used for many years throughout Vermont, including by various utilities that have multi-town operations to handle, for example, sewer and water service.  

Carole Monroe; general manager of the East Central Vermont Community Fiber-Optic Network (ECFiber), a consortium of 24 Vermont communities that have banded together to provide broadband service; told our Christopher Mitchell there isn’t much practical difference for her group operating now as the East Central Vermont Telecommunications District instead of by an inter-local contract.  

“But I can say that in the municipal investment markets, they’re much more familiar with the municipal utility district, whether it’s a water district or sewer district or something along those lines,” Monroe told Chris in a recent edition of Community Broadband Bits podcast. “A municipal utility district is a common language for them. Inter-local contracts, not so much.” 

ECFiber Grew From Inter-Local Contract 

Irvin Thomae, chairman of the EC Vermont Telecommunications District board, agreed. He noted that seven years ago the east central Vermont communities created ECFiber through an inter-local contract. “But this (the inter-local contract) was unfamiliar to investors beyond our state borders,” Thomae told us.

“We needed a structure more capable of being recognized by large institutional investors. It (the communications union district) makes it easier for community broadband networks to appeal more for large investors.”

Jerry Ward, an ECFiber delegate from Randolph Center, earlier in 2015...

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