Tag: "right-of-way"

Posted March 9, 2017 by Nick Stumo-Langer

On March 7th, Christopher participated in a panel discussion sponsored by Politico and Qualcomm as part of an event called "The Future of the Wireless World." The panel was moderated by Politico Technology Reporter Alex Byers and included the following participants:

  • Steven Crowley, P.E., Consulting Wireless Engineer
  • Mindel De la Torre, former Chief of the International Bureau, Federal Communications Commission
  • Christopher Mitchell, Director of Community Broadband Networks Initiative, Institute for Local Self-Reliance
  • Joan Marsh, Senior Vice President of Federal Regulatory, AT&T

Watch the video at Politico's website.

Highlights from this conversation include Christopher's interaction with the AT&T representative about their claim that a "one touch make ready" policy was specific to Google Fiber. This interaction is at 36:20 in the conversation.

Posted March 3, 2017 by Lisa Gonzalez

Earlier this legislative session, we followed legislation in Virginia, which would have negatively impacted municipalities’ ability to use their publicly owned infrastructure to improve connectivity. We’re now watching a bill in Missouri that’s been resurrected from legislation that died last year. Another state bill just appeared on our radar in Georgia that interferes with local community authority by prescribing stringent rules on permitting and applications.

The Wrong Direction

When our Christopher saw it, he said: 

This is based on the false notion that cities are the barrier to better networks rather than recognizing the power of pole owners and existing attachers as a far more significant barrier.

The bill, HB 336 or the Broadband Strategy for All of Georgia Act, allows communities to be certified as “broadband ready,” which may allow providers that serve those communities eligible for state tax incentives. In order for a community to be certified as a “broadband ready community,” it must comply with a specific model ordinance, created by the state that dictates the process for reviewing applications for broadband projects.

The bill starts out all wrong, by defining broadband as 10 Megabits per second (Mbps) download by 1 Mbps upload. 10:1 not broadband.jpg Clearly that indicates that its point of origin is the incumbent telephone companies who want to make it easier to provide their slow DSL, rather than encourage upgrades to the FCC definition of “broadband.” As a reminder, the federal government considers broadband to be 25 Mbps / 3 Mbps.

The process proposed in HB 336 assumes that local communities that are trying to protect their public spaces are the bad guys and any DSL or cable company who wants to insert their lines or equipment in public space is but a poor victim. The bill applies to any “public rights of way, infrastructure and poles, river and bridge crossings, or any other physical assets owned or controlled by the political subdivision.”

The Heavy Hand Of The State

HB 336 caps application...

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Posted March 3, 2017 by Lisa Gonzalez

The town of Palm Beach, Florida, has decided to clear its skies. Starting this summer, the city is engaging in an undergrounding project to move electric, telephone, and cable Internet infrastructure. City leaders have decided to take advantage of the opportunity and seek out ideas for Internet infrastructure, either publicly owned, or a partnership arrangement. Palm Beach issued a Request for Information (RFI) in February for Broadband and Communications Services; responses are due March 15, 2017.

According to the online information about the RFI:

The undergrounding project will continue in phases until every resident, enterprise and anchor institution is connected by and through underground services. This once in a lifetime event presents a unique opportunity for Service Providers to participate in potentially reducing their cost of providing infrastructure and enable Services to expand in to a new market.

Private providers have already approached the city for permission to install fiber-optic cable in Palm Beach rights-of-way (ROW) and the city hopes the additional revenue will ease the cost of the undergrounding project.

Palm Beach’s year-round population is around 11,000 but the coastal community swells to 30,000 during the tourist season. The community is actually located on a 16-mile long barrier island separated from its neighbor West Palm Beach by the Intracoastal Waterway. The community is affluent, with a median household income of approximately $125,000. 

We’ve written about nearby communities in Palm Beach County, including Lake Worth, Florida, where the community chose to pursue a free public Wi-Fi project as a matter of social justice.

Check out the details on the RFI at the city’s website.     

Posted February 17, 2017 by Staff

 

Duffy Newman: The reason the carriers are using this type of technology is because they're trying to improve coverage but they're also looking at capacity.

Lisa Gonzalez: This is episode 239 of the Community Broadband Bits Podcast from the Institute for Local Self-Reliance. I'm Lisa Gonzalez. Last week, we talked to Lincoln, Nebraska, a community using its fiber and conduit resources to improve wireless service in the city, using small cell technology. In this episode, Christopher gets the perspective of an infrastructure company that works on small cell deployment with wireless carriers. Duffy Newman is the acquisitions manager and corporate development in strategy for Crown Castle. Chris and Duffy touch on the function of Crown Castle and Duffy offers more detail on how small cells work and the difference between the new small cell technology and the traditional mobile wireless systems.

Christopher Mitchell: Hey folks, this is Chris Mitchell, the most of Community Broadband Bits. I just wanted to ask you if you could do us a real big favor to help us spread this show around. That's to jump on iTunes or Stitcher, wherever you found this show, and to give us a rating. Give us a little review, particularly if you like it. If you don't like it so much, then maybe don't do that, but if you're enjoying the show, please give us a rating and help us to build the audience a bit. Thanks.

Lisa Gonzalez: Now, here's Christopher talking with Duffy Newman, acquisitions manager and corporate development and strategy for Crown Castle.

Christopher Mitchell: Welcome to another edition of the Community Broadband Bits Podcast. I'm Chris Mitchell at the Institute for Local Self-Reliance. Today, I'm speaking with Duffy Newman, the acquisitions manager and corporate development and strategy at Crown Castle. Welcome to the show, Duffy.

Duffy Newman: Thanks, Chris.

Christopher Mitchell: I'm very glad to have you on. This show is following one week after we've just talked a little bit about what Lincoln is doing with small cells. I'm excited that our audience has some sense of how one city's dealing with it but now, I think we're going to talk a little bit more about what small cells are and offer people a better explanation. I think the best place to start would be with what Crown Castle does. Can you tell...

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Posted February 11, 2017 by Lisa Gonzalez

Rights-of-Way rules vary from state to state and local policies can also influence how the publicly owned spaces are managed. Throw utility poles into the mix and the situation is even more complex. In order to help local communities get started on investigating pole attachment requirements in their states, Next Century Cities has published a Guide to Pole Attachments.

From the guide:

Utility poles have become one of the great battlegrounds in the effort to expand next-generation Internet network infrastructure deployment. Pole access determines whether a new provider is able to easily and cost effectively bring broadband infrastructure to a community. This in turn plays a significant role in the level of competition, and the services available to local businesses and residents. However, gaining access to these poles is often a long, difficult, and expensive process, making the barrier to entry incredibly high.

In addition to offering basics organized by state, the guide supplies information on One Touch Make Ready (OTMR) and FCC regulations. There are links to authorities you can use as starting points in your research, including FCC Report and Orders, state statutes, and policy papers. If you find yourself searching out pole attachment information on a regular basis, the guide is worth a bookmark. 

Posted February 7, 2017 by Christopher Mitchell

After last week's podcast on Lincoln and its small cell policy, we wanted to offer a longer discussion about small cell wireless technology and the policy around it. Crown Castle is a firm focused on enabling wireless solutions and Acquisitions Manager in Corporate Development Strategy Duffy Newman joins us for episode 239 of the Community Broadband Bits podcast.

We explore what small cells are and how important they are to the future of improved wireless access. These devices are usually connected by fiber and allow an existing wireless service to improve bandwidth and reliability. Duffy offers the example of Philadelphia during the Pope's visit as a particularly good example of small cells in action. 

We also talk about local governments and the role they can play in enabling this technology and why it is important to have each node connected by fiber. 

Read the transcript of the show here.

We want your feedback and suggestions for the show-please e-mail us or leave a comment below.

This show is 27 minutes long and can be played on this page or via iTunes or via the tool of your choice using this feed.

You can download this mp3 file directly from here. Listen to other episodes here or view all episodes in our index.

Thanks to Admiral Bob for the music. The song is Turbo Tornado (c) copyright 2016 Licensed under a Creative Commons Attribution (3.0) license. Ft: Blue Wave Theory.

Posted November 15, 2016 by Christopher Mitchell

When we last spoke to people from Lincoln, Nebraska, about their innovative conduit program to improve Internet access, we focused on how they had done it - Conduits Lead to Competition, podcast 182. For this week and episode 228 of the Community Broadband Bits podcast, we focus more on the community benefits their approach has led to.

We are once again joined by David Young, Fiber Infrastructure and Right of Way Manager in the Public Works Department. We offer a shorter background about the history of the project before focusing on the franchise they developed with local ISP Allo. Allo is building citywide Fiber-to-the-Home and has agreed to provision 15 VLANs at every endpoint. We talk about what that means and implications for schools specifically.

We also touch on permitting issues for local governments and David explains his philosophy on how to speak to the community about potential projects in an engaging manner.

Read the transcript of the show here.

We want your feedback and suggestions for the show-please e-mail us or leave a comment below.

This show is 30 minutes long and can be played below on this page or via iTunes or via the tool of your choice using this feed.

You can download this mp3 file directly from here. Listen to other episodes here or view all episodes in our index.

Thanks to mojo monkeys for the music, licensed using Creative Commons. The song is "Bodacious."

Posted September 29, 2016 by Lisa Gonzalez

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 Lisa Gonzalez

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 Lisa Gonzalez

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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