FCC Technical Advisory Council Recommends New Broadband Infrastructure Deployment Policies

The FCC’s Technical Advisory Council (“TAC”) recently released eight new policy proposals intended to expedite broadband infrastructure deployment and a migration to IP networks. A copy of the recommendations is available here. Several proposals, if adopted, would have a direct (and potentially meaningful) impact on providers deploying next generation broadband network equipment, primarily by reducing federal and municipal delays in broadband network infrastructure deployment. However, the TAC also suggests opening dialogues on standardized metrics for measuring broadband performance other than speed, creating protected spectrum on which to offload wireless broadband data; and on the need to replace embedded legacy equipment that is not designed for IP.

The recommendations are the TAC’s top ideas for embracing “near term” opportunities for promoting private sector innovation and job creation without working through traditional regulatory processes. Thus, these proposals are notable as those which the TAC believes that the FCC can quickly adopt and implement without first undertaking the often long and rigorous rulemaking process.

1. Incent municipalities to expedite permitting and approval – FCC should publicize municipal best practices for broadband infrastructure and deployment, with a “race to the top” contest and public rankings of cities with the most broadband-friendly infrastructure approval processes.

2. Executive order to streamline broadband deployment on federal property – President should issue an Executive Order mandating a streamlined, single-agency, 60-day review and approval process for deployment of broadband infrastructure on federal property, in particular for Federal rights-of-way and antenna siting approvals.

3. Advocate rapid tower siting processes – FCC should signal states and municipalities to permit co-location “by right” and employ a shortened “shot clock” for co-locations on existing structure — or the FCC will do so.

4. Best practices for new broadband deployment technologies – FCC should educate States and municipalities about proven new broadband deployment technologies like distributed antenna systems (DAS), micro-trenching, and directional boring.

5. Model an online deployment coordination system – FCC should develop a web-based communication tool that municipalities can adopt to provide advance notice of planned infrastructure projects.

6. Adopt new metrics to measure broadband network quality – FCC should develop broadband “extended” service quality metrics (beyond throughput speed) to assist providers, consumers and policymakers in evaluating broadband capabilities for applications such as healthcare monitoring or emergency services.

7. Highlight stranded PSTN investments – FCC should initiate a public dialogue about the need to replace legacy PSTN equipment, including auto-dialers, alarm systems, ATMs, PoS terminals, etc., that are not designed for IP networks.

8. Promote “small cell” deployment – FCC should convene an industry-led forum to accelerate deployment of small cell wireless devices (i.e., DAS, femtocells, Wi-Fi) in commercial and government buildings and other high teledensity venues. TAC recommends the development of “universal architectures” for single devices to support multiple providers and a new a small cell band spectrum allocation to offload broadband network data with assurances of interference protection.

Chaired by Tom Wheeler, former head of the NCTA and CTIA (and now with Core Capital Partners), the TAC is a federal advisory council charged with identifying “important areas of innovation” and “informed technology policies” that support competitiveness and job creation. Its proposals do not have the force of law, and are not binding on the FCC. However, these recommendations are predicated upon the assumption that changes can occur through intergovernmental dialogue and collaboration, and that there are executive or administrative actions that can occur immediately, without formal rulemaking. The TAC’s recommendations will likely play a role in the FCC’s recent right-of-way and tower siting Notice of Inquiry proceeding, see DWT Alert, and other related proceedings.

For more information, please contact KC HalmScott Thompson,  Paul Glist, or Maria Browne.

DWT Advisory: An Advertising Perspective on the Kerry-McCain and Stearns-Matheson Privacy Bills

By Paul Glist

Last week, Sens. John Kerry and John McCain and Reps. Cliff Stearns and Jim Matheson offered new privacy bills. The Kerry-McCain Senate bill and the Stearns-Matheson House bill each seeks to apply a common set of fair information practices on virtually all businesses, online and offline, that collect information about consumers or consumer behavior. For the moment, both bills are directed to commercial and non-profit organizations (such as many online businesses) that are currently not under privacy regulation.

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New Regulations Adopted Governing Communications Attachments to Utility Poles

Following up on its National Broadband Plan promise of a year ago (see our advisory), today the FCC voted to adopt several pole attachment rule changes. While the text of the order has not yet been released, here is a brief summary of some of the key actions. We will post a more detailed analysis of this item shortly.  UPDATE: Our DWT Advisory on the FCC's order is now available here, as well as our Advisory on how the order impacts wireless deployment, which is available here.)      

We previously summarized the full set of pole attachment rule changes proposed in May of 2010. Among the changes adopted today are:

 

  • The pole attachment rate formula for telecommunications service attachments will be altered so that the telecom rate will be nearly equal to the lower cable rate. 
  • Utilities must complete the attachment make-ready process within 5 months after application, with an additional 60 days for large applications. This includes all time needed for pole surveys, cost estimate, acceptance, and construction. In addition, utilities must allow attachers to employ qualified independent contractors for such construction.  
  • Going forward, ILECs will have the right to file formal complaints with the FCC concerning unjust and unreasonable electric utility pole attachment rates, terms, and conditions, but will not get automatic rights to regulated pole rates as do cable operators and CLECs.  
  • The make-ready process for pole top wireless antennas must be completed within 6 months after application. In addition, wireless providers are entitled to the same rates as telecommunications providers. 

 

From the Broadcast Law Blog....Comment Deadline on Video Description Rulemaking Extended

As David Oxenford wrote on our sister site, the Broadcast Law Blog, the FCC has granted an extension of time to submit comments in its proceeding to re-institute video description rules for television programming.  Comments are now due April 28th, and Reply Comments are due by May 27th.  A copy of the FCC's recent Order extending the deadline is available here.  As we wrote about earlier (here), this rule making proceeding seeks to reinstate the Commission's prior video description rules with certain modifications, as required by the Twenty-First Century Communications and Video Accessibility Act of 2010 (the CVAA). The proposed rules would require large market broadcast affiliates of the top four national networks and most cable operators and DBS providers to provide programming with audio narrated descriptions of a television program’s key visual elements beginning as soon as first quarter 2012.  Davis Wright Tremaine previously summarized the Act in our earlier advisory available here.

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April Open Meeting to Include Orders to Reform Pole Attachments, CMRS Data Roaming; and Inquiries on Access to Government ROW, Wireless Siting, Network Reliability Standards

The FCC has released its agenda for its April 7 Open Meeting.  As announced in its tentative agenda, the April 7 meeting will include adoption of an order altering FCC regulations governing pole attachments.  As we wrote earlier, this order will likely address most of the outstanding issues left over from the FCC's May 2010 pole attachment order, including attachment rates for telecom carriers and access and enforcement issues.

Other items on the agenda include:

  • Report and Order on CMRS data roaming arrangement;
  • Report and Order to detect and prevent fraud in provision of video relay service;
  • Notice of Inquiry on access to government rights of way and wireless facility siting requirements;
  • Notice of Inquiry on communication network reliability standards; and
  • Proposed Rulemaking on gaps in wireless coverage;