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Broadband Deployment Law Advisor Insight and Commentary on the Deployment of Communications Infrastructure

Tag Archives: Broadband Deployment

Missouri Circuit Court Enjoins Two New Laws Promoting Wireless and Wireline Broadband Deployment

Posted in Broadband Deployment, State Activities, Wireless

As an update to our blog posts dated May 29, 2013 (Communication Attacher Efforts Lead to Laws Governing Pole Owning Electric Cooperatives and Municipalities) and August 13, 2013 (Missouri Enacts Statute Favorable For Wireless Industry and Broadband Deployment), today the Circuit Court of Cole County, Missouri, enjoined and stayed the two Missouri laws (HB 345… Continue Reading

Electric Utilities Seek SCOTUS Review of DC Circuit February 2013 Pole Decision Granting ILECs Pole Attachment Rights

Posted in Broadband Deployment, Infrastructure (Poles, Conduit and Rights of Way), Pole Attachments

 On May 24, 2013, five electric utilities filed a petition for certiorari in the U.S. Supreme Court seeking limited review of the D.C. Circuit’s February 2013 pole attachment decision that, among other things, upheld the FCC’s 2011 Pole Order giving Incumbent Local Exchange Carriers (ILECs) rights to “just and reasonable” rates, terms, and conditions for… Continue Reading

Communications Attacher Efforts Lead to Laws Governing Pole Owning Electric Cooperatives and Municipalities

Posted in Broadband Deployment, Infrastructure (Poles, Conduit and Rights of Way), Pole Attachments, State Activities

At this time of year when state legislative sessions have ended or are coming to a close, there are usually one or two bills making their way to governors for signature that, in some form or another, regulate pole owning electric cooperatives and/or municipalities for pole attachment purposes. As a general matter, electric cooperatives and… Continue Reading

FCC to Study Pole Attachment Costs to Spur Gigabit Deployment

Posted in Broadband Deployment, Infrastructure (Poles, Conduit and Rights of Way), Pole Attachments

At last month’s Broadband Acceleration Initiative workshop, outgoing FCC Chairman Genachowski announced that the FCC would soon release a notice launching an inquiry into pole attachment costs as part of its effort to further reduce barriers to broadband build-out. This announcement followed on the heels of the Chairman’s issuance of the Gigabit Cities Challenge, which… Continue Reading

Disputes Over MDU Access Persist

Posted in Broadband Deployment, MDU Access

You would be forgiven if you thought the status of exclusive agreements for exclusive broadband cable service to “multiple dwelling units” such as condominiums and planned communities (MDUs) was settled. In 2007, the Federal Communications Commission (“FCC”) issued a ruling broadly declaring that such exclusivity agreements are “null and void,” and adopted a rule that… Continue Reading

Regional Transmission Organizations Can Be a Bellwether for Wireless Attachers on Transmission Towers

Posted in Broadband Deployment, Pole Attachments, Wireless

 Throughout the nation, wireless carriers attach their facilities to electric transmission towers, despite the fact that they do not have statutory rights to do so. The rights of wireless carriers to attach to electric facilities generally stems from the federal Pole Attachment Act, as amended by the Telecommunications Act of 1996 (“the Act”), codified at… Continue Reading

Federal Funding Available for Building Broadband Networks for Health Care

Posted in Broadband Deployment, Fiber Networks

Many healthcare providers (HCPs) do not have access to broadband facilities that are capable of supporting bandwidth-hungry telemedicine applications – either because it is simply unavailable or too expensive. Congress recognized this problem when it created the Health Care Support component of the Universal Service Fund. In December 2012, the FCC changed the program to… Continue Reading

Net Neutrality Regulations Will Soon Be In Effect

Posted in Broadband Deployment

UPDATE: Rules published Sept. 23, effective November 20.  Rules now subject to legislative and industry challenges.  Read our DWT Advisory here. On September 9, 2011, the Office of Management and Budget (OMB) signed off on the new data collection requirements of the FCC’s net neutrality order. This allows the Federal Register to publish the net neutrality… Continue Reading

Verizon Challenge FCC’s Net Neutrality Order in Federal Court

Posted in Broadband Adoption, Broadband Deployment, DWT Advisory

Verizon just announced that it has filed a lawsuit in the federal D.C. Court of Appeals to challenge the FCC’s Net Neutrality Order that was adopted during the Commission’s December open meeting.  We have not yet seen the contents of the complaint, but Verizon’s brief press release is available here. For information about the FCC’s… Continue Reading

FCC Approves Comcast-NBCU Deal; Conditions Affect Online Video Programming and Affordable Broadband Commitments

Posted in Broadband Adoption, Broadband Deployment

UPDATE: DWT Advisory is now available! UPDATE: FCC has released the Memorandum Opinion and Order Today the FCC granted approval of the Comcast-NBCU transaction, with conditions and commitments, of course.   Although the order has not yet been released, according to the FCC’s press release, the approval requires Comcast-NBCU to "take affirmative steps to foster competition in the video… Continue Reading

DWT ADVISORY: FCC Releases Details on Net Neutrality Rules

Posted in Accessibility (Persons with Disabilities), Broadband Adoption, Broadband Deployment, Consumer Disclosure Requirements, E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Intercarrier Compensation, Mobile Broadband, Navigation Devices, Privacy and Cybersecurity, Spectrum Initiatives, Tribal Communities

 On Dec. 23, 2010, the Federal Communications Commission (FCC) released its Report and Order (R&O), and the text of the net neutrality rules it adopted on Dec. 21, 2010. The rules are summarized in our prior advisory, but the R&O contains many important details and nuances. (For the full text of the order, see Report and Order).   Transparency… Continue Reading

FCC Adopts Net Neutrality Rules; Relies on Title I Ancillary Jurisdiction

Posted in Accessibility (Persons with Disabilities), Broadband Adoption, Broadband Deployment, E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Intercarrier Compensation, Mobile Broadband, Navigation Devices, Privacy and Cybersecurity, Spectrum Initiatives, Tribal Communities

This morning at its monthly open meeting, the Federal Communications Commission adopted net neutrality rules which largely adopt existing Internet traffic and management practices, impose new non-discrimination and transparency rules, but leave room for specialized or managed services and usage based billing. The order is notable for basing jurisdiction mostly on Title I and ancillary… Continue Reading

Notes on Chairman’s Open Internet Remarks – Rules Will Preserve Reasonable Network Management Practices; Distinguish Between Mobile and Fixed Broadband; No Reclassification of Broadband Services

Posted in Accessibility (Persons with Disabilities), Broadband Adoption, Broadband Deployment, Consumer Disclosure Requirements, E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Intercarrier Compensation, Mobile Broadband, Navigation Devices, Privacy and Cybersecurity, Spectrum Initiatives, Tribal Communities

Earlier today, Chairman Genachowski held a press conference to deliver his remarks on his proposed Open Internet rules, which are scheduled for vote at the FCC’s December 21 open meeting.  The Chairman prefaced his summary of the rules by noting that they are in principle rooted in policy statements of past "Republican" Chairmen Powell and… Continue Reading

FCC to Release Order on “Open Internet” Rules at December Meeting; Chairman To Discuss Issue Today at 10:30 am

Posted in Accessibility (Persons with Disabilities), Broadband Adoption, Broadband Deployment, Consumer Disclosure Requirements, E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Intercarrier Compensation, Mobile Broadband, Navigation Devices, Privacy and Cybersecurity, Spectrum Initiatives, Tribal Communities

Last night the FCC released its tentative agenda for its next open meeting to be held December 21.  Two items are scheduled for consideration, the first being an Order (not a rulemaking or inquiry) adopting Open Internet rules, also known as net neutrality.  The text summarizing the agenda item is as follows: Open Internet Order:… Continue Reading

GAO Releases Report on Broadband in Developed Countries; Finds Deployment Comparable to US But Adoption Rates Vary

Posted in Broadband Adoption, Broadband Deployment

On October 12, the U.S. Government Accountability Office released its report on the state of broadband in developed countries.  According to the report, the GAO was asked to address: The status of broadband deployment and adoption in developed countries, Actions selected countries have taken to increase deployment and adoption, and How recommendations in the National Broadband Plan… Continue Reading

FCC Proceeds with White Spaces Plan for Unlicensed “Super Wi-Fi” Service; Cable Operators Must File within 90 Days to Protect Certain Headends

Posted in Broadband Adoption, Broadband Deployment, Mobile Broadband, Spectrum Initiatives

In adopting its Second Memorandum Opinion and Order during yesterday’s open meeting, the FCC is pressing forward with its plan to allow unlicensed fixed and mobile wireless devices to operate in unused parts of TV spectrum (the TV “white spaces”).  According to FCC Chairman Genachowski, this is the first significant block of spectrum made available for… Continue Reading

FCC Seeks Comment On “Business Broadband Marketplace,” Signaling Potential Establishment of Competition Policies for Broadband Business Services

Posted in Accessibility (Persons with Disabilities), Broadband Adoption, Broadband Deployment, Consumer Disclosure Requirements, E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Intercarrier Compensation, Mobile Broadband, Navigation Devices, Privacy and Cybersecurity, Spectrum Initiatives, Tribal Communities

Today the FCC released a Public Notice seeking comments on what the FCC calls the “business broadband marketplace.”  While this comment cycle is not directly related to any current FCC proceeding (the docket number – WC Docket No. 10-188 – was only created yesterday), the magnitude of information sought hints at the establishment of future regulatory policies, if not… Continue Reading

Comment Dates Set for Further Inquiry of Open Internet Proceeding Regarding Managed Services and Wireless Broadband–Comments Due Oct 12; Replies Due Nov 4

Posted in Broadband Adoption, Broadband Deployment, Mobile Broadband

Yesterday the Federal Communications Commission announced that its recent Open Internet Public Notice, which seeks comment on two “under-developed issues” in the Open Internet Proceeding, was published in the Federal Register, thus setting the comment cycle for this public notice.  Comments are due October 12 and reply comments are due November 4. As we discussed earlier… Continue Reading

Further Inquiry in Open Internet Proceeding Focused on Managed Services and Wireless Broadband Practices; Pole Attachment Proceeding Replies Extended to October 4; Tentative Agenda Set for September Open Meeting Released

Posted in Accessibility (Persons with Disabilities), Broadband Adoption, Broadband Deployment, Consumer Disclosure Requirements, E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Intercarrier Compensation, Mobile Broadband, Navigation Devices, Privacy and Cybersecurity, Spectrum Initiatives, Tribal Communities

This week the Federal Communications Commission issued three important items related to the National Broadband Plan, and broadband services generally.  On September 1, the Commission issued a Public Notice to initiate a Further Inquiry Into Two Under-Developed Issues In The Open Internet Proceeding (GN Docket No. 09-191, and WC Docket No. 07-52).  The original Open Internet NPRM (which we discussed at length… Continue Reading

Reclassification NOI Update – Comment Dates Already Set

Posted in Accessibility (Persons with Disabilities), Broadband Adoption, Broadband Deployment, Consumer Disclosure Requirements, E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Intercarrier Compensation, Mobile Broadband, Navigation Devices, Privacy and Cybersecurity, Spectrum Initiatives, Tribal Communities

This morning the Federal Communications Commission held its monthly open meeting, this time to discuss the Commission’s proposed reclassification efforts for broadband services.  In a three-to-two vote (Commissioners McDowell and Baker dissented), the Notice of Inquiry was adopted, and will seek comment on three ways to regulate broadband – under the Commission’s Title I ancillary authority; under… Continue Reading

NOI on Broadband Reclassification Scheduled for Release at June 17 Open Meeting

Posted in Accessibility (Persons with Disabilities), Broadband Adoption, Broadband Deployment, Consumer Disclosure Requirements, E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Intercarrier Compensation, Mobile Broadband, Navigation Devices, Privacy and Cybersecurity, Spectrum Initiatives, Tribal Communities

This is a reminder that the FCC will hold its next open meeting on Thursday, June 17.  As we noted earlier, and as confirmed by the Commission’s recent Meeting Agenda released this past Friday, this open meeting is expected to be quite entertaining, as it is dedicated to discussing a Notice of Inquiry to initiate… Continue Reading

FCC Agenda for June Open Meeting Dedicated to…Reclassification of Broadband Services

Posted in Accessibility (Persons with Disabilities), Broadband Adoption, Broadband Deployment, Consumer Disclosure Requirements, E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Intercarrier Compensation, Mobile Broadband, Navigation Devices, Privacy and Cybersecurity, Spectrum Initiatives, Tribal Communities

The FCC has released its tentative agenda for its June 17, 2010 open meeting.  Unlike recent agendas for April and May, this one is written such that the June meeting will be dedicated to one, and only one, issue – the reclassification of broadband access service as a telecommunications service.*  According to the agenda, the Commission intends to adopt… Continue Reading

Opinion on the FCC’s Third Way Regulation of the Internet

Posted in Accessibility (Persons with Disabilities), Broadband Adoption, Broadband Deployment, Consumer Disclosure Requirements, DWT Advisory, E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Intercarrier Compensation, Mobile Broadband, Navigation Devices, Privacy and Cybersecurity, Spectrum Initiatives, Tribal Communities

In publicizing his decision to reclassify broadband as a Title II telecommunications service, FCC Chairman Genachowski took some pains to try to reassure the investment community that he was not making any sudden moves that should discourage broadband investment. But despite his efforts to try to limit the impact of his move, he has crossed… Continue Reading

FCC Releases Statement to Regulate Internet Networks Under Limited Title II Authority

Posted in Accessibility (Persons with Disabilities), Broadband Adoption, Broadband Deployment, Consumer Disclosure Requirements, E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Intercarrier Compensation, Mobile Broadband, Navigation Devices, Privacy and Cybersecurity, Spectrum Initiatives, Tribal Communities

Following reports yesterday that Chairman Genachowski was now prepared to assert FCC jurisdiction over the Internet, the FCC released the Chairman’s statement proposing a "third way" to regulate the Internet.  As anticipated by earlier reports, the Chairman’s statement reveals that the FCC would not seek to impose Title II on Internet services in its entirety.  Rather,… Continue Reading