How to Build aNext- Generation Network

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Georgiana Carr
3 years ago
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1 Local Strategies for Building Next- Generation Networks The Evolving Role of Permitting and Environmental Review in US Communications Policy Alex J. Braunstein, Kearns & West, USA

2 Contexts: Permitting requirements for NGN networks Emphasis on permitting barriers in the NBP. Understanding the agreements behind municipal networks Permitting/environmental review as policy lever for infrastructure investment

Understanding the agreements behind municipal networks

3 Contexts: Permitting requirements for NGN networks Understanding the mechanisms behind the Google Fiber project Project within the larger context of rejoinder to the National Broadband Plan Congressional testimony; coverage/analysis that project could never happen in California

context of rejoinder to the National Broadband Plan Congressional

4 Contexts: Permitting and internet governance SB1161 prevents regulation of VOIP and IP-based services in CA, with exceptions Implementing statute of of SB 1161 excludes: The California Environmental Quality Act (CEQA) Management of Public Rights of Way

exceptions Implementing statute of of SB 1161 excludes: The

5 CPUC proceedings and SB universal service and the offering of basic service and lifeline service (Lifeline proceeding) consumer protection and unfair deceptive trade practice laws or ordinances (Privacy APD-potential privacy proceeding). CEQA and management of public ROW (GO I70/CEQA proceeding) CPUC would become lead agency for any CEQA process tied to a communications projects

proceeding) consumer protection and unfair deceptive trade practice laws or ordinances (Privacy

6 Federal contexts Accelerating Broadband Infrastructure NTIA/RUS ARRA programs National Broadband Plan Interagency/Federal Working Group

7 Permitting and rural access Improved processes for providing access to Federal lands and buildings for broadband deployment would increase the number of critical middle mile broadband facilities serving rural communities, improve services in urban areas, help increase competition between broadband providers, and multiply the public benefits of existing Federal infrastructure investments.

facilities serving rural communities, improve services in urban areas, help increase competition

8 Key tactics Interagency coordination Stakeholder input New technological tools

9 Key tactics Interagency coordination Stakeholder input New technological tools Development agreements Negotiated access to public assets/existing ROW Categorical exemptions for NEPA/CEQA; state/federal guidance to manage environmental compliance

to public assets/existing ROW Categorical exemptions for

10 Case studies Google Fiber Kansas City Central Valley Next Generation Broadband Infrastructure Project Los Angeles FTTH Network RFP

11 Google Fiber Kansas City Commercially reasonable efforts to offer service at speeds up to 1Gbps Build, operate and maintain the FTTH network High speed internet to the city at 300 locations Commitment to extend service to economically distressed areas Manage all coordination with resident community groups, neighborhoods, blocks, and residents on project logistics, impacts, and schedule

Commitment to extend service to economically distressed areas Manage all coordination with

12 Google Fiber Kansas City Development agreement negotiated access: City Rights of Way assets and infrastructure, including conduit, fiber, poles, rack space, nodes, buildings, facilities, and available land. Cooperation form Kansas Power and Light. City expedites all related permits

poles, rack space, nodes, buildings, facilities, and available land.

13 Central Valley Next Generation Broadband Infrastructure Project (CA) BTOP Project Middle mile facilities connecting anchor institutions Fiber backhaul for 350 cell towers Emphasis on unserved/underserved Seven of the ten cities served by the project have among the highest unemployment rates in the country

for 350 cell towers Emphasis on unserved/underserved Seven of the ten cities

14 Central Valley Next Generation Broadband Infrastructure Project (CA) NTIA granted FONSI under NEPA CPUC granted Negative Declaration under CEQA Categorical exemptions from cities, counties, and agencies Development agreements securing access to public assets in exchange for service commitment

Categorical exemptions from cities, counties, and agencies Development

15 Los Angeles FTTH Network Requirement to cover all residents, businesses Free access at a speed between 2Mbps and 5Mbps; paid tiers up 1 Gbps Priority for carriers that offer fiber connections; wireless; and data center hosting Wholesale access to other network providers to deliver services over fiber

Priority for carriers that offer fiber connections; wireless; and data

16 Los Angeles FTTH Network Additional Contexts: CPUC CEQA proceeding LA City Council passed resolution against the FCC s Acceleration of Broadband Infrastructure Great Streets program

17 Common elements Permitting and environmental review addressed in voluntary agreements to secure benefits and expedite build out. Streamlining practices tied to commitments to extend service to rural and underserved communities.

18 Conclusion Securing community input and understanding demand Coordination and partnership building Monitoring and reporting practices; strategies for pooling information and benchmarking. Policy outcomes in permitting may have implications for municipal networks.

practices; strategies for pooling information and benchmarking.

19 Thank you!

20 Challenges/considerations Varying results regarding the distribution of responsibility within governance collaborative structures Coordination challenges Balancing NBP goals with diverse interests of local partners and stakeholders

collaborative structures Coordination challenges

21 Role for municipal broadband? Push for municipal fiber to compete with cable/incumbent telcos (Crawford, 2013) State laws against muni networks (for crowding out investment) D.C. circuit decision on Section 706 authority.

Building Next- Generation Networks

Local Strategies for Building Next- Generation Networks: The Evolving Role of Permitting and Environmental Review in U.S. Communications Policy Alex Braunstein, Associate, Kearns & West, USA Broadband