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Transcript of Boston conference slides final
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Opening Keynote FCC Proceeding to Facilitate Broadband Buildouts
Presented By:
William J. Sill, Wilkinson Barker Knauer LLP
Keynote Address William J. Sill
Partner Wilkinson Barker Knauer LLP
8:30-9:00 a.m. Nov. 5
Boston, Mass.
• The Pole Attachment Order applies only to the 30 states that have NOT certified that they regulate pole attachments.
• The Order significantly changed the pole attachment dynamic. • In Court:
In February 2013, the U.S. Court of Appeals-D.C. Circuit upheld the Order after utilities challenged three aspects of the FCC’s decision.
In October 2013, the Supreme Court denied a cert petition from the utilities seeking review of the D.C. Circuit Court’s ruling.
FCC’s Pole Attachment Order (2011)
1
Section 6409(a) of the 2012 Spectrum Act
• On February 22, 2012, Congress passed the Middle Class Tax Relief and Job Creation Act of 2012 (“2012 Spectrum Act”), which contains Section 6409(a).
• Section 6409(a) of the 2012 Spectrum Act reads:
▪ States and localities “may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station.”
• However, Section 6409(a) was not as clear as it should have been.
2
FCC Guidance On Interpreting Section 6409(a) Part Un
• On January 25, 2013, the FCC released a Public Notice (“PN”) offering guidance on how to interpret Section 6409(a).
Significantly, the PN provided guidance concerning the meaning of some undefined terms in Section 6409(a) that have counterparts in the FCC’s decisions.
The PN also stated that localities may require an application for a covered action, but that 90 days should be the maximum reasonable time for review of a covered request.
3
FCC’s Wireless Infrastructure Mega NPRM
• On September 26, 2013, the FCC released a Notice of Proposed Rulemaking (“NPRM”) to “explore opportunities to promote the deployment of [wireless] infrastructure.”
4
FCC’s Mega NPRM – DAS and Small Cells • The Mega NPRM seeks comment on measures to speed NEPA and Section
106 review processes for “new wireless technologies that may, because of their intrinsic characteristics, have minimal effects on the environment.”
• NEPA Review. The Mega NPRM proposes to expand the current categorical exclusion for collocations on an “existing building or antenna tower.”
Under the proposal, the current exclusion would be modified to explicitly include collocations on other structures, such as utility poles, water tanks, light poles, and road signs.
Alternatively, the Mega NPRM seeks comment on whether to adopt a special collocation exclusion for DAS, small cells, and other small wireless technologies, either in addition to, or instead of, modifying the current exclusion for collocations.
5
FCC’s Mega NPRM – DAS and Small Cells (cont.)
• Section 106 Review. Noting the potential need for consultations with the ACHP, SHPOs, and Tribes, the Mega NPRM seeks “preliminary comment” on three alternatives for tailoring Section 106 historic preservation review for DAS and small cells:
Categorical exclusion;
Program alternative; and
Finding that DAS and small cell deployments are not “undertakings” under Section 106.
6
FCC’s Mega NPRM – Temporary Towers • CTIA filed a Petition requesting Temporary Towers be granted an exemption from ASR
Public Notice requirements:
On May 25, 2013, the FCC granted a temporary waiver.
• The Mega NPRM now proposes to permanently exempt an antenna structure from the ASR pre-construction environmental notification requirements if it:
Will be in use for 60 days or less;
Requires notice of construction to the FAA;
Does not require marking or lighting pursuant to FAA regulations;
Will be less than 200 feet in height; and
Will involve minimal or no excavation.
7
FCC’s Mega NPRM – Temporary Towers (cont.)
• Alternatively, the NPRM seeks comment on whether to:
Establish a shorter post-construction environmental notice period; or
Limit the notice requirement to national notice.
8
FCC’s Mega NPRM – Section 6409(a) Guidance Part Deux?
• The Mega NPRM seeks comment on the meaning of certain terms used in Section 6409(a), including “transmission equipment,” “existing wireless tower or base station,” “substantially change the physical dimensions,” and “collocation.”
9
FCC’s Mega NPRM – Section 6409(a) Guidance Part Deux? (cont.)
▪ The Mega NPRM seeks comment on whether Section 6409(a) requires States and localities to approve all “eligible facilities requests” that do not involve “substantial changes.”
▪ The Mega NPRM also seeks comment on how Section 6409(a) affects the State and local filing and review process for applications that are subject to its requirements.
The Mega NPRM proposes to find that the State/LJ has the right to require the filing of an application and to review it for compliance with Section 6409(a)’s eligibility standard.
The Mega NPRM seeks comment on whether Section 6409(a) permits and warrants Federal limits on applicable fees, processes, or time for review.
10
FCC’s Mega NPRM – Section 6409(a) Guidance Part Deux? (cont.)
In addition, the Mega NPRM seeks comment on whether covered applications should be “deemed granted” if a State or local government fails to act within a certain time frame.
Alternatively, should the FCC preempt State or local authority when the time period for requests covered by Section 6409(a) has passed?
11
FCC’s Mega NPRM – Section 332(c)(7) Implementation
• The Mega NPRM proposes to provide further clarification concerning the FCC’s 2009 Shot Clock Ruling.
12
Why Should I Care about the FCC’s Mega NPRM?
• Codifying Twilight Tower rules would allow carriers to respond instantly to disasters and unscheduled news events.
• DAS and Small Cells could flourish or fall short of their true potential.
• As a result of the FCC’s rulemaking proceeding, Section 6409(a) could be “pumped up” or deflated.
• The Mega NPRM provides unparalleled opportunities.
13
WBK Tower Group
William J. Sill [email protected]
(202) 383-3419
Wilkinson Barker Knauer, LLP 2300 N Street NW, Suite 700
Washington, DC 20037
www.wbklaw.com
14
Site Acquisition: Where Will All the Wireless Go?
• Paul Besozzi, Patton Boggs, LLP (moderator)
• Matt Fallon, Airosmith Development
• Rick Sousa, Prince Lobel
• William Clark, Town of Milton, MA
Wireless Business Trends Roundtable
• Pat Tant, Solution Seven (moderator)
• Connie Durcsak, UTC
• Corinne Hoch, ACUTA
• Marty Travers, Black & Veatch
• Andrew Sloey, CTI Towers
Lunch Break Brought to you by the new AGL Media Group:
AGL Magazine
AGL Small Cell Magazine (coming Q1/2014)
AGL Link
AGL Small Cell Link
AGLMEDIAGROUP.COM
The Wireless Industry & NATE
“I have deep admiration for the work
that the tower construction and maintenance industry does with the wireless communications industry. It is indispensable, valuable and the features that you add to the wireless service…there would be no wireless service without what you do.”
Steve Largent (President & CEO
of CTIA-The Wireless Association)
Industry Snapshot
LTE = Long Term Employment
“Boom” cycle in industry
Ambitious build-outs projected over next 3-4 years
Ongoing workforce challenges confronting the industry
Communications is a necessity not just a luxury any more.
Responsibility to Hire a
Qualified Contractor
Your network will probably end up resembling your contractor!
Qualified Contractors
Evaluation Checklist
The Qualified Contractors Evaluation Checklist was primarily designed to serve as a tool to help carriers evaluate a contractor’s dedication to safety.
Print the Qualified Contractors Evaluation Checklist at www.natehome.com
Course Categories
CONFINED SPACE ELECTRICAL
EQUIPMENT/ VEHICLE OPERATIONS FALL PROTECTION AND RESCUE
FIRST AID/CPR/AED GIN POLE
HAZARDS HOIST
LADDER/SCAFFOLDING OSHA 10-HR.
OSHA 30-HR. RF AWARENESS
RIGGING/SIGNALMAN ROPE
TECHNICAL WIND
Course Categories
Small Cell, DAS, Wi-Fi: The New Wireless Frontier
• Jerry Sullivan, Endeiro Capital Partners (moderator)
• Dr. Vanu Bose, Vanu, Inc.
• David Weisman, InSite Wireless
• Mark Kerschner, TE Connectivity
Vertical Markets: Fertile Ground for Small-cell Technology
• Russell Fox, Mintz Levin (moderator)
• Greg Najjar, Sprint
• Chris Alberding, Fairpoint Communications
• Jack Smith, AT&T
• Ken Wedholm, STEALTH Concealment
Vertical Markets: Fertile Ground for Small Cell Technology
Jack Smith In-Building Solutions Consultant, AT&T’s Antenna Solutions Group AT&T Services, Inc. [email protected]
© 2013 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property.
© 2011 Sprint. This information is subject to Sprint policies regarding use and is the property of Sprint and/or its relevant affiliates and may contain
restricted, confidential or privileged materials intended for the sole use of the intended recipient. Any review, use, distribution or disclosure is
prohibited without authorization.
Greg Najjar
Director, Custom Network Engineering
Sprint Network Vision
3/7/2013
© 2012 Sprint. This information is subject to Sprint policies regarding use and is the property of Sprint and/or its relevant affiliates and may contain restricted, confidential or privileged
materials intended for the sole use of the intended recipient. Any review, use, distribution or disclosure is prohibited without authorization.
TODAY VISION • Multiple devices for different services
• Move in and out of coverage zones
• Risk losing signal strength at edges of tower
coverage / in buildings
• Existing devices perform better; a selection of
new, universal devices automatically access all
networks / services via strongest signal
• Consistent coverage / quality across all towers /
spectrums, even in buildings
• Seamless, superior service indoors, across the
city and around the country
Positive impact
Enhanced customer experience Sprint Network Vision is expected to profoundly enhance the customer experience
41
© 2012 Sprint. This information is subject to Sprint policies regarding use and is the property of Sprint and/or its relevant affiliates and may contain restricted, confidential or privileged
materials intended for the sole use of the intended recipient. Any review, use, distribution or disclosure is prohibited without authorization.
Small Cell Solutions Use Case*
E-Femto
DAS
Pico (cluster)
Indoor: 250mW
Outdoor: 5W
Coverage Indoor:90k sq. ft. Coverage Outdoor:0.5 sq. Km
Outdoor: >10W
Coverage radius: 1-25 Km Macro
WiFi Indoor: 20-100mW
Outdoor: 0.2-1W
Coverage radius: 100-500m
K 12 School
Mall / Shopping center Hospital / College Campus
/ Tall bldg.
Dense Residential
Urban canyon - downtown Major Highways
Airport
Office Park - Low
Office Park - High
Residential
C-Femto Indoor C-Femto: 10 mW
Outdoor: NA
Coverage: 5k sq. ft.
Indoor E-Femto: 200 mW
Outdoor: NA
Coverage: 100k sq. ft.
Indoor or outdoor and can be fed
by a Pico or Macro which will
vary power output
Copyright 2013 FairPoint Communications
FairPoint Communications is a registered service mark of FairPoint Communications, Inc. and the service mark is used herein for illustrative purposes. An affiliated entity of FairPoint Communications, Inc. will be the provider of services and contracting party. Please contact your local business representative or reference your contract for specific entity-related information.
Small Cell Case Study Chris Alberding
Vice President, Product Management
Copyright 2013 FairPoint Communications
About FairPoint
44
“Nobody can match the extensive northern New England fiber footprint that FairPoint has,” said Brian Washburn, analyst at Current Analysis, adding that FairPoint’s ubiquitous regional network provides robust wholesale coverage.
•Incumbent communications provider in ME, NH and VT; 6th largest wire line company in the US
•Ubiquitous, next-generation network comprised of multiple 10Gbps rings that is highly scalable; port capacity when and where you need it
•Largest network in northern New England, with 15,000+ fiber route miles and more than 80% of central offices Ethernet-enabled
•Local presence and workforce
•~90% broadband availability
•950+ towers served with fiber
Copyright 2013 FairPoint Communications
Rural Area Expertise
45
• Rural territory specialists across all of our markets • Additional focus on Maine, New Hampshire and Vermont • Over 15,000 route miles of fiber across Northern New
England • Ubiquitous reach to 95% of business addresses • Access capability and coverage in place to serve small cell
backhaul needs via copper or fiber
Copyright 2013 FairPoint Communications
Key Small Cell Technology Drivers • Use of Devices and applications expanding
• Fueling increased bandwidth demand
• Carrier dilemma: Cost-effective way to meet the demand
• Capacity vs. Coverage
• Indoor vs. Outdoor
• DAS vs. Small Cell
• Need to extend coverage / capacity for existing wireless services and LTE service
• Reduce TCO - backhaul and real estate costs
• Provide cost-effective macro network offload/overlay
46
Copyright 2013 FairPoint Communications
Outdoor is the Future
47
As the graph shows, outdoor small cells will only overtake their indoor counterparts in 2016, while the total figure will reach 3.5 million units by 2018. In previous MaRe estimates, outdoor sites were the key focus from 2014 onwards. The change in focus has been driven by the complexity of many outdoor projects – locating and negotiating sites; selecting the right backhaul; dealing with interworking with the macro layer –
Copyright 2013 FairPoint Communications
Macro Tower Backhaul Specialists
• FairPoint’s recent history of meeting macro tower backhaul demand
• 1,600 total tower sites in ME, NH, VT
• Began first Ethernet trial sites in early 2011
• By 2013: 954 towers fully lit with fiber and Ethernet Backhaul Services
• Estimated 1,300 lit by EOY 2013
• Rated best in class for turn-up and delivery by major wireless carrier
48
Copyright 2013 FairPoint Communications
FairPoint Small Cell Backhaul • The goal is to provide wireless carriers with flexible, reliable, network
backhaul to telephone poles, street lights, buildings (interior/exterior), billboards, arenas, stadium, etc.
• Provide speed and access options from ADSL to Fiber based Ethernet
• Currently underway through a trial with CoverageCo
49
“CoverageCo chose FairPoint because it has the network, products and people to leverage to meet this demand,” said Richard Biby, CoverageCo CEO.
“FairPoint offers extensive wireless backhaul coverage for CoverageCo and to the wireless
carriers we serve in Vermont.”
Copyright 2013 FairPoint Communications
The Challenges • Ability to terminate in a non-standard location
• Ability to place service orders to location lacking a street address
• Termination Device/ NID - need for self-contained secured environment
• Attachment Guidelines/ Regulations
• Obtaining pole attachment rights and permits
• Working with electric utility to provide power required
• Transmitter location
• Site make-ready work
• 911 Addressing
• Service delivery
• Low-Speed, low cost requirement
• Efficient use of network assets
• Copper vs. fiber
• Trying to work challenges simultaneously.
50
Copyright 2013 FairPoint Communications
The Solution
• Leveraged FairPoint’s local presence and copper infrastructure
• Designed a solution using high-speed Internet-based access
• Built and tested Operational processes to support the specific needs and requirements of the customer
51
Copyright 2013 FairPoint Communications
FairPoint’s Design for Small Cell - Outdoor
FairPoint fiber / copper pairs
NID / FairPoint demarc 5-10 feet from ground
Small Cell Carrier extends to meet FairPoint at NID
Small Cell Carrier’s CPE; permitted, installed and
maintained by Small Cell Carrier
Small Cell Carrier’s Super PICO Antenna permitted,
installed and maintained by Small Cell Carrier
Copyright 2013 FairPoint Communications
FairPoint’s Distributed Antenna Systems Design - Indoor
53
Carrier’s DAS Antennas, installed and
maintained by Small Cell Carrier
Small Cell Carrier’s CPE; permitted,
installed and maintained by Small Cell
Carrier
Small Cell Carrier extends to meet FairPoint
at designated in building DEMARC
FairPoint Fiber pairs
Copyright 2013 FairPoint Communications
Available Service Speeds
Small Cell Backhaul Service Speed Data Speeds Network
Low-Speed 768k / 128k to 15M / 1M Asymmetrical Internet
Mid-Speed 5M to 100M Symmetrical Internet
High-Speed 5M to 1G Symmetrical Private
Three tiers of small cell backhaul service flexible to your needs
Going Vertical with STEALTH®
Ken Wedholm,
Global, Eastern Regional Sales Manager
STEALTH Concealment Solutions
Arrowhead Stadium:
Before and After
DAS Antennas New Side Mounted Box
• Home to the Kansas City Chiefs
• The antennas were required to be placed above the vomitories.
• The new boxes had to match the existing vomitory signs.
Village at Sandhill:
Installation to Completion
Panel Installation
Inside the Tower
Complete Sign Tower
• Columbia, S.C.
• Outdoor Mall
• 90 Shops
• Development not designed
for a cell site
Las Colinas Medical Center
• Hospital in Irving,
TX
• Built in 1997 and
houses 100 beds
• Two carriers’
antennas are
concealed along
the roof.
Las Colinas Medical Center:
Box it Up
Side mounted box
concealment
Photo from Las Colinas
Medical Center’s Website
showing a concealment side
mounted box
Las Colinas Medical Center:
Up on the Rooftop
Photo simulation of new screenwall
concealment.
Design for New Screenwall