I have a different opinion. FCC fought a bloody battle with power companies,
telephone companies and CATV providers about 20 years ago to establish uniform
pole contact fees and ROW regulations. A BIAS priovider is not only defined as
a public utility by federal code now but the are all CATV systems now by virtue
of streaming services and IPTV capabilities.
Of course this is theoretical, I have not tried to fight a town council that is
friendly to the local CATV broadband provider.
From: Mark Radabaugh
Sent: Thursday, December 1, 2016 9:16 PM
To: af@afmug.com
Subject: Re: [AFMUG] Here's a question for a can of worms
Totally non-lawyer answer….
Much of this is about property and land rights and it's a subject that is left
to the States, not the federal government. Each State makes it’s own rules
regarding access or delegates that authority down to the local level. Each
State also gets to decide who gets to use public right of way and what the
qualifications are. The FCC declaration that BIAS providers are Title II and
hence common carriers only means that for federal legal purposes you are now a
common carrier subject to all the rules of a telecommunications company.
That’s all well and good - but it’s not binding on the states, nor does it
automatically make you a public utility in your state.
Many States already have laws in place that address right-of-way for broadband
providers (Ohio being one) and that predate the FCC action. Some will defer
to the FCC on the subject, and some won’t.
If you are in a State that doesn’t think as a broadband provider you are
eligible to occupy right of way then you can try to convince them to go along
with the FCC’s reasoning that you are a telecommunications provider, or you can
take another route such as obtaining a CLEC license or be a video service
provider. Either way it’s not an issue that is settled by the FCC’s action.
Mark Radabaugh
WISPA FCC Committee Chair
fcc_ch...@wispa.org
419-261-5996
On Dec 1, 2016, at 9:18 PM, That One Guy /sarcasm <thatoneguyst...@gmail.com>
wrote:
there is law then there is LAW
would it require somebody contesting a lowly wisp and a win in court to
establish a caselaw specific to the industry?
i dont know how that stuff works at all, criminal law im pretty familiar, but
this stuff is outside my scope for sure
On Thu, Dec 1, 2016 at 8:14 PM, Chuck McCown <ch...@wbmfg.com> wrote:
Yeah, about then. I posted fragments as well as a link the whole 800 page
document.
From: Josh Reynolds
Sent: Thursday, December 01, 2016 7:11 PM
To: af@afmug.com
Subject: Re: [AFMUG] Here's a question for a can of worms
I think it became law in June from what I remember.
On Dec 1, 2016 8:01 PM, "That One Guy /sarcasm" <thatoneguyst...@gmail.com>
wrote:
when does any of this become a set in stone thing
On Thu, Dec 1, 2016 at 7:54 PM, Faisal Imtiaz <fai...@snappytelecom.net>
wrote:
Thanks... does anyone know what would be the process to 'test' the
waters.
say, we would like to install a pole on the ROW....
Suggestion ?
Regards.
Faisal Imtiaz
Snappy Internet & Telecom
7266 SW 48 Street
Miami, FL 33155
Tel: 305 663 5518 x 232
Help-desk: (305)663-5518 Option 2 or Email: supp...@snappytelecom.net
----- Original Message -----
> From: "Mark Radabaugh" <m...@amplex.net>
> To: af@afmug.com
> Sent: Thursday, December 1, 2016 3:07:59 PM
> Subject: Re: [AFMUG] Here's a question for a can of worms
> In theory - yes.
>
> But keep in mind ROW is a state, county, city, or {insert political
entity}
> designation and that the FCC’s decision doesn’t actually get you
anything until
> the authority having jurisdiction {AHJ} decides to honor the FCC’s
decision.
> As far as I know there have not been any legal cases to test the
issue yet.
> With the current state of political affairs it’s hard to say if the
FCC’s
> Title II decision is going to stand.
>
> While you are filing that 477, make sure you make all the required
disclosures
> and filings that go with it. You have about another 2 weeks worth of
filling
> out papers before you serve those 4 customers.
>
> Mark
>
>> On Dec 1, 2016, at 2:34 PM, Jay Weekley <par...@cyberbroadband.net>
wrote:
>>
>> Here is a stupid question. What is the official designation of an
ISP? Can I
>> get a cable connection, re-distribute it to 4 people wirelessly,
file form 477
>> and get access to the right of way?
>>
>> Chuck McCown wrote:
>>> Works everywhere. If the CATV has pole access you do too. Same
thing with
>>> streets and other public places.
>>> They may charge you a franchise fee, but it has to be the same as
everyone else.
>>> *From:* Kurt Fankhauser
>>> *Sent:* Thursday, December 01, 2016 12:26 PM
>>> *To:* af@afmug.com
>>> *Subject:* Re: [AFMUG] Here's a question for a can of worms
>>> Does that even work in the municipal boundaries not just rural? I
was thinking
>>> about deploying fiber in the city here and didn't know if the city
could stop
>>> me if they wanted too.
>>> On Thu, Dec 1, 2016 at 2:24 PM, Josh Reynolds
<j...@kyneticwifi.com> wrote:
>>>
>>> What Chuck said.
>>>
>>> On Dec 1, 2016 1:22 PM, "Chuck McCown" <ch...@wbmfg.com> wrote:
>>>
>>> Absolutely. You are a BIAS provider and the FCC explicitly
>>> defined BIAS providers as being eligible for ROW access equal
>>> to a public utility.
>>> *From:* Ben Royer
>>> *Sent:* Thursday, December 01, 2016 12:20 PM
>>> *To:* af@afmug.com
>>> *Subject:* [AFMUG] Here's a question for a can of worms
>>> Get out your can openers. Does me, the ISP, being classified
>>> as a common carrier, mean I get right of way access?
>>> Thank you,
>>> Ben Royer, Operations Manager
>>> Royell Communications, Inc.
>>> 217-965-3699 <tel:%28217%29%20965-3699> www.royell.net
>>> <http://www.royell.net>
>>>
>>> No virus found in this message.
>>> Checked by AVG - www.avg.com <http://www.avg.com>
>>> Version: 2016.0.7924 / Virus Database: 4664/13518 - Release Date:
12/01/16
>>>
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