Boston conference slides final

WELCOMEBoston - November 5, 2013

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Opening KeynoteFCC Proceeding to Facilitate Broadband Buildouts

Presented By:William J. Sill, Wilkinson Barker Knauer LLP

Keynote AddressWilliam J. Sill

PartnerWilkinson 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. [email protected]

(202) 383-3419

Wilkinson Barker Knauer, LLP2300 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

Breaksponsored by

Wireless Business Trends Roundtable• Pat Tant, Solution Seven (moderator)• Connie Durcsak, UTC• Corinne Hoch, ACUTA• Marty Travers, Black & Veatch• Andrew Sloey, CTI Towers

Lunch BreakBrought to you by the new AGL Media Group:

AGL MagazineAGL Small Cell Magazine (coming Q1/2014)

AGL LinkAGL Small Cell Link

AGLMEDIAGROUP.COM

NATE Presentation

Todd Schlekeway - Executive Director, NATE

Who Do You Want Building Your Network?

AGL Regional ConferenceBoston, Massachusetts

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 SnapshotLTE = 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.

Who Would You Hire?

Responsibility to Hire aQualified 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

http://natehome.com/wp-content/uploads/2011/03/Qualified-Contractors-Evaluation-Checklist1.pdf

http://natehome.com/wp-content/uploads/2011/03/Qualified-Contractors-Evaluation-Checklist1.pdf

http://www.natehome.com/

Introducing the NATE Exchange

Participating TrainingCompanies

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

Visit the NATE EXCHANGE!

http://natehome.com/nate-exchange

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

Breaksponsored by

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 SmithIn-Building Solutions Consultant, AT&T’s Antenna Solutions GroupAT&T Services, [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 NajjarDirector, Custom Network Engineering

Sprint Network Vision

3/7/2013


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 experienceSprint Network Vision is expected to profoundly enhance the customer experience

41


Small Cell Solutions Use Case*

E-Femto

DAS

Pico (cluster)

Indoor: 250mWOutdoor: 5WCoverage Indoor:90k sq. ft.Coverage Outdoor:0.5 sq. Km

Outdoor: >10WCoverage radius: 1-25 Km Macro

WiFiIndoor: 20-100mWOutdoor: 0.2-1WCoverage radius: 100-500m

K 12 School

Mall / Shopping center Hospital / College Campus / Tall bldg.

Dense ResidentialUrban canyon - downtown

Major Highways

Airport

Office Park - Low

Office Park - High

Residential

C-FemtoIndoor C-Femto: 10 mWOutdoor: NACoverage: 5k sq. ft.

Indoor E-Femto: 200 mW Outdoor: NACoverage: 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 StudyChris AlberdingVice President, Product Management


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


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


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


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 –


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 carrier48


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.”


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


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


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


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


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 ManagerSTEALTH 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

IZOD Center:Meadowlands Sports Complex

Thank you for attending!

2014 Conference Schedule

Nashville – March 20National Harbor, MD – June 19

Dallas – October 9Glendale, AZ – December 4

Boston conference slides final

Business

guidance part

privileged

existing wireless

mega nprm

mega nprm

fairpoint

current exclusion

intended recipient