DISTRIBUTED ANTENNA SYSTEMS & RIGHTS OF WAY LICENSING - - PowerPoint PPT Presentation

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DISTRIBUTED ANTENNA SYSTEMS & RIGHTS OF WAY LICENSING - - PowerPoint PPT Presentation

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DISTRIBUTED ANTENNA SYSTEMS & RIGHTS OF WAY LICENSING Complaints at the Public Utility Commission of Texas A P P L I C A B I L I T Y O F LO C A L G OV T. C O D E C H A P T E R 2 8 3 TO W I R E L E S S S E RV I C E S Herrera &

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DISTRIBUTED ANTENNA SYSTEMS & RIGHTS OF WAY LICENSING

A P P L I C A B I L I T Y O F LO C A L G OV T. C O D E C H A P T E R 2 8 3 TO W I R E L E S S S E RV I C E S Herrera & & B Boyle, P PLLC aher aherrer era@ a@her herrer erabo aboylela lelaw.com .com

Complaints at the Public Utility Commission of Texas

816 C Congress A Ave., # #1250 51 512-474-1492

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PUBLIC UTILITY COMMISSION OF TEXAS JURISDICTION

  • PUCT has jurisdiction necessary to

enforce Ch. 283 (§ 283.058)

  • PUCT has jurisdiction necessary to

ensure that Ch. 283 is enforced in competitively (§ 283.058)

June 17, 2016 Herrera & Boyle, PLLC 2

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WHAT’S CHANGED?

  • Wireless industry moving to smaller

antennas

  • Distributed Antenna Systems (DAS)
  • DAS supplement and augment wireless

networks

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WHAT’S CHANGED?

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WHAT’S CHANGED?

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WHAT’S CREATING TENSION?

  • “Certificated Telecommunications

Provider” (“CTP”) - Certificate from PUCT to offer “local exchange service”

  • r provide “voice services”
  • CTPs focus on distinction between

“offering” service and providing service

6 June 17, 2016 Herrera & Boyle, PLLC

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WHAT’S CREATING TENSION?

  • PUCT grants certificate that mirrors

language in Ch. 283: authorizes entity to “offer” local exchange service or provide voice services

  • But there is no requirement that CTP

actually provide local exchange service

7 June 17, 2016 Herrera & Boyle, PLLC

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WHAT’S CREATING TENSION?

  • CTP enters market with no apparent

intention to provide local exchange service

  • But there is no requirement that CTP

actually provide local exchange service

8 June 17, 2016 Herrera & Boyle, PLLC

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WHAT’S CREATING TENSION?

  • Chapter 283 of Local Govt. Code

allows CTP to install certain facilities in city’s rights of way without need for franchise or payment of franchise fees

  • Some CTPs use privileges of Ch. 283 to

install facilities “wireless” facilities in city’s rights of way

9 June 17, 2016 Herrera & Boyle, PLLC

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WHAT’S CREATING TENSION?

  • But history of Chapter 283 shows it is

limited to wireline services

  • Some CTPs now contend that Ch. 283

allows them to install “wireless” facilities by virtue of their certificate from the PUCT

10 June 17, 2016 Herrera & Boyle, PLLC

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COMPLAINTS AT PUCT

  • ExteNet vs. City of Houston,

PUCT Docket No. 45280

  • Crown Castle vs. City of Dallas,

PUCT Docket No. 45470

11 June 17, 2016 Herrera & Boyle, PLLC

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COMPLAINTS AT PUCT

Contend that they can install wireless facilities in city’s ROW without need for consent from city and without paying fees

  • utside Ch. 283 of the Local
  • Govt. Code

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COMPLAINTS AT PUCT

Contend that by not granting permits to construct/install facilities, the cities are discriminating against them relative to other CTPs

13 June 17, 2016 Herrera & Boyle, PLLC

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COMPLAINTS AT PUCT

ExteNet and Crown Castle contend that, because each has a certificate from PUCT, they may install wireless facilities in city’s ROW

14 June 17, 2016 Herrera & Boyle, PLLC

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COMPLAINTS AT PUCT

“… Does chapter 283 apply where a certificated telecommunications provider has installed, or proposes to install, in the public right of way a wireless distributed antenna system, including fiber optic cables and an antenna?”

15 June 17, 2016 Herrera & Boyle, PLLC

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COMPLAINTS AT PUCT

PUCT bifurcated proceeding into two phases: PHASE I:

  • What facilities and services being

provided?

  • Does Ch. 283 apply?

16 June 17, 2016 Herrera & Boyle, PLLC

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COMPLAINTS AT PUCT

PUCT bifurcated proceeding into two phases: PHASE II:

  • What fees apply?
  • Is city violating Ch. 283 by requiring

license agreement??

17 June 17, 2016 Herrera & Boyle, PLLC

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COMPLAINTS AT PUCT

PUCT bifurcated proceeding into two phases: PHASE II (cont’d):

  • Is the city discriminating against these

CTPs?

  • What enforcement remedy is available

under Ch. 283

18 June 17, 2016 Herrera & Boyle, PLLC

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COMPLAINTS AT PUCT

Expect decision by PUCT in about Feb. 2017.

19 June 17, 2016 Herrera & Boyle, PLLC

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COMING TO A CITY NEAR YOU

  • Not limited to larger

cities

  • Likely to occur in mid-

market cities, too.

20 June 17, 2016 Herrera & Boyle, PLLC