https://www.fcc.gov/document/fcc-releases-open-internet-order
REPORT AND ORDER ON REMAND, DECLARATORY RULING, AND ORDER
Adopted: February 26, 2015
Released: March 12, 2015
(we are BIAS providers)
118 “Broadband Internet access service” [BIAS] continues to
include services provided over any technology platform, including but not
limited to wire, terrestrial wireless (including fixed and mobile wireless
services using licensed or unlicensed spectrum), and satellite.[1] “Broadband
Internet access service” encompasses all providers of broadband Internet access
service, as we delineate them here, regardless of whether they lease or own the
facilities used to provide the service.[2] “Fixed” broadband Internet access
service refers to a broadband Internet access service that serves end users
primarily at fixed endpoints using stationary equipment, such as the modem that
connects an end user’s home router, computer, or other Internet access device
to the network.[3] The term encompasses the delivery of fixed broadband over
any medium, including various forms of wired broadband services (e.g., cable,
DSL, fiber), fixed wireless broadband services (including fixed services using
unlicensed spectrum), and fixed satellite broadband services. “Mobile”
broadband Internet access service refers to a broadband Internet access service
that serves end users primarily using mobile stations.[4] It also includes
services that use smartphones or mobile-network-enabled tablets as the primary
endpoints for connection to the Internet,[5] as well as mobile satellite
broadband services.[6]
(BIAS is under the authority of Title II)
204. Broadband Internet access service involves the exchange
of traffic between a last-mile broadband provider and connecting networks.[1]
The representation to retail customers that they will be able to reach “all or
substantially all Internet endpoints” necessarily includes the promise to make
the interconnection arrangements necessary to allow that access. As a
telecommunications service, broadband Internet access service implicitly
includes an assertion that the broadband provider will make just and reasonable
efforts to transmit and deliver its customers’ traffic to and from “all or
substantially all Internet endpoints” under sections 201 and 202 of the Act.
In any event, BIAS provider practices with respect to such arrangements are
plainly “for and in connection with” the BIAS service.[2] Thus, disputes
involving a provider of broadband Internet access service regarding Internet
traffic exchange arrangements that interfere with the delivery of a broadband
Internet access service end user’s traffic are subject to our authority under
Title II of the Act.[3]
(Title II allows access to ROWs)
413 Title II also “offers other benefits at the state level, including
access to public rights of way,” which some broadband providers reportedly
utilize to deploy networks.[5]
While this was repealed by Trumps folks, the SEC took over regulation of Title
II and BIAS with respect to access to ROWs. I can dig up those citations but
if you give a local regulator these three citations most will probably not dig
so much that you will have to counter the argument that this was all done away
with.
From: Chris Fabien
Sent: Monday, January 28, 2019 7:44 AM
To: AnimalFarm Microwave Users Group
Subject: Re: [AFMUG] How to access ROW, permits, poles
Chuck we don't really have unincorporated areas like some states do. The base
level of local government is a general law township. All of the state is by
default divided into townships. An area can then be "upgraded" to a City,
Village or Charter township. But there is no land that is not subject to some
local government. The state law (METRO Act) is a mandate for a universal
permitting system for ROW access (meaning occupancy, not construction, that's
different). Many of the rural townships have no idea about this permitting
requirement. We have had to educate them all about why they are required to
issue us a permit. It's actually a nice system because it's a shall-issue
permit in 45-days, and if they don't reply it's granted by default.
Construction permits are handled by the county road comission, or by the
city/village in an incorporated area, and they seem to have more leeway about
requirements. There are some counties that area very hard to work with, others
it's almost a free for all.
On Sun, Jan 27, 2019 at 1:02 PM Chuck McCown <[email protected]> wrote:
I would use the footnote from the now defunct perhaps net neutrality that
coined and defined a BIAS provider as a quasi public entity.
Just state you are a BIAS provider as defined by the FCC. Give them a copy of
the 477 and say that the internet is defined as interstate commerce. Then lay
on them the new small cell order. All 160+ pages printed out.
Perhaps bury them in enough paperwork and they will cave. Also, how cold MI
requires a municipal permit in unincorporated areas?
From: Chris Fabien
Sent: Saturday, January 26, 2019 5:18 PM
To: AnimalFarm Microwave Users Group
Subject: Re: [AFMUG] How to access ROW, permits, poles
There's lots of variations on this locality dependent.
For example in MI I need a state-mandated municipal permit to have telecom
infrastructure in the ROW even for an aerial run on someone else's poles.
Our county had to be satisfied we were a "real public utility" before they
would issue underground permits. This was their own policy they made up as far
as I could tell. Even though the municipal permit specifically allows "any
entity".
None of this was at all related to a 477 filing.
On Sat, Jan 26, 2019, 3:49 AM TJ Trout <[email protected] wrote:
So reading through the list the consensus is anyone filing a 477 can access the
row, does this require a city or county permit with plans etc? For laying duct,
installing a pole or cabinet etc?
What is the process to attach to poles? Just make a request with the pole
owner? City permits? How do you identify the pole owner?
So if I'm a wisp today and want to be a fisp (haha) tomorrow I just need to
consider myself a ISP, pull permits with the city or county and start digging?
Are permits even required to work in the row in most cases?
For poles I'm assuming you make drawings of the route, get an attachment
agreement with the owner and once make ready is done your good to dangle your
string?
If it's any consolation I searched the archives for a few hours before asking
these stupid questions 🤔
TJ
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