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.


> On Dec 1, 2016, at 2:34 PM, Jay Weekley <> 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:*
>> *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 <> wrote:
>>    What Chuck said.
>>    On Dec 1, 2016 1:22 PM, "Chuck McCown" <> 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:*
>>        *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>
>>        <>
>> No virus found in this message.
>> Checked by AVG - <>
>> Version: 2016.0.7924 / Virus Database: 4664/13518 - Release Date: 12/01/16

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