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

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 & & B Boyle, P PLLC 816 C Congress A Ave., # #1250 aher aherrer era@ a@her herrer erabo aboylela lelaw.com .com 51 512-474-1492

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

WHAT’S CHANGED? • Wireless industry moving to smaller antennas • Distributed Antenna Systems (DAS) • DAS supplement and augment wireless networks June 17, 2016 Herrera & Boyle, PLLC 3

WHAT’S CHANGED? Herrera & Boyle, PLLC 4

WHAT’S CHANGED? Herrera & Boyle, PLLC 5

WHAT’S CREATING TENSION? • “Certificated Telecommunications Provider” (“CTP”) - Certificate from PUCT to offer “local exchange service” or provide “voice services” • CTPs focus on distinction between “offering” service and providing service June 17, 2016 Herrera & Boyle, PLLC 6

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 June 17, 2016 Herrera & Boyle, PLLC 7

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 June 17, 2016 Herrera & Boyle, PLLC 8

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 June 17, 2016 Herrera & Boyle, PLLC 9

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 June 17, 2016 Herrera & Boyle, PLLC 10

COMPLAINTS AT PUCT • ExteNet vs. City of Houston, PUCT Docket No. 45280 • Crown Castle vs. City of Dallas, PUCT Docket No. 45470 June 17, 2016 Herrera & Boyle, PLLC 11

COMPLAINTS AT PUCT Contend that they can install wireless facilities in city’s ROW without need for consent from city and without paying fees outside Ch. 283 of the Local Govt. Code June 17, 2016 Herrera & Boyle, PLLC 12

COMPLAINTS AT PUCT Contend that by not granting permits to construct/install facilities, the cities are discriminating against them relative to other CTPs June 17, 2016 Herrera & Boyle, PLLC 13

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 June 17, 2016 Herrera & Boyle, PLLC 14

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?” June 17, 2016 Herrera & Boyle, PLLC 15

COMPLAINTS AT PUCT PUCT bifurcated proceeding into two phases: PHASE I: • What facilities and services being provided? • Does Ch. 283 apply? June 17, 2016 Herrera & Boyle, PLLC 16

COMPLAINTS AT PUCT PUCT bifurcated proceeding into two phases: PHASE II: • What fees apply? • Is city violating Ch. 283 by requiring license agreement?? June 17, 2016 Herrera & Boyle, PLLC 17

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 June 17, 2016 Herrera & Boyle, PLLC 18

COMPLAINTS AT PUCT Expect decision by PUCT in about Feb. 2017. June 17, 2016 Herrera & Boyle, PLLC 19

COMING TO A CITY NEAR YOU • Not limited to larger cities • Likely to occur in mid- market cities, too. June 17, 2016 Herrera & Boyle, PLLC 20