REGULATORY UPDATE Broadband Properties Summit April 29, 2009 Dallas, Texas Matthew C. Ames Miller & Van Eaton, P.L.L.C.

Introduction Changes at the FCC. Exclusive Contracts. CALEA / Wi Fi Recordkeeping. Satellite Dish Rule. DTV Transition. Broadband Stimulus Initiatives. Mandatory Access.

Changes at the FCC.

Exclusive Contracts.

CALEA / Wi Fi Recordkeeping.

Satellite Dish Rule.

DTV Transition.

Broadband Stimulus Initiatives.

Mandatory Access.

The New FCC New Chairman nominated. 1-2 other seats (out of 5) will change. Focus likely is on “new media.”

New Chairman nominated.

1-2 other seats (out of 5) will change.

Focus likely is on “new media.”

Exclusive Contracts Ban on exclusive access agreements with cable MSOs and telcos still in effect. Oral argument in appeal: April 17. Decision likely summer 2009. No action in second proceeding: bulk agreements, exclusive marketing, PCO exclusives. FCC likely waiting until appeal decided.

Ban on exclusive access agreements with cable MSOs and telcos still in effect.

Oral argument in appeal: April 17.

Decision likely summer 2009.

No action in second proceeding: bulk agreements, exclusive marketing, PCO exclusives.

FCC likely waiting until appeal decided.

CALEA Communications Assistance to Law Enforcement Act: WiFi, other Internet providers must be able to comply with warrants for access to network. Property owner may be subject to CALEA. New issue: Bills introduced in Congress requiring any provider of “electronic communication service” to keep records of all users for at least two years.

Communications Assistance to Law Enforcement Act: WiFi, other Internet providers must be able to comply with warrants for access to network.

Property owner may be subject to CALEA.

New issue: Bills introduced in Congress requiring any provider of “electronic communication service” to keep records of all users for at least two years.

Satellite Dish Rule (OTARD) No news at FCC. New technical issue: femtocells. Femtocells boost wireless signal within a home: but can interfere with each other and with signals of commercial providers.

No news at FCC.

New technical issue: femtocells.

Femtocells boost wireless signal within a home: but can interfere with each other and with signals of commercial providers.

Satellite Dish Rule (OTARD) (cont’d) OTARD rule applies to femtocells, as it does to WiFi antennas. Owner cannot prevent resident from installing. What if resident’s femtocell antenna interferes with provider using rooftop sites, under agreement with property owner?

OTARD rule applies to femtocells, as it does to WiFi antennas.

Owner cannot prevent resident from installing.

What if resident’s femtocell antenna interferes with provider using rooftop sites, under agreement with property owner?

Digital Transition Feb. 11, 2009, deadline extended until June 12, 2009. Any building receiving analog off-air signals will lose broadcast TV service on June 12. Congress/FCC issuing additional converter box coupons to consumers. Television sets in common areas: not eligible for coupon. Cable MSO’s converting on own timetable – not affected by June 12 deadline.

Feb. 11, 2009, deadline extended until June 12, 2009.

Any building receiving analog off-air signals will lose broadcast TV service on June 12.

Congress/FCC issuing additional converter box coupons to consumers.

Television sets in common areas: not eligible for coupon.

Cable MSO’s converting on own timetable – not affected by June 12 deadline.

Broadband Stimulus Initiatives Over $7 billion in “stimulus package” for broadband deployment. Aimed at “underserved” and “unserved” areas. Rules/application process still being developed. May be opportunity for developers – especially planned unit developments in outer suburbs – to reduce capital costs. Other possible public-private partnership opportunities.

Over $7 billion in “stimulus package” for broadband deployment.

Aimed at “underserved” and “unserved” areas.

Rules/application process still being developed.

May be opportunity for developers – especially planned unit developments in outer suburbs – to reduce capital costs.

Other possible public-private partnership opportunities.

Mandatory Access Mandatory access statutes adopted in monopoly era. What rights do competitors have? Depends on state law.

Mandatory access statutes adopted in monopoly era.

What rights do competitors have?

Depends on state law.

Mandatory Access (cont’d) Examples: 1. Minnesota: Owner must grant access to “cable communications system.” System operator must make facilities available to alternative providers. 2. NY, DC: Owner can’t interfere with installation of “cable television facilities.” 3. Illinois: Owner can’t prevent resident from getting cable television from “franchisee.”

Examples:

1. Minnesota: Owner must grant access to “cable communications system.” System operator must make facilities available to alternative providers.

2. NY, DC: Owner can’t interfere with installation of “cable television facilities.”

3. Illinois: Owner can’t prevent resident from getting cable television from “franchisee.”