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Municipal Broadband and Opportunities for Public-Private Partnerships
 

Municipal Broadband and Opportunities for Public-Private Partnerships

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Municipal Broadband and Opportunities for Public-Private Partnerships at 2013 International Municipal Lawyers Association Annual Meeting

Municipal Broadband and Opportunities for Public-Private Partnerships at 2013 International Municipal Lawyers Association Annual Meeting

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    Municipal Broadband and Opportunities for Public-Private Partnerships Municipal Broadband and Opportunities for Public-Private Partnerships Presentation Transcript

    • Telecommunications Law
    • Telecommunications Law IMLA SAN FRANCISCO 2013 September 29, 2013 PRESENTED BY Gail A. Karish Of Counsel Municipal Broadband and Opportunities for Public Private Partnerships ©2013 Best Best & Krieger LLP
    • Telecommunications Law Is It Time to Think About Establishing a Municipal Network?
    • Telecommunications Law You are a Major Consumer of Communications
    • Telecommunications Law And your Cable Operator Supplied “Institutional Network” is…. (a) Nonexistent or (b) A thing of the past (thanks to state franchising) or (c) At risk (provider offering “Managed Services” in renewal)
    • Telecommunications Law Your alternatives are limited Typical jurisdiction has:  One incumbent cable operator  One incumbent telephone company  A few CLECs/resellers  Four wireless companies
    • Telecommunications Law Your communications needs are growing
    • Telecommunications Law Your budget is tight
    • Telecommunications Law Your planning is… Dispersed among different departments AND Incremental in approach •
    • Telecommunications Law AND, you want affordable broadband to attract residents and businesses to your community
    • Telecommunications Law You Need A Game Plan
    • Telecommunications Law authority •Check state law  At least 18 states have laws that restrict or prohibit outright municipalities from offering broadband services •Check for restrictions on use of existing institutional networks
    • Telecommunications Law inventory • existing communications assets and systems  transit system fiber  Smart Grid (utility communications infrastructure)  Wi-Fi systems  public safety systems  radio licenses  Educational Broadcast Spectrum licenses  conduit
    • Telecommunications Law consultation • To ascertain:  whether communications needs are being met (government and the community); and  what investments in infrastructure are needed to meet current and future needs over the next decade • To help build community support for the investment  Using community needs assessment techniques (surveys, focus groups, interviews typical in franchise renewal processes) may be helpful.
    • Telecommunications Law evaluation • Benefits/risks of “building” vs. “buying” • Benefits can include:  controlling your own costs, technology and build out  the opportunity to generate revenue by selling excess capacity and/or becoming a wholesale or retail provider • Risks can include:  longer payouts  you are service provider  technology change  maintaining community commitment
    • Telecommunications Law education • Lots of service models out there to consider:  Think about types of services  Think about service models: • Self-provisioning • Government to Government • Wholesale • Retail (residential/commercial) • Open Access
    • Telecommunications Law collaboration • Everyone is looking for more, faster, cheaper communications services • Collaboration with other entities should be strongly considered  Public-private  Public-public  Public-institutional • Pooling resources – both financial and physical – can make a lot of sense
    • Telecommunications Law organization • Organizational and operational structure should be carefully considered up front 1) What is the appropriate legal entity and ownership/operational structure? 2) Is the entity and/or the services being offered subject to regulation? 3) How complicated is it to get access to public rights of way and towers? 4) What should be done “in-house”? 5) What contracting processes must be followed?
    • Telecommunications Law funding • Be flexible and creative:  Self-funding  Federal  State  In-kind  Private  Crowd-sourced • Building on existing infrastructure is an important cost savings strategy • Types of funding include for construction, planning, services
    • Telecommunications Law RECAP Authority Inventory Consultation Evaluation Collaboration Organization Funding
    • Telecommunications Law thank you for attending Gail A. Karish Of Counsel Best Best & Krieger LLP Phone: 909-466-4916 Email: gail.karish@bbklaw.com www.bbklaw.com