SCAN NATOA 16 th Annual Spring Conference and Star Awards June 21, 2012 Legislative/Regulatory Update

The FCC

Rights of Way Notice of Inquiry WC Docket No Major issued raised: Wireless Deployment – DAS; collocation Wireless Deployment – DAS; collocation Use of consultants Use of consultants ROW compensation ROW compensation Development of best practices Development of best practices

Over-the-Air Reception Devices Rule (OTARD) MB Docket No ; CSR 8541-O Challenge to City of Philadelphia dish siting ordinance Challenge to City of Philadelphia dish siting ordinance Petition for declaratory ruling that OTARD rules also apply to “common areas” of private property Petition for declaratory ruling that OTARD rules also apply to “common areas” of private property

Universal Service Reform WC Docket Nos , 11-41, , , 12-23; WT Docket No FCC orders reforms to help deploy broadband services to rural America FCC orders reforms to help deploy broadband services to rural America Potential use of USF savings to finance digital learning programs via a wide variety of community-based organizations, including PEG centers Potential use of USF savings to finance digital learning programs via a wide variety of community-based organizations, including PEG centers

Encryption of Basic Service Tier MB Docket No Protection for ALL subscribers Protection for ALL subscribers Subscriber notification Subscriber notification Protection from bill shock Protection from bill shock Free set top boxes Free set top boxes Protection for PEG Protection for PEG Commission review for consumer impact Commission review for consumer impact

Definition of “MVPD” and “Channel” MB Docket No Transmission path requirement Transmission path requirement Regulatory benefits v. obligations Regulatory benefits v. obligations Unintended consequences Unintended consequences Competition and innovation Competition and innovation

Intergovernmental Advisory Committee Members include: NATOA Immediate Past President Ken Fellman NATOA Immediate Past President Ken Fellman NATOA members Gary Resnick (Wilton Manors, FL), and Bruce Regal and Radhika Karmarkar (New York City) NATOA members Gary Resnick (Wilton Manors, FL), and Bruce Regal and Radhika Karmarkar (New York City)

On the Hill

Middle Class Tax Relief and Job Creation Act of 2012 Public Law Provides D Block spectrum and $7 billion in funding to build a nationwide, interoperable public safety wireless broadband network

Creation of First Responder Network Authority (FirstNet) to oversee development of network FCC’s Auction Authority extended an additional 10 years Incentive Based Auctions & Auction capability for federal spectrum Between $100-$300 million for Public Safety R&D $135 million for State and Local Implementation Grant Program (SLIP) $115 million for Next Generation (NG9-1-1) technologies

15 Member Board of Directors: 3 Federal Members (DHS, DOJ, and OMB) 3 individuals to represent collective interests of States, locals, tribes, and territories 3 individuals who have served as public safety professionals 6 Other (could include state, local, public safety, commercial, other) Secretary of Commerce will make the appointments for non- Federal members

By law, FirstNet must consult with regional, state, tribal and local jurisdictions to carry out its statutorily defined duties. These include: - Placement of towers and other assets - Core and RAN build out - The hardening, security and resiliency of the network - Public-public and public-private partnerships - State and local input is crucial for the success of the nationwide broadband network.

NTIA and FirstNet shall create a grant program to assist state, regional, tribal, and local jurisdictions to identify and plan the most effective way to utilize and integrate the infrastructure, equipment, and other architecture associated with the nationwide PSBN. The grant program will: Define eligible costs Determine the scope of eligible activities Prioritize grants for activities that ensure coverage in rural as well as urban areas $135 Million in funding (Federal Share wont exceed 80% of eligible costs)

Marketplace Fairness Act S Would permit states and local governments to collect sales and use taxes on Internet remote sales

What’s Next? Farm Bill – Any $ for Broadband? Farm Bill – Any $ for Broadband? Lame Duck Session Lame Duck Session Federal Spectrum Initiatives Federal Spectrum Initiatives Rewrite of the Telecom Act Rewrite of the Telecom Act Telecom Tax Reform Telecom Tax Reform Future of Online Video Future of Online Video