Kissinger & Fellman, P.C. Community Broadband Networks Planning, Evaluating, Implementation NATOA Policy and Legal Conference Alexandria, Virginia March 9, 2007 Kenneth S. Fellman

Kissinger & Fellman, P.C. How are Local Governments Getting Involved?  Reacting to contact from provider or vendor  Proactive study of needs and potential benefits  “Everyone else is looking at this. We should, too.”

Kissinger & Fellman, P.C. Reactive Model  Can be successful, but  Less likelihood of strong community support  More chance that local government is not as clear on the understanding of what needs are being met, and best options

Kissinger & Fellman, P.C. Proactive Model  Needs Assessment (similar to franchise renewals)  focus groups w/stakeholders, surveys, public meetings  Explore social, economic, policy issues (consumer, government, economic development, public safety, educational, health care, digital inclusion)

Kissinger & Fellman, P.C. Proactive Model (cont.)  Community motivations -- Why are we doing this?  Community objectives -- What do we hope to accomplish?

Kissinger & Fellman, P.C. Other Questions to Ask  Any legal/regulatory hurdles?  Open access/net neutrality requirements?  Network security issues?  Quality of Service for governmental uses?  Abandonment and future governmental use?  Appropriate wireless technology?  Potential partners?  Negotiations with public utilities?

Kissinger & Fellman, P.C. Business Models  Public Ownership/Public Utility  Community (Free) Network  Non-Profit owned  Cooperative Wholesale  Public/Private partnership

Kissinger & Fellman, P.C. The variety of models are as numerous as the diversity of local governments in this nation

Kissinger & Fellman, P.C. Other Local Government Issues  Available local government vertical assets  Available local government fiber  Compensation to local government  Monetary (lease payment; revenue sharing)  Free or reduced services  Public safety network enhancements

Kissinger & Fellman, P.C. Partnerships  Pros and cons of local governments working together on joint projects  Advantages of anchor tenants

Kissinger & Fellman, P.C. Implementation  Monitoring construction schedules  Compliance testing for the network  Ongoing oversight  Marketing the network

Kissinger & Fellman, P.C. Thank You! For more information: Ken Fellman 3773 Cherry Creek North Drive, Suite 900 Denver, Colorado