1. Feb. 11-13, 2013 1 Utility Use of Roadway Rights-of-Way Recent Developments

2. Feb. 11-13, 2013 2 SB1402 Roadways

3. Feb. 11-13, 2013 3 The Network Investor Equation C - Capital Expenditures O - Operating Expenditures r - Risk R- Revenues SB- System Benefits (Benefits that drive increased revenues outside the communities where the new or incremental investments are made.) CL- Losses due to competition Changing the Network Investor Math Source: Blair Levin, Executive Director, Gig.U 2012

4. Feb. 11-13, 2013 4 SB1402 Deployment Model

5. Feb. 11-13, 2013 5 Reducing ROW Policy Barriers and Solutions Premise Because Broadband Internet Services are fundamental to economic growth, competitiveness, and well-being, the underlying infrastructure for delivery of Broadband services is essential—as is our highways, electricity, and clean water.

6. Feb. 11-13, 2013 6 Reducing ROW Policy Barriers and Solutions  Policy Clusters  Promoting public processes enabling widespread utilization of broadband Internet services  Reducing economic barriers to widespread implementation of broadband Internet infrastructure

7. Feb. 11-13, 2013 7 Cluster 1: Promoting Public Processes Enabling Widespread Internet Utilization  Expanding availability/assessibility for  K-12 learning platforms/processes  Broader markets for providers of unique local goods and services  Medical services  Telework  Library services  Government services

8. Feb. 11-13, 2013 8 Cluster 2: Reducing barriers to widespread implementation of Internet infrastructure  Expanding access to  Longitudinal rights-of-way  Vertical rights-of-way  Exercising your right to transfer FCC-based ROW decisions to tribal-level decision makers  Unify and simplify permitting processes  Expediting ROW, easement, and permit processes

9. Feb. 11-13, 2013 9 Barriers to Establishing Public ROW As Essential Infrastructure  Federal Laws and Rules  Federal Highway Administration (FHWA) Rules  FHWA is responsible for highway safety (23 U.S.C. § 401)  ROW Management on the interstate system (23 U.S.C. 109(1) and 111(a))  Implementing regulations, telecom installations (23 C.F.R. Pt 645, Spt B)  Other Federal Laws Include  Federal Land Policy Management Act of 1976 (FLPMA)  Public Law No. 107-217 Sec. 1314 (40 USCS Sec. 1314)  National Environmental Policy Act (NEPA)  National Historic Preservation Act (NHPA)  Endangered Species Act (ESA)  National Marine Sanctuaries Act.

10. Feb. 11-13, 2013 10 Near-term Strategies For Overcoming Barriers To Public Vertical Rights-Of-Way -- Tribal Policy Actions  Options  Leverage Executive Order regarding ROW on federal lands  Leverage SB1402—and likekind state statutes  Transfer ing FCC-based ROW decisions to Tribal decision makers  Facilitating easier access to existing infrastructure – pole, etc.  Levereaging master contracts - common terms and conditions  Lowering ROW fees to cost-based levels  Lowering telecommunications pole rents  Creating a state, tribal and local task force to identify right-of- way best practices to speed deployment and cut costs.  Streamlining archeological and cultural siting studies  Reducing permitting constraints

11. Feb. 11-13, 2013 11 Questions?