1. NATOA NATIONAL CONFERENCE 2013 ORLANDO, FL Building a New Social Compact in an IP World Jim Baller The Baller Herbst Law Group, P.C. (202) 833-1144 Jim@Baller.com

2. What Is a “Social Compact”? In a grand, overarching sense (Access to public assets  service in public interest) In a narrower, particularized sense (ROW access rights, cable franchises, pole agreements, tower siting permits, etc. Today balance shifted to industry – options?

3. My Focus – Communities That Want Gigabit Networks Lots of attention in US, around the world – Google Fiber, Chattanooga (and others), Gig.U, Gigabit Squared, fed stimulus programs, FCC Gigabit Community Challenge, etc. – even AT&T, Frontier, CenturyLink Controversial: Need? Value? Priorities? Gigabit networks not yet for everyone; not the same for all communities

4. My Focus – Communities That Want Gigabit Networks Lots of attention in US, around the world – Google Fiber, Chattanooga (and others), Gig.U, Gigabit Squared, fed stimulus programs, FCC Gigabit Community Challenge, etc. – even AT&T, Frontier, CenturyLink Controversial: Need? Value? Priorities? Gigabit networks not yet for everyone; not the same for all communities

5. Common Characteristics Main goals: economic development and global competitiveness, educational opportunity, health care, energy, … quality of life May not be same local officials as the ones that focus on regulatory issues – may have different perspective and priorities May not necessarily want a public network

6. Ways to Get Gigabit Networks  Develop own network – doable, but challenging  Develop regional networks – also doable, challenging  Seek one or more private partners -What do private partners want? >As easy, cheap, entry as possible >As much support in building revenue as possible -Sources: Google and others’ statements, Gig.U’s guidance; FTTH Council’s community toolkit

7. Ways to Get Gigabit Networks  Develop own network – doable, but challenging  Develop regional networks – also doable, challenging  Seek one or more private partners -What do private partners want? >As fast, easy, cheap, entry as possible >As much support in building revenue as possible -Sources: Google and others’ statements, Gig.U’s guidance; FTTH Council’s community toolkit

8. Key Issues When Dealing With Private Partners Selling the community as vibrant, good place to be Non-discrimination and competitive neutrality – what do these terms mean? – value of gigabit service – in kind credits? Build-out requirements Ways to speed construction – e.g. inspectors Access to public fiber, rooftops, other assets