SCAN NATOASCAN NATOA1616thth Annual Spring Conference Annual Spring Conference

and Star Awardsand Star AwardsJune 21, 2012June 21, 2012

Legislative/Regulatory Legislative/Regulatory Update Update

The FCCThe FCC

Rights of Way Notice of Inquiry Rights of Way Notice of Inquiry WC Docket No. 11-59 WC Docket No. 11-59

Major issued raised:Major issued raised: Wireless Deployment – DAS; Wireless Deployment – DAS;

collocationcollocation Use of consultantsUse of consultants ROW compensationROW compensation Development of best practices Development of best practices

Over-the-Air Reception Devices Rule Over-the-Air Reception Devices Rule (OTARD)(OTARD)

MB Docket No. 12-121; CSR 8541-OMB Docket No. 12-121; CSR 8541-O

Challenge to City of Philadelphia dish Challenge to City of Philadelphia dish siting ordinancesiting ordinance

Petition for declaratory ruling that Petition for declaratory ruling that OTARD rules also apply to “common OTARD rules also apply to “common areas” of private property areas” of private property

Universal Service ReformUniversal Service ReformWC Docket Nos. 10-90, 11-41, 03-109, 05-WC Docket Nos. 10-90, 11-41, 03-109, 05-

337, 12-23; WT Docket No. 10-208 337, 12-23; WT Docket No. 10-208

FCC orders reforms to help deploy FCC orders reforms to help deploy broadband services to rural Americabroadband services to rural America

Potential use of USF savings to finance Potential use of USF savings to finance digital learning programs via a wide digital learning programs via a wide variety of community-based variety of community-based organizations, including PEG centersorganizations, including PEG centers

Encryption of Basic Service TierEncryption of Basic Service TierMB Docket No. 11-169 MB Docket No. 11-169

Protection for ALL subscribers Protection for ALL subscribers Subscriber notificationSubscriber notification Protection from bill shockProtection from bill shock Free set top boxesFree set top boxes Protection for PEGProtection for PEG Commission review for Commission review for

consumer impactconsumer impact

Definition of “MVPD” and Definition of “MVPD” and “Channel”“Channel”

MB Docket No. 12-83 MB Docket No. 12-83 • Transmission path requirementTransmission path requirement• Regulatory benefits v. obligationsRegulatory benefits v. obligations• Unintended consequencesUnintended consequences• Competition and innovation Competition and innovation

Intergovernmental Advisory Intergovernmental Advisory CommitteeCommittee

Members include:Members include: NATOA Immediate Past President Ken NATOA Immediate Past President Ken

FellmanFellman NATOA members Gary Resnick (Wilton NATOA members Gary Resnick (Wilton

Manors, FL), and Bruce Regal and Manors, FL), and Bruce Regal and Radhika Karmarkar (New York City) Radhika Karmarkar (New York City)

On the HillOn the Hill

Middle Class Tax Relief and Middle Class Tax Relief and Job Creation Act of 2012Job Creation Act of 2012

Public Law 112-96Public Law 112-96

Provides D Block spectrum and Provides D Block spectrum and $7 billion in funding to build a $7 billion in funding to build a

nationwide, interoperable public nationwide, interoperable public safety wireless broadband safety wireless broadband

networknetwork

Creation of First Responder Network Authority (FirstNet) to Creation of First Responder Network Authority (FirstNet) to oversee development of networkoversee development of network

FCC’s Auction Authority extended an additional 10 yearsFCC’s Auction Authority extended an additional 10 yearsIncentive Based Auctions & Auction capability for federal Incentive Based Auctions & Auction capability for federal spectrumspectrum

Between $100-$300 million for Public Safety R&DBetween $100-$300 million for Public Safety R&D$135 million for State and Local Implementation Grant Program $135 million for State and Local Implementation Grant Program (SLIP)(SLIP)

$115 million for Next Generation 9-1-1 (NG9-1-1) technologies $115 million for Next Generation 9-1-1 (NG9-1-1) technologies

15 Member Board of Directors:15 Member Board of Directors:

3 Federal Members (DHS, DOJ, and OMB)3 Federal Members (DHS, DOJ, and OMB)

3 individuals to represent collective interests of States, locals, 3 individuals to represent collective interests of States, locals, tribes, and territories tribes, and territories

3 individuals who have served as public safety professionals 3 individuals who have served as public safety professionals

6 Other (could include state, local, public safety, commercial, 6 Other (could include state, local, public safety, commercial, other)other)

Secretary of Commerce will make the appointments for non-Secretary of Commerce will make the appointments for non-Federal membersFederal members

By law, FirstNet By law, FirstNet mustmust consult with regional, state, tribal consult with regional, state, tribal and local jurisdictions to carry out its statutorily and local jurisdictions to carry out its statutorily defined duties. These include:defined duties. These include:

- Placement of towers and other assets- Placement of towers and other assets- Core and RAN build out- Core and RAN build out- The hardening, security and resiliency of the network- The hardening, security and resiliency of the network- Public-public and public-private partnerships- Public-public and public-private partnerships- State and local input is - State and local input is crucialcrucial for the success of the for the success of the nationwide broadband network. nationwide broadband network.

NTIA and FirstNet shall create a NTIA and FirstNet shall create a grant program grant program to assist to assist state, regional, tribal, and local jurisdictions to identify state, regional, tribal, and local jurisdictions to identify and plan the most effective way to utilize and integrate and plan the most effective way to utilize and integrate the infrastructure, equipment, and other architecture the infrastructure, equipment, and other architecture associated with the nationwide PSBN. associated with the nationwide PSBN.

The grant program will: The grant program will: Define eligible costsDefine eligible costsDetermine the scope of eligible activities Determine the scope of eligible activities Prioritize grants for activities that ensure coverage in rural as Prioritize grants for activities that ensure coverage in rural as well as urban areas well as urban areas

$135 Million in funding (Federal Share wont exceed $135 Million in funding (Federal Share wont exceed 80% of eligible costs)80% of eligible costs)

Marketplace Fairness ActMarketplace Fairness ActS. 1832S. 1832

Would permit states and local Would permit states and local governments to collect sales and governments to collect sales and

use taxes on Internet remote use taxes on Internet remote sales sales

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