Legislative Update: What’s Happening on the Hill? Presented to the SEE Joint Use Committee by Charles A. Zdebski Troutman Sanders LLP Washington, DC

The Answer NOTHING

Federal Statutory Developments Ensign Act: Initiated August 2005 – proposed single rate for all broadband attachments, but died in session

Federal Statutory Developments Critical Infrastructure Act: Circulated in late 2005 through early 2006 via EEI’s PAG – a current draft is still under construction

Federal Statutory Developments Current Status: Limbo There is no telecom legislation moving through Congress except a proposed extension of the ban on Internet taxes

Federal Regulatory Developments United States Telecommunications Association Petition for Declaratory Ruling Seeks to grant ILECs that are provided voluntary access with regulated rates, terms and conditions

Federal Regulatory Developments Fibertech Petition for Declaratory Ruling Seeks to provide attachers with specific engineering, construction and make ready rules, much like in NY proceeding: Boxing and extension arms Communications workers access to utility manholes Unfettered access to conduit records Cost documentation for certain fees Installation of certain attachments without permits Commingling of communications cables in entrance conduit New deadlines for field surveys and make-ready work

Federal Regulatory Developments The Word on the Street: A draft NPRM is circulating at the FCC on both the USTA and Fibertech petitions and will be issued soon; may perhaps be on the October 24 th agenda for the October 31 st FCC meeting. But Chairman Martin may also revise the cable rate in the NPRM.

A Head On Collision USTA/ILECs v. NCTA/Big Cable v. EEI/IOUs Each has a lot at stake in a strong vested interest

New York Major Policy Statement on Pole Attachments Issued August 6, 2004 (Case 03-M-0432) Covers Aerial and Underground Topics Include: –Notice –Drop Poles –Make-ready Estimates and Charges –Rearrangements

New York (continued) –Boxing and Extension Arms –Power Supplies –Standards –Post-Construction Inspections –Overlashing –Audits –Periodic Inspections –Standard Terms and Conditions of Agreements –Contractor Qualifications

New York (continued) Major Proceeding not Major Enough – T-Mobile Seeks Wireless Proceeding Wireless Proceeding Opened June 27, 2007 (Case 07-M-0741) Issues Include: –Whether Pole Owners Should Be Required to Provide Taller Poles to Accommodate Wireless Attachers

New York (continued) –Whether There Are Pole Loading Concerns with Ice and Wind Prevalent during New York State Winters –What Rates, Terms and Conditions Are Appropriate –What Are Examples of Inability to Gain Reasonable Access to Poles Comments filed September 10, 2007; reply comments filed September 24, 2007

Conclusion It depends upon perspective: WEARENOWHERE