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Massachusetts Telecommunications Symposium July 26, 2004

Massachusetts Telecommunications Symposium July 26, 2004. Public Policy – Legal Overview. Jim Baller The Baller Herbst Law Group, PC Washington, DC (202) 833-1144 Jim@Baller.com. Disclaimer.

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Massachusetts Telecommunications Symposium July 26, 2004

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  1. Massachusetts Telecommunications SymposiumJuly 26, 2004 Public Policy – Legal Overview Jim Baller The Baller Herbst Law Group, PCWashington, DC (202) 833-1144 Jim@Baller.com

  2. Disclaimer This presentation does not constitute legal advice and should not be interpreted as such. For advice on Massachusetts or local law, please consult your Massachusetts counsel. Jim Baller

  3. Bristol, VA Chelan County, WA Crawfordsville, IN Dalton, GA Danville, VA Jacksonville, FL Kutztown, PA North Kansas City, MO Provo, UT Rockford, IL Rock Springs - Green River, WY Lafayette, LA Tri-Cities, IL UTOPIA, UT Others … Baller Herbst - Fiber Projects

  4. Cable Modems and DSL – No Big Deal! “It is important to note here that the current generation of broadband technologies (cable and DSL) may prove woefully insufficient to carry many of the advanced applications driving future demand. Today’s broadband will be tomorrow’s traffic jam, and the need for speed will persist as new applications and services gobble up existing bandwidth.” Office of Technology Policy, U.S. Department of Commerce, Understanding Broadband Demand: A Review of Critical Issues,at 6 (Sept. 2002)

  5. 64Kbps Phone Line 128Kbps ISDN 3Mbps DSL 600Kbps DSL 3.7Mbps MPEG-2 CBR VHS Quality Video Stream 1.544Mbps T1 10Mbps Ethernet 20Mbps MPEG-2 CBR HDTV Quality Video Stream 100Mbps Ethernet Bandwidth Comparisons Gig-E Gig-E Work at home Educational & Medical Applications Gig-E By Jonathan Moore Gig-E

  6. Developments at the National Level • Federal law does not authorize public entry • Public entities must have state and local authority • Several states currently have barriers to public entry • AR, FL, GA, MN, MO, NE, NV, SC, TX, UT, VA, WA, WI • Nixon v. Missouri Municipal League • Term “any entity” in TA 253(a) not clear enough for preemption • Not a decision on merits of municipal entry • Municipalities have “a respectable position” on public interest • FCC “denounced” policies behind Missouri law • Many amici curiae supported municipalities

  7. National Developments (2) • We did well in state legislatures in 2004, but the incumbents will be back • Likely push by all sides in next 2 Congresses • Vicious battles before agencies, courts, city councils • Unstable regulatory environment – e.g., Brand X, Wireline NPRM, BPL, VoIP, IP-Enabled, UNEs, etc. • Potential impact of elections

  8. Massachusetts • Municipalities have “home rule” (with some limitations) • Municipal electric utilities have express authority to provide telecom services • Municipalities can establish cable systems • No current state restrictions on these or other services • Must follow procedures very carefully • Must review local ordinances, bonds, contracts, etc. • Municipalities can band together for joint action

  9. Thanks!

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