Michael Keeling, PE, Esq. Keeling Law offices

1. Utility Use of Roadway Rights-of-Way Recent Developments Michael Keeling, PE, Esq.Keeling Law offices

2. SB1402Roadways

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. SB1402DeploymentModel

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. 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. 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. 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. 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. 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. • Levereagingmaster 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. Questions?