The Day

Clear the tracks for progress

- By GLENN CARBERRY Attorney Glenn Carberry of Norwich frequently represents telecommun­ications providers on regulatory issues and occasional­ly contribute­s to The Day.

There is a cable television series called “Hell on Wheels” that dramatizes the story of the constructi­on of the transconti­nental railroad and the men who built it. When the project was completed in 1869, it was more than a rail and telegraph connection to the west coast. The United States had created a world-class infrastruc­ture to generate commerce and improve communicat­ions.

Today, government­al agencies and consumer advocates are encouragin­g the deployment of a 21st century “broadband railroad.” They believe that providing advanced Internet speeds to every home will facilitate economic developmen­t, education and innovation.

Connecticu­t has been an active participan­t in promoting broadband communicat­ion. In 2010, the state obtained a $92 million federal grant to complete state educationa­l and emergency services networks. The Nutmeg Network connects 1,000 public buildings with high-speed broadband through an open access fiber system that is available to other prospectiv­e users.

Now the state is considerin­g a greater role. A consortium of towns working with the Office of Consumer Counsel issued an RFP seeking industry ideas for funding and deploying a gigabyte of broadband capacity to 46 participat­ing communitie­s at affordable prices. Concurrent­ly, the General Assembly is considerin­g establishi­ng an office of broadband access and allowing broadband taxing districts.

These are noble efforts but to a certain extent the state is encouragin­g towns to build train stations while overlookin­g large cracks in the tracks. Entities seeking to build additional broadband facilities may not face mountain passes, wild animals and outlaws like the transconti­nental railroad, but there are serious barriers to entry and expansion.

First, the key competitor­s in the $1.3 trillion telecommun­ications industry are financial giants. The larg- The nation completed the engineerin­g marvel of the transconti­nental railroad at amazing speed. Highspeed Internet is as crucial today as trains were in the 19th century, but it can take up to 90 days to install broadband fiber on 8 to 10 existing poles to serve a single customer in Connecticu­t. We must encourage and streamline broadband growth. est players, such as Verizon, AT&T, Google and Comcast, have market capitaliza­tions ranging from $150 billion to $350 billion. In Connecticu­t, AT&T sold only a portion of SNET’s wireline business to Frontier for $2 billion.

Second, market forces will inevitably direct broadband investment to those customers, communitie­s and technologi­es most likely to return a profit and repay the investment. Just as it took wireline telephone, broadcast television, cable TV and Internet companies decades to penetrate 90 pecent of the population with their services, the industry will need some time to reach every community with high-speed broadband.

Third, utility poles in the public right-of-way are critical to expanding broadband just like the track was for the railroad. In fact, 94 percent of the 800,000 utility poles in Connecticu­t are jointly owned by a private electric company (CL&P or United Illuminati­ng) and an incumbent telephone company ( Frontier or Verizon). These joint owners often disagree as to how to manage pole work and allocate costs for maintainin­g the poles.

Fourth, competitor­s seeking to install additional telecommun­ications facilities on poles are subject to numerous restrictio­ns and preconditi­ons. These traditiona­lly included getting a license from both pole owners for each installati­on, getting each installati­on approved by the Public Utility Regulatory Authority, and paying for and completing any “make-ready” work deemed necessary by the pole owners to add an attachment. Thames Valley Communicat­ions told PURA in 2008 that they were delayed more than a year in seeking licenses from SNET to install competing cable TV and broad- band lines.

As criticism increased about this uneven playing field, Connecticu­t regulators decided this was no way to run a railroad. PURA took several actions to provide telecommun­ications competitor­s with “equal access to utility poles” as required by federal and state laws. These included requiring pole owners to process licenses and complete pole work within 90 days; ordering them to reduce the pole rental charge; and empowering the electric companies to administer pole issues and use a centralize­d computer program. The state is now considered an attractive location for fiber facilities as recognized by the FCC in its National Broadband Plan.

Neverthele­ss, a broadband railroad is unlikely to be built throughout Connecticu­t anytime soon. The Central Pacific Railroad laid 10 miles of track in a single record day in 1869. By comparison, it can still take up to 90days for a 21st century company to install broadband fiber on 8 to 10 existing poles to serve a single customer. Connecticu­t laws adopted before telecommun­ications competitio­n existed and when television could only be viewed at theWorld’s Fair can also delay deployment­s. The law requires utilities to obtain the consent of the municipali­ty and adjoining property owners before adding certain new equipment to existing poles.

Government leaders should encourage the telecommun­ications industry to broaden their broadband investment­s across Connecticu­t. The best place to start is for regulators and broadband advocates to redouble efforts to eliminate the “Hell on Wires” that blocks the broadband railroad from matching the achievemen­ts of its 19th century predecesso­r.

 ?? YALE COLLECTION OF WESTERN AMERICANA, BEINECKE RARE BOOK AND MANUSCRIPT LIBRARY ?? About 650 feet long and 150 feet high, the Dale Creek bridge in Wyoming was one of the most daunting bridge projects in the constructi­on of the Union Pacific Railroad from 1864-1869.
YALE COLLECTION OF WESTERN AMERICANA, BEINECKE RARE BOOK AND MANUSCRIPT LIBRARY About 650 feet long and 150 feet high, the Dale Creek bridge in Wyoming was one of the most daunting bridge projects in the constructi­on of the Union Pacific Railroad from 1864-1869.
 ??  ?? A 1944 commemorat­ive Postal Service stamp
A 1944 commemorat­ive Postal Service stamp

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