Settling rights-of-way issues key to broadband deployment

Rights of way management issues are impeding the progress of broadband deployment nationwide and must be settled soon in order for the technology to have maximum impact on telecom’s economic recovery, according to panelists participating in an FCC public forum yesterday.

However, the commission and Nancy Victory, U.S. assistant secretary of commerce and director of the National Telecommunications and Information Administration (NTIA), which has made rights-of-way management a top priority, stressed that any solutions must take into account the needs of both broadband service providers and the jurisdictions that manage the rights of ways.

FCC Chairman Michael Powell said rights-of-way issues “have been with us forever,” and drew parallels to European farmers who decades ago grew hedgerows to contain livestock, but later came under pressure from those whose use of those rights of way was impeded. Powell acknowledged that the role of state and local governments in rights-of-way management was important, but added that they must be cognizant of the federal government’s “aggressive blueprint for infrastructure development.”

However, Commissioner Michael Copps said that while such issues are retarding the progress of broadband deployments, state and local governments have had “an historic role” in the management of rights of ways that should not be taken lightly or discarded easily. “That is not a heritage that should be rolled over,” Copps said.

Victory echoed that sentiment. “Nothing is more important” than speeding broadband deployments because of the technology’s potential to revolutionize the way Americans work and play, as well as the key role it could play in the nation’s economic recovery, she said. She cited statistics that indicate about half of the country is connected to the Internet, but only one in five of those users are connected via a broadband connection. Said another way, only 11% of all Americans currently have a broadband connection.

“We have a long way to go before we realize broadband’s full potential, and rights-of-way management is a key ingredient to achieving that potential,” Victory said.

However, she added that while state and local governments sometimes have treated broadband service providers as “trespassers rather than customers who should be invited in,” they have an important responsibility to ensure that public lands are used appropriately, and consequently must remain an integral part of the process.

“A more customer-oriented approach is essential to removing the barriers to broadband deployment,” Victory said. “But government managers are like storekeepers who determine what behavior is inappropriate in their stores. They must be allowed to place reasonable limits on the activities of broadband providers. Recognizing that each side has legitimate concerns is an important step in the right direction.”

Victory said NTIA currently is studying how local communities handle rights-of-way management issues and hopes to issue a report before the end of the year. NTIA also has developed a working group consisting of representatives of all federal agencies that have major rights-of-way management responsibilities. The group will look for ways to streamline the application process, speed the issuance of permits, ensure that fees are just and reasonable, and make sure that broadband providers fulfill their rights-of-way obligations in a manner that is equitable.

“Broadband providers need to repair and maintain the rights of way, but we need to make sure that we don’t place undue burdens on them,” Victory said.