IMLA2016_ Lide_ dark fiber 4-15-16 (9 page Word document)
Author: Casey Lide
Sean Stokes & Casey Lide, “Key Legal and Regulatory Issues Affecting Community Broadband Projects,” Broadband Communities Summit, Austin TX, April 6, 2016
Special Bulletin: Adrian Herbst Joining Bradley Hagen & Gullikson
April 1, 2016
Adrian Herbst Joining Bradley Hagen & Gullikson
We wish to announce that Adrian Herbst, our partner, valued colleague, and friend, has become a member of Bradley Hagen & Gullikson, LLC, a Minneapolis-based law firm. Adrian will be accompanied by his daughter, our associate Leslie Saporito.
As of today, our firm will be known as Baller Stokes & Lide, P.C.
We congratulate Leslie on her early partnership and look forward to continuing to work with Adrian and Leslie on current and future matters.
FCC Section 706 Preemption Proceeding, 2015-16
Sean Stokes, “Expanding Right-of-Way Basics,” Podcast Hosted by Community Broadband Networks, 9/22/2015
Podcast by Sean Stokes on right-of-way basics, hosted by ILSR / Community Broadband Networks:
“For this week’s Community Broadband Bits, we are delving into an area of law and practice that is quite important for Internet network deployment but tends to be dry and confusing. Not for us today though, we have Sean Stokes, a Principal at Baller Herbst Stokes & Lide, joining us to explain Right-of-Way basics.
We talk about what the public Right-of-Way (ROW) is, who is responsible for maintaining it, how entities can get access to it and how poles are distinct from the ROW. We discuss how much power local governments and pole owners have to deny access to these assets and some of the costs associated with make-ready. If you don’t know what make-ready is, you’ll know in less than thirty minutes.
We finish our discussion by exploring the “Municipal Gain” policy in Connecticut, where munis are entitled to some space on the poles for any purpose they choose to use it. Historically, this was used only for public safety, but it was recently broadened. Sean also explores how he believes we should simplify access for fiber optics rather than basing access on the particular end service being offered.”
Sean Stokes, Casey Lide, “Key Legal and Regulatory Issues Affecting Community Broadband Projects,” Broadband Communities Econ. Devp. Conference, Lexington, KY, September 15, 2015
Casey Lide, “Balancing the Benefits and Privacy Concerns of Municipal Broadband Applications,” N.Y.U. JLPP, Spring, 2008
A 2008 article by Casey Lide in the N.Y.U. Journal of Legislation and Public Policy exploring privacy issues relating to video surveillance, electronic sensor systems, and other privacy-sensitive applications that may utilize municipal broadband networks.
Baller Herbst Stokes & Lide Named to Broadband Communities Magazine’s “FTTH Top 100”
Baller Herbst Stokes & Lide has again been named to Broadband Communities Magazine’s FTTH Top 100 (2015), and is the only law firm to have been included on the list each year from 2012 through 2015.
BHSL Memo: “Small Cell, DAS and Wi-Fi Facilities Siting in the Public Right of Way: Practical Considerations for Local Governments”
BHSL Wireless Facilities Siting Memorandum, 7/21/15 (PDF)
Excerpt:
“The recent proliferation of small cells, distributed antenna systems (DAS), and outdoor Wi-Fi facilities has brought with it a number of challenges, and some potential opportunities, for local governments. In reviewing, negotiating, and approving the siting of wireless facilities within the public right of way (PROW), a local government must navigate the sometimes-competing interests of 1) obtaining fair compensation for use of the PROW, 2) obtaining fair compensation for attachments to city facilities (if any), 3) accommodating reasonable access and entry to the market for service providers that may be entitled to it under federal and state law, 4) facilitating (and encouraging) the efficient deployment of valuable wireless services for city residents and businesses, 5) recognizing and exploring opportunities for beneficial public-private partnerships, and 6) satisfying the local government’s obligations with regard to public safety and welfare.
This memorandum explores some of the main considerations for local governments faced with such issues.”
Casey Lide, “Open Internet and Title II: Recent Federal Developments,” Maryland Digital Government Summit, June 4, 2015
Reply Comments of NWSCC in FCC Proceeding Interpreting the Term “MVPD” (MB Docket No. 14-261), April 1, 2015
BHSL NWSCC MVPD Reply (April 1, 2015)
Sean Stokes, Casey Lide, “Key Legal and Regulatory Issues Affecting Community Broadband Projects,” Broadband Communities Summit, Austin TX, April 13, 2015
Stokes_Lide BBd Comms 4-12-15 3 (PowerPoint)
Baller Herbst Stokes & Lide: Memorandum on the Federal Universal Service Program
Memorandum on the Federal Universal Service Program, including updates following the FCC’s March 2015 Open Internet Order (March, 2015) (PDF)
FCC Memorandum Opinion and Order Granting Wilson, N.C., and Chattanooga EPB Preemption Petitions – March 12, 2015
Baller Herbst Stokes & Lide Statement on the FCC’s Order Removing Barriers to Community Broadband Initiatives in Tennessee and North Carolina
BHSL Press Release_3-12-2015 (PDF)
For Immediate Release
March 12, 2015
Contact: Jim Baller
202-441-3663
Jim@Baller.com
Baller Herbst Stokes & Lide Statement on the Federal Communications Commission’s Order Removing Barriers to Community Broadband Initiatives in Tennessee and North Carolina.
On February 26, 2015, the FCC voted to grant the petitions filed by the City of Wilson, North Carolina (Wilson) and the Electric Power Board of Chattanooga, Tennessee (EPB) to remove certain State laws that impose barriers to the ability of local government entities to invest in high-capacity broadband Internet networks and promote competition in their communities. Today, the Commission released a 116-page written order that implements the Commission’s decision and explains its rationale.
Washington (March 12, 2015) – Baller Herbst Stokes & Lide, lead counsel to Wilson and EPB in their proceedings before the FCC, is grateful to the Commission for its thoughtful decision. We also applaud Wilson and EPB for their visionary and courageous efforts on behalf of their communities. This decision will enable them to bring broadband Internet access at gigabit speeds to neighboring areas in which businesses and residents are clamoring for their advanced communications services and capabilities.
In the attached Order, the Commission concluded that: “Tennessee and North Carolina laws are barriers to broadband infrastructure investment and that preemption will promote competition in the telecommunications market by removing statutory barriers to such competition. In other words, we find that removal of such barriers would likely result in more overall broadband investment and competition. … To put it plainly, the Commission has concluded that preemption of these restrictions will expand broadband investment and deployment, increase competition, and serve the public interest, as Section 706 intended.”
Jim Baller, senior principal of Baller Herbst Stokes & Lide, stated:
“The Commission’s order not only addresses the legal issues thoroughly and effectively, but it also draws upon an extensive record to make a compelling case for local Internet choice.
“We hope that the order will encourage States not to adopt new protectionist measures, and to remove existing ones, that impair the ability of their communities to survive and thrive in the emerging knowledge-based global economy. Such laws are bad for the communities involved, bad for the private sector, particularly high tech companies, and bad for America’s global competitiveness.”