STATE OF NEW YORK BEFORE THE PUBLIC SERVICE COMMISSION Petition of CTIA – The Wireless Association ) for the Commission to Update and Clarify ) Case No. 16-M-0330 Wireless Pole Attachment Protections. / INITIAL COMMENTS OF EXTENET SYSTEMS, INC. ExteNet Systems, Inc., and its subsidiaries, (“ExteNet”), hereby responds to the New York Public Service Commission’s (“Commission”) November 12, 2019 Notice Seeking Comments (“Notice”) and the December 9, 2019 Notice Extending Comment Deadline in the above-captioned Petition of CTIA – The Wireless Association for the Commission to Update and Clarify Wireless Pole Attachment Protections. I. INTRODUCTION In the Telecommunications Act of 1996 (the “Act”), Congress imposed on the Federal Communications Commission (“FCC”) the obligation to “regulate the rates, terms, and conditions for pole attachments to provide that such rates, terms, and conditions are just and reasonable, and shall adopt procedures necessary and appropriate to hear and resolve complaints concerning such rates, terms, and conditions.”1 However, “in any case where such matters are regulated by a State,” Congress stated that FCC jurisdiction shall not apply.2 States that sought to exercise jurisdiction over pole attachments in their states were required to certify3 to the FCC that they have promulgated “rules and regulations implementing the State’s regulatory authority over pole attachments” and have a procedure in place to resolve complaints within 180 days (unless the 1 47 U.S.C. §224(b)(1). 2 47 U.S.C. §224(c)(1). 3 47 U.S.C. §224(c)(2). State’s rules and regulations for such complaints allow additional time, but not more than 360 days).4 To date, twenty states and the District of Columbia have opted out of Commission regulation of pole attachments in their jurisdictions.5 These states are commonly referred to as “non-FCC states.” New York is one of the non-FCC states. It is ExteNet’s understanding that the purpose of this proceeding is to solicit comments on potential changes to the ““rules and regulations implementing the State [of New York’s] regulatory authority over pole attachments,” and these comments reflect such. II. ABOUT EXTENET SYSTEMS, INC. ExteNet has a vital interest in how and whether this Commission regulates the terms and conditions upon which ExteNet attaches to utility poles within the State of New York. ExteNet designs, builds, owns, manages and operates indoor and outdoor distributed network systems to help meet the growing demand for improved mobile and wireless broadband coverage and capacity in key strategic markets across the United States – including many such markets here in New York. Distributed network systems bring wireless network elements such as low-powered wireless antennas and access points closer to the user to ensure ubiquitous and high- capacity wireless broadband connectivity. Utilizing distributed antenna systems, remote radio heads, small cells, Wi-Fi and distributed core soft-switching technologies, ExteNet enables wireless service providers, enterprises and venues to better serve their subscribers, customers, workers, residents, tenants and communities. 4 47 U.S.C. §224(c)(3). 5 The following jurisdictions have certified that they regulate pole attachments: Alaska, Arkansas, California, Connecticut, Delaware, District of Columbia, Idaho, Illinois, Kentucky, Louisiana, Maine, Massachusetts, Michigan, New Hampshire, New Jersey, New York, Ohio, Oregon, Utah, Vermont, and, Washington. WC Docket No. 10-101, Public Notice, 25 FCC Rcd 5541, 5541-42 (WCB 2010). Pennsylvania and West Virginia are in the process of certification. 2 ExteNet owns and operates multi-carrier -- often referred to as “neutral-host” -- and multi- technology distributed network systems to ensure multiple wireless service providers can provide wireless telecommunication and eventually 5G services in the most effective and efficient manner. Utilizing its neutral host facilities, ExteNet also provides licensed and/or unlicensed spectrum to the general public on a nondiscriminatory basis. ExteNet creates a scalable network design utilizing its high-bandwidth fiber network to ensure that wireless network densification needs of users and wireless service providers are met and can evolve over time as user demands dictate. Typically, ExteNet installs distributed network systems and small wireless facilities on existing utility poles, street lights, and other existing facilities located in the public right-of-way. In addition, ExteNet attaches its ExteNet owned backhaul fiber to these facilities and to conduit located in the public rights-of-way. These utility poles and conduit are often owned by the public utility companies under the regulatory jurisdiction of the Commission. Non-discriminatory and equitable access to these public utility company owned utility poles and conduit are essential not only to ExteNet but to all telecommunications providers offering service to the people of New York who are clamoring for additional wireless access and bandwidth. A. ExteNet’s Authority to Operate in Pennsylvania This honorable Commission granted ExteNet’s predecessor-in-interest, ClearLinx Network Corporation, a Certificate of Public Convenience and Necessity as a facilities-based provider and reseller of telephone service.6 Based on the authority granted by this Commission, ExteNet has been able to negotiate pole attachment and wireless attachment agreements with Central Hudson Gas and Electric Corporation, Consolidated Edison Company of New York, Inc. (“ConEd”), Frontier Communications of New York, Long Island Lighting Company d/b/a LIPA, 6 Case No. 05-C-1428. 3 New York State Electric and Gas Corporation (“NYSEG”), Niagara Mohawk Power Corporation d/b/a NGRID, Orange and Rockland Utilities, Inc., Rochester Gas and Electric Corporation (“RG&E”), Verizon New York Inc. and other pole owning entities throughout the state, each of which are public utilities under the jurisdiction of this Commission. These agreements permit the placement of fiber, antenna and wireless equipment on utility-owned poles within the public rights- of-way. In addition, ExteNet has agreements in place with numerous New York municipalities for both access to the public rights-of-way and attachment to municipal-owned poles and other structures. Utilizing these and other agreements, ExteNet has installed networks throughout the State of New York. ExteNet anticipates installation of additional networks and small wireless facilities in New York as the need for wireless capacity continues to grow. III. DISCUSSION While the Commission has made significant progress in addressing pole attachment issues in this proceeding more remains to be done to realize the vision outlined in Governor Andrew Cuomo’s 2020 annual message to the Legislature regarding the state of the state. In that message, the Governor Stated: In 2015, Governor Cuomo launched the $500 million New NY Broadband Program to achieve statewide high-speed Internet access. As a result of the historic $1 billion public/private investment catalyzed by the program, New York leads the nation in rural broadband deployment – addressing over 2.4 million locations in unserved and underserved areas across the state and ensuring that more than 99 percent of New Yorkers will have access to wired broadband. Notwithstanding this progress, many areas in the State lack adequate cellular service coverage. Reliable cellular service is critical in order to have access to information, public safety, and economic growth. Additionally, New York’s success at driving record tourism across the state has further underscored the need for improved coverage in those regions. 4 Governor Cuomo will launch a comprehensive plan to put New York on a path to full cellular service coverage. • The Governor will name a State Cellular Coverage Director at Empire State Development to develop “wireless coverage implementation plans” for the areas of the State with significant pockets of unreliable or gaps in cellular service coverage. In particular, the Director will be tasked with focusing on an estimated 1,950 miles of major roadways lacking service. This will include efforts to close coverage gaps on all interstate, U.S., and state highways, and significant “connectors” serving major tourist areas – the most aggressive State effort to advance rural cellular deployment in the nation. • For those areas determined by the State Cellular Coverage Director to have significant pockets of unreliable cell coverage in the state, a series of regulatory improvements will be proposed to promote private cellular infrastructure in those areas. This includes: o Implementing the use of “batch-permitting” for approval of multiple cellular projects with a single application within the area lacking adequate cellular service; o Establishing “shot clocks,” for common forms of cellular deployments on State land and rights of way and designate priority corridors; and o Promulgating model permitting ordinance, siting requirements, and master-lease agreements for cellular infrastructure deployments in areas of State without adequate cell service. • As part of this effort to improve cellular coverage statewide, Governor Cuomo will also advance legislation to standardize the permitting of next generation small cell technology on municipal-owned infrastructure. Governor Cuomo will direct the State Cellular Coverage Director to work with other agencies including the Department of Public Service, the New York Power Authority, the Long Island Power Authority,