The Telecommunications Act of 1996: 9 Promises Delivered 9 Promises Due 9 Promises Deferred - Walker and Associates
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Volume XV Issue 2 walkerfirst.com/skinny-wire Insights for ICT Professionals The Telecommunications Act of 1996: 9 Promises Delivered 9 Promises Due 9 Promises Deferred
IN THIS ISSUE . . . My career in telecommunications, and with Walker and Associates, FEATURE ARTICLES began in 1995, just a year before the landmark legislation known as the Telecommunications Act of 1996 was signed into law. I clearly remem- 4 25 Years . . . Time for A Refresh ber its impact as the competitive local exchange company industry By Gary Bolton, Fiber Broadband Association boomed, before going bust only a few years later. Those early years of 6 The Competition Constitution the legislation seemed only a tease of what lay in store for the industry. By Chip Pickering, INCOMPAS Leading the way was the new technology known as VoIP, which would revolutionize communications networks, and usher in the competition 8 The CLEC Crash of 2000 intended by the 1996 act. As its adoption dramatically increased in By Doug Dawson, CCG Consulting the early years of the first decade of the 21st century, it upended the business models of traditional carriers, changed pricing models for 12 Q&A With Mignon Clyburn consumers, and opened the doors for cloud technologies that would By Broadband Communities Magazine later emerge. 14 Delivering on the Promises, 25 Years Later While it is fun to walk down memory lane and play “remember when”, a By John Badal, Sacred Wind Communications more productive direction is looking forward. The Telecom Act of 1996 18 WISPS Prove Telecommunications Act Worked paved the way for us to get where we are. Knowing what we know now, By Staff Writers, WISPA can we catch a glimpse of what may lie ahead? Some of our contributors in this issue might agree. 22 Cullman Electric Powers Gigabit Broadband Speeds By Ciena Chip Pickering, CEO of INCOMPAS and a member of the Telecommunications Act Subcommittee, provides a poignant perspec- 25 25 Years of Change tive in his article on page 6. He was deep in the work of crafting this By Prayson Pate, ADVA landmark legislation, yet he asks the important question “Is our work finished?” It is a valuable read. 27 Let’s Look to the Next 25 and Beyond! By Shirley Bloomfield, NTCA And, the excellent interview between Broadband Communities 30 Utility Broadband Is the New Telco Magazine and Mignon Clyburn that begins on page 12 is a must read. By Brett Kilbourne, UTC Her perspective as a past FCC Commissioner gives her a unique vantage point. Along with INCOMPAS CEO Chip Pickering, Clyburn now leads the 48 Last Mile Open Access Networks: Next Logical Step INCOMPAS BroadLand campaign, focused on making “internet for all” a By Heather Burnett-Gold reality for millions of American families and small businesses, rural and urban, that lack competitive broadband alternatives that bring faster RESOURCE ARTICLES speeds and lower prices. Sounds like a page from the Act itself! 17 Rural Electric Cooperatives: Axis of Community Development Industry leaders from associations such as Fiber Broadband Association, By Juniper Networks Staff NTCA, WISPA and UTC also contributed in this issue, each offering their own take on how the Telecom Act of 96 influenced success and short- 21 A Service Provider’s Guide to the 3 Changes in WiFi comings along the last 25 years. At a time when funding programs for By Charles Cheevers, CommScope broadband expansion have never been higher, it is an important time to assess what worked and what didn’t. Listening to their insight as they 33 Assuring Positioning, Navigation & Timing lobby for their industry segments is an important step. By Ulrich Kohn, ADVA And this issue wouldn’t be complete without paying tribute to a real 34 Building Customer Loyalty With Saas Applications pioneer in our industry, Walker and Associates co-founder, Virginia By KT Mishra, ADTRAN Walker. Virginia passed away June 5, and her 94 years were full of 35 Reaching Remote Subscribers With Advanced Technologies accomplishment. For 51 years she was immersed in the industry, span- ning such milestones as the 1982 divestiture of the Bell System, the By Harmeet Singh, IPG Telecommunications Act of 1996, the rise and fall of the dot com era, 37 Premium Services Are Key and the dawn of a new century. She leaves us richer, better, blessed. By Zyxel Communications Staff Knowing how we got where we are is always an interesting study, and 40 Smart Communities: Building A Connected Future provides insight into how we move forward. It’s been 25 years of adven- By Kara Mullaley, Corning Optical Communications ture. Time to move ahead to more innovation, more competition, more leadership and more success! 47 The Power of Open Optical Networking By Maria Teresa Chamorro, ADVA 54 Technology Evolved: Helping Businesses Grow Randy Turner By Alcatel Lucent Enterprise Staff Editor, Skinny Wire Director, Marketing Communications WALKER NEWS Walker and Associates 336-731-5246 5 Walker Joins Nokia Global Partner Program randy.turner@walkerfirst.com 11 Walker Bids Farewell to Virginia Walker SWEditor@walkerfirst.com 41 Virginia Walker Recognized by Fiber Broadband Association Letters to the editor may be sent to SWEditor@walkerfirst.com. Opinions expressed by contributors and commentators do not Skinny Wire is a bi-annual publication of Walker and Associates, Inc. necessarily reflect the views of Walker and Associates, Inc. “Equal Opportunity/Affirmative Action Employer m/f/d/v” Skinny Wire |Summer 2021| http://www.walkerfirst.com/literature/skinny-wire/ 3
25th Anniversary of The Telecommunications Act of 1996 – Time for A Refresh By Gary Bolton President and CEO Fiber Broadband Association Eighty-seven years ago, President our phone lines to connect our PCs to the their investments were not wasted as Franklin Delano Roosevelt signed the Internet, and thought a whole new world those assets stayed in the ground. XO Communications Act of 1934 into law. was opening up when 56 kbps modems Communications, for example, heav- The 1934 Act provided the legal frame- became available. ily invested in fiber networks and those work for governing communications fiber assets were eventually acquired by in the United States at a time when We have long moved away from the Verizon who built upon that investment. telephone service, both local and long analog PSTN (Public Switched Telephone We also saw the cable industry rapidly distance (to the extent it existed), was Network) to a digital, packet centric re-purpose and rebuild their networks to considered a natural monopoly. With world. Today, voice services (VoIP) are create cable modem broadband services this Act, the Federal Communications just another application on the Internet, during this period, leading to a significant Commission was created, and interstate video calling globally is the norm, and market share advantage for more than telephone service was subject to com- the Internet is not something we “dial-in” two decades. mon carrier rate-based regulation. to, but it has become the fabric of our lives. And high-performance broadband The 1996 Telecom Act spurred massive The monopoly world of telephone ser- connectivity reaches most Americans. investment. Capital investment as a per- vice remained in effect until the 1970s, As we celebrate the 25th anniversary of centage of revenue increased from 21 when MCI and Sprint finally gained entry The Telecommunications Act of 1996, it percent in 1992 to 27 percent in 2001 as a into the long-distance telephone busi- is a good time to look back and reflect result of what the FCC called the virtuous ness. As a result of antitrust litigation, on the significant positive impact this cycle. At that time, Internet traffic was in the early 1980’s, the Bell System was legislation has had on opening up local doubling every 100 days and Wall Street’s broken up, with the seven “Baby Bells” markets and encouraging significant cap- overvaluation of “dotcoms” – spurred in divested from AT&T. And 15 years later, ital investment that has resulted in our part by Worldcom’s fraud -- resulted in a as the Internet emerged in the 1990’s, we networks proving invaluable as we work, severe market correction. While market saw first major overhaul of the 1934 law, learn and live at home during the COVID forces culled out non-sustainable busi- referred to as The Telecommunications emergency. nesses, the fact remains that the open- Act of 1996, which opened local mar- ing of markets and more competition kets and affirmed the FCC’s policy of The ’96 Act required local government resulted in the necessary investment to distinguishing between regulated tele- to let in competition, opening up local build the network we enjoy today. communications services (referred to by markets. As the Act was signed into law, the FCC as “basic services”), and unregu- we witnessed an immediate gold rush The Times Are A-Changin’ lated information services (“enhanced of new market entrants and a wave of But given the very significant changes services”). A lot has happened in the innovation and investment, fueled by the that have occurred in the 25 years since 25 years since the ’96 Act, but it is clear tailwinds created from the emergence of The Telecommunications Act of 1996, that the industry, regulation, and most the Internet. Within 8 years of the Act, now is the time to address the outdated importantly our lives have been changed Verizon announced its plans to invest parts of the Act. And while the networks forever. $18B in deploying fiber optics across its held up well under the real-world “stress nationwide network. The Verizon invest- test” caused by the pandemic, it revealed Back in 1996, our world still revolved ment eventually led to entry by Google how critical a reliable and robust Internet around “plain old telephone service,” Fiber and many other fiber providers is to our lives. Thus, we must set a goal even though the Bell System had been and, and we now have 55M homes that to bring future proof, all fiber networks broken up in 1984. Long distance com- have access to fiber broadband across to all Americans, paving a path for future petition had taken root, but local markets our nation. While we did see the dot.com services, such as smart grid moderniza- were just beginning to open. As the bubble burst in the early 2000’s, result- tion, public safety and 5G. To achieve Internet emerged in the mid-nineties, we ing in a number of CLECs (Competitive this, a new Telecom Act needs to achieve plugged 14.4 Kbps analog modems into Local Exchange Carriers) going bankrupt, the following: 4 Skinny Wire | Summer 2021 | http://www.walkerfirst.com/literature/skinny-wire/
“ . . . we must set a goal to bring future proof, all fiber networks to all Americans, paving a path for future services . . .” 1. We must continue to encourage and most markets have multiple provid- We also should consider how to better facilitate new market entry, which is ers offering advanced telecommuni- integrate privacy, cybersecurity and sup- a key driver to providing choice for cations and broadband service and ply chain considerations into our com- consumers. are open to further entry. And the munications policymaking. 2. We must reduce broadband deploy- flip-flopping, depending on which ment barriers, including by imple- party controls the FCC, to rely on We are long overdue for Congress to menting such policies such as “one such Title II regulatory authority to revisit The Telecommunications Act of touch, make ready”. impose “net neutrality” regulations 1996 and make the necessary chang- 3. We need to get rid of the over- has to come to an end. es that will spur continued investment, hang of Common Carrier Regulation 4. We must support deployment in all innovation and serve all Americans for (structured in 1934 for a monopoly areas that fall on the wrong side of the next twenty-five years. asset) to removed disincentives to the digital divide. investment and innovation. To put it 5. We must aggressively address simply- Common Carrier Regulation Affordability and Adoption with long- is a square peg in a round hole when term solutions. Gary Bolton President and CEO Fiber Broadband Association Gary Bolton serves as president and CEO of the Fiber Broadband Association — the largest trade association in the Americas dedi- cated to all-fiber-optic broadband. With more than three decades in the telecom industry, Bolton joined the Fiber Broadband Association as president and CEO in 2020 after serving on the association’s board as vice chairman, treasurer and vice chairs of public policy and marketing committees. Walker and Associates, Inc. Joins Nokia Global Partner Program to Help Power Utilities Accelerate Digital Transformation Walker and Associates, Inc., announced earlier this year that it GHz) and E-Band (80 GHz), leveraging Nokia Bell Labs innova- had signed a channel partner agreement with Nokia. tion. It gives the maximum efficiency thanks to 100% Carrier Aggregation, including all 5G backhaul use cases across different As a result of this relationship, Walker and Associates will mar- frequency bands. ket and distribute Nokia’s product line of Industrial-grade Private Wireless solutions alongside the industry-leading Wavence™ Gus Vasilakis, Vice President of Marketing, Walker Associates, microwave packet radio portfolio to help utilities be future-ready made the announcement: “Nokia’s leading range of private LTE for new demands and business models. wireless broadband and innovative packet-optical microwave solutions help utilities worldwide to modernize and optimize Based on proven 4.9G/LTE technology and the world's first power grids. Walker is delighted to help our power utility custom- private 5G standalone solution, Nokia Industrial-grade Private ers realize their digital ambitions now and prepare for future grid Wireless is easy to deploy and provides a smooth upgrade path control advancements." to future releases of 5G. Nokia draws on cutting edge platforms and decades of industry experience to support 260+ private wire- Vikas Trehan, Head of Partner Sales – North America, said: “The less networks for customers across a variety of enterprise seg- Nokia Global Partner Program is a key part of our sales force – ments and strengthens our primary route to market for utility opportuni- ties. We are pleased to welcome Walker to our program to help Nokia’s industry-leading Wavence™ microwave packet radio port- drive new growth and develop new customer relationships in the folio provides a best-in-class microwave in traditional bands (6-42 utility market.” Skinny Wire |Summer 2021| http://www.walkerfirst.com/literature/skinny-wire/ 5
The Competition Constitution: How Bipartisanship Defined the Telecom Act of 1996 and Lights the Path to the Future By Chip Pickering CEO INCOMPAS Landmark. Transformative. Forward would make the United States the global petitive auctions, which would help facili- looking. As we celebrate the 25th birth- leader in the technology sector, and build tate the explosion in the wireless market- day of the Telecommunications Act of the greatest economic engine in human place and required competition from the 1996, these are some of the most fre- history. start. Congress leaned on competition quently used words to describe it. policy like interconnection, interoperabil- As a staffer working for Sen. Lott, it was ity and portability, which would come to But one word was, and always will be, at one of the great honors of my life to be define the wireless marketplace, where the top of my ‘96 Act list: bipartisan. hunkered down in those rooms, sur- multiple competitors supercharged inno- rounded by mountains of pizza boxes, vation and lower prices drove massive When I speak with people today— negotiating alongside men and women consumer adoption. Members of Congress, staff, journalists from both parties. We all had differ- or voters—it’s hard for them to wrap ent ideas, but ultimately came together From there, the ‘96 Act negotiations took their heads around the idea of a such around one core goal. shape around the idea of allowing seg- a major, consequential piece of legisla- MAKE COMPETITION THE LAW mented long distance, local phone car- tion passing by overwhelming margins in It was a moment we had been building riers (yes, hard to believe that was a both the House and Senate. toward for a long time. Conservatives like thing) and cable to compete against one myself believed free market principles another. Back then, the idea of creating You have seen the photos from the mag- should guide telecommunications policy. a wholesale marketplace to allow resale nificent Library of Congress with giants We had watched Ronald Reagan success- of services at discounted rates, was a like House Speaker Newt Gingrich and fully break up AT&T. We saw competition unifying proposition. It worked in other Senate Majority Whip Trent Lott, stand- come in and prices go down. A new net- markets, and helped to enable smaller, ing with President Bill Clinton and Vice work, one that would become the back- start-up players to compete on price, President Al Gore, with Clinton holding bone for the internet economy, emerged. customer service and innovation. a digital pen. Keep in mind this was just a few short months removed from a bit- Leading Democrats, like then Rep. Ed And innovation has been key. Because ter federal government shut down that Markey and Rep. Anna Eshoo, with whom when you look at the network innova- divided our nation. It made the moment I would go on to serve alongside in the tions that have reshaped the telecommu- of unity all the more special. House on the Energy and Commerce nications industry–Ethernet, VOIP, cloud Committee, had long championed the and fiber–all those innovations came But to truly understand how the bipar- needs and rights of consumers who had from smaller competitive providers look- tisan compromise was forged, you seen artificially inflated telecom prices ing to shake up the marketplace. have to look deeper to less glamor- hurt consumers and small businesses in ous conference rooms in basements of the pocket book. The Act also included the E-Rate pro- Congressional office buildings, where gram, because Members wisely saw the Members and staff spent countless Moving from monopoly systems to net- benefit of digital education. Wiring all our hours of many months (indeed, several works governed by competition takes schools and libraries has had a transfor- years and Congressional sessions) ham- work. President Ronald Reagan didn’t mative impact on neighborhoods large mering out the details of a roadmap that magically end Ma Bell’s dominance, and and small and helped us prepare our in truth, it’s a fight that continues today. workforce for massive change. Ensuring “ . . . one of the But the legislative conversations that build toward the ‘96 Act started with the that these anchor institutions, and the kids, seniors and families who rely on most important 1992 Cable Act. It allowed and enabled satellite television competition, a move them, always have access to the fastest speeds is critical, and the evolution of the pieces of legislation that shifted us from satellite dishes the size of a barn door to the 12-inch model. E-Rate program has only become more important because of COVID-19. to come out of Competition in television brought more channels, more creative content and Finally, the ‘96 Act also included Section Congress in the more choice. 230, language that ensured that new internet companies would have liability past 50 years. “ Next Congress moved to make more licensed spectrum available through com- protection and the freedom to innovate and grow without fear of legal teams 6 Skinny Wire | Summer 2021 | http://www.walkerfirst.com/literature/skinny-wire/
from giant incumbent players—from all industries including telecom, software, hotel and travel—burying new ideas pieces of legislation to come out of Congress in the past 50 years. “ Competition before they got out of the gate. IS OUR WORK FINISHED? ABSOLUTELY NOT has always been the If you watch the floor speech when the Tens of millions still lack broadband ’96 Act moved through the House and connectivity. Hundreds of millions are Senate, two unifying themes emerge: still being denied competition and cost- Competition and the need for the U.S. to be the global leader in the race for new technology and the jobs it brings. That saving broadband choice – especially at home. And while the United States led the world in the tech space over the cure for is what Senator Fritz Hollings, Senator Larry Pressler, then-Rep. Ed Markey, past quarter century, the race isn’t over. Other nations are investing heavily into complacency.” Rep. Tom Bliley Jr., Rep. John Dingell, tech and building superfast symmetri- Rep. Jack Fields and many others want- cal gigabit speed networks. nation and connect every American to ed—the opportunity for the jobs of the broadband. future to be made in America. And that But competition has always been the is exactly what happened—our technol- cure for complacency. And just as we That is what the bipartisan leaders in ogy sector is the envy of the globe. need to remain vigilant in protecting 1996 were counting on—that we would our constitution and democracy, we continue to put policy above politics, Today, the ‘96 Act is still sturdy and must heed the call of the bipartisan faith in each other and unite around strong, flexible and forward looking. ’96 Act to prioritize competition and our commitment to building a better Independent Senator Angus King called continue to create opportunities for future filled with opportunity for all the Act, one of the most important all innovators from every corner of the Americans. About the Author Chip Pickering has been CEO of INCOMPAS since January 2014. During that time, INCOMPAS has achieved significant growth with leading internet, backbone, business broadband, wireless, and international companies. Under his leadership, INCOMPAS has led numerous public policy campaigns promoting competition through an open internet and in the business broadband market. Pickering was a six-term Congressman representing Mississippi’s Third District. During his time in the House, he served on the Energy & Commerce Committee, where he was vice chairman from 2002 to 2006 and a member of the Telecommunications Subcommittee. He also was co-chairman and founder of the Congressional Wireless Caucus and an assistant minority whip of the House. Previously, Chip worked for Sen. Trent Lott (R-Miss.) and served as a staff member on the Senate Commerce Committee, where he helped shape the Telecommunications Act of 1996. Because of his role in drafting the 1996 Act, he became well known as a Congressional leader on telecommunications issues. While in Congress, Chip served as chair of the subcommittee overseeing the transition to the commercial internet, the establishment of domain names, registries, and internet governance. He also successfully led a bipartisan legislative effort to codify net neutrality principles through the House in 2006. INCOMPAS represents Internet, streaming, communications and technology companies large and small, advocating for laws and policies that promote competition, innovation and economic development. Throughout the year, INCOMPAS also and provides opportunities to learn, grow business and network at annual events, including The 2021 INCOMPAS Show, taking place October 25-27 at The Cosmopolitan in Las Vegas. The act’s legislative history reflects the goal of Congress: “to accelerate the deployment of an advanced capability that will enable subscribers in all parts of the United States to send and receive information in all its forms—voice, data, graphics, and video— over a high-speed switched, interactive, broadband, transmission capability.” Skinny Wire |Summer 2021| http://www.walkerfirst.com/literature/skinny-wire/ 7
The CLEC Crash of 2000 By Doug Dawson President, Founder CCG Consulting 2021 is shaping up to be one of the stood margins to be small and some had DC and Baltimore markets – places they most unusual years in the history of the business plans that planned to eventu- knew well after years of being a Verizon telecom industry between the pandemic, ally build fiber facilities to replace some agent selling to businesses. This CLEC giant grants, and supply chain issues. of the leased telco copper. was pushed by investors to go public But for those who’ve been in the industry and was forced to adopt a business plan for a while, 2000 was also a memorable In the late 1990s, the expansion of CLECs of expanding to almost a dozen mar- year. This article tells a brief story of the turned into an economic craze. The driv- kets within just a few years. Unless the telecom crash of 2000, which shaped the er of the craze was the high stock prices company agreed to the fast expansion it industry for the following two decades. earned by the first few CLECs that went wasn’t going to get funded for serving the public. Part of the reason for the high two markets where it could have been The telecom crash was the eventual cul- valuations was that telecom companies successful. mination of the changes made with the were riding the coattails of the many dot- passage of the Telecommunications Act com web-based companies that were The magnitude of the dot-com and CLEC of 1996. Among other things, this law cre- also going public at the time and gaining craze was mind-boggling. From 1995 ated the new CLEC industry by requiring huge valuations. The high stock prices until March 2000 the NASDAQ grew over the large incumbent telephone compa- and valuations in the industry convinced 400% in total valuation, fueled mostly by nies to sell access to their networks in the investor groups to build a CLEC business these two industries. As happens with all form of unbundled network elements plan to also go public. The expansion overheated industries the reality eventu- (UNEs) and resale. Congress had passed craze quickly grew to be irrational. At one ally caught up with the exuberance. As this law to promote competition in the point I remember counting eight CLECs some of the original dot-com and tele- local telephone business in the same way with published business plans to each com companies started to miss earnings that the divestiture of AT&T had intro- capture a 15% to 20% market share in expectations, the stock market took a duced long-distance competition a few Atlanta. It was becoming quickly obvious pause. In March 2000 the first decline years earlier. to industry insiders that the CLEC growth in stock prices occurred and this quickly craze was impossible and unsustainable. mushroomed into catastrophic losses. As The Act worked better than envisioned. analysts took a harder look at the busi- Within a few years, there were hundreds One issue that drove the craze was ven- ness plans of the dot-coms and the tele- of new CLECs including a few dozen dor financing from vendors like Lucent, com companies, the value of the stocks with large financial backing. It seems Nortel, Cisco, Motorola, and Alcatel. plummeted. that everybody thought they could make These vendors offered large lines of cred- money by selling services over the facili- it to many up-an-coming CLECs to buy As a result of the 20000 crash, some ties of the large telcos. My consulting tens of millions of dollars of electronics. major existing telecom companies like firm was founded in 1997 in reaction to The vendors clearly bought into the craze Worldcom, NorthPoint Communications, the 1996 Act. My math showed that there and were convinced that many of the and Global Crossing failed and closed. was a relatively small margin to be made larger CLECs would be able to meet their Telecom vendors lost huge value with from collocating and selling service over business plans. Within just a few years Cisco stock dropping 86%. Dozens of new telco copper and an even smaller margin there were dozens of CLECs with plans CLECs failed outright. The losses by 2002 from reselling telco services. Yet some- to go public, and the combination of ven- were staggering. Half a million people how, CLECs were finding the funding to dor financing and enthusiastic investors lost jobs. The Dow Jones communica- create giant CLECs that would operate pushed the CLECS forward. The funding tions index lost 86% of its value, the wire- in multiple markets, with the idea that was often irrational. My consulting firm less index lost 89%. The NASDAQ quickly economy of scale would make up for the had one CLEC client that had a solid gave back all of the gains. small margins. Many of the CLECs under- business plan to serve the Washington 8 Skinny Wire | Summer 2021 | http://www.walkerfirst.com/literature/skinny-wire/
The crash affected every aspect of the industry. My consulting firm is a good “The magnitude of the dot-com and CLEC example. CCG Consulting was founded in 1997, directly in response to the 1996 craze was mind-boggling. From 1995 until Act. Our original business plan was to help CLECs get started along with helping March 2000 the NASDAQ grew over 400% carriers open new markets. We got lucky in that we leveraged our familiarity with in total valuation, fueled mostly by these the small telco market to help telephone companies and other small CLECs expand two industries.” into nearby markets. We helped only a few of the high-flying CLECs and no client But there were many negative impacts Anybody that was in the industry at the was more than 5% of our business. At the of the telecom crash. Probably the time of the crash remembers the sense peak of the market, there were probably worst outcome, other than the failure of of doom that hung over the industry. It 100 consulting firms that had hung out a multiple CLECs, was that the big telcos seems that there were negative head- shingle since 1996, including a few that regained control of the industry. The lines almost every day for several years went public along with their CLEC clients. marketing battle between cable modems after March 2000. Companies failed or When the market crashed, our firm had and DSL started in earnest around 2000. declared bankruptcy. Vendors folded or to downsize, but we survived and only It became quickly apparent that cable were forced to merge to keep afloat. a tiny handful of consultants made it technology was going to win the speed The big telcos crowed about their vic- through the 2000 crash. battle, and we’ve seen a migration of tory over the CLECs and began tighten- DSL customers to cable companies ever ing the noose and restricting the ability There was some good news that came since. to compete for the CLECs that somehow out of the telecom boom. Numerous made it through the crash. Since then, companies built middle-mile fiber routes Instead of dozens of hungry CLECs to cable technology has won the broadband during the expansion years, and at compete against the cable companies, battle. I think, however, that the next the time of the crash, the fiber routes the market saw predictable competi- cycle of competition has begun and we’ve between Washington DC and New York tion from the telcos. The idea of real reached the inflection point where fiber City were only at about a 2% utiliza- local competition didn’t resurface until networks will start winning customers tion. The excess fiber went on to sustain a decade later when Google Fiber and back from cable providers. the broadband growth for the next two a handful of municipalities began com- decades and has just recently started to peting with fiber against the duopoly show signs of saturation. providers. Doug Dawson is the President and founder of CCG Consulting – a full-service telecom con- sulting firm with over 1,000 clients since 1997. CCG offers a full range of telecom services including engineering, regulatory compliance, business planning, strategic planning and implementation services. One of Doug’s areas of emphasis is helping clients find financing for network expansion. Doug has worked in the telecom industry since 1978 and has both a consulting and an operational background. Doug writes a daily blog called Pots and Pans by CCG. CONTACT DOUG DAWSON 202.255.7689 blackbean2@ccgcomm.com https://potsandpansbyccg.com/ Skinny Wire |Summer 2021| http://www.walkerfirst.com/literature/skinny-wire/ 9
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Walker Bids Farewell To Its Legendary Co-Founder and Matriarch, Virginia Walker By Randy Turner Director, Marketing Communications Walker and Associates Virginia Walker was always a fixture in company on the belief that associates the company she and her late husband, Chris Walker, co-founded in 1970. During were a cornerstone of success, and that the method of putting the right people in “Virginia’s its earliest days, she managed all back office tasks while he traveled on sales the right places always led to successful customer outcomes. This represented an leadership and calls. His direct work with customers generated plenty of work for her, rang- additional opportunity to connect talent with business objectives as these new determination are ing from managing orders, handling cus- tomer service calls (both inbound and associates rolled into the Walker family. an inspiration to outbound), ensuring delivery of product, bookkeeping, and more. And, she was It was only in 2014, when the company reached its 44th year of business, that all women, and it managing a household that included four young children! They each learned to Virginia made the decision to pass the leadership torch to her youngest daugh- was my pleasure to take on helpful roles as well, doing fil- ing, keeping the office tidy, and learning ter, Chrystie Walker Brown. Virginia turned 88 that year! Even in retirement, honor her . . . “ what it meant to have a family owned she kept in touch with the business, its learned that people will forget what you business. associates, and company business part- said, people will forget what you did, ners. Until the end, she remained a vital but people will never forget how you Following Chris’s death in late 2000, part of the Walker and Associates story. made them feel.” Her son, Mark Walker, Virginia assumed the mantle of CEO, described his mother as “an oasis of leading the company through its dark- In December, 2020, the Fiber Broadband peace.” est days as the telecom industry reeled Association honored Virginia with their from the dot-com bubble burst, indus- annual Chairman’s Award. This award Virginia’s selflessness over the years, her try scandals, the tumult following 9/11, celebrates the outstanding contributions easy connection with people, and her and emergence of new technologies that of individuals in the industry who have strength of character carried her well ushered in dramatic changes. Typical advanced the fiber-to-the-home (FTTH) throughout her 94 years. Even to the of her nature, she jumped right into industry. Katie Espeseth, Vice President of end, she had a genuine way of prioritiz- the work at hand, made sure associates New Products, EPB and Fiber Broadband ing others above herself. Her gifts of knew they had the support and resourc- Association Board Chair stated “Virginia’s goodness and grace will be remembered es needed to be successful, attended leadership and determination are an by family, friends, associates, business industry events, communicated with the inspiration to all women, and it was my partners, caregivers, and anyone blessed company about progress and strategies, pleasure to honor her at this forum.” to have been a beneficiary of her deep- and connected with the supplier base to rooted belief that dignity is a gift we all demonstrate steadiness at the helm. Her The company came together Monday, have the power to bestow on others. younger son, Mark Walker had already June 15, to celebrate her memory, joined assumed the role of company president, by Virginia’s children and grandchildren. A memorial video is available and his siblings, Rick, Laura, and Chrystie It was a beautiful tribute and a special at https://www.youtube.com/ remained involved as Virginia kept the time of reflection. Current and past asso- watch?v=mJGc7501IWM&t=21s course to see the company return to sta- ciates paid tribute to her leadership, her bility alongside the industry. kindness and her legacy. She will always In lieu of flowers, memorials may be be remembered for her contributions, directed to Trellis Supportive Care, 101 In 2009, under Virginia’s leadership as but she will be most revered for the qual- Hospice Lane, Winston-Salem, NC 27103. CEO, the company acquired the non- ity of life she lived. affiliate operating assets of Windstream Supply, scoring not only increased mar- In her comments, Chrystie Brown quoted ketshare in the company’s selected mar- poet May Angelou as a testament of her kets, but by also onboarding valuable mother’s commitment to honoring those talent. Virginia and Chris had built the with whom she came in contact: “I’ve Skinny Wire |Summer 2021| http://www.walkerfirst.com/literature/skinny-wire/ 11
Q&A with Mignon Clyburn: On How the 1996 Telecom Act Unleashed a New Era of Competition Former FCC Commissioner Mignon what the mobile broadband space has Clyburn has had a long history as a done. It has opened the doors of oppor- champion of telecom competition. tunity. This includes everything from my During her FCC tenure, she was a pro- nine-year-old niece, who can recite half ponent of key broadband measures, the songs on TikTok, to how I embar- are not. Hindsight is 20/20. There are such as net neutrality, pole attachment rassed my father, James Clyburn (House some players that might say that they reform, municipal broadband and tele- Majority Whip (D-S.C.), via social media would have loved a few more guardrails health. Along with INCOMPAS CEO Chip when I uploaded him in front of a bar- here and there. Just looking through Pickering, a former Republican member beque grill. He is not known for grilling. today’s lens, there are local leaders and of Congress from Mississippi, Clyburn entrepreneurs who say they want more now leads the INCOMPAS BroadLand If you think about what the world looked protections here or there. Also, I would campaign, focused on making “internet like 25 years ago, a lot of these things say that The Telecom Act in and of itself for all” a reality for millions of American were not possible. The Telecom Act has was very enabling. It did not assume that families and small businesses, rural and opened incredible windows of opportu- this would be a one-size-fits-all experi- urban, that lack competitive broadband nity for big players, but also for smaller ence by way of technology or by way of alternatives that bring faster speeds and players who are now big players. When community interest. There still are tre- lower prices. we think about the big names we knew mendous opportunities for us to tailor back then, they were household words. via regulatory next steps, public-private While the BroadLand campaign is new, But I didn’t post the video of my dad grill- partnership (P3) opportunities, and com- its genesis can be traced to the landmark ing on any of those players’ platforms. munity empowerment. 1996 Telecom Act, which celebrated its That video now has 80,000 views. I use 25th anniversary earlier this year. Clyburn that homegrown example to show that If you were to force me to say one reflected on how the 1996 Telecom Act the baton has been passed to other play- word about the Telecom Act other than provided a template to enable competi- ers. It has enabled access to other oppor- competition, I would say: unleash. It tion and new innovations. tunities and access to new information. unleashed boundless opportunities. It allowed and enabled us to face several Broadband Communities had the oppor- We now have access to people, no mat- challenges. I think if you were to look at tunity to speak with Clyburn shortly after ter where they are or whether they have that scale, it has done way more positive INCOMPAS announced the formation of the same or similar platforms and con- by enabling next steps. We would have the BroadLand initiative. Following are nections. This is a U.S. milestone, but not had conversations about broadband highlights of the conversation. we can’t ignore that the Telecom Act or the digital divide if it wasn’t for this recalibrated what the world that knows legislation. There are very few perfects. Broadband Communities: The today. The Telecom Act had international I am sure there are some, but the 1996 Telecommunications Act of 1996 became ramifications that we’re continuing to Telecom Act has enabled us to be our law in February 1996. Now that we build upon and continuing to modify better selves and have access to better reached the 25th anniversary earlier this in ways to make sure the opportuni- opportunities. It is a valid question, but I year, what has it meant for the commu- ties before us are more widespread and think the mystery behind it all is the chal- nications industry? And what are lessons more ubiquitous. Though it has opened lenge and opportunity. from the last 25 years that can inform the some doors, there are some doors still next generation? stuck in some parts of this country. We’re BBC: One of the key provisions of the act forced in real time to reflect and say, was the E-Rate program. Though E-Rate Mignon Clyburn: When you talk about “Did this do exactly what we wanted it to offers funding to bring connectivity to the significance of this silver anniversary, do?” The answer is yes, but then there’s a schools, students still struggle with little I would sum it up in one word: competi- “but” behind that. This is why INCOMPAS or no connectivity at home. What can be tion. It made competition the law. It has embarked on the BroadLand initiative. done to help bridge the homework gap? kept a promise to consumers and busi- nesses that there will be more choices BBC: Did the Telecom Act drive new MC: No one is going to fix it all. E-Rate, going forward, better customer service, competitors in the telecom market? What the Emergency Connectivity Fund (ECF) lower prices and access to innovation. could have been done better? and other reforms that we have seen The Telecom Act of 1996 codified the since the Telecom Act at the FCC have commitment to lead the world in net- MC: It’s always easy to ask that question. paved a way for us to learn more and see work growth to give consumers an over- I always say bills are snapshots in time. the benefits of investing more. Just think all better experience. People look at lawmakers as if they’re about if we did not launch the Telecom genies and they are not. They look at Act of 1996, would we have seen and Let’s look at what has happened. Look at laws as if they are all powerful and they planted those seeds of more opportuni- 12 Skinny Wire | Summer 2021 | http://www.walkerfirst.com/literature/skinny-wire/
“We would have not had conversations about broadband or the digital divide if it wasn’t for this legislation. There are very few perfects. I am sure there are some, but the 1996 Telecom Act has enabled us to be our better selves and have access to better opportunities.” ties via these programs? Would we have as what’s needed in Los Angeles, for nerships (P3s). While there are various been at the point where we could say, example. methods to structure those between pro- ‘Look at what’s worked and what we still vider and community, how could P3s get need?’ I don’t think there would not have What we are seeing now is an emphasis broadband into more households and been an Emergency Connectivity Fund, on empowering, enabling and encourag- businesses? or at least not in its current form if we ing public-private partnerships. What we did not set up a template when it comes do know is that no matter what the fund- MC: Public and private partnerships are to that. ing apparatus is or what is budgeted, drawing attention to areas that have we’re not going to be able to fix it all been attempting to heal themselves. Snapshots in time are good and allow us through an appropriation model. We’re When I talk about different positions to plant the seeds of possibility and to not going to be able to identify it all from being off the table, it has enabled all of keep building. Regardless of who came Washington, D.C., so these local leader- us to see more potential and do things up with the phrase “Build Back Better,” it ship partnerships are important. together. I think there were some busi- is a motivational North Star not because nesses that wanted to serve – including of the politics, but because of the oppor- We see it in Los Angeles, which is work- members of INCOMPAS – but there were tunities and the potential. It recognizes ing with Microsoft and Starry, to look at barriers in place. that the foundation was a solid one. what’s going with low-income housing units. There are communities that want to do We need to meet the needs of children more things, but there were real or per- and seniors – we’re talking about contin- We talk about broadband for all. We all ceived barriers in place. With all of us ual learners and people who need con- recognize that broadband not only fuels having our lenses either recalibrated or tinual access to health care. Also, there’s opportunities by way of providing more adjusted, I think you’re going to see more a need for businesses to be able to apply access for children, but also for seniors. P3s. The reason is because there are for funding online. We’re building from Thinking about my twilight years, this is members, such as those in INCOMPAS, the Telecom Act and hopefully subse- empowering for me. that have the expertise and the where- quent acts and subsequent programs withal, but they need more of the other will continually do it better. I give credit The 1996 Telecom Act will continue to element to make it to scale, affordable to the George H.W. Bush administration’s be the compass in terms of competition, and accessible. “Points of Light” concept. When we speak partnerships and opportunities. There about what the times call for, I think the are too many places in South Carolina Because of what we’re seeing in Congress ’96 Act was an incredible opportunity for that lack sufficient broadband. I have and because of what was birthed through us to see what’s possible through legis- been to these communities. When I first the Telecom Act, more of us see that we lation, recognizing that businesses are got on the FCC, I could not come home can do this in a collaborative way and organic partners. At the end of the day, without someone telling me, ‘We need do it more efficiently, quickly and less it’s about improving subsequent genera- broadband.’ Too many people don’t have expensively. There will be a growth of tions in terms of access to opportunities. access because affordability is an issue. P3s in ways and forms that we did not We can’t ignore that. see before. That’s another reason why I BBC: Are there incentives the FCC could am so positive working on the INCOMPAS provide to help providers extend ser- The “build it, they will come” mentality BroadLand initiative. vices to homes to support a hybrid or must be accompanied with the other bar- all-remote learning environment? riers to access. We must build networks Two to three years ago, the support for efficiently, but providing access to the P3s was not there. Now we’re having MC: One of the things you are seeing infrastructure via affordable platforms fewer arguments about what communi- and hearing is that no two communi- and services is important, too. We have ties need. I am not going to argue over ties are the same. Communities have a chance to right the wrongs of the what speed is what, but I know that it’s different needs and the ability to have past and an opportunity to build a bet- not sufficient. If grandma is talking to her tailored solutions is critical. Though we ter future. That is what is I am seeing. medical provider, a third grader is doing need to write a prescription, we must I have never been more positive about homework and a parent is attempting to always know that what I need in the the series of next steps in my 19 years of reskill, that’s a lot of bandwidth demand not-so-affluent community in Columbia, regulatory experience. We’re not debat- in that home that – especially if they are South Carolina, is not what’s needed 20 ing the basics. That’s why I remain posi- income-challenged – they don’t have. miles up the road in the same county, tive and why I am part of the BroadLand Finally, we’re seeing how we can get the where there are even more significant campaign. speeds and infrastructure that house- challenges. The things that I need here hold needs. are not the same, nor are they the same BBC: You mentioned public-private part- Cont’d on page 45 Skinny Wire |Summer 2021| http://www.walkerfirst.com/literature/skinny-wire/ 13
Sacred Wind Communications: Delivering on the Promises 25 Years Later By John Badal CEO Sacred Wind Communications Sacred Wind Communications, Inc. is to the pandemic, let’s look back at the vices and pricing should be comparable one of the newest Rural Local Exchange telecommunications landscape of those in rural areas to those of urban areas.2 Carriers (RLEC) in the country, found- times. ed in 2006, and one of around 2,500 Unfortunately for many rural custom- Internet providers doing business in The Internet, originally a creation of the ers, there was no indication in the Act the U.S. Operating a regulated phone Defense Advanced Research Projects of how they were to receive comparable company while providing unregulated Agency (DARPA), would have remained access to advanced services at compara- (of sorts) broadband service through an an interesting laboratory experiment ble rates. Rural areas, especially those of affiliate has been a privilege while a feat between universities without the nearly the Bell Operating Companies, just had not meant for those adverse to change. ubiquitous fiber routes that had been to wait as competition and new services Using an interwoven mix of fiber, cop- awaiting the World Wide Web. The accel- exploded in the late 1990s, benefitting per and fixed wireless systems atop an erated growth of fiber in the U.S. was large and medium sized markets. In IP platform, the company was able to a direct result of the competition for hindsight, our policymakers should have extend voice and broadband service to long distance markets led by MCI and constructed a better path to comparable over 3,000 square miles of Navajo tribal Sprint against the AT&T monopoly. From service access in rural areas by creat- lands in New Mexico that were virtually a rural telecommunications company’s ing financial incentives to have RLECs unserved. Such are the benefits of oper- perspective, that competition, leading to acquire neighboring unserved rural ating a diversified and scalable network, the breakup of Ma Bell, and culminating areas. By way of USDA low interest loans, its customers found Sacred Wind ready in the Telecommunications Act of 1996, FCC Universal Service Fund support, and for the Covid-19 pandemic, and tribal blew the doors off of business as usual. a special dedication to properly serve and local governmental jurisdictions out- Not that there was any mention of RLECs their rural communities the RLECs knew side of its operating territory are cur- or any kind of a road map toward rural how to reach underserved areas. But, rently seeking its counsel. information services in the Act. On the outside the Act and concurrent with the contrary, entire sections of the Act were larger market dynamics stimulated by On the 25th anniversary of the passage dedicated to the Bell companies’ leasing the Act, the FCC had begun to freeze the of the Telecommunications Act of 1996, of unbundled network elements in com- creation of new “study areas”, which dis- one might ask whether the impact of the petitive markets and entry into manu- incentivized the very rural service prob- Covid-19 pandemic on the world would facturing, creation of eligible telecom- lem solvers (the RLECs) from providing have been worse without the Act. Or, for munications carriers, and provisions to their network solutions to areas beyond that matter, would the medical remedies stimulate competition. There are essen- their own service territories. for the virus have been discovered so tially only two components in the Act that quickly without the information and com- signaled to the RLECs safeguards or even Change came to rural areas, therefore, munications infrastructures that were growth for rural carriers: the first, an more as an indirect than a direct con- enabled by the Act? But, before those assurance that the principle of Universal sequence of the Act, driven by the very members of the 1995-1996 Congress Service would be maintained1, and the technological advancements in our take credit for the world’s quick response second, a mandate that advanced ser- industry that spurred the breakup of 1 Section 254.(b).(4) “EQUITABLE AND NONDISCRIMINATORY CONTRIBUTIONS.—All providers of telecommunications services should make an equitable and non- discriminatory contribution to the preservation and advancement of universal service.” 2 Section 254.(b).(3) “Consumers in all regions of the Nation, including low-income consumers and those in rural, insular, and high cost areas, should have access to telecommunications and information services, including interexchange services and advanced telecommunications and information services, that are reasonably comparable to those services provided in urban areas and that are available at rates that are reasonably comparable to rates charged for similar services in urban areas.” 14 Skinny Wire | Summer 2021 | http://www.walkerfirst.com/literature/skinny-wire/
AT&T, that mandated equitable ratemak- ing in rural areas (which was structur- “With less than thirty percent of Navajo ally incongruent for the Bell Companies), and then was further aggravated by the households accessible to even voice FCC’s adoption of new Universal Service Funding (USF) mechanisms intended services Sacred Wind had to build an to promote competition. For example, mobile wireless telephony, exploding at entirely new infrastructure and one first as a supplemental, not replacement, service in the 1980s, spread slowly in designed for Internet capacity carried over rural areas, but the impact of the FCC’s inclusion of mobile service in its USF one of the largest fiber to fixed wireless funding programs began to change the math behind the rural carriers’ financial networks in the country.” model. It wasn’t long before mobility, fol- lowed soon after by the thing called the Internet, upended traditional consumer behavior and the entire telecommuni- cations and information industries. In some areas, including many tribal lands in the U.S., though, change didn’t arrive. In the face of the inadequacy of techno- logically-driven opportunity in the more remote rural areas of New Mexico, Sacred Wind Communications was created, but only after months of discussions and negotiations with carriers responsible for underserved areas in the state, followed by a two-year state regulatory process, and a, thankfully, shorter FCC proceeding involving waiver petitions from FCC rules that discouraged such new acquisitions of underserved exchanges. With less than thirty percent of Navajo households accessible to even voice ser- school districts contacted Sacred Wind and to reach other parts of New Mexico vices Sacred Wind had to build an entirely with requests for service for hundreds using a combination of USDA, state and new infrastructure and one designed for of students’ homes in northwest New company resources. The innovative Internet capacity carried over one of the Mexico lacking broadband service. Over company continues to be at the center of largest fiber to fixed wireless networks in the next several months the schools broadband development discussions at the country. Sacred Wind’s network was and Sacred Wind formed a collaboration the state legislature and among execu- designed to be expandable and scalable, unlike any experienced by a traditional tive offices as New Mexico has recently configured for continued microwave telecom company, sharing and compar- established a broadband office and is expansion to reach additional unserved ing network maps with student locations, working to develop a three-year plan to areas and supported by high capacity planning WiFi hotspots and temporary cover the entire state. fiber routes to ensure compliance with tower installations, and drafting distance At 25 years, the Telecommunications Act ever increasing customer demand and learning grant applications. is more than a bit geriatric. Technology FCC requirements. It was that design continues to make it so. The advanced that enabled the company to answer a It is that expandable design that has information services referenced in the new demand for service in March, 2020. enabled Sacred Wind to successfully bid Act are known today by other names and The superintendents of three separate for unserved areas in two FCC auctions are seen in different forms. 5G wireless, Cont’d on page 45 Mr. Badal is a co-founder of Sacred Wind Prior to his employment with Qwest he was a regional director of governmen- Communications and is the CEO and Chairman tal affairs for AT&T until his retirement in 1998, when he began a consulting of the Board. He served as President for Qwest business, Border States Policy Group. His company helped develop telecom- Communications in New Mexico from August munications policy for governmental jurisdictions in New Mexico and Arizona 2000 to October 2004. He left Qwest specifically and specialized in promoting and designing wireless broadband systems for to resolve the “IT Divide” issues facing the Navajo rural areas. reservation and other tribal areas. Sacred Wind Communications has been in existence for over He received his undergraduate and Master’s degrees from Temple University, thirteen years, and has received four awards: in 2007, the NM Internet Philadelphia and conducted doctoral research under a Fulbright Grant in Professionals Association’s Industry Innovation Award; in 2009, it was voted in Peru from 1974-75. He speaks 3 languages fluently and is somewhat conver- a national American Express/NBC Universal “Shine A Light” contest “The Most sant in Quechua and French, and is learning Navajo. Inspiring Small Business in America;” in 2012, the New Mexico Excellence Award; and in 2016, the Best Telecommunications Consulting Business in He served in the U.S. Army’s 8th Special Forces Group in Panama, trained in Albuquerque. radio communications and combat engineering. He is married and has four children and four grandchildren. Skinny Wire |Summer 2021| http://www.walkerfirst.com/literature/skinny-wire/ 15
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