The Telecommunications Act of 1996: 9 Promises Delivered 9 Promises Due 9 Promises Deferred - Walker and Associates

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The Telecommunications Act of 1996: 9 Promises Delivered 9 Promises Due 9 Promises Deferred - Walker and Associates
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
The Telecommunications Act of 1996: 9 Promises Delivered 9 Promises Due 9 Promises Deferred - Walker and Associates
2   Skinny Wire | Summer 2021 | http://www.walkerfirst.com/literature/skinny-wire/
The Telecommunications Act of 1996: 9 Promises Delivered 9 Promises Due 9 Promises Deferred - Walker and Associates
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
The Telecommunications Act of 1996: 9 Promises Delivered 9 Promises Due 9 Promises Deferred - Walker and Associates
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/
The Telecommunications Act of 1996: 9 Promises Delivered 9 Promises Due 9 Promises Deferred - Walker and Associates
“ . . . 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 Telecommunications Act of 1996: 9 Promises Delivered 9 Promises Due 9 Promises Deferred - Walker and Associates
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

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The Telecommunications Act of 1996: 9 Promises Delivered 9 Promises Due 9 Promises Deferred - Walker and Associates
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.”

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The Telecommunications Act of 1996: 9 Promises Delivered 9 Promises Due 9 Promises Deferred - Walker and Associates
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

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The Telecommunications Act of 1996: 9 Promises Delivered 9 Promises Due 9 Promises Deferred - Walker and Associates
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
The Telecommunications Act of 1996: 9 Promises Delivered 9 Promises Due 9 Promises Deferred - Walker and Associates
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10        Skinny Wire | Summer 2021 | http://www.walkerfirst.com/literature/skinny-wire/
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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