Q. Who is NextG Networks?
Q. What kind of service does NextG provide?
Q. What is NextG asking of the City?
Q. What information can I require from NextG?
Q. Am I permitted to impose restrictions on NextG's use of the public rights of way?
Q. Can the City regulate NextG's activities as a telecommunications provider in the public rights-of-way?
Q. Am I required to treat NextG in the same way as the City treats the incumbent local telephone company?
Q. Since NextG operates as a commonl-host provider, who will own the equipment utilized in NextG's network, and what effect does that have on NextG's rights?
Q. What are the consequences for the City if it fails to respond to NextG's application or restricts its right to provide its services?
Q. Has NextG been certified by my State to provide telecommunications services?
Q. Is NextG a wireless provider?
Q. What facilities does NextG need to install to provide service in our community?
Q. Will NextG use existing utility poles?
Q. Will NextG need to install any new poles of its own?
Q. What are the benefits from NextG's entry into our community?
Q. What are NextG's rights under Federal law?
Q. Are harmful radio-frequency emissions an issue with the equipment related to NextG?s service?

Q. Who is NextG Networks?
A. NextG Networks is a next-generation communications company that provides managed RF transport and backhaul services to wireless communications carriers, including mobile network carriers and public wLAN carriers. NextG's innovative and cost-effective RF-over-Fiber transport solution enables wireless carriers to expand their coverage and/or capacity throughout metropolitan regions and in dense urban and isolated suburban areas. NextG Networks is headquartered in Milpitas, California, and operates regional subsidiaries throughout the United States.
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Q. What kind of service does NextG provide?
A. NextG provides telecommunications services. Specifically, it carries voice and data traffic handed off to it by wireless providers (such as cellular and PCS). It carries that traffic via its fiber optic lines from antennas located on utility and/or street light poles to a central switching-like location, and from there, either back to another antenna or out to the public switched telephone network or the Internet.
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Q. What is NextG asking of the City?
A. NextG is applying for the right to construct, operate, manage, and maintain a telecommunications network in the public ways of the City in compliance with the City's ordinances and permitting requirements in order to serve its wireless customers and to improve wireless coverage and capacity in the City. To that end NextG may have submitted a proposed form of right-of-way use agreement that asks for the following:

Q. What information can I require from NextG?
A. Local authorities may only request information directly related to NextG's physical construction in and occupation of the public rights of way. Local authorities are prohibited from inquiring into the legal, technical, or financial qualifications of NextG or other matters unnecessary for the local authority's ability to oversee NextG's construction and manage the public rights of way.
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Q. Am I permitted to impose restrictions on NextG's use of the public rights of way?
A. Local authorities are permitted only to manage NextG's construction and physical occupation of the public rights of way. This has been held to include matters such as requiring insurance or bonds and imposing standard construction, permitting and safety regulations. This authority has also been described as extending to the" time and manner" of construction.
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Q. Can the City regulate NextG's activities as a telecommunications provider in the public rights-of-way?
A. No. Section 253 of the Communications Act of 1934 prohibits local authorities from regulating the provision of telecommunications services.
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Q. Am I required to treat NextG in the same way as the City treats the incumbent local telephone company?
A. Yes. Local authorities must treat competitive providers, like NextG, in a competitively-neutral and non-discriminatory manner. As a result, local authorities cannot impose on NextG requirements or fees that are not imposed on the incumbent Bell Company.
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Q. Since NextG operates as a common-host provider, who will own the equipment utilized in NextG's network, and what effect does that have on NextG's rights?
A. NextG will own the fiber over which it provides RF Transport Services in all cases. The optical repeaters and antennas may be owned by either NextG or its carrier customers; however, in all cases the optical repeaters and antennas will incorporated into the NextG network, even if title remains with the customer. NextG's telephone line includes all facilities that are not only owned by NextG, but also those controlled, operated, or managed by NextG. Because under its tariff and agreements NextG will operate, manage, maintain, or control all equipment incorporated into its network, including the optical repeaters and antennas, those facilities are part of NextG's network and accorded the same rights as the rest of NextG's network facilities. NextG offers its RF Transport Services to its customers under tariff pursuant to network services agreements whereby NextG will operate, manage, maintain, or control all equipment incorporated into its network, including the optical repeaters and antennas. This is a new model that NextG is pioneering and with which the City may not be familiar. Thus, although title to certain equipment may remain with NextG's customer in a particular installation, that equipment will nonetheless constitute a part of NextG's network and may also remain part of the customer's larger wireless network in an "overlapping circles" architecture. In all cases, permit applications will be submitted either solely by NextG or jointly with its customer, and NextG will be responsible to the City under the applicable permit in all cases.

NextG owns several patents that are used in this type of network and in RF transport that allows NextG to offer this business model; and NextG retains all of the rights associated with holding these patents.
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Q. What are the consequences for the City if it fails to respond to NextG's application or restricts its right to provide its services?
A. Local authorities may be liable to NextG for damages under federal law if they exceed their limited authority under law, unreasonably delay their response, or interfere with NextG's right to provide telecommunications services.
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Q. Has NextG been certified by my State to provide telecommunications services?
A. A list of NextG's state certifications is on our Regulatory Affairs page.

Q. Is NextG a wireless provider?
A. No. NextG is not licensed to provide wireless services and does not control any wireless spectrum. NextG is a "carrier's carrier" whose customers are wireless providers.
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Q. What facilities does NextG need to install to provide service in our community?
A. NextG provides its service with a combination of fiber optic lines connected to small wireless antennas, optical repeaters, and associated equipment using its patented technology. Thus, it must generally install a certain amount of fiber optic cable, either underground or on existing utility poles. In addition, it must install small wireless antennas and associated equipment on utility poles and/or streetlight poles, typically located in the public rights of way. When possible and appropriate, NextG may lease capacity on existing fiber optic facilities owned by the City or other providers, thus diminishing the physical impact of NextG's installation.
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Q. Will NextG use existing utility poles?
A. NextG will generally seek to collocate its facilities on existing utility or streetlight poles, typically located in the public rights of way. To the extent that it will be using privately-owned utility poles, NextG has entered into (or is in the process of entering into) any necessary pole attachment agreements. The federal Pole Attachment Act governs the rates, terms, and conditions that private utility pole owners may impose on NextG's access to such poles.
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Q. Will NextG need to install any new poles of its own?
A. Generally, no; however, if there is no available infrastructure, or if the City does not wish to allow NextG to attach to its streetlight or traffic poles, NextG may need to install its own utility poles. In such cases, NextG will comply with all lawful local regulations governing such installations.
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Q. What are the benefits from NextG's entry into our community?
A. First, NextG's facilities and services are less burdensome or intrusive than traditional cell towers. Where wireless providers have traditionally relied on very large towers or monopoles, NextG's service uses fiber optics and small, unobtrusive antennas located on existing utility and/or streetlight poles.

Second, NextG's service allows the wireless carriers to expand the coverage of wireless services, with less intrusive facilities. Traditional wireless technologies have suffered from "dead spots" and bandwidth capacity limitations. NextG's combination of fiber optics and lower antennas helps wireless providers eliminate dead spots and increase bandwidth needed for emerging and future services.

Third, NextG introduces competition that will help provide more service choices and more competitive prices for consumers.

Fourth, NextG network operations will provide revenue to the City under the proposed agreement.
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Q. What are NextG's rights under Federal law?
A. Section 253 of the Communications Act of 1934 grants NextG the right to provide telecommunications services and prohibits municipalities from imposing requirements that prevent NextG from providing telecommunications services or that "have the effect of prohibiting" NextG from providing telecommunications services. Recent court decisions applying Section 253 have held that any municipal requirement that "materially inhibits" NextG's ability to compete is pre-empted. This includes imposing on NextG requirements such as fees or franchises that are not imposed on the incumbent telephone company. Ultimately, municipalities may not exercise discretion over whether NextG can access the public rights of way and provide service.

Section 253 reserves for municipalities only the authority to manage NextG's physical occupation of the public rights of way (i.e., construction, permitting and safety issues). NextG complies with all applicable and lawful local permitting requirements concerning construction in the public rights of way.
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Q. Are harmful radio-frequency emissions an issue with the equipment related to NextG's service?
A. No. The wireless antennas associated with NextG's service produce RF radiation at levels 50 - 100 times below the FCC's permitted maximums for general-population, uncontrolled exposures, which are conservatively low. Indeed, the facilities associated with NextG's services are "categorically excluded" from the FCC's requirement for routine environmental compliance testing for RF exposure.
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