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Will This Signal Be Televised? ‘Retransmission Consent’ Unscrambled At Breakfast Panel Of Broadcasters, Cable Industry and Public Interest Reps

WASHINGTON, June 11, 2010 – If you missed Broadbandbreakfast.com’s panel session on retransmission consent fees, here’s your chance to catch up and re-examine the issues in a complex debate that’s been controversial since the enactment of the regime in the 1992 Cable Act.

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WASHINGTON, June 11, 2010 – If you missed Broadbandbreakfast.com’s panel session on retransmission consent fees, here’s your chance to catch up and re-examine the issues in a complex debate that’s been controversial since the enactment of the regime in the 1992 Cable Act.

Top-level industry executives from the worlds of cable and broadcasting sparred Tuesday morning over the question of whether the Federal Communications Commission needs to revise the rules governing how retransmission consent fees are negotiated between broadcasters and video distributors such as cable and satellite networks.

The fees are a form of compensation either in cash — or some other non-cash deal — that the video distributors (MVPDs) pay for broadcasters’ programming.

Early this March, a coalition of 14 entities that include the American Cable Association, Cablevision, Charter Communications, DIRECTV, Dish Network, Public Knowledge, The New America Foundation, Time Warner Cable, and Verizon petitioned the FCC to change the rules.

The group wants the FCC to allow distributors to carry the broadcasters’ signals on an interim basis during negotiations, even if contracts have expired. They also want the FCC to step in to arbitrate if the two sides cannot arrive at a new agreement, which must be re-negotiated every three years.

The petitioners argue that these steps would prevent the showdowns that can lead to service interruptions for consumers at critical television viewing moments, such as the Oscars and during sporting events.

To help you make the most of the video, below is a cheat-sheet and notes on what was discussed when during the panel so that you can fast forward to the most relevant part to you.

2.11 min — Quick summary of the legislative and factual background of the retransmission consent fee controversy between video distributors  (cable and satellite companies) and the broadcasting industry.

8.15 min — Panelists start to introduce themselves and to state their company’s position in the debate.

8.30 min Fernando Laguarda, vice president, external affairs and policy counselor, Time Warner Cable:  “Time Warner Cable is here as one of the petitioners … who’s interested in fixing what we and a whole other coalition of video distributors and other public interest groups believe are the problems with the retransmission consent framework.

The problems are evidenced by broadcaster tactics that lead to brinkmanship, and threats of blackouts and actual blackouts in the service that is provided to consumers — who are otherwise entitled to receive broadcast programming in the marketplace.

9.40 min Chad E. Gutstein, executive vice president, Ovation: “We support a reform of the retransmission consent regime because we believe that having independent voices in the media landscape is a public interest, and without a reform of the retransmission consent regime that this interest is threatened.”

11.07 — Antoinette “Toni” Cook Bush, partner, communications and legislative matters, Skadden Arps, representing the four television networks in the proceeding. Worked on the Senate Commerce Committee between 1987 and 1992 when Congress debated and enacted the Cable Act:  “At the time, Congress did expressly intend for broadcasters to have the right to charge for their signal, or to negotiate just like any other programmer for carriage on their system.”

13 min — Matt Polka, President & CEO, American Cable Association: “We as small companies pay more [for broadcaster programming] simply because we are smaller, and that impacts the ability of our companies to provide advanced services to our customers, services that they want — particularly today when we talk about broadband.”

16 min — John K. Hane, counsel, communications practice group, Pillsbury, [representing broadcasters:]… the MVPD business is rapidly maturing, it’s at 90 percent. “Retrans” is one of the many ways that MVPD providers are looking for growth to deliver to their investors. … “Retrans” is great because it attacks two avenues of growth. If successful, you can lower your prices, and you can also devalue the free option … which leads to migration of programming to the pay platform …

19.00 — Michael Calabrese,
Vice President, New America Foundation Director of the Wireless Future Program: (joined the petition to revising the retransmission consent rules:) “We have this position for two primary reasons — first, the actual consumer harm, … the disruption of consumer programming, particularly programming that’s freighted with public interest value, such as news, weather, emergency alerts and public affairs programming, and the upward pressure on cable prices and the negative effect on broadband adoption, because so many families are taking broadband because of the marginal cost as part of the bundle with cable TV, and high switching costs even if there is general competition in the MVPD marketplace.

The second is that we see huge public subsidies  in exchange for transmitting a primary video stream over the air [for free] … in exchange for transmitting [public interest programming for free to consumers.]

… imagine if the federal government had built out the networks for the cable and telco companies — we’d probably expect something in return. They also receive must-carry, which means that th threat of a black-out in programming is not reciprocal, and exclusive distribution rights in a local market, so if an MVPD cannot reach an agreement with one Fox affiliate, they can’t go and get a substitute signal from another market, because Congress has tilted the playing field.”

22 min — Panelists discuss the relationship between retransmission consent fees, video distributor package pricing, and the nature of competition in the video distributor and broadcast marketplace.

38 min — Ovation’s Gutstein argues that the current structure of the marketplace is squeezing out independent programmers, such as Ovation’s arts and culture programming. He says that Ovation has been refused carriage from MVPDs because of their retransmission agreements with broadcasters.

Gutstein: “Have the retransmission consent fees being paid been specifically talked about as a reason for reducing programming fees, or reducing carriage? Absoulutely. … this is not theoretical.”

41 min –Cook Bush: ” … when retransmission consent first kicked in, the united response of the cable industry was: ‘we’ll never pay broadcasters a nickle for their programming’ …  there was this concerted effort, but all of a sudden, when competition developed,  as the marketplace changed, and the proliferation of cable programming dramatically increased,  once broadcasters put their foot down, and said: ‘You are going to pay us,’ all of a sudden, it’s [deemed] not fair.

Basically, the argument is that people who have popular programming shouldn’t be able to negotiate, that there should be some sort of harness put on them ...”

43 min — Polka: Nobody is arguing about the ability to negotiate. It’s about “negotiating in a legitimate market.”

47 min — Hane argues that MVPDs can simply drop network programming to try and distinguish themselves with lower pricing in the marketplace, and pick up more subscribers.

CBS has great programming. It’s a great network. It’s a national brand, but it’s not essential. We can all live without it.  It’s not an essential input to an MVPD.”

48 min — Laguarda: I find it remarkable that the broadcast argument is that the product is either worthless, or comparable to garbage, or that it’s unnecessary, and it has no value. I think that the marketplace … “

Cook Bush: “That is a complete mis-characterization of what I said, and I resent that. I will not let you sit there and say that. I am talking about a competitive marketplace, and I am saying that cable operators should have to pay for broadcast programming, just like they pay for other programming.”

Laguarda:You were analogizing to the marketplace when you were talking about it, and the marketplace you analogized to was to municipal trash — that was your example, not mine — the problem is that Congress already decided that this is not a marketplace, so it is too cute by half to look at the situation as it exists today and the consumer disruption and harm that is demonstrated today, and to say: Well now it’s a marketplace, and now, because there’s competition at the distributor level, that marketplace can be leveraged and taken advantage of by broadcasters in a way that harms consumers. …”

Cook Bush: Well I would just go back and say that Congress did intend to create a marketplace,  and they expressly gave broadcasters the right to control their signals, and to give them the right to seek payment or other compensation from cable operators. That was the express intent, and there is no equivocation about it.”

51 min — Calabrese on the public interest aspect of the 1992 Cable Act:

He says that broadcasters can’t ignore the fact that Congress gave FCC the power to regulate and enforce the public interest obligations of the broadcasters, who get to use their means of distribution — the spectrum — for free.

“Broadcasters just can’t walk away from the fact that they took a bargain, decades ago, that they’re being paid by the public to deliver a free stream of content with a whole variety o things that are so special.”

They’ve been arguing that the spectrum can’t be taken away from them because localism, local news, weather and emergency alerts, is so important.

The debate isn’t just about the marketplace, and how much cable operators and broadcasters can wring out of each other.

It’s about the interruption of service, which is “completely contrary to the bargain that the broadcasters have with the public.”

The FCC can put in place mandatory interim carriage as long as there is good faith bargaining, they can put in place binding arbitration, and/or some sort of administrative law panel that would resolve these disputes, so you can still have the negotiations, but you can do it without disruption of service, he says.

52 min — Discussion among participants about the nature of what kind of notice should be given to consumers about potential programming interruptions.

62 min — John Mansell, an independent consultant and audience member asks: “If this marketplace is truly competitive, why don’t you make it a little bit more competitive and allow the cable operator to import a distant network affiliate? After all, they can receive copyright royalties for it. Second question is: Why not let a cable operator become a network affiliate? Why do you need exclusivity?”

Hane: The network non-duplication rules do not give a single broadcaster any advantage. I think probably the entire broadcast industry would be quite happy if the entire non-duplication rules were eliminated. …”

Polka:Those rules are walls that prevent competition. That’s what happens.”

Cook Bush: But that doesn’t compel broadcasters to make their signals available to you. They could still say no.

70 min: More discussions about proposed solutions to the current situation. ###

Sarah Lai Stirland was Contributing Editor for BroadbandBreakfast.com until April 2011. She has covered business, finance and legal affairs, telecommunications and tech policy for 15 years from New York, Washington and San Francisco. She has written for Red Herring, National Journal's Technology Daily, Portfolio.com and Wired.com. She's a native of London and Hong Kong, and is currently based in San Francisco.

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The Moderators of 4 Panels at Digital Infrastructure Investment 2021 Preview the Mini-Conference

Want a sneak peak of Digital Infrastructure Investment 2021 on Monday? Moderators for the event’s four sessions preview their panels.

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Our Broadband Breakfast Live Online events take place every Wednesday at 12 Noon ET. You can watch the September 22, 2021, event on this page. You can also PARTICIPATE in the current Broadband Breakfast Live Online event. REGISTER HERE.

Wednesday, September 22, 2021, 12 Noon ET — Last Call for Digital Infrastructure Investment 2021

Join us on September 22, 2021, for this special Broadband Breakfast Live Online as we get ready for Digital Infrastructure Investment 2021. In this session, we’ll hear from the moderators of each of the four Topics that we’ll consider at the mini-conference! As a reminder, Digital Infrastructure Investment 2021 is taking place IN PERSON at the Broadband Communities Summit in Houston, Texas, and also LIVE ONLINE. See below for registration information.

Panelists for the event:

  • Joan Engebretson, Executive Editor, Telecompetitor
  • Mari Silbey,  Senior Director of Partnerships and Outreach, US Ignite
  • Chris Mitchell, Director, Community Broadband Networks Initiative
  • Drew Clark (moderator), Editor and Publisher of Broadband Breakfast

  • Joan Engebretson (Moderator of Topic 2) has been writing about technology and telecommunications since 1992. She is currently executive editor for Telecompetitor, a news website focused on broadband. Joan has a BA in journalism and an MBA from the University of Michigan. She has won awards for her commentary from the American Society of Business Publication Editors and in min’s Editorial and Design awards.
  • Mari Silbey (Moderator of Topic 4) is Senior Director of Partnerships and Outreach for US Ignite, and Program Director for the Platforms for Advanced Wireless Research (PAWR) program, a $100 million initiative funded by the National Science Foundation and a consortium of more than 30 wireless companies and associations. Mari has 20 years of experience in communications and technology. She has worked previously as a writer, analyst and consultant in the private sector, and as a journalist covering broadband and wireless infrastructure.
  • Chris Mitchell (Moderator of Topic 3) is Director of the Institute for Local Self Reliance’s Community Broadband Network Initiative. His work focuses on helping communities ensure that the telecommunications networks upon which they depend are accountable to the community. He was honored as one of the 2012 Top 25 in Public Sector Technology by Government Technology, which honors the top “Doers, Drivers, and Dreamers” in the nation each year. Originally published on MuniNetworks.org, this piece is part of a collaborative reporting effort between Broadband Breakfast and the Community Broadband Networks program at ILSR.
  • Drew Clark (Moderator of Topic 1, and of this preview session), Editor and Publisher of Broadband Breakfast, also serves as Of Counsel to The CommLaw Group. He has helped fiber-based and fixed wireless providers negotiate telecom leases and fiber IRUs, litigate to operate in the public right of way, and argue regulatory classifications before federal and state authorities. He has also worked with cities on structuring Public-Private Partnerships for better broadband access for their communities. As a journalist, Drew brings experts and practitioners together to advance the benefits provided by broadband, and – building off his work with Broadband Census – was appointed Executive Director of the Partnership for a Connected Illinois under Gov. Pat Quinn. He is also the President of the Rural Telecommunications Congress.

WATCH HERE, or on YouTubeTwitter and Facebook

Digital Infrastructure Investment 2021 will take place at the Broadband Communities Summit, and online, on Monday, September 27, 2021. 

Join the Broadband Breakfast Club and Register for the LIVE ONLINE version of Digital Infrastructure Investment 2021 for the Member’s Rate of $149. First month of Broadband Breakfast Club Membership included.

REGISTER NOW

This pathbreaking event brings the broadband infrastructure and financial services communities together to focus on the digital infrastructure and investment asset profile, including fiber, small cells, towers and data center assets required to support a 21st Century information economy.

The annual Digital Infrastructure Investment conference unites infrastructure investment fund managers, institutional investors, private equity and venture capitalists with senior broadband leaders and brings clarity to the next business model for advanced digital infrastructure.

Agenda for Digital Infrastructure Investment 2021

  • Introduction and Logistics for In-Person and Remote Attendees – 1:00 p.m. ET / 12:00 p.m. CT
  • Industry Keynote: What is Digital Infrastructure Investment? – 1:10 p.m. ET / 12:10 p.m. CT
  • Topic 1: Infrastructure Investment Funds – 1:35 p.m. ET / 12:35 p.m. CT
    • How will the Biden Administration’s broadband infrastructure package influence institutional investors? Will mergers and acquisitions accelerate in telecom?
    • Panelists:
      • Ryan Carr, Partner, MC Partners
      • Tom Coverick, Managing Director, Keybanc Capital Markets
      • Lindsay Miller, Partner, Ice Miller LLP
      • James Wagar, Partner, Frontbridge Capital
      • Drew Clark (moderator), Editor and Publisher, Broadband Breakfast
  • Broadband Breakfast Presentation: Lit Communities – 2:20 p.m. ET / 1:20 p.m. CT
  • Topic 2: Last Mile Digital Infrastructure – 2:30 p.m. ET / 1:30 p.m. CT
    • Ownership models are evolving. Who will play the lead role in constructing? What entities, including cities, will own digital assets? Who will manage the networks?
    • Panelists:
      • Monica Webb, Senior Director, Market Development and Strategic Partnerships, Ting Internet
      • John Burchett, Head of Public Policy, Government and Community Relations, Google Access and Google Fiber
      • Carter Old, Co-founder, President and Chief Growth Officer, Tachus LLC
      • Ramiro Gonzalez, Director of Government and Community Affairs, City of Brownsville
      • Julie Wheeler, President Commissioner, York County, PA
      • Joan Engebretson (moderator), Executive Editor, Telecompetitor 
  • Interactive Session with Broadband Breakfast and BroadbandNow – 3:15 p.m. ET / 2:15 p.m. CT
  • Break (10 minutes) – 3:30 p.m. ET / 2:30 p.m. CT
  • Policy Keynote Address: A Vision for Digital Infrastructure Investment – 3:40 p.m. ET / 2:40 p.m. CT
  • Broadband Breakfast Presentation: Render Networks – 4:05 p.m. ET / 3:05 p.m. CT
  • Broadband Breakfast Presentation: California Emerging Technology Fund – 4:10 p.m. ET / 3:10 p.m. CT
  • Topic 3: Public-Private Partnerships – 4:15 p.m. ET / 3:15 p.m. CT
    • Municipalities are becoming a leading voice in new digital infrastructure projects. How has their role changed the conversations around public-private partnerships?
    • Panelists:
      • Matt Schmit, Director, Illinois Office of Broadband
      • Chris Walker, Senior Executive Director of Infrastructure Strategy, Northwest Open Access Network
      • Nate Walowitz, Regional Broadband Program Director, Northwest Colorado Council of Governments
      • Sunne Wright McPeak, President and CEO, California Emerging Technology Fund
      • Chris Mitchell (moderator), Director, Community Broadband Networks Initiative
  • Broadband Breakfast Presentation: UTOPIA Fiber – 5:00 p.m. ET / 4:00 p.m. CT
  • Broadband Breakfast Presentation: SiFi Networks – 5:05 p.m. ET / 4:05 p.m. CT
  • Broadband Breakfast Presentation: Positron Access – 5:10 p.m. ET / 4:10 p.m. CT
  • Topic 4: The Future of Shared Infrastructure – 5:15 p.m. ET / 4:15 p.m. CT
    • Cellular towers were once proprietary, before carriers partnered with infrastructure owners. Will 5G deployment accelerate the deployment of shared real estate facilities?
    • Panelists:
      • Jonathan Adelstein, President and CEO, Wireless Industry Association 
      • Deborah Simpler, Co-founder and CEO, Althea Networks
      • Mari Silbey (moderator),  Senior Director of Partnerships and Outreach, US Ignite
  • Conference Conclusion – 6:00 p.m. ET / 5:00 p.m. CT

As with all Broadband Breakfast Live Online events, the FREE webcasts will take place at 12 Noon ET on Wednesday.

SUBSCRIBE to the Broadband Breakfast YouTube channel. That way, you will be notified when events go live. Watch on YouTubeTwitter and Facebook

See a complete list of upcoming and past Broadband Breakfast Live Online events.

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Broadband Breakfast on Wednesday, September 15, 2021 — A ‘Consumer Confidence’ Survey for Broadband

BroadbandNow launches a “consumer confidence” survey.

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Our Broadband Breakfast Live Online events take place every Wednesday at 12 Noon ET. You can watch the September 15, 2021, event on this page. You can also PARTICIPATE in the current Broadband Breakfast Live Online event. REGISTER HERE.

Wednesday, September 15, 2021, 12 Noon ET — BroadbandNow Presents a ‘Consumer Confidence’ Survey for Broadband

As part of its efforts to provide the latest research on the social, economic and political issues contributing to the digital impact and the impact of broadband on everyday life, BroadbandNow is launching a new survey among broadband leaders enthusiasts. Think of this as a “consumer confidence” survey for broadband.

Recently, there have been many changes regarding broadband at the federal, state, local and industry levels. BroadbandNow and Broadband Breakfast aim to launch the survey at a presentation during Digital Infrastructure Investment 2021, a mini-conference at the Broadband Community Summit in Houston, Texas, from September 27-30, 2021.

Join us on September 15, 2021, for this special Broadband Breakfast Live Online preview of the survey with John Busby, Managing Director of BroadbandNow, and Drew Clark, Editor and Publisher of Broadband Breakfast.

Panelists for the event:

  • John Busby, Managing Director of BroadbandNow
  • John B. Horrigan, Senior Fellow, Benton Institute on Broadband & Society
  • Drew Clark (moderator), Editor and Publisher of Broadband Breakfast

Panelist resources:

  • John Busby is the Managing Director of BroadbandNow.com, where millions of consumers find and compare local internet options and independent research is published about the digital divide. Prior to BroadbandNow, John held senior leadership positions at Amazon and Marchex. John holds a Bachelor’s Degree from Northwestern University.
  • John B. Horrigan, Ph.D., is Senior Fellow at the Benton Institute on Broadband & Society, with a focus on technology adoption and digital inclusion. Horrigan has served as an Associate Director for Research at the Pew Research Center and Senior Fellow at the Technology Policy Institute. During the Obama Administration, Horrigan was part the leadership team at the Federal Communications Commission for the development of the National Broadband Plan (NBP).
  • Drew Clark, Editor and Publisher of Broadband Breakfast, also serves as Of Counsel to The CommLaw Group. He has helped fiber-based and fixed wireless providers negotiate telecom leases and fiber IRUs, litigate to operate in the public right of way, and argue regulatory classifications before federal and state authorities. He has also worked with cities on structuring Public-Private Partnerships for better broadband access for their communities. As a journalist, Drew brings experts and practitioners together to advance the benefits provided by broadband, and – building off his work with Broadband Census – was appointed Executive Director of the Partnership for a Connected Illinois under Gov. Pat Quinn. He is also the President of the Rural Telecommunications Congress.

BroadbandNow is a data aggregation company helping millions of consumers find and compare local internet options. BroadbandNow’s database of providers, the largest in the U.S., delivers the highest-value guides consisting of comprehensive plans, prices and ratings for thousands of internet service providers. BroadbandNow relentlessly collects and analyzes internet providers’ coverage and availability to provide the most accurate zip code search for consumers.

See also:

WATCH HERE, or on YouTubeTwitter and Facebook

As with all Broadband Breakfast Live Online events, the FREE webcasts will take place at 12 Noon ET on Wednesday.

SUBSCRIBE to the Broadband Breakfast YouTube channel. That way, you will be notified when events go live. Watch on YouTubeTwitter and Facebook

See a complete list of upcoming and past Broadband Breakfast Live Online events.

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Broadband Breakfast on September 1, 2021 — What’s Next for Broadband Infrastructure Legislation?

The bipartisan infrastructure framework faces hurdles before it because law. We’ll discuss the process in Congress.

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See “Citing Flexibility, Broadband Breakfast Panelists Double-Down in Support for Infrastructure Bill,” Broadband Breakfast, September 1, 2021

Our Broadband Breakfast Live Online events take place every Wednesday at 12 Noon ET. You can watch the September 1, 2021, event on this page. You can also PARTICIPATE in the current Broadband Breakfast Live Online event. REGISTER HERE.

Wednesday, September 1, 2021, 12 Noon ET — What’s Next for Broadband Infrastructure Legislation?

Though it may have passed in the Senate, the bipartisan infrastructure framework still faces hurdles before it can be put into law. How much money can broadband expansion expect to see? Will we see a return of reverse auctions? What kind of obstacles will the bill face?

Join us on September 1, 2021 where we will discuss all of this and more during our Broadband Breakfast Live Online event!

Panelists for this Broadband Breakfast Live Online session:

  • Molly O’Leary, Director of Government Affairs, NTCA – The Rural Broadband Association
  • Jonathan S. Adelstein, President and CEO, Wireless Industry Association
  • Matthew Polka, President and CEO, ACA Connects
  • Chip Pickering, CEO, INCOMPAS
  • Gary Bolton, President and CEO, Fiber Broadband Association
  • Drew Clark (moderator), Editor and Publisher, Broadband Breakfast

Panelist resources:

  • Molly O’Leary serves as Director of Government Affairs, NTCA, The Rural Broadband Association, and advocates in Congress and at the U.S. Department of Agriculture to influence legislative and regulatory policy on behalf of NTCA members. Prior to joining NTCA, O’Leary worked in the U.S. Senate as a policy advisor to Sen. Tina Smith, D-Minn., on telecommunications, appropriations and native affairs. She previously served as a legislative aide to Sen. Al Franken (D-Minn.) for his position on the Senate Judiciary Committee.
  • Jonathan S. Adelstein has headed Wireless Industry Association since 2012, representing the businesses that build, develop, own, and operate the nation’s wireless infrastructure. He is a former Commissioner of the Federal Communications Commission and Administrator of the U.S. Department of Agriculture’s Rural Utilities Service. He previously served 15 years on the U.S. Senate staff, culminating as a senior legislative advisor to Majority Leader Tom Daschle.
  • Matt Polka is the President and CEO of ACA Connects – America’s Communications Association (ACA), a 700-member Washington, D.C., trade and federal advocacy association of independent, smaller- and medium-sized broadband, cable and phone businesses.  ACAC members serve more than 10 million subscribers in smaller/rural markets and competitive areas in all 50 states.  Matt has been with the organization since 1993.
  • Chip Pickering is the CEO of INCOMPAS and has done so since 2014. He is also a former representative of Mississippi’s 3rd congressional district. He holds a BBA from the University of Mississippi and an MBA from Baylor University.
  • Gary Bolton serves as president and CEO of the Fiber Broadband Association — the largest trade association dedicated to all-fiber-optic broadband. Prior to FBA, Gary held executive management positions at two successful venture-backed high-tech start-ups as well as at large publicly traded companies in marketing, product line management and public policy. Gary is currently an adjunct professor in business administration and management science at the University of Alabama in Huntsville and he holds an MBA from Duke University and a BS in Electrical Engineering from North Carolina State University.

WATCH HERE, or on YouTubeTwitter and Facebook

As with all Broadband Breakfast Live Online events, the FREE webcasts will take place at 12 Noon ET on Wednesday.

SUBSCRIBE to the Broadband Breakfast YouTube channel. That way, you will be notified when events go live. Watch on YouTubeTwitter and Facebook

See a complete list of upcoming and past Broadband Breakfast Live Online events.

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