The DAS operator is operating equipment that plays a vital and active role in a wireless session by providing an antenna that directly interfaces with the end-user’s wireless device -- both sending and receiving radio signal. The DAS antenna receives RF at the node, converts it to digital or optical format for transport over a cable or fiber line, only to be converted back to RF at the hub and handed back to the WSP, or the CMRS ultimate end-user. The fact that the retail WSP holds title to the spectrum carrier’s license or may generate the signal for the DAS network to carry does not diminish the active collection, conversion, and distribution of the wireless signal by the DAS network. Nor is it universally true among DAS operators that there is no operator-supplied radio involved or that the retail WSP generates the radio signal back at the hub, as some commenters assert. For example, ExteNet describes its network as supplying radios and generating the radio signal. The FCC notes that small cell operators, one form of microcells, supply radio transceivers at the node. There is no homogeneity among DAS networks. As the would be PCIA warns, “it a mistake to attempt to define DAS as a specific technological configuration currently deployed by a We agree that it would be an error to base our ruling particular company.” on any one narrow view of a network. Rather, DAS networks should be defined by their functionality (the service furnished), not by any particular configuration of facilities. Our statute excludes from our jurisdiction any person that operates equipment that mobile domestic “furnishes cellular radio telecommunications There is no requirement under our law that service.” the service be a stand-alone offering. The as used in the statutory term “furnish” exception means (second definition) or As previously “to provide” “to supply.” discussed, DAS networks are used to furnish, supply and provide personal wireless services and, thus, meet this definition.
The DAS operator is operating equipment that plays a vital and active role in a wireless session by providing an antenna that directly interfaces with the end-user’s wireless device -- both sending and receiving radio signal. The DAS antenna receives RF at the node, converts it to digital or optical format for transport over a cable or fiber line, only to be converted back to RF at the hub and handed back to the WSP, or the CMRS carrier’s ultimate end-user. The fact that the retail WSP holds title to the spectrum license or may generate the signal for the DAS network to carry does not diminish the active collection, conversion, and distribution of the wireless signal by the DAS network. Nor is it universally true among DAS operators that there is no operator-supplied radio involved or that the retail WSP generates the radio signal back at the hub, as some commenters assert. For example, ExteNet describes its network as supplying radios and generating the radio signal. The FCC notes that small cell operators, one form of microcells, supply radio transceivers at the node. There is no homogeneity among DAS networks. As the PCIA warns, “it would be a mistake to attempt to define DAS as a specific technological configuration currently deployed by a particular company.” We agree that it would be an error to base our ruling on any one narrow view of a network. Rather, DAS networks should be defined by their functionality (the service furnished), not by any particular configuration of facilities. Our statute excludes from our jurisdiction any person that operates equipment that “furnishes mobile domestic cellular radio telecommunications service.” There is no requirement under our law that the service be a stand-alone offering. The term “furnish” as used in the statutory exception means (second definition) “to provide” or “to supply.” As previously discussed, DAS networks are used to furnish, supply and provide personal wireless services and, thus, meet this definition.