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FCC Releases Notice Of Proposed Rulemaking Considering Changes To Its Pole Attachment Rules, Including Elimination Of The “Cable-Only” Rate
November 21, 2007
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The FCC yesterday released its Notice of Proposed Rulemaking seeking comment as to whether to adopt a single rate for all pole attachments. In tentatively concluding that there should be a single rate for all attachments used to provide broadband Internet access services, the FCC’s Notice signals a likely end to the lower “cable-only” rate and the imposition of a higher, unified rate on all attachers. More specifically, the FCC proposal would modify the rate rules such that the rates paid by all attachers would include an allocation for the cost of unusable space on a pole. Currently, the rates paid by cable operators do not include such an allocation, resulting in attachment rates that are 25-50% less than the rates paid by pure telecommunications providers. The FCC is also considering extending the just and reasonable rate protections of the Pole Act to incumbent LECs. To date, the FCC has interpreted the Pole Act to exclude incumbent LECs. Such a change would allow incumbent LECs to enjoy significant cost savings in the rates paid for attaching to other utilities’ poles.
The FCC also asks for comments regarding the terms and conditions of attachment, including whether the FCC needs to clarify or set further procedures for providing access to poles, ducts, and conduits, including access to incumbent LEC central offices. The FCC specifically asks for comments on a range of technical issues including surveys of poles and conduit, information management practices, timely performance of make-ready work, safety, reliability and capacity practices, the use of boxing and extension arms, and the use of drop lines and poles. Finally, the FCC asks whether its rules should be extended to cover possible unlawful practices by attachers (as opposed to just utilities), including alleged violations of safety codes such as the NESC.
COMMENT DEADLINE: 30 DAYS AFTER NOTICE APPEARS IN FEDERAL REGISTER
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