News Page Banner Graphic

Breaking News

FCC Initiates Rulemaking to Consider Changes to its Pole Attachment Rules

May 21 , 2010
printable version
           
     As an element of the National Broadband Plan, the Federal Communications Commission has adopted an Order (“Order”) and Further Notice of Proposed Rulemaking (“FNPRM”) clarifying and proposing changes to its pole attachment rules.  The Order confirms that:

  • Communications providers have a statutory right to use the same cost- and space-saving attachment techniques that the utility itself uses, including boxing (placing attachments on both sides of the pole) and bracketing (using extension arms).  If a utility chooses not to allow a particular attachment technique, it must apply the rule equally to itself.

 

  • Communications providers have a statutory right of timely access to poles throughout the entire attachment process, and utilities must perform make-ready (preparation of poles for attachment) and all other steps promptly and efficiently.  The precise timeline for each particular step of the pole access process will be considered further in the FNPRM. 

In the FNPRM, the FCC seeks comment on additional changes to its rules, including:

  • Revising the telecommunications rate formula so that it is more in line with the cable rate formula, with the goal of making rates for all providers as low and as uniform as possible.
  • Specifying timelines governing each step of the attachment process, from application to issuance of the final permit, for all forms of communications attachments.   
  • Clarifying the process of certifying wireless equipment for attachment.
  • Clarifying how and when attachers may use of outside contractors for various tasks.
  • Elaborating on the parties’ specific rights and responsibilities in the attachment process.
  • Changing the Commission’s procedural and complaint rules to make the resolution of disputes more efficient.

Comments and reply comments in response to the FNPRM will be due 30 and 60 days, respectively, after publication in the Federal Register.  We would be pleased to respond to any questions regarding these matters.