Pole Attachments

WebinarDec3

Open Internet Webinar

Wednesday, December 16, 2015 1:00 p.m. – 2:00 p.m. EST Please join us for an interactive, end-of-year discussion about developments in the FCC’s Open Internet (a.k.a. “net neutrality”) rules.  Will the rules survive judicial challenge?  Will Congress act?  How will the rules impact your business in 2016? Agenda: Judicial challenge oral arguments, presented by John Seiver & Dan Reing Capitol Hill developments, presented by Kim Bayliss & Steve Perry (from Grayling) FCC privacy update, presented by ...Continue Reading

FCC Revises Telecom Pole Attachment Rate Formula

New Order Eliminates Possible Disparity in Cable and Telecom Pole Attachment Rates In last week’s Order on Reconsideration, the FCC definitively closed the “telecom formula loophole” thereby ensuring that pole attachment rates for telecommunications attachers (including providers of broadband Internet access service) approximate the rates for cable attachers, as intended by the Commission’s 2011 Order amending its pole attachment rules.  In the Reconsideration Order, the FCC further revised the telecom formula to ...Continue Reading

Wireless

DC Circuit Affirms FCC’s Open Internet Order

180 pages of analysis includes a 60 page partial dissent Today the U.S. Court of Appeals for the D.C. Circuit rejected multiple Petitions for Review and upheld the FCC’s Open Internet Order.  That order reclassified wired and mobile broadband Internet access services as telecommunications services and subjects providers of those services to several specific new rules and to certain key provisions of Title II of the Communications Act, while forbearing from ...Continue Reading

Advisory Alert: FCC Adopts Framework for Broad New Regulations of Special Access Services

FCC Chairman Wheeler’s plan to extend a new rate regulation regime to so-called business data services (which provide point-to-point transmission of data at guaranteed speeds and service levels), formerly known as “special access” services, is one step closer to reality following the Commission’s recent adoption of an Order and Further Notice of Proposed Rulemaking (“FNPRM”) on May 2, 2016. The item puts forward a proposed framework for potentially regulating the ...Continue Reading

MDU Access

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Disputes Over MDU Access Persist

You would be forgiven if you thought the status of exclusive agreements for exclusive broadband cable service to “multiple dwelling units” such as condominiums and planned communities (MDUs) was settled. In 2007, the Federal Communications Commission (“FCC”) issued a ruling broadly declaring that such exclusivity agreements are “null and void,” and adopted a rule that prohibits the enforcement or execution of “any provision in a contract that grants to it ...Continue Reading

Fiber Networks

fiber

Is Dark Fiber a Regulated Service?

It may come as a surprise to know that the FCC (and the courts) have determined that dark fiber can be a regulated service. The FCC has found that leasing dark fiber is “wire communications” subject to its jurisdiction under Title II of the Communications Act because it “permits the transmission of information” and because “the provider of dark fiber still owns, maintains, and repairs the fiber and merely leases it ...Continue Reading

moneychart

Are REITs a Viable Strategy for Communications Companies?

Windstream Holdings, Inc. recently announced plans to spin off its copper, fiber and other fixed real estate assets into an independent publicly traded real estate investment trust (REIT).  Windstream received a private letter ruling from the IRS confirming the tax-free nature of the spin-off and the qualification of the network assets as real property for REIT purposes.  The transaction will reportedly save about $100 million per year in income taxes ...Continue Reading

State Activities

CPUC Proposed Decision Extends Pole Attachment Rights to CMRS Providers

On Friday, October 30, 2015, the Assigned Commissioner to a rulemaking at the California Public Utility Commission (“CPUC”) issued a Proposed Decision to extend the state’s pole, conduit and right of way access rights to wireless installations of commercial mobile radio service (“CMRS”) providers. The Proposed Decision will not be effective until the Commission votes to approve the item, which could be as early as December 3, 2015 (after the comment ...Continue Reading