Pole Attachments

Arkansas Public Service Commission Adopts Comprehensive Set of Pole Attachment Rules

On June 24, 2016, the Arkansas Public Service Commission (“Commission”) adopted a comprehensive set of new pole attachment rules that apply broadly to providers of electric, telecommunications, cable television, internet access, and other information services, and govern access to telephone, electric distribution and dual-use transmission poles, as well as conduit, owned by the state’s investor-owned and cooperatively-organized utilities.  The rules were adopted pursuant to a year-long rulemaking that included dozens ...Continue Reading

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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

Wireless

WiGig? Why Not! FCC Sets Aside Significant Unlicensed Spectrum for Deployment and Support of 5G Wireless Services in Latest “Spectrum Frontiers” Order

On Thursday, July 14, the FCC adopted its “Spectrum Frontiers” Order which allocates a substantial amount of high-frequency millimeter wave spectrum for both licensed and unlicensed use to support the deployment of the “next generational evolution of wireless technology to so-called” 5G wireless networks and services. This order, and the agency’s speed in adopting this item, reflects the FCC’s commitment to expanding spectrum access through both traditional (licensed) and emerging ...Continue Reading

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

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

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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

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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

Arkansas Public Service Commission Adopts Comprehensive Set of Pole Attachment Rules

On June 24, 2016, the Arkansas Public Service Commission (“Commission”) adopted a comprehensive set of new pole attachment rules that apply broadly to providers of electric, telecommunications, cable television, internet access, and other information services, and govern access to telephone, electric distribution and dual-use transmission poles, as well as conduit, owned by the state’s investor-owned and cooperatively-organized utilities.  The rules were adopted pursuant to a year-long rulemaking that included dozens ...Continue Reading