Pole Attachments

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FCC Orders Electronic Filing of Pole Attachment and Section 208 Complaints

On November 12, the FCC released an Order making significant changes to its rules governing the filing of pole attachment complaints brought under Section 224 as well as formal complaints against common carriers brought under Section 208 of the Communications Act.  Once effective, the rule changes will require the electronic filing of all such complaints – which previously were required to be filed on paper – via the Commission’s Electronic Comment ...Continue Reading

California

California PUC to Hold Workshops in November to Discuss Wireless Pole Attachment Issues

As an update to our May 7 blog entry about the California Public Utilities Commission (“PUC”)’s rulemaking to consider if its existing rules for nondiscriminatory access to poles, conduits and rights-of-way should be amended to include Commercial Mobile Radio Service (“CMRS”) carriers (“Rulemaking”), the PUC recently announced that it will hold informational workshops on November 4 and 5 to discuss CMRS access issues.  Informational reports describing the size, type, load and ...Continue Reading

Wireless

California

California PUC to Hold Workshops in November to Discuss Wireless Pole Attachment Issues

As an update to our May 7 blog entry about the California Public Utilities Commission (“PUC”)’s rulemaking to consider if its existing rules for nondiscriminatory access to poles, conduits and rights-of-way should be amended to include Commercial Mobile Radio Service (“CMRS”) carriers (“Rulemaking”), the PUC recently announced that it will hold informational workshops on November 4 and 5 to discuss CMRS access issues.  Informational reports describing the size, type, load and ...Continue Reading

Mailboxes

Areas Eligible for Rural Broadband Experiments Funding Announced

On July 25, the FCC released the list of eligible areas for its $100 Million Rural Broadband Experiments program, the details of which are summarized in our recent Advisory. The list includes the following key information: the state and county of each census block, along with its tract and block identification numbers; the number of locations in the census block, including locations served by rate-of-return carriers and price cap carriers; the number of price ...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

California

California PUC to Hold Workshops in November to Discuss Wireless Pole Attachment Issues

As an update to our May 7 blog entry about the California Public Utilities Commission (“PUC”)’s rulemaking to consider if its existing rules for nondiscriminatory access to poles, conduits and rights-of-way should be amended to include Commercial Mobile Radio Service (“CMRS”) carriers (“Rulemaking”), the PUC recently announced that it will hold informational workshops on November 4 and 5 to discuss CMRS access issues.  Informational reports describing the size, type, load and ...Continue Reading