Is Dark Fiber a Regulated Service?
Posted 4 hours ago

It seems logical to think that leasing dark fiber is not a telecommunications service.  Dark…

Is Dark Fiber a Regulated Service?
California PUC to Hold Workshops in November to Discuss Wireless Pole Attachment Issues
Posted 5 days ago

As an update to our May 7 blog entry about the California Public Utilities Commission…

California PUC to Hold Workshops in November to Discuss Wireless Pole Attachment Issues
Massachusetts DTC Applies Pole Attachment Rate Formula to Municipal Lighting Plants
Posted 12 days ago

Today, the Massachusetts Department of Telecommunications and Cable (“DTC”) issued an Order holding that the…

Massachusetts DTC Applies Pole Attachment Rate Formula to Municipal Lighting Plants
Advisory: FCC Announces Regulatory Fees Due for FY 2014
Posted 12 days ago

The FCC has released its annual Report and Order showing the regulatory fees due for the 2014…

Advisory: FCC Announces Regulatory Fees Due for FY 2014
DWT Advisory: Driving Down the Cost of Health Care Through Next Generation Networks
Posted 20 days ago

Current and future health care delivery models are quickly outgrowing legacy communications architectures, which lack…

DWT Advisory: Driving Down the Cost of Health Care Through Next Generation Networks
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Pole Attachments

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

MAFlag

Massachusetts DTC Applies Pole Attachment Rate Formula to Municipal Lighting Plants

Today, the Massachusetts Department of Telecommunications and Cable (“DTC”) issued an Order holding that the pole attachment rate formula adopted by the Massachusetts Department of Telecommunications and Energy (“DTE”) in 1998 (the “Massachusetts Formula”) and used by investor-owned utilities (“IOUs”) also applies to municipally-owned electric utilities in Massachusetts, which are known in the Commonwealth as municipal lighting plants (“MLPs”).   The Order establishes that all MLPs in Massachusetts (there are approximately ...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

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

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 seems logical to think that leasing dark fiber is not a telecommunications service.  Dark fiber is only a component of a service, not a service unto itself.  It may therefore come as a surprise to know that the FCC (and the courts) has a different opinion. The FCC has found that leasing dark fiber is “wire communications” subject to its jurisdiction under Title II of the Communications Act because 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