Pole Attachments

FCC Adopts One-Touch Make-Ready Rules and Declaratory Ruling Preempting State and Local Moratoria on Wireline and Wireless Deployment

The FCC, at its Open Meeting today, adopted its Third Report and Order and Declaratory Ruling (“Order”) in the wireline infrastructure docket which, among other things, implements one-touch make-ready (“OTMR”) and prohibits state and local moratoria on telecommunications services and facilities deployment. While the final text of the Order has not been released (only a news release so far), the commissioners’ remarks at the meeting provided insight concerning certain issues ...Continue Reading

FCC Proposes Two Items to Expedite Wireline and Wireless Attachments to Utility Poles

New “One Touch Make-Ready” Regime Proposed with Shortened Timeframes and Revised Terms for Completing Pole Attachments Draft Declaratory Ruling Would Prohibit State and Local Moratoria on Wireline and Wireless Deployment Last spring, largely responding to claims by Google Fiber that existing attachers and sequential make-ready costs and delays were impeding broadband deployment, the FCC circulated a proposal for substantial changes to its pole attachment make-ready rules and associated timelines to accelerate the deployment ...Continue Reading

Wireless

FCC Adopts One-Touch Make-Ready Rules and Declaratory Ruling Preempting State and Local Moratoria on Wireline and Wireless Deployment

The FCC, at its Open Meeting today, adopted its Third Report and Order and Declaratory Ruling (“Order”) in the wireline infrastructure docket which, among other things, implements one-touch make-ready (“OTMR”) and prohibits state and local moratoria on telecommunications services and facilities deployment. While the final text of the Order has not been released (only a news release so far), the commissioners’ remarks at the meeting provided insight concerning certain issues ...Continue Reading

FCC Proposes Two Items to Expedite Wireline and Wireless Attachments to Utility Poles

New “One Touch Make-Ready” Regime Proposed with Shortened Timeframes and Revised Terms for Completing Pole Attachments Draft Declaratory Ruling Would Prohibit State and Local Moratoria on Wireline and Wireless Deployment Last spring, largely responding to claims by Google Fiber that existing attachers and sequential make-ready costs and delays were impeding broadband deployment, the FCC circulated a proposal for substantial changes to its pole attachment make-ready rules and associated timelines to accelerate the deployment ...Continue Reading

MDU Access

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

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

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 PUC Adopts Safety Enforcement Citation Program

On Dec. 1, 2016, the California PUC (CPUC) unanimously adopted Resolution SED-3, which implements a safety enforcement citation program for communications infrastructure providers (CIPs) including CLECs, cable operators, wireless providers, and facilities-based VoIP providers.  The citation program appears focused on violations pertaining to General Order (GO) 95 (aerial facilities) and GO 128 (underground facilities), but conceivably could be applied to any violation involving “communications facilities.” Safety Violation Corrections The program mirrors citation ...Continue Reading

Privacy and Cybersecurity

Chairman Wheeler to Leave FCC Jan. 20

FCC Issues Clarification of Broadband Privacy Rules Deadlines Today, FCC Chairman Tom Wheeler confirmed that he will resign effective January 20, 2017, Inauguration Day. With Commissioner Rosenworcel unlikely to be confirmed for a new term, this would leave the FCC with two Republicans (Commissioners Pai and O’Rielly) and one Democrat (Commissioner Clyburn). The majority in favor of the Republican Commissioners would enable the FCC to more easily overturn recent, controversial items. Additionally, ...Continue Reading