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Broadband Deployment Law Advisor Insight and Commentary on the Deployment of Communications Infrastructure

Category Archives: Infrastructure (Poles, Conduit and Rights of Way)

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

Posted in Infrastructure (Poles, Conduit and Rights of Way), Pole Attachments, Wireless

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… Continue Reading

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

Posted in DWT Advisory, Infrastructure (Poles, Conduit and Rights of Way), Pole Attachments, Wireless

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… Continue Reading

Eighth Circuit Affirms FCC’s 2015 Order Equalizing Cable and Telecom Pole Attachment Rates

Posted in Broadband Deployment, DWT Advisory, Infrastructure (Poles, Conduit and Rights of Way), Pole Attachments, Wireless

On Monday, July 31, 2017, the U.S. Court of Appeals for the Eighth Circuit, in a unanimous opinion, affirmed the FCC’s November 2015 Order on Reconsideration closing the “telecom formula loophole” to ensure that pole attachment rates for cable and telecom attachers are equivalent. In the FCC’s 2011 Order that was upheld by the D.C. Circuit, the FCC sought to align the… Continue Reading

California Updates Existing Utility Pole Rules to Improve Safety and Reliability

Posted in Infrastructure (Poles, Conduit and Rights of Way), Pole Attachments, State Activities

The California Public Utilities Commission (“CPUC”) released a unanimous decision amending the rules governing design, construction, and maintenance of outdoor overhead power and communication lines. The 16 amendments are intended to improve safety, enhance reliability, increase efficiency, and correct errors in General Order (GO) 95, which governs overhead line construction and safety. The amendments are… Continue Reading

Electric Utilities Seek SCOTUS Review of DC Circuit February 2013 Pole Decision Granting ILECs Pole Attachment Rights

Posted in Broadband Deployment, Infrastructure (Poles, Conduit and Rights of Way), Pole Attachments

 On May 24, 2013, five electric utilities filed a petition for certiorari in the U.S. Supreme Court seeking limited review of the D.C. Circuit’s February 2013 pole attachment decision that, among other things, upheld the FCC’s 2011 Pole Order giving Incumbent Local Exchange Carriers (ILECs) rights to “just and reasonable” rates, terms, and conditions for… Continue Reading

Communications Attacher Efforts Lead to Laws Governing Pole Owning Electric Cooperatives and Municipalities

Posted in Broadband Deployment, Infrastructure (Poles, Conduit and Rights of Way), Pole Attachments, State Activities

At this time of year when state legislative sessions have ended or are coming to a close, there are usually one or two bills making their way to governors for signature that, in some form or another, regulate pole owning electric cooperatives and/or municipalities for pole attachment purposes. As a general matter, electric cooperatives and… Continue Reading

FCC to Study Pole Attachment Costs to Spur Gigabit Deployment

Posted in Broadband Deployment, Infrastructure (Poles, Conduit and Rights of Way), Pole Attachments

At last month’s Broadband Acceleration Initiative workshop, outgoing FCC Chairman Genachowski announced that the FCC would soon release a notice launching an inquiry into pole attachment costs as part of its effort to further reduce barriers to broadband build-out. This announcement followed on the heels of the Chairman’s issuance of the Gigabit Cities Challenge, which… Continue Reading

FCC Technical Advisory Council Recommends New Broadband Infrastructure Deployment Policies

Posted in Infrastructure (Poles, Conduit and Rights of Way)

The FCC’s Technical Advisory Council (“TAC”) recently released eight new policy proposals intended to expedite broadband infrastructure deployment and a migration to IP networks. A copy of the recommendations is available here. Several proposals, if adopted, would have a direct (and potentially meaningful) impact on providers deploying next generation broadband network equipment, primarily by reducing… Continue Reading

New Regulations Adopted Governing Communications Attachments to Utility Poles

Posted in Infrastructure (Poles, Conduit and Rights of Way)

Following up on its National Broadband Plan promise of a year ago (see our advisory), today the FCC voted to adopt several pole attachment rule changes. While the text of the order has not yet been released, here is a brief summary of some of the key actions. We will post a more detailed analysis of this… Continue Reading

April Open Meeting to Include Orders to Reform Pole Attachments, CMRS Data Roaming; and Inquiries on Access to Government ROW, Wireless Siting, Network Reliability Standards

Posted in Infrastructure (Poles, Conduit and Rights of Way), Mobile Broadband

The FCC has released its agenda for its April 7 Open Meeting.  As announced in its tentative agenda, the April 7 meeting will include adoption of an order altering FCC regulations governing pole attachments.  As we wrote earlier, this order will likely address most of the outstanding issues left over from the FCC’s May 2010 pole attachment order, including attachment… Continue Reading

FCC Announces Order Forthcoming in Pole Attachment Rulemaking Proceeding

Posted in Infrastructure (Poles, Conduit and Rights of Way)

Yesterday, the FCC announced it will adopt an order altering its regulations governing pole attachments at its April 7 meeting. It appears that this order will address most of the outstanding issues left over from its May 2010 order on pole attachments, including attachment rates for telecom carriers, and access and enforcement issues, which we summarized… Continue Reading

DWT ADVISORY: FCC Releases Details on Net Neutrality Rules

Posted in Accessibility (Persons with Disabilities), Broadband Adoption, Broadband Deployment, Consumer Disclosure Requirements, E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Intercarrier Compensation, Mobile Broadband, Navigation Devices, Privacy and Cybersecurity, Spectrum Initiatives, Tribal Communities

 On Dec. 23, 2010, the Federal Communications Commission (FCC) released its Report and Order (R&O), and the text of the net neutrality rules it adopted on Dec. 21, 2010. The rules are summarized in our prior advisory, but the R&O contains many important details and nuances. (For the full text of the order, see Report and Order).   Transparency… Continue Reading

FCC Adopts Net Neutrality Rules; Relies on Title I Ancillary Jurisdiction

Posted in Accessibility (Persons with Disabilities), Broadband Adoption, Broadband Deployment, E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Intercarrier Compensation, Mobile Broadband, Navigation Devices, Privacy and Cybersecurity, Spectrum Initiatives, Tribal Communities

This morning at its monthly open meeting, the Federal Communications Commission adopted net neutrality rules which largely adopt existing Internet traffic and management practices, impose new non-discrimination and transparency rules, but leave room for specialized or managed services and usage based billing. The order is notable for basing jurisdiction mostly on Title I and ancillary… Continue Reading

Notes on Chairman’s Open Internet Remarks – Rules Will Preserve Reasonable Network Management Practices; Distinguish Between Mobile and Fixed Broadband; No Reclassification of Broadband Services

Posted in Accessibility (Persons with Disabilities), Broadband Adoption, Broadband Deployment, Consumer Disclosure Requirements, E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Intercarrier Compensation, Mobile Broadband, Navigation Devices, Privacy and Cybersecurity, Spectrum Initiatives, Tribal Communities

Earlier today, Chairman Genachowski held a press conference to deliver his remarks on his proposed Open Internet rules, which are scheduled for vote at the FCC’s December 21 open meeting.  The Chairman prefaced his summary of the rules by noting that they are in principle rooted in policy statements of past "Republican" Chairmen Powell and… Continue Reading

FCC to Release Order on “Open Internet” Rules at December Meeting; Chairman To Discuss Issue Today at 10:30 am

Posted in Accessibility (Persons with Disabilities), Broadband Adoption, Broadband Deployment, Consumer Disclosure Requirements, E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Intercarrier Compensation, Mobile Broadband, Navigation Devices, Privacy and Cybersecurity, Spectrum Initiatives, Tribal Communities

Last night the FCC released its tentative agenda for its next open meeting to be held December 21.  Two items are scheduled for consideration, the first being an Order (not a rulemaking or inquiry) adopting Open Internet rules, also known as net neutrality.  The text summarizing the agenda item is as follows: Open Internet Order:… Continue Reading

FCC to Hold Pole Attachments Workshop on September 28

Posted in Infrastructure (Poles, Conduit and Rights of Way)

The FCC recently released a Public Notice in which it announced that the Wireline Competition Bureau will hold a workshop on the morning of Tuesday, September 28, 2010. The stated purpose of the Workshop is for the Commission and staff to learn from the experiences of state regulators regarding its proposed pole attachment regulations (W.C…. Continue Reading

FCC Seeks Comment On “Business Broadband Marketplace,” Signaling Potential Establishment of Competition Policies for Broadband Business Services

Posted in Accessibility (Persons with Disabilities), Broadband Adoption, Broadband Deployment, Consumer Disclosure Requirements, E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Intercarrier Compensation, Mobile Broadband, Navigation Devices, Privacy and Cybersecurity, Spectrum Initiatives, Tribal Communities

Today the FCC released a Public Notice seeking comments on what the FCC calls the “business broadband marketplace.”  While this comment cycle is not directly related to any current FCC proceeding (the docket number – WC Docket No. 10-188 – was only created yesterday), the magnitude of information sought hints at the establishment of future regulatory policies, if not… Continue Reading

Further Inquiry in Open Internet Proceeding Focused on Managed Services and Wireless Broadband Practices; Pole Attachment Proceeding Replies Extended to October 4; Tentative Agenda Set for September Open Meeting Released

Posted in Accessibility (Persons with Disabilities), Broadband Adoption, Broadband Deployment, Consumer Disclosure Requirements, E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Intercarrier Compensation, Mobile Broadband, Navigation Devices, Privacy and Cybersecurity, Spectrum Initiatives, Tribal Communities

This week the Federal Communications Commission issued three important items related to the National Broadband Plan, and broadband services generally.  On September 1, the Commission issued a Public Notice to initiate a Further Inquiry Into Two Under-Developed Issues In The Open Internet Proceeding (GN Docket No. 09-191, and WC Docket No. 07-52).  The original Open Internet NPRM (which we discussed at length… Continue Reading

UPDATED: Comment Dates Set for Pole Attachment FNPRM….Finally

Posted in Infrastructure (Poles, Conduit and Rights of Way)

At long last, the FCC’s Further Notice of Proposed Rulemaking for Implementation of Section 224 of the Communications Act (pole attachments) was published in the Federal Register this morning, starting the clock for comments and replies.  Initial comments are due on Monday August 16, and replies are due on Monday September 13. The FNPRM, originally adopted… Continue Reading

Reclassification NOI Update – Comment Dates Already Set

Posted in Accessibility (Persons with Disabilities), Broadband Adoption, Broadband Deployment, Consumer Disclosure Requirements, E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Intercarrier Compensation, Mobile Broadband, Navigation Devices, Privacy and Cybersecurity, Spectrum Initiatives, Tribal Communities

This morning the Federal Communications Commission held its monthly open meeting, this time to discuss the Commission’s proposed reclassification efforts for broadband services.  In a three-to-two vote (Commissioners McDowell and Baker dissented), the Notice of Inquiry was adopted, and will seek comment on three ways to regulate broadband – under the Commission’s Title I ancillary authority; under… Continue Reading

NOI on Broadband Reclassification Scheduled for Release at June 17 Open Meeting

Posted in Accessibility (Persons with Disabilities), Broadband Adoption, Broadband Deployment, Consumer Disclosure Requirements, E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Intercarrier Compensation, Mobile Broadband, Navigation Devices, Privacy and Cybersecurity, Spectrum Initiatives, Tribal Communities

This is a reminder that the FCC will hold its next open meeting on Thursday, June 17.  As we noted earlier, and as confirmed by the Commission’s recent Meeting Agenda released this past Friday, this open meeting is expected to be quite entertaining, as it is dedicated to discussing a Notice of Inquiry to initiate… Continue Reading

FCC Agenda for June Open Meeting Dedicated to…Reclassification of Broadband Services

Posted in Accessibility (Persons with Disabilities), Broadband Adoption, Broadband Deployment, Consumer Disclosure Requirements, E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Intercarrier Compensation, Mobile Broadband, Navigation Devices, Privacy and Cybersecurity, Spectrum Initiatives, Tribal Communities

The FCC has released its tentative agenda for its June 17, 2010 open meeting.  Unlike recent agendas for April and May, this one is written such that the June meeting will be dedicated to one, and only one, issue – the reclassification of broadband access service as a telecommunications service.*  According to the agenda, the Commission intends to adopt… Continue Reading