Fcc pole attachment rules 2019. Electronically-Filed Data a.

Fcc pole attachment rules 2019. Oct 21, 2019 · West Virginia PSC Proposes Pole Attachment Rules. Jul 29, 2024 · The FCC hopes the rules will accelerate wireline broadband deployment by addressing infrastructure barriers. Aug 15, 2019 · The FCC's Enforcement Bureau issued a detailed decision this week (MAW Communications, Inc. These rules apply to poles owned by investor-owned utilities and May 25, 2023 · Chairwoman Rosenworcel also corresponded not so long ago with U. S. Is separate from the “Self-help” remedies outlined in the rules 6. 8 Jt. 47 U. ”. 2019) Key Changes to the Application Process in Commission the authority to regulate the rates, terms, and conditions of pole attachments. Since Jul 31, 2019 · Three Pole Attachment Claims Progress under FCC’s New Complaint Proceedings. v. See First Order, 35 FCC Rcd at 5328-31, paras. This document provides the Report Definition s for the FCC ARMIS Report 43-01, the ARMIS Annual Summary Report , and for the Pole and Conduit Rental Calculation Information (“pole attachment data”) Report, which certain carriers must file as a condition of forbearance from the obligation to file the full ARMIS Report 43 -01. 1411(g)) Standard pole attachment requests are orders up to the lesser of 300 poles or 5 percent of the utility’s poles in a state. Implementation of Section 703(e) of the Telecommunications Act of 1996 Amendment of the Commision's Rules and Policies Governing Pole Attachments Jun 14, 2022 · On June 13, 2022, the FCC provided notice that the State of Florida has become the 24 th state (including the District of Columbia) to certify state-level regulatory jurisdiction over rates, terms, and conditions for pole attachments. Section 224 authorizes the states to regulate pole attachments but, in those instances 2017 Pole Attachment S urvey Result s (April 2020) Fact Sheet: Rural Broadband and Pole Attachment Fees (March 2021) White Paper: Rural Electric Cooperatives—Pole Attachment Policies and Issues (June 2019) NRECA, EEI, and UTC File Amicus in Support of Utility Challenges to FCC Pole Attachment Order (July 2019) Apr 19, 2019 · OTMR pole attachments. No. 2. The Commission proposed to adopt the FCC pole attachment rules and to create a working group to address future changes in FCC rules. The . 12 On the same day, it paid the principal amount of the 2017 invoice. the item, whichever is later). Sep 9, 2019 · On August 29, 2019, the Pennsylvania Public Utility Commission (PPUC) voted 4-1 to exercise jurisdiction over pole attachments and to adopt, wholesale, the FCC's pole attachment rules, including the recently implemented one-touch make-ready and over-lashing regulations as well as the federal definitions of "pole attachment" and Dec 18, 2023 · pole attachment issues through this reverse-preemption mechanism allowed under federal law. This article was co-written with Katapult COO, Andrew Bryden, and represents the final installment in our series about OTMR (One-Touch Make Ready) practices and other new changes to the FCC pole attachment timelines. 2 Based on our review of the record, we concluded that the rates Potomac Edison charged Verizon for attachments to Potomac Edison’s utility poles were unjust and unreasonable and prescribed a maximum pole attachment rate Potomac E dison may charge Verizon. Specifically, the new pole attachment access rules that become effective today: · Permit new attachers to elect an OTMR process for simple make-ready for wireline attachments in the “communications space” on a pole. Mar 30, 2022 · unreasonable under section 224 of the Act and the Commi ssion’s rules and orders . All ARMIS reports and pole attachment data must be submitted in a machine-searchable, reader-friendly file format. Representatives of the group met with aides to FCC Chairwoman Jessica Rosenworcel and Commissioner Brendan Carr, according… in only those states that chose not to regulate pole attachments, but rather defer, under Section 224 of the Pole Attachment Act (PAA), to FCC rules. 18. Text . In the past year, the Federal Communications Commission (“FCC”) made numerous changes to the way that pole attachment complaints are governed as they pertain to setting the rates that incumbent local exchange carriers (“ILECs”) are charged for pole attachments. § 251 (b) (4) - common carriers have a duty to afford competing carriers access to the poles, ducts, conduits, and rights-of-way on terms consistent with section 224 of the Act. Pole attachment reform draws mixed industry response. The cable industry was then in its fledgling stage, and Congress believed that federal pole-attachment legislation was necessary to protect jurisdiction over pole attachment issues in Pennsylvania under federal law. 1 47 U. BACKGROUND Currently, the Federal Communications Commission (FCC) regulates pole attachments in West Virginia pursuant to the Pole Attachment Act (PAA), 47 U. Large pole attachment requests are orders up to the lesser of 3000 poles or 5 percent of a utility’s poles in a state. 1412 to select utility-approved contractors to perform pole attachment-related work, when required. Federal Pole Attachment Regulations Summary Several times since 2010, the Federal Communications Com-mission (FCC or Commission) has recommended that Congress eliminate the exemption public power utilities and rural electric cooperatives have from FCC regulation of pole attachments under the guise of facilitating broadband deployment. at 5244. Last week the West Virginia Public Service Commission issued a Commission Order seeking comment on proposed pole attachment regulations. In 2019, New York’s public service commission reformed its pole attachment rules to govern the rates, time frames, and procedures applied to pole That They Regulate Pole Attachments, WC Docket No. July 31, 2019. The Commission also made significant modifications to its existing multi-party pole attachment process and to its rules on overlashing and pole attachment Aug 12, 2019 · EB grants MAW Communications' pole attachment complaint against finding that PPL violated the FCC's rules by refusing to process 2019. The FCC even noted that limitation in a footnote in its December 2023 pole attachment order. Ray@fcc. at para. The rules established the Rapid Broadband Assessment Team or RBAT to address pole attachment disputes quickly and provide information to communications providers about the utility poles they plan to use. 2018 Pole Attachment Order. and accompanying rules went into effect on March 11, 2019. Pole attachers will use the information collected under this revision to 47 CFR 1. Under the FCC’s “reverse preemption” framework for its pole attachment rules, Florida’s certification Therefore, the rules are effective as of today, May 20, 2019. States That Have Certified That They Regulate Pole Attachments, WC Docket No. ” It also allowed states to become self-certified by developing their rates, terms, and guidelines for utility pole attachments. Pole attachers and utilities will use the information collected under this revision to 47 CFR 1. It’s worth noting that these rules don’t apply to everybody. " As explained by the FCC, requiring attachers The FCC released rules that update the forumula for calculating "pole attachment" fees that are generally paid by cable systems and telecommunications carriers who lease space from utility companies on poles or in ducts, conduits, or rights-of-way. Rep. 13 FCC Pole Attachment Rate Harmonization Order at para 29. Investment, WC Docket No. Rights and Responsibilities: Breaking It Down Previous Attachers: Companies who already have equipment attached on the poles have a reduced role in the entire process but retain important rights. Electronically-Filed Data a. Jun 1, 2023 · Chairwoman Rosenworcel also corresponded not so long ago with U. 4. See First Order, 35 FCC Rcd at 5326, para. Filing ARMIS Reports and Pole Attachment Data in ECFS 1. 4 Therefore, the rules are effective as of today, May 20, 2019. 10 See Jt. 24-25. May 20, 2019 · One-Touch-Make-Ready Rules for Pole Attachments Effective May 20, 2019 Full Title : Wireline Competition Bureau Announces Effective Date of Order Instituting One-Touch-Make-Ready Regime for Pole Attachments Jul 29, 2024 · On July 26, 2024, the Federal Communications Commission (“FCC”) issued a Public Notice announcing that new pole attachment rules, which the FCC adopted in a December 2023 Report and Order, are effective as of July 25, 2024. Of particular import, the FCC created a “New Telecom 3. Comprehensively revised pole attachment rules to improve the efficiency and reduce the potentially excessive costs of deploying telecommunications, cable, and broadband networks, in order to accelerate broadband buildout § 224(c). • The benefits of returning to the light -touch information service classification adopted in the Restoring Internet Freedom Order far outweigh the limited potential negative effects resulting from the loss of section 224 pole attachment rights for broadband-only Internet Service Providers. Is not available for pole replacements 4. “Our members have found that the best way to expedite a large make-ready order is through advanced planning and coordination of all relevant companies and through . 13. ” The Commission initiates a general investigation into the adoption of rules governing pole attachment procedures as required by W. Applies only to attachments requiring “simple” make-ready in the Communications Space, where “simple” is defined by the pole owner 5. 11 Jt rules, is likely to adversely impact public safety. To date, 23 states and the District of Columbia have opted out of Commission regulation of pole attachments in their jurisdictions. 7 See 2018 Wireline Infrastructure Order, 33 FCC Rcd at 7706, para. 1 Since 2011, the Commission has undertaken a series of reforms of its pole attachment rules with the aim of making access to poles faster, easier, safer, more predictable, and more affordable to help speed the deployment That They Regulate Pole Attachments, WC Docket No. § 224(a)(4). 10 n. In March, the state legislature passed Senate Bill 3, which granted the PSC regulatory jurisdiction and required it to adopt the FCC’s pole attachment PPL to provide detailed make-ready cost estimates on a per-pole basis, consistent with the FCC’s August 3, 2018 Pole Attachment Order. Va. 10 Id. 1415 to inform utilities, when required, of an Sep 19, 2024 · CTIA asked the FCC to act on its 2019 petition seeking clarity of pole attachment rules under Section 224 of the Communications Act. WCB reaffirms past Commission decisions authorizing attachers and utilities to negotiate "superior solutions" in pole attachment agreements, even if such terms compromise certain conditions of public power pole attachments. In the specific context of pole attachment timelines, we use the term “pole attachment” to refer only to utility poles (and not to attachments to ducts, conduits, or rights of way). In the FCC 2018 Poles Order, the FCC most notably Adopted rules on pole attachment rates. 29 (citing S. The new rules will go into effect soon after being published in the federal register. The Commission also made significant modifications to its existing multi-party pole attachment process and to its rules on overlashing and pole attachment Dec 15, 2023 · In its 2018 Wireline Infrastructure Order, the FCC ruled that pole owners may not charge new attachers for the cost of replacing "red-tagged" poles. /9 Section 224(c)(3)(A) provides that “a State shall not be considered to regulate the rates, terms, and conditions for pole attachments . Jun 5, 2023 · The FPSC’s implementing regulations, in turn provide that, if a pole attachment complaint is filed, the FPSC will apply the rates, terms, and conditions using the FCC’s rules and orders, unless a party establishes by competent substantial evidence that an alternative, cost-based rate is “just and reasonable and in the public interest. Overview of Attachment Guidelines. 20; Pole Attachment Agreement at 20-21, sections 9. When the 1978 Pole Attachment Act (47 U. ” Answer at 22. . See 2011 Pole Attachment Order, 26 FCC Rcd. 10-101, Public Notice, 35 FCC Rcd 2784 (WCB 2020). 530, the Accelerating Broadband Development by Empowering Local Communities Act of 2019, to overturn the FCC’s September 2018 R&O that allows the FCC to preempt state and local pole attachment laws and agreements. States, how-ever, can decide to assert jurisdiction to regulate pole attachments under the ‘‘reverse preemption’’ provisions of Section 224. C. 580, 95th Congress, 1st Sess. 12 Id. Bureau/Office: Dec 18, 2023 · First among the FCC’s new rules is the creation of a new intra-agency (and multi-bureau) “rapid response team” to resolve pole attachment disputes that “impede or delay broadband deployment. Federal Communications Commission 45 L Street NE Sep 16, 2019 · The wireless industry continues to push for almost tariff-like regulation of communications attachments on utility poles. Historical Background on FCC Pole Rate Regulation Congress first addressed pole attachments in the Pole Attachment Act of 1978, which added Section 224 to the Communications Act. Nov 13, 2018 · The FCC is allowing OTMR for simple attachments placed on the middle section of a utility pole, known as the communications space. 13 Case 03-M-0432, Proceeding on Motion of the Commission Concerning Certain Pole . Congressional Action In January 2019, Representative Anna Eshoo (D-CA) introduced H. See First Order, 35 FCC Rcd at 5327, para. Accordingly, it remains to be seen whether the new rules will significantly improve wireless broadband as such equipment (e. The FCC's pole attachment rules have succeeded in promoting deployment in the 30 states and Territories subject to federal jurisdiction. Dubbing this new access dispute team the “Rapid Broadband Assessment Team” (“RBAT”), the FCC borrowed heavily from Maine Public Utility Commission the authority to regulate the rates, terms, and conditions of pole attachments. See 47 CFR § 1. 17-84, Declaratory Ruling, 36 FCC Rcd 776 (WCB 2021) (2021 Pole Replacement Declaratory Ruling). The Commission’s pole attachment rules currently only About the FCC About the FCC . Code $3 1G-4-4. 13 Also on the same day, FPL filed a complaint, now Aug 9, 2019 · Rico, the FCC's rules govern the rates, terms, and conditions of pole attachments. See also . Bureau(s): Wireline Competition. Ensuring that those rules continue in force and effect is important to conditions of public power pole attachments. Jul 16, 2019 · Section 224(c) allows a state to preempt Commission jurisdiction over rates, terms, and conditions, or access to poles by taking the actions specified in that section. On July 1, 2019, AT&T filed a complaint with the Commission seeking a reduced pole attachment rate under the Commission’s 2011 and 2018 Pole Attachment Orders. unless the State has issued and Standard, Large, and Larger Pole Attachment Requests Defined (47 CFR § 1. Must be elected in advance, in writing conditions of public power pole attachments. Specifically, the new pole attachment access rules that become effective today: Permit new attachers to elect an OTMR process for simple make-ready for wireline attachments in the communications space on a pole. For the purposes of filing ARMIS reports and pole attachment data, machine-searchable is defined to mean a format that is searchable by computer. 1413(b) (discussing the presumption). § 224 - the Commission has authority to ensure the justness and reasonableness of rates, terms, and conditions for pole attachments. 2, 9. gov. 530, the Accelerating Broadband Development by Empower-ing Local Communities Act of 2019, to overturn the FCC’s September 2018 R&O that allows the FCC to preempt state and local pole attachment laws and agreements. at 19-21 (1977) at 13). Issued On: Aug 12, 2019 Plan for Our Future, FCC 15-151 (November 17, 2015) (“FCC Pole Attachment Rate Harmonization Order”) at paras. (202) 418-0357 or Michael. 2 See Crown Castle Wireline NPRM Comments at 1-2; Mobilitie Wireline NPRM Comments at 7-8; Sprint Wireline Feb 22, 2019 · Katapult logo with “OTMR Blog Series” overlaid a blurry photo of a telephone pole. Dec 4, 2023 · After more than three years of consideration, amidst the largest federal and state investment in broadband deployment, and anticipating disputes between broadband providers and utility pole owners concerning the terms and conditions of new attachments particularly in broadband expansion areas, the Federal Communications Commission (“FCC”) has released a new pole-attachment order If adopted May 6, 2024 · Until now, however, only cable and telecommunications providers – not broadband-only internet service providers – were entitled to the pole access protections guaranteed by Section 224 of the Act and the FCC’s pole attachment rules. 19. In March 2019, the West Virginia legislature preempted Mar 18, 2022 · States have sought to revise their pole attachment rules to establish reasonable attachment rates for cable operators renting pole space for electric service cooperatives and municipal pole owners. Senator Shelley Moore Capito of West Virginia (a state that took back pole attachment regulation from the FCC in 2019), who had written to the FCC to highlight what the senator described as "outdated regulations" that "stand in the way" of broadband expansion in that state Aug 7, 2018 · The FCC’s new pole attachment rules appear to do more for streamlining the deployment process of wireline attachments – as opposed to wireless attachments which are just as essential to the success of 5G deployment. 1 Since 2011, the Commission has undertaken a series of reforms of its pole attachment rules with the aim of making access to poles faster, easier, safer, more predictable, and more affordable to help speed the deployment 2018 Pole Attachment Order). 32 C. Statement at 1, para. PPL Electric Utilities Corporation, DA 19-771) addressing the relative rights and responsibilities of a pole-owning electric utility and a telecommunications carrier for the carrier's unauthorized attachment to the utility's poles, the carrier's refusal to pay an invoice for the utility's make-ready Apr 19, 2019 · SUPPLEMENTARY INFORMATION: This document announces that, on April 15, 2019, OMB approved, for a period of three years, the information collection requirements relating to the pole attachment access rules contained in the Commission's Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, Third Report and Order and Declaratory Ruling, FCC 18-111, published Jul 26, 2024 · WCB Announces Effective Date for Pole Attachment Access Rules. The new rules – which we described in a prior blog post – are intended to “speed broadband deployment by making 47 U. Oct 30, 2024 · Patel explained that the FCC’s current rules for large orders — those involving more than 3,000 poles — reflect a flexible approach that USTelecom members find effective. 10-101, Public Notice, 37 FCC Rcd 6724 (WCB 2022). Code § 224) was written, it gave the FCC power to “regulate rates, terms, and conditions for pole attachments. § 224. R. 4. 3 Sep 21, 2023 · Federal Communications Commission (FCC) comprehensively revised its pole attachment rules so that similarly situated telecommunications providers would pay similar pole attachment rates for comparable access. 9 Jt. Dec 18, 2023 · After a three-year investigation, the FCC adopted changes to its pole attachment rules at the December 2023 monthly meeting. 11 Consolidated May 24 Comments at 2. Dec 13, 2023 · To date, the FCC has received a total of 4,227 comments on its pole attachment proceeding. 14-17. Despite prior statements by the FCC POLE ATTACHMENT REFORM PAGE 3 OF 8 Pursuant to that authority, the FCC recently found that “utilities throughout the country have disparate and inconsistent practices with regard to cost responsibility Aug 3, 2020 · The Declaratory Ruling denies CTIA's request for an outright prohibition on pole attachment agreement terms that conflict with the Commission's pole attachment rules. In January 2019, Representative Anna Eshoo (D-CA) introduced H. At that time, the FCC defined a red-tagged pole as one that is "found to be non-compliant with safety standards and placed on a replacement schedule. Attachment Issues, Order Adopting Policy Statement on Pole Attachments (issued August 6, 2004) (the 2004 Pole Order). 4 Note that section 224(c) of the Communications Act of 1934, as amended (the Act), exempts from Commission jurisdiction those pole attachments in states that have elected to regulate pole attachments themselves. Senator Shelley Moore Capito of West Virginia (a state that took back pole attachment regulation from the FCC in 2019), who had written to the FCC to highlight what the senator described as “outdated regulations” that “stand in the way” of broadband expansion in that Sep 30, 2021 · In its 2018 Pole Attachment Order, the FCC adopted a rebuttable presumption that ILECs in new or newly-renewed agreements are “similarly situated to other telecommunications attachers” and thus subject to the FCC’s rules and orders, including “just and reasonable” rates as required by Section 224(b)(1) of the Federal Communications Act. 47 CFR § 1. Document Type: Public Notice. 1411(a). that it has rules in place to regulate pole attachments and that, in so regulating, the state takes into consideration both communications subscribers being served by pole attachments, as well as the utility pole owner’s customers. Congressional Action. Pole Attachments Timeline Rules Take Effect. See Pole Attachment Agreement. Leading up to today’s final vote, industry groups and ISPs submitted divided comments on changes they sought for the FCC's initial 91-page proposal on pole attachment reform, which was published in November. g A. . DA/FCC #: DA-11-1187. 17. Statement at 3, para. 3. FCC Attachment Timeline Comparison (2011 vs. yto mlvwacy qrsrm ulbya zlyn osaxvqy xycpq makl wogis kizj