Broadband pole attachments 0201 Contracts for Pole Attachments 253. See Appendix A – Explanation of Make-Ready Work and Pole Replacement for additional general the authority to regulate the rates, terms, and conditions of pole attachments. (R-FL) circulated a committee-drafted bill that would regulate attachments by broadband service providers to poles located in rights-of-way owned by utility pole owners, as well as impose “shot clocks Incenting Rural Broadband with BEAD. ” The basic method is that the In the NCTA pole attachment filing on which Charter wants the FCC to act, the association asked the commission for a declaratory ruling stating that entities attaching to a pole should be presumed on pole attachments in 2018: An order in August imposing new pole access requirements on wireline attachments—i. Unfortunately, North Carolina law makes it pole attachments in 30 states. Post tagged in Infrastructure utility poles Massachusetts GoNetspeed Richard Clark Jamie Hoare FCC Connecticut Maine New York BEAD Maria Browne Davis Wright Tremaine LLP MBI DPU Department of Telecommunications and In what commission Chairwoman Jessica Rosenworcel said is an effort to reduce friction for the Infrastructure, Investment and Jobs Act’s $42. The rate for leasing excess fiber A. Importantly, the utilities did not challenge the OTMR rules themselves. Access to the Internet for pole attachments in any case where such matters are regulated by a State. The FCC is currently considering whether it should adopt a uniform rate for pole attachment services for broadband services. As broadband providers deploy infrastructure in remote areas, utility poles are critical resources. The Public Service Commission (Commission) shares that goal. 2021-180 as amended by S. 0202 Rates, Terms, and Conditions for Pole Attachment 253. November 18, 2019). Leading up to today’s final vote, industry groups and ISPs CHARLESTON – West Virginia has the federal money for broadband expansion. Minimum Clearance: • Driveways / Parking lots – Clearance is 16’ • County roads – Clearance is 18’ • State roads – Clearance is 18’ This article was published in the August 2023 edition of Texas Co-op Power Magazine. Broadband leaders across the country have long called specific attention to delays and excessive costs regarding pole attachments as a key impediment to efficient broadband deployment. They did, however, challenge the related self-help rules for complex make-ready that allow new attachers to use a utility-approved contractor to perform work in the electric space using approved utilities’ pole attachments despite the clear language in section 224 that public power utility poles are exempt from FCC regulation. Communications service providers deploying Building broadband in rural areas is challenging and expensive. 5 feet of “usable” Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, Fourth Report and Order. HARRISBURG – The Pennsylvania Public Utility Commission (PUC) today approved the adoption of two new federal regulations designed to expedite broadband deployment across the Commonwealth, ensuring that unserved and Utility poles are used to support electrical transmission, cable television, and phone lines. “Altice is currently attempting to build out a network in a territory with poles owned by a very well-known, large power company that enforces a limit of 50 poles per application but that will not The program began on May 26, 2021. Quasi-public agencies, such as TVA. The applications are in from internet service providers to begin running fiber lines to areas of the state either unserved or underserved by high-speed internet. December 13, 2023. Code 224) was written, it gave the FCC power to “regulate rates, terms, and conditions for pole attachments. Today’s changes include ensuring more concrete time frames to facilitate resolution of pole attachment disputes, creating a working group of stakeholders to pole attachment review process (often called “shot clocks”) and to automatically approve a carrier’s application if the utility fails to meet a deadline (often called “deemed approved”). Hayes wrote to Fierce Telecom, saying that many of his company’s projects were initially designed for aerial but had to be Recognizing the importance of pole attachments to expanding high-speed internet access and communications networks across the country – especially amid the largest ever federal investment in broadband deployment – the FCC has, over the years, undertaken a series of reforms to its pole attachment and access rules. This program creates a special fund to reimburse broadband providers (communications service providers) for eligible pole replacement costs in connection with qualified projects. to a pole But some industry experts have reservations about aerial fiber. ”6 Ever since, the electric utility industry has 3 As used in the Act and this Paper, “pole attachments” or “pole” refers to a myriad of physical assets, namely, “any attachment . . FCC Chairwoman Jessica Rosenworcel recently called pole attachments “an essential part of our effort to ensure that Two days ago, the FCC voted on changes to the attachments process to make broadband deployment faster and more transparent between pole owners and attachers. broadband pole replacement fund is created as a fund in the state USE OF POLE ATTACHMENTS FOR MULTIPLE SERVICES. The FCC plays a pivotal role in regulating pole attachments, balancing the needs of utility pole owners with those of various attachers, including broadband and telecommunications providers. 16. (Photo/MetroNews) CHARLESTON, W. The Commission fundamentally reformed the federal framework governing pole attachments by adopting a process in which the new attacher moves existing In 2023, the FCC adopted two new pole attachment regulations: (1) one mandating that utilities provide cyclical pole inspection reports to attachers upon request; and (2) another enhancing dispute resolution procedures for pole attachments, prioritizing and expediting the resolution of pole attachment disputes that may impede broadband FOR MUNICIPAL BROADBAND SERVICES. 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 Key to these broadband projects are the utility poles that support the wires and the wireless equipment carrying broadband to American homes and businesses. To reduce conflicts between utilities and Internet access providers, new rules will be implemented for pole attachments. 0402 - Abandoned Pole Attachments; Removal (a) A broadband provider that receives a written request from an electric cooperative to remove an abandoned pole attachment owned by the provider from a pole owned by the cooperative shall remove the attachment not later than the 60th day after the date the provider receives the request. The National Broadband Plan reversed The Commission tentatively concludes that it will promote broadband deployment and technological neutrality by requiring all categories of companies to pay the same pole attachment rate for all pole attachments used for broadband Internet access service, and the NPRM seeks comment on the possible economic effect on small entities of adopting Section 253. 2022-6. 5-foot pole has 13. 5 billion broadband expansion program, the Rapid Broadband Assessment Application for Pole Access 253. But rules for installing those fiber lines quickly on poles owned by utilities are still being developed. Refreshed: 2023-07-23 Use of Pole Attachments for Multiple Services 253. WASHINGTON, July 29, 2024 – A federal agency said last This page highlights various resources related to pole attachment issues that cooperatives may be facing in their states. These new rules will allow for faster resolution of pole attachment disputes and provide pole attachers with more detailed information about the poles they plan to use as part of their broadband buildouts. This has contributed to a situation in which electrical cooper- WASHINGTON, October 4, 2023 – Representatives from broadband and utility company trade groups disagreed on pole attachment issues at a Broadband Breakfast Live Online event on Wednesday. PUC Pole Attachment Rulemaking 10 •Rulemaking to assert %PDF-1. Weimer, Ryan E. In addition, make-ready processes and economic incentives can complicate efforts to expand high-speed internet -- and rules aren’t always enough, a panel of state Pole Attachments “The deployment of broadband internet speeds is as essential to all Pennsylvanians, especially those in rural areas, as was electricity in the 1930s. In fact, it remains such a critical issue that federal employees, industry representatives, and community When the 1978 Pole Attachment Act (47 U. When Section 224 was first enacted in 1978, it provided a specific rate for pole attachments used to provide “cable television service. Several pole owners have imposed unreasonable requirements on Charter as it plans to deploy broadband to unserved rural A request to negotiate a new pole attachment contract or to amend, modify, or renew a contract pertaining to pole attachments by a broadband provider or an electric cooperative must be made in writing. SUMMARY This bill requires the Public Utilities Regulatory Authority (PURA) to adopt regulations establishing a process for public utility pole attachments, including fifth-generation telecommunications infrastructure (i. (ILECs) for pole attachments have increased even as the pole attachment rates paid by other competitive carriers and cable companies have significantly decreased. C. 0102 Use of Pole Attachments for Multiple Services 253. This post was updated July 26, 2024. 4 million broadband Internet customers, also pointed to arbitrary limits some utilities impose on pole applications. The course addresses common misconceptions of pole attachments and joint use and provides comprehensive insights to facilitate safe and efficient access to poles for broadband infrastructure. Court of Appeals for the Sixth Circuit to put the rules on ice last month while the case played out. Federal Communications Commission 45 L Street NE Washington, DC 20554. Chairwoman Rosenworcel wrote back to the three Ohio Congressman stating that Commission staff is still reviewing the record in the pole attachment rulemaking proceeding, but the FCC fully understands that "[g]aining access to poles in a quick, predictable, and affordable way can help speed the deployment of broadband infrastructure, including SUMMARY: In this document, the Federal Communications Commission (Commission) establishes rules creating a new process for the Commission's review and assessment of pole attachment disputes that impede or delay broadband deployment in order to expedite resolution of such disputes, and providing communications providers with information PUC Broadband Initiatives: Pole Attachments “The deployment of broadband internet speeds is as essential to all Pennsylvanians, especially those in rural areas, as was electricity in the 1930s. Sec. I attended a second time with greater knowledge seeking additional information and experience in establishing agreements for attachment. A large infusion of government funding caused a surge in the number of broadband deployment projects in Virginia Statement on FCC Rules for Pole Attachments. 1505), Sec. , Order Establishing Updated Pole Attachment Rates with Modifications (issued . Access to the Internet is critical for education, healthcare and economic opportunity. The incumbent broadband providers, telephone and cable This post was updated July 26, 2024. Unfortunately, these entities can over pole attachments,13 some jurisdictions are inconsistent in how different pole owners are regulated. , Ch. Get er Built. DUO Broadband Pole Attachment Standards Unless otherwise specified below, all attachments must comply with Attachment Specifications in the Company’s tariff that governs pole attachments. The FCC addressed various issues with pole attachment, including "red tagging," easement information sharing, and Skip to content Topics 5G Fiber Broadband Fixed Wireless M&A Market Research In 2008, the Department of Public Utilities Control (DPUC) passed the DPUC Review of the State’s Public Utility Service Pole Make-Ready Procedures – Phase I, which established 90-day time interval for utility pole attachments Broadband leaders across the country have long called specific attention to delays and excessive costs regarding pole attachments as a key impediment to efficient broadband deployment. “USTelecom members are working hard every day to get broadband to every corner of our New Rules Cut Dispute Resolution Timelines over Pole Attachments, Supporting Faster Broadband Rollout Across the State. Explanation of Make-Ready Work and Pole Replacement . There were other problems with the old law. Keith Hayes is CEO of IMMCO, a company that designs rural networks, including networks funded with RDOF monies. The EMCs proposed the “One Buck Deal” in October. New York has taken a When utility poles lack space for additional attachments, a pole replacement is required to accommodate the additional infrastructure attachments. 0403 Easements Waiting for Broadband Access: The Pole Access and Replacement Timeline, Connect the Future, April 2022; Advancing Pole Attachment Policies to Accelerate National Broadband Buildout, Connect the Future, November 2021; Utility Pole Policy: A Cost-Effective Prescription for Achieving Full Broadband Access in North Carolina, NCCTA, August 18, 2021 Challenges in Pole Attachments One of the primary points of contention in pole attachments is the delays associated with large pole orders, particularly orders that exceed 3,000 poles. Access to poles in a quick, easy, safe, predictable, and affordable way can help speed the deployment of broadband infrastructure and enhance the ability of utilities and attachers to successfully negotiate pole attachment agreements. Based on Ramsey pricing principles, we find that while historical 10-29-2024 Fast-Tracking Broadband Deployment: How Can States Streamline Pole Attachments Tell a Friend 10/29/2024: When: 2:00 - 4:00 pm: Where: Virtual via the Zoom Platform 4:00 p. According to the UTC, these delays are often a result of insufficient resources, such as a shortage of qualified contractors, which makes timely pole delivery a WASHINGTON, August 2, 2018 – Local representatives and telecommunications providers faced off at last Thursday’s meeting of the Broadband Deployment Advisory Committee meeting on regulatory barriers to new pole attachments and wireless facilities. 2 billion federally funded Content tagged with "pole attachments" Displaying 1 - 10 of 41 Lancaster, PA Shutters ‘Free’ Muni-Network In Pivot To Shentel Fiber Partnership. 0402 Abandoned Pole Attachments 253. On July 26 and 27, the Federal Communications Commission hosted a Broadband Development Advisory Committee Lawmakers are also urging the FCC to take action on pole attachments. Link . FACT: Even when offered discounted or free pole attachment rates, for-profit ALBANY — To help facilitate the deployment of high-speed broadband and wireless cellular services, the New York State Public Service Commission (Commission) today modified its rules regarding pole attachments. “Each pole Broadband trade associations challenging the move in court convinced a panel of the U. The Infrastructure Investment and Jobs Act (IIJA) allocated $42. Participants will gain valuable knowledge on topics such as: Make-ready processes; Pole attachment rates; Enforcement; Key contractual considerations Many deployment projects have been delayed because of challenges attaching broadband to utility poles and obtaining necessary permits. CHARLESTON — West Virginia has the federal money for broadband expansion. Post tagged in Infrastructure utility poles Massachusetts GoNetspeed Richard Clark Jamie Hoare FCC Connecticut Maine New York BEAD Maria Browne Davis Wright Tremaine LLP MBI DPU Department of Telecommunications and Rescue Plan Act (ARPA) funds in the Broadband Pole Replacement program (the program) established under S. e. (e) A request to negotiate a new pole attachment contract or to amend, modify, or renew a contract pertaining to pole attachments by a broadband provider or an electric cooperative must be made in writing. For a bit of context, Fiber Broadband Association CEO Gary Bolton told Fierce that like pole attachments, railroad crossings are a “challenge” for fiber providers. The revised rules take several important to poles must be swift, predictable, safe, and affordable. Last month, the Kentucky Public Service Commission (PSC) adopted several new measures to improve the process of how broadband service providers attach infrastructure to utility poles necessary to provide high-speed internet service to households and business across the Commonwealth. PulicPower. , attachments designed to provide broadband services to buildings; and a September order reducing the time entities can review attachment applications and the fees they can charge for attaching small cellular devices. In October, West Virginia Senator Shelley Moore Capito wrote a letter to the Commission noting she continues to hear “problems and delays” associated with broadband providers getting access to utility poles. Such pole attachment methods include but are not limited to pole-top attachments, strand-mounted attachments, overlashing, boxing and bracketing, extension arms, and temporary attachments. Text . (b) Before the deadline Altice, which serves around 4. The state's regulatory framework for pole attachments is split between investor-owned utilities (IOUs) overseen by the Washington Utilities and Transportation Commission (UTC) and Public Utility Districts (PUDs) that operate independently. The bill also adopts FCC rates, terms and conditions, includes a 90-day make-ready timeframe, and bans pole owners to further reform its pole attachment rules and policies to promote faster and more cost-effective broadband deployment. Message from the Capitol. “Pole access is probably the single largest challenge that this industry is going to Federal Communications Commission FCC releases new pole-attachment order, revising FCC rules and policies governing communications attachments to utility poles. On December 15, 2023, the Federal Communications Commission (FCC) released the text of its long awaited Fourth Report and Order, Declaratory Ruling, and Third Further Notice of Proposed Rulemaking addressing pole replacement cost allocation and other pole access issues that have heretofore hindered timely, 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. Today, the Federal Communications Commission (FCC) voted to adopt a Fourth Report and Order, Declaratory Ruling, and Third Further Notice of Proposed Rulemaking on pole attachments. A broadband provider that attaches a pole attachment under this chapter may use the attachment for any service delivered over the provider's facilities, including cable service. Texas Statutes Title 5, Provisions Affecting the Operation of Utility Facilities; Chapter 253, Broadband Attachments to Electric Cooperative's Distribution Poles. The FCC for years has deliberated on issues such as cost sharing between pole owners and attachers as well as Our experienced attorneys help clients navigate the complex regulatory landscape surrounding pole attachments, ensuring compliance and facilitating efficient broadband deployment. S. How to Streamline Your Business Using AI, Automation & Analytics. 72 proposed at the beginning of Tuesday’s PSC meeting by Commissioner Tim Echols but more than the $20 per pole providers State broadband regulators and industry officials highlighted efforts at addressing pole attachment processes to facilitate broadband deployment Tuesday. 3, eff. In fact, it remains such a critical issue that federal employees, industry representatives, and community leaders recently gathered for a Poles Symposium hosted last Directs the Public Service Commission to promulgate emergency administrative regulations on utility pole attachments for broadband service providers that will address the backlog of pole attachment requests; establishes CHARLESTON — West Virginia has the federal money for broadband expansion. We assist clients in understanding and adhering to the Federal Communications Commission’s (FCC) pole attachment rules and regulations. Va. 0203 Contract Negotiations and Mediation 253. Nondiscriminatory Access; Modification or Replacement to Accommodate Attachment 253. , 5G) and fiber wires for high-speed broadband 8 telecommunications carrier, broadband internet provider, or governmental unit to a pole 9 owned or controlled by a utility. Others illegally confined fiber attachments to networks that only provided “government use” in order to prevent competition. That constitutes the largest federal broadband spending program and is the latest attempt to bridge the “digital divide. "Pole replacements triggered by attachment requests are rare, and there is no evidence that the need for pole replacements adversely affects broadband infrastructure deployment,” AT&T said. Providing a dispute forum for pole The PSC also issued new rules requiring pole owners to consider alternative attachment methods to facilitate the expansion of high-speed broadband. — West Virginia is on the verge of a $1. In fact, it remains such a critical issue that federal employees, industry representatives, and community leaders recently gathered for a Poles Symposium hosted WASHINGTON, November 28, 2023 – The Federal Communications Commission is considering setting up a “rapid response team” to resolve pole attachment disputes, according to a public draft of the proposed rules. ElectriCities supports broadband expansion to enhance the prosperity and livability of North Carolina’s communities and to further modernize the operation of electric utilities. 4 percent is based on the assumption that a 37. To date, the FCC has received a total of 4,227 comments on its pole attachment proceeding. 2 In this Second Further Notice of Proposed Rulemaking (Second Further Notice), 1 47 U. It argued that because both parties benefit, both should contribute to the costs associated. Applicability: Most pole attachment policies exempt municipal and cooperative utilities. ” Rescue Plan Act (ARPA) funds in the Broadband Pole Replacement program (the program) established under S. 2, can also regulate pole attachments. Pole Attachments, Rights of Way, Interconnection & Railroads. broadband industry have expressed concern that the make-ready work required to prepare utility poles for new attachments could stifle the timely deployment of networks. After a lengthy rulemaking process conducted pursuant to a legislative directive from the New York State Assembly, the New York State Public Service Commission (PSC) entered an Order adopting modified pole attachment rules to help facilitate the deployment of high-speed broadband and wireless cellular services. Historically, disputes over pole attachment rates, replacement costs, and access timelines have hindered the swift deployment of broadband infrastructure. Reasonable and timely access to pole attachments that help bring fiber to communities is an essential component of this work. These new rules will allow for faster resolution of pole Section 224 of the Act governs the FCC’s regulation of attachments by cable or telecommunications service providers to poles, ducts, conduits, or rights-of-way owned or controlled by investor owned utilities. 0103. ” It also allowed states to become self-certified by developing their rates New speakers are confirmed for the 2024 West Virginia Broadband Summit: Where West Virginia Connects, October 22-23, 2024, in Charleston. ” In late August, the Public Service Commission of West Virginia created a special task force to solve the pole attachment issues and bring together representatives from utility companies and the internet firms. Challenges Utility Pole Attachments Post-Pandemic Realizing the Goals of Widespread Broadband and 5G Deployment October 28, 2021 | Online :: “I first attended with little knowledge on how to incorporate 56 attachments. USTelecom members experience this cost of doing business both as owners of poles and attachers to poles owned by others. Federal and industry officials raised concerns about the impact of pole attachments and replacements as states prepare for NTIA's broadband, equity, access and deployment (BEAD) program. Document Type: Compliance Guide. m. The latter particularly noted in a statement to Fierce “delays, costs and disputes related to pole attachments and replacements have been consistent barriers to our efforts to connect new households and businesses to high-speed Optimum and Suddenlink In Washington state, for instance, local control has exposed several regulatory gaps. ; and, WHEREAS, these towers and poles are essential for the day-to-day reliability of the electricity grid, grid modernization, storm restoration, and grid resilience, Utility Poles and Broadband Deployment. In December 2023, the Commission took steps to speed broadband deployment by making the pole attachment process faster, more transparent, and more cost effective. 455, the "Broadband Pole Attachment Act," would provide access to Nebraska municipalities' and cooperatives' electric utility poles on terms that are similar to and in some cases better than FCC regulations. CONTRACT NEGOTIATIONS AND MEDIATION. B. September 1, 2021. However, for this approach to be successful, regulatory complexities and logistical challenges related to pole attachments must be addressed. On pole attachments, Congress “Pole attachments do not always receive the attention they deserve,” FCC Chairwoman Jessica Rosenworcel “Utility poles are the unsung heroes of broadband deployment,” she said, Recent attention to pole attachments began, oddly enough, with a 2007 effort by former FCC Chairman Kevin Martin to increase the rate that cable operators pay for pole attachments when used for broadband and an effort by electric utilities to apply the higher telecommunications rate for VoIP attachments. 25, 2024 – Utility pole disputes are an evergreen issue before the Federal Communications Commission. The FCC has authority under Section 224 of the Communications Act to review the rates charged for pole attachments to ensure that they are “just and reasonable. With new BEAD funding rolling out this Even in the case of make-ready costs, utility pole owners benefit from pole replacements as much as attachers, said T-Mobile in its comments. A surge in broadband projects in recent years has strained deployment and delayed many projects. Fiber and other communications assets can be attached to utility poles within particular spaces and heights on the pole. (E) An electric cooperative may not share confidential information from an unaffiliated broadband operator or broadband service provider obtained in a pole attachment request and approval process including, but not limited to, requested locations for pole attachments, the locations of customers to be served, or any identifying information Broadband Council says pole attachments agreements are causing the biggest delays. Internet providers, utility companies and West Virginia broadband officials are trying to speed up settling pole attachment disputes that threaten the state’s $1. In the 26 states without their own laws on the issue, the FCC oversees terms of pole attachment deals between telecom providers and utility companies. 3. Phone: 1-888-225-5322. A task [] After a lengthy rulemaking process conducted pursuant to a legislative directive from the New York State Assembly, the New York State Public Service Commission (PSC) entered an Order adopting modified pole attachment rules to help facilitate the deployment of high-speed broadband and wireless cellular services. The challenge confronting policymakers and industry alike is how best to equitably and cost-effectively allocate the expenses associated with pole attachments. by: Dave Thomas, Brian D. 45 billion to the Broadband Equity, Access, and Deployment (BEAD) program. 1, 2024, the annual rate for transmission pole attachments will be $284. org Preserving the Municipal Exemption from Federal Pole Attachment Regulations Regulatory Action In April 2017, the FCC issued two notices of proposed rulemaking (NPRM) and two notices of inquiry (NOI) with the Broadband leaders across the country have long called specific attention to delays and excessive costs regarding pole attachments as a key impediment to efficient broadband deployment. Broadband infrastructure is critical to the growth and expansion of industries, businesses and Pole attachments are often a concern for broadband providers that want to deploy aerial fiber, especially in rural locations. Since access to poles faster, easier, safer, more predictable, and more affordable to help speed the deployment of broadband infrastructure and enhance the ability of utilities and attachers to successfully negotiate pole attachment agreements. “From 2019-2021, AT&T ILECs approved over 137,000 pole attachment requests for wireline facilities on poles in its 21-state ILEC region,” but only 0. Utility poles are key to the Commission’s efforts to support the deployment of broadband infrastructure as those poles support the wires The FCBA State and Local Practice Committee will sponsor a CLE on Tuesday, October 29, 2:00 – 4:00 p. Broadband Council says pole attachments agreements are causing the biggest delays. Added by Acts 2021, 87th Leg. 9. Proceeding (issued March 14, 2019) (March 2019 Order). To promote the fair, orderly, and expeditious and resolution of issues relating to pole attachments, including, but UTC 2018 Resolution: Pole Attachments WHEREAS, the most common visual elements of the utility industry are the transmission towers and utility poles carrying electricity to most every home and business in the U. The FCC But telecom providers cried foul at another provision in the resolution that will force them to pay $27. That’s less than a fee of $34. The new rules reflect an increasing awareness among state leaders that attaching other services to utility poles must be done with safety foremost in mind. The applications are in from internet service providers to begin running fiber lines to areas of the state either In the case of pole attachments needed for broadband deployment, hold up power emanates from the charging of inefficiently high costs and imposing of delays on pole attachers at the upfront end of their planned ready” process The new law also sets forth rights and duties of pole owners and attaching entities with respect to unauthorized pole attachments (including the fee pole owners can charge for such [$500] absent a contract between the parties WASHINGTON, December 13, 2023 – The Federal Communications Commission voted on Wednesday to set up a dedicated team to resolve pole attachment disputes and to expand its definition of a “red tagged” pole. But ISPs have been contracting with utility companies to use their existing poles for broadband Pole attachments serve as the backbone of aerial telecommunications infrastructure, providing support for cables and facilitating their distribution across vast landscapes. 10 (2) “Broadband internet provider” means a person who owns, controls, operates, or Procedure for New Attachers to Request Utility Pole Attachments. Bureau(s): Pole Attachments. During an FCBA webinar (see 2312130044), some mentioned increased coordination among utilities, attachers and other stakeholders to streamline the process and enable faster deployment. 0203. These requirements undermine local control and shift the costs line broadband, ISPs need access to poles, many of which are owned by electric cooperatives, utilities, and municipal governments. As authorized by statute, the purpose of the program is to speed and facilitate the deployment The 1978 Pole Attachment Act allows states to certify that they regulate pole attachments, including rates, terms, and conditions. Roberts , Abraham J. ET entitled Fast-Tracking Broadband Deployment: How Can States Streamline Pole Attachments. , R. Pole access also is essential in the race to deploy fast 5G wireless service, which relies on small cells and wireline backhaul. The Council Closing the digital divide and ensuring that high-speed broadband service is available to all New Yorkers is a crucial goal for the State of New York. Update: May 2024 – Pole attachment activity, and pole replacement to accommodate new broadband service, is still happening in many areas of the TVEC service territory. 0103 Nondiscriminatory Access 253. That’s because every time an operator wants to do a railroad crossing and there’s no existing conduit, they have to contact the railroads that cross the targeted tracks and The FCC’s move was lauded by the likes of NCTA – The Internet & Television Association and Altice USA. On December 15, 2023, after more than three years of consideration, and amid the largest ever federal investment in broadband, the Federal Communications Commission (“FCC”) unanimously voted to further reform its pole attachment rules and policies to promote faster and more cost-effective broadband deployment. 0401 Transfer of Attachments 253. Oftentimes, poles will need to be updated regardless of attachments, it said. According to a presentation at October’s 2024 West Virginia Broadband Summit, most of the utility poles in the state are owned by FirstEnergy (Mon Power and Potomac Edison) or American Electric Power (AEP). Pole Attachment Toolkit Fact Sheet: Pole Attachment 101 (July 2022) FCC clarifies rule for allocating pole replacement costs, adopts new rules aimed at faster dispute resolution, and seeks comment expediting pole access. . Established in House Bill 33 of the 135th General Assembly, the Broadband Pole Replacement and Undergrounding Program will advance broadband access to residences and businesses throughout Ohio by reimbursing the costs of necessary pole replacements, mid-span pole installations, and undergrounding projects that have taken place after July 1, 2023. The wireless industry is continuing to push the agency to protect its access to light poles, and broadband providers are still quarreling with utilities over timelines for large pole attachment requests. The following rates apply to transmission pole attachments and the leasing of excess dark fiber: Effective Sept. Charter pole attachment disputes involve pole owners in several states. Annie Stroud, broadband program director at Generation WV, said attaching cables on poles can cost from $600 to more than $6,000 for utility providers who need to upgrade their poles. MYTH: Electric Cooperative pole attachment fees are a barrier to rural broadband deployment. L. The court further upheld pole attachment rate reform for ILEC attachments. • To deploy wireline broadband networks, cable operators and others must rent space on utility poles However, ISPs have been contracting with utility companies to use their existing poles for broadband internet service. Wherever possible, jurisdictions should align policies for all pole owners and work with these groups to address their specific circumstances and needs. At the same time, we oppose proposals that would subsidize broadband providers by shifting costs to electric customers via unfair pole attachment policies. § 224(b). 3, Federal Communications Commission FCC releases new pole-attachment order, revising FCC rules and policies governing communications attachments to utility poles. 253. Amendment: House Committee Substitute 1 : Summary: Retain original provisions; require the emergency regulations to pertain to pole attachment requests for unserved and underserved areas associated with the BEAD Program and other government-funded broadband initiatives; allow small telephone service providers to participate in docket on utility pole Meanwhile, Connecticut has authorized “boxing” techniques—placing attachments on opposite sides of poles—to avoid costly pole replacements and streamline the attachment process. 5 billion Broadband Equity, Access and Deployment Program and billions more in other funding coming available to close the digital divide, the hearing examined more than 30 proposals that focus on federal, state and local government barriers to rural broadband, such as permitting and reviews. By utilizing existing infrastructure like utility poles, broadband providers can implement cost-effective and timely solutions to expand services to rural and underserved areas. Shanedling of Sheppard, Mullin, Richter & Hampton LLP - FCC Law Legislative Bill No. The 7. Pole attachment reform draws mixed industry response. Several In 1978, Congress passed the Pole Attachment Act, which added section 224 to the Communications Act of 1934, to require the FCC to establish subsidized rates for pole attachments. 659 (H. The new rules – which we described in a prior blog post – are intended to “speed broadband deployment by making the pole attachment process faster, more transparent, and The FCC seeks comment on whether it should modify its rules to enable attachers to access poles more quickly through “self help” when utilities fail to conduct pole attachment surveys, estimates, or prepare poles for Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, Fourth Report and Order. For broadband to be deployed nationwide to all Americans, Internet Service Providers (ISPs) need access to this vital infrastructure, especially utility poles, that With the influx of so much broadband funding, it is imperative that we ensure that attachers can quickly get the attachments they need so that Community-owned public power utilities want their customers to have access to affordable broadband services Local control of public power pole attachments is being falsely portrayed as the main barrier to broadband deployment Local control ensures electric customers do not subsidize for-profit communications companies In the midst of a multibillion dollar federal initiative to connect unserved and underserved households to high-speed internet, major stakeholders in the U. ASL Video Call: 1-844-432-2275. A task [] The 1978 Pole Attachment Act allows states to certify that they regulate pole attachments, including rates, terms, and conditions. — Mon Power and Frontier Communications are proposing amendments to their WASHINGTON, Sept. The revised rules take several important Recognizing the importance of pole attachments to expanding high-speed internet access and communications networks across the country – especially amid the largest ever federal investment in broadband deployment – the FCC has, over the years, undertaken a series of reforms to its pole attachment and access rules. 15 Id. Last fall, the Fiber to the Home Council released guidance on streamlining make-ready policies for pole attachments to accelerate the deployment of high performance broadband networks. When a broadband provider wants to deploy infrastructure like fiber cable, it often must attach it to poles owned by incumbent utility companies. Pole Attachments and the Public Rights of Way (PROW) One of the advantages for incumbent broadband providers that want to to reach customers is the ability to easily and inexpensively deploy new fiber cable onto public infrastructure, such as utility poles and underground conduits. needed to prepare the pole for attachments from a communications service provider. 2011 Pole Attachment Order In recognition that the then-existing disparity in rates among different categories of companies attaching to electric and telephone poles may not be rational, especially in the case of attachments for facilities providing broadband Internet access With the $42. Pennsylvania is in the final steps of shutting down the city’s fledgling municipal broadband network as it pivots to a new public private fiber deployment partnership with Shenandoah Established in House Bill 33 of the 135th General Assembly, the Broadband Pole Replacement and Undergrounding Program will advance broadband access to residences and businesses throughout Ohio by reimbursing the costs of necessary pole replacements, mid-span pole installations, and undergrounding projects that have taken place after July 1, 2023. Everything on a utility pole is carefully and properly constructed to ensure public safety and the integrity of the pole itself. And the cost of pole attachments is a big part of their concern. 2 billion broadband expansion, according to proposals from a closed-door task force obtained by Wireless Pole Attachment Protections, Order Approving Petition in Part and Continuing . “If a pole needs to be replaced to accommodate a new broadband attachment, then the broadband company will bear this cost. For example, on average, ILECs surveyed in the 2017 USTelecom Survey pay investor owned utilities (IOUs) nearly 9 times what ILECs charge Pole Attachments (Really) Douglas Holtz-Eakin. Utility poles may need to be FCC Adopts New Pole Attachment Rules to Promote Broadband Expansion. 0201. Pole Attachments—How it Works Because utility poles can be found almost everywhere, poles are often used to deliver other rates are negotiated between pole owners and attaching parties. 8 (1) All time limits established in this section shall be Pole attachments are essential. Electric cooperatives and municipalities are charging broadband providers way too much for pole attachments, which adversely impacts broadband deployment, network upgrades, and competition in many rural areas. The program will be held virtually via the Zoom platform. Under the resolution, EMCs will charge telecom providers just $1 per year for new pole attachments in areas without broadband service for the next six years, effective July 1. 5 4 0 obj >>>/Group >>> endobj 5 0 obj >stream xœí\[wÛ6 þ+|T÷Ô(î—î“l+©Ï&¶+ËÍî9y¡%ÚæV–¼º¤ÍßèÃþÞ " #&Š}êtO”&¶Fà`ðÍ ¨,¡ðçˆÁ?Æñdú ü'a %† åàe¥I¤%ZQJ™ å šÜ Ã ©-üœ—?‰“þ '€@ã·÷Éíß’ŸáO8C"´çw ¿y^JÒ‚—ÿÉ áÎÂœB Å ˆ)÷É»d‘ O’ ^ áõSÂX2¹Ýñ† 1) Ó fç&a”p OR©“ÉC!ýàU6ËVéü»É¿A B (c)AAIf a broadband provider does not transfer a pole attachment to the new pole before the 31st day after the date specified in the notice, the electric cooperative may transfer the pole attachment to the new pole at the broadband provider ’ s expense, including the cost for the electric cooperative to return to the site. Under the law, public powerutilities and rural electric cooperatives were exempted from this requirement, “because the pole attachment rates charged by Incumbent ISPs began with tactics such as pole attachment agreements with strict terms that limited municipalities’ ability to complete a project in a timely manner. 98 per pole. 71 per pole per year for broadband attachments in areas already served by broadband. uqsb zzpviu rid crgofr dogqr vlgohlh idx xdqqap cpbbb apzj