FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,249
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further proposed that utilities may deny access by contractors to work among the electric lines.4 In
addition, the Commission proposed a staggered payment system for make-ready work; proposed requiring
a schedule of make-ready charges; proposed requiring joint pole owners to designate a single managing
utility; and sought comment on improving the collection and availability of data.5"
16. The Commission also sought comment on whether current rules governing pole
attachment complaints create appropriate incentives for parties to settle or resolve disputes informally,
and whether appropriate remedies are available when parties pursue formal complaints.s6 The Further
Notice sought comment on ways to reduce the existing disparities in pole rental rates and proposed to
address those disparities by reinterpreting the telecom rate formula and by considering the issues
surrounding possible regulation of pole attachments by incumbent local exchange carriers (LECs).57
17. On September 2, 2010, various electric utilities and cable providers filed petitions seeking
clarification or reconsideration of parts of the 2010 Order concerning the nondiscriminatory use of
attachment techniques.58 The petitions ask the Commission to clarify, among other things, whether a
utility must allow attachers to use the same attachment techniques that it uses for itself in the electric
space, and whether a pole owner is free to impose new boxing and extension arm requirements going
forward.59
18. The Commission has held workshops addressing pole attachment issues. On September
28, 2010 the Wireline Competition Bureau convened a workshop to "learn from the experiences and
insights of state regulators regarding the Commission's proposed pole attachment regulations."" On
February 9, 2011, the Commission held a Broadband Acceleration Conference that brought together
leaders from federal, state, and local governments; broadband providers; telecommunications carriers;
tower companies; equipment suppliers; and utility companies to identify opportunities to reduce
regulatory and other barriers to broadband build-out.6' At this conference, the Commission announced its
Broadband Acceleration Initiative: an agenda for work inside the Commission, with our partners in
54 Id. at 11894-95, para. 69.
55 Id. at 11895-97, paras. 70-77.
56 Id at 11898-09, paras. 78-109.
57 Id. at 11909-27, paras. 110-48.
58 Coalition of Concerned Utilities, Petition for Reconsideration, WC Docket No. 07-245, GN Docket No. 09-51
(filed Sep. 2, 2010) (Coalition Petition); Florida Investor-Owned Electric Utilities, Petition for Reconsideration and
Request for Clarification, GN Docket No. 09-51 (filed Sep. 2, 2009) (Florida IOUs Petition); Oncor Electric
Delivery Company LLC, Petition for Reconsideration and Request for Clarification, WC Docket No. 07-245, GN
Docket No. 09-51 (filed Sep. 2, 2010); Alabama Cable Telecommunications Ass'n, Bresnan Communications,
Broadband Cable Ass'n of Pennsylvania, Cable America Corp., Cable Television Ass'n of Georgia, Florida Cable
Telecommunications, Inc., MediaCom Communications Corp., New England Cable and Telecommunications Ass'n,
Ohio Cable Telecommunications Ass'n, Oregon Cable Telecommunications Ass'n, and South Carolina Cable
Television Ass'n, Petition for Reconsideration or Clarification, WC Docket No. 07-245, GN Docket No. 09-51
(filed Sep. 2, 2010) (Cable Providers Petition); see 2010 Order, 25 FCC Rcd at 11869-73, paras. 8-16.
59 See Coalition Petition at 2-3; Florida IOUs Petition at 2-3.
6o Wireline Competition Bureau Announces September 28, 2010 Pole Attachments Workshop, 25 FCC Red 13108
(WCB 2010). Forty-nine representatives of 32 electric utilities and their trade associations met with Federal
Communications Commission staff to discuss issues of concern to utility pole owners. See Letter from Thomas B.
Magee and Jack Richards, Counsel for the Coalition of Concerned Utilities, to Marlene H. Dortch, Secretary, FCC,
WC Docket No. 07-245, GN Docket No. 09-51 (filed Nov. 17, 2010).
61 FCC to Hold Broadband Acceleration Conference, Public Notice, DA 11-241 (rel. Feb. 8, 2011).
5249Federal Communications Commission
FCC 11-50
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc52169/m1/421/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.