FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,246
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duct, conduit, or right-of-way owned or controlled by a utility.23 However, the 1996 Act permits utilities
to deny access where there is insufficient capacity and for reasons of safety, reliability or generally
applicable engineering purposes.24 Besides establishing a right of access, the 1996 Act set forth section
224(e) - a rate methodology for "attachments used by telecommunications carriers to provide
telecommunications services" - in addition to the existing methodology in section 224(d) for
attachments "used by a cable television system solely to provide cable service."25
11. The Commission implemented the new section 224 access requirements in the Local
Competition Order.26 At that time, the Commission concluded that it would determine the reasonableness
of a particular condition of access on a case-by-case basis.27 Finding that no single set of rules could take
into account all attachment issues, the Commission specifically declined to adopt the National Electric
Safety Code (NESC) in lieu of access rules.28 The Commission also recognized that utilities typically
develop individual standards and incorporate them into pole attachment agreements, and that, in some
cases, federal, state, or local laws also impose relevant restrictions.2 The Local Competition Order
acknowledged concerns that utilities might deny access unreasonably, but, rather than adopt a set of
substantive engineering standards, the Commission decided that procedures for requiring utilities to
justify the conditions they placed on access would best safeguard attachers' rights. The Commission did
adopt five rules of general applicability and several broad policy guidelines in the Local Competition
23 47 U.S.C. 224(f)(1). As a general matter, all references to poles in this Order refer to attachments to utility
poles and do not include other components of the statutory definition of "pole attachments," including ducts,
conduits and rights-of-way, unless otherwise indicated. 47 U.S.C. 224(aX4).
24 47 U.S.C. 224(f)(2); see Implementation of the Local Competition Provisions in the Telecommunications Act of
1996, CC Docket Nos. 96-98, 95-185, Report and Order, 11 FCC Rcd 15499, 16080-81, paras. 1175-77 (1996)
(Local Competition Order) (subsequent history omitted) (extending the provisions of section 224(0(2) to other
25 See 47 U.S.C. 224(d) (describing the "cable rate formula"), (e) (describing the "telecom rate formula").
26 Local Competition Order, 11 FCC Rcd at 15499.
27 1d. at 16067-68, para. 1143.
28 Id. at 16068-69, paras. 1145-46 (finding that the NESC's depth of detail and allowance for variables make it
unworkable for setting access standards).
29 Id. at 16068-69, paras. 1147-48 (finding that the Federal Energy Regulatory Commission (FERC) and the
Occupational Safety and Health Administration (OSHA) regulations, and utility internal operating standards reflect
regional and local conditions as well individual needs and experiences of the utility).
30 Id. at 16058-107, paras. 1119-240 (Part XI.B. "Access to Rights of Way").
Federal Communications Commission
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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.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/418/: accessed July 28, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.