FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,255
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understood by utilities as such."79 No commenter disagrees, and most utilities regularly meet this
deadline. According to a Utilities Telecom Council survey of its members, utilities meet the 45-day
requirement 81 percent of the time.80 More than half of the missed deadlines are caused by either the size
of the project or errors in the application.8' Our new rules address both of these problems: under the
rules we adopt today the timeline does not start until a completed application is submitted, and there is
flexibility for larger orders.82 Thus, we expect that utilities acting diligently and in good faith will be able
to conduct surveys within the prescribed 45-day period. Owners are given an additional 15 days for large
25. To constitute a "request for access" necessary to trigger the timeline, a requester must
submit a complete application that provides the utility with the information necessary under its procedures
to begin to survey the poles. We find that pole owners must timely notify attachers of errors in an
application, and may not stop the clock to correct errors in an application once it is accepted as
complete,83 as surveys that are not interrupted are more conducive to dependable timeframes.
Furthermore, the timing of any such notification of deficiencies in an application must be reasonable. If
the request involves attachment of facilities that are unfamiliar to the utility, engineering specifications
must be established prior to submission of the application. If an application is submitted for which such
engineering specifications have not been established, the pole owner must respond in a manner that is
reasonable and timely under the circumstances, but in any event within 45 days." We leave the specific
processes for establishing such engineering specifications to individual utilities, so long as they are
reasonable and timely.
26. Stages 2 and 3-Estimate and Acceptance: Where a request for access is not denied, a
utility must present to a requesting entity an estimate of charges to perform all necessary make-ready
work within 14 days of providing its Stage-1 response-or within 14 days after the requesting entity
delivers its own survey to the pole owner, as it may do if the pole owner fails to meet the timeline's Stage
1 deadline. The requesting entity may consider the estimate for 14 days after receiving it before the
utility may withdraw the offer. Both offer and acceptance may be made sooner than the maximum 14
days. Estimates will not expire automatically after 14 days, but rather must be actively withdrawn by the
utility. If an estimate is withdrawn by the utility, the prospective attacher must resubmit its application
27. By adopting a 14-day estimate stage, we ensure that a utility will have a reasonable
opportunity to develop a cost estimate from the survey. Such an opportunity is essential when a utility
79 See Utilities Telecom Council Comments (filed Mar. 7, 2008), App., The Problem with Pole Attachments: A
White Paper at 12 (2007) (stating that, under the rule "an application must be approved or denied in writing within
45 days from the date that it is filed with the utility. The typical process involves reviewing the proposal for
completeness, conducting a field survey, conducting an engineering analysis (load and clearance), estimating make-
ready and construction costs, submitting the estimate to the applicant and approving the attachment.") (Utilities
Telecom Council White Paper).
80 Id. at 4, 12-13.
s' Id. at 4, 13 (stating that, of surveys that took more than 45 days, 30% were due to the size of the project; 23% to
errors in the application; 28% to backlog; and 19% to other factors).
82 See infra Part II[.A.2, III.A.3. Under this approach, we anticipate that missed survey deadlines will be reduced
substantially, yielding higher success rates overall. Moreover, addressing these variables allows the survey stage to
run without a provision for stopping the clock. See Sunesys Comments at 7-8 (arguing that utilities should be
permitted to defer starting the clock and notify attachers of errors).
83 See, e.g., Qwest Comments at 8 (arguing that errors should stop the clock); Sunesys Comments at 7-8 (arguing
that utilities should be permitted to defer starting the clock and notify attachers of errors).
84 See 47 C.F.R. 1.1403(b).
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/m1/427/: accessed March 17, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.