FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,256
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works from a requesting entity's survey rather than its own. A separate estimate stage also allows for a
survey response that is independent of negotiation of terms in a master pole attachment agreement.8s If an
entity submits a complete application for a survey, the survey should proceed independently of any
ongoing negotiations regarding rates, terms, and conditions of attachment. Likewise, the right of an
attacher to hire a contractor if the survey deadline is missed operates independently of a licensing
agreement.86 Finally, setting fixed limits to these transactional stages enhances the predictability of the
28. We find that allowing up to 14 more days after the survey period for the preparation of an
estimate is appropriate.87 Although neither stage need last a full 14 days, we conclude that providing this
additional time is useful in allowing parties to prepare or review the estimate outside of the survey and
make-ready stages. Also, if an attacher is not prepared to move forward, the utility may turn its attention
and resources to another project, rather than delay the project indefinitely. Indeed, the proposal to limit
an attacher's review of the estimate to 14 days received no negative comment.
29. Stage 4-Make-Ready: Upon receipt of payment from the attacher, we require a utility to
notify immediately and in writing all known entities with existing attachments that may be affected by the
planned make-ready. The notice shall: (1) specify where and what make-ready will be performed; (2) set
a date for completion of make-ready no later than 60 days after notification (or 105 days after notification
in the case of larger orders) for attachments in the communications space, or no later than 90 days after
notification (or 135 days after notification in the case of larger orders) for wireless attachments above the
communications space;88 (3) state that any entity with an existing attachment may add to or modify the
attachment before the date set for completion of make-ready; (4) state that the utility may assert its right
to 15 additional days to complete make-ready and that, for attachment in the communications space, the
requesting entity may complete the specified make-ready itself if make-ready is not completed by the date
set by the utility (or, if the utility has asserted its 15-day right of control, by the date 15 days after that
completion date); and (5) state the name, telephone number, and e-mail address of a person to contact for
more information about the make-ready procedure. Under normal circumstances, performance of make-
ready will complete the elements of the timeline that precede actual attachment.
30. As shown in Figure 1, we anticipate that adoption of a 60-day timeframe for make-ready
performance in the communications space (105 days for large projects) will expedite those make-ready
projects-comprising at least 20 percent of the total--that today exceed the large-order 105-day target:
85 See infra Part IV.E; see also Florida IOUs Reply at 13 (arguing that a master agreement is needed to protect the
pole owner and acquaint the attacher with the pole owner's standards, processes and application procedures); Letter
from Sean B. Cunningham, Counsel, Alliance for Fair Pole Attachment Rules, to Marlene H. Dortch, Secretary,
FCC, WC Docket No. 07-245 at 2 (filed Jan. 27, 2011) (arguing that timeline should not commence unless the
applicant has a master agreement that addresses matters including, inter alia, insurance, indemnification, and safety
86This approach is consistent with the New York model. New York Order at 3 (14 day limit). See Coalition
Proposal (15 day limit).
87 See, e.g., Fibertech Comments at 5-6 (arguing that Connecticut's omission of additional time for estimates proves
it to be unnecessary); Verizon Comments at 25-26 (arguing that 14 days would be more useful later in the timeline).
8s As noted, the make-ready period for wireless attachments above the communications space is 90 days. See infra
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/m1/428/: accessed July 21, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.