FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,257
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Federal Communications Commission FCC li-SO
31. We adopt 60 days for the make-ready stage in the communications space in order to (1)
synchronize make-ready with the Commission's existing rules that give entities with existing attachments
60 days to move them before a pole owner modifies a pole,89 and (2) promote a higher success rate that
attachers and their investors can depend on. Section 224(h) requires pole owners to give any entity with
an existing attachment a reasonable opportunity to add to or modify its facilities before the owner
modifies the pole." The Commission has long interpreted "a reasonable opportunity" to mean that a
"utility shall provide a cable television system operator or telecommunications carrier no less than 60
days written notice prior to removal of facilities."" This 60-day standard adopted in 1996 continued a
Commission policy that dates back to the Commission's First Report and Order implementing the Pole
89 See infra App. A (47 C.F.R. 1.1422).
90 47 U.S.C. 224(h) provides:
Whenever the owner of a pole, duct, conduit, or right-of-way intends to modify or alter such
pole, duct, conduit, or right-of-way, the owner shall provide written notification of such action
to any entity that has obtained an attachment to such conduit or right-of-way so that such entity
may have a reasonable opportunity to add to or modify its existing attachment. Any entity that
adds to or modifies its existing attachment after receiving such notification shall bear a
proportionate share of the costs incurred by the owner in making such pole, duct, conduit, or
91 See 47 C.F.R. 1.1403(c) (requiring a utility to provide a cable television system operator or telecommunications
carrier no less than 60 days written notice prior to, inter alia, modifying a pole); Local Competition Order, 11 FCC
Rcd at 16094-96, paras. 1207-09.
Utilities Telecom Council Metmbr Survey
Percentage of Utilities Completing Make-Ready
in Specified Time Periods
Ov er. _0Daas
_ _I __~IC^I _I~_ __
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/m1/429/: accessed December 18, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.