FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,260
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days to complete make-ready in lieu of adopting an automatic fifth stage for "multi-party coordination" as
proposed in the Further Notice.'" For attachments in the communications space, if the utility does not
timely assert its right to 15 extra days to perform make-ready, control of the project transfers to the new
attacher immediately at the end of the 60-day period (or 105-day period in the case of larger orders), and
the attacher may use a contractor to complete make-ready.'09
37. Although the Further Notice proposed to adopt a fifth stage for multi-party coordination,
no party supported that suggestion, and some argue that it would create needless delay."0 Utilities also
argue that they lack expertise or training to move communications wires, and would not risk the liability
or legal consequences of doing so on behalf of requesting entities."' Nevertheless, we preserve an
interval whereby any utility that chooses to use it can have exclusive control over the pole. In cases
where a utility has failed to complete make-ready within the 60-day period (or 105-day period in the case
of larger orders), a new attacher may hire an authorized contractor to complete make-ready, or in the case
of a wireless attachment above the communications space, may invoke its complaint remedy." 2 This will
ensure timely access to poles, if not by a pole owner or agent, then by the new attacher.
38. Many electric utilities object vigorously to any requirement that they must complete
make-ready performance. They argue that they lack the authority or ability to control certain aspects of
the make-ready process. For example, utilities claim that they cannot coordinate make-ready in the
communications space, adding that, even if they had the right, they cannot be compelled to exercise it."3
Utilities also argue that it would be unreasonable to compel utilities to move communications facilities
"on demand" on behalf of requesting entities. Several utilities assert that, if they do move attachers'
facilities, they must be held harmless."4
39. As noted above, we do not require pole owners to conduct make-ready work.
Nevertheless, we find that any utility that wishes to complete make-ready should have an additional 15
days in which to do so."5 Given the nondiscriminatory access obligation imposed on utilities in section
los See Further Notice, 25 FCC Rcd at 11885, paras. 43-44 (proposing multi-party coordination for stage 5 of the
'09 For wireless attachments above the communications space, if the utility does not assert its right to 15 extra days
prior to the running of the 90-day notification period, the attacher may file a complaint as discussed in para. 42,
1to See, e.g., Fibertech Comments at 6-7; Sunesys Comments at 10 (both questioning the need for, and value of, a
post-make-ready coordination stage).
'11 See, e.g., Coalition Comments at 70-71 (arguing that electric utilities are not entitled to move municipal
attachments, and can no more move communications equipment safely than communications companies can move
electric equipment safely); Coalition Comments at 65-66 (arguing that if electric utility pole owners could make
existing attachers move their facilities, owners would not have to resort to "double wood," i.e., installation of a new
pole next to shortened old pole); Verizon Comments at 39 (stating that, under joint use arrangements, Verizon has
no greater control over the utility pole owner than any other attacher, and incumbent carriers cannot dictate how the
utility pole owner processes applications or completes make-ready work).
112 47 C.F.R. 1.1420(h), 1.1422.
113 See, e.g., Coalition Comments at 65-66; Oncor Comments at 25; Ameren et al. Comments at 10.
i14 See, e.g., Ameren et atl. Comments at I 1; AT&T Comments at 32; Coalition Comments at 70-71 (all requesting
indemnification and protection from liability). But see CPS Energy Comments at 9 (stating that it moves attachers
after 30 days notice if the attacher fails to comply). We note that New York has permitted attachers to use
contractors for make-ready since 2006. New York Order at 3. No commenter reports liability claims related to New
York's pole attachment rules.
'1 Further Notice, 25 FCC Red at 11885, para. 44.
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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/m1/432/: accessed October 17, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.