FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,263
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specified rates, terms, and conditions; substitution of just and reasonable rates, terms, or conditions for
unjust and unreasonable ones; and refund of an overpayment. 25 In addition the Commission could
initiate enforcement actions that could result in forfeitures.'26
44. Engineering Specifications for New Equipment. The record demonstrates that wireless
equipment varies greatly and at least some of it is changing rapidly.'27 In contrast, the maturity of cable
and wireline telecommunications equipment has allowed utilities to develop engineering specifications
and manuals to address the engineering and safety issues raised by their attachment.'28 Thus, although we
do not adopt particular access provisions for wireless attachments in the communications space, we
recognize that, as a practical matter, the novelty of wireless equipment both within and above the
communications space may pose additional challenges. To the extent that the record evidences concerns
about the reasonableness of establishing a timeline for wireless attachments, those concerns have more to
do with the lack of developed engineering specifications for untested equipment than with the difficulty
of performing a survey or make-ready work.'29 We agree with commenters that assert that the key
difference in the process between wireline and wireless attachments lies in the initial engineering
evaluation, particularly when a utility is dealing with a type of attachment for the first time.30 Our
timeline thus is fashioned to take into account special treatment of novel engineering problems that do not
hinge necessarily on whether the service is wireless or wireline. Indeed, wireline equipment lacking a
developed construction specification would be subject to the same approach. To the extent there are
concerns that attachment of wireless facilities involves unique safety, security, or engineering issues,'
we find that development of protocols and specifications to address those issues is substantially more
appropriate than excluding all such equipment from the timeline. We note that we expect any evaluation
of new types of equipment to be done on commercially reasonable terms, and in a reasonable time - in
keeping with the general statutory obligation that rates, terms and conditions for pole attachment be just
and reasonable - and we will monitor industry practices in this area, including through our complaint
45. Ducts, Conduits, and Rights-of-Way. We decline to adopt a timeline for access to section
224 ducts, conduits, and rights-of-way at this time.32 Access to ducts and conduits raises different issues
than access to poles,"33 and the record does not demonstrate that attachers are, on a large scale, currently
12s See App. A at section 1.1410(a)-(b).
126 See 47 C.F.R. 1.80.
127 See, e.g., Oncor Comments at 33 (stating that the wireless attachments on its poles "vary greatly in the type of
equipment used" and that this equipment "differs in power outlet, dimension, height, weight, antenna size, power
supply, photocell, etc."); Florida IOUs Comments at 28 ("Unlike wireline attachments - which are fairly consistent
from an engineering perspective - wireless antennae vary considerably in dimension, placement on the pole, vertical
and horizontal space occupied, and loading profile."); Alliance Reply at 51-53 (stating that "[t]he complexity and
variability of make-ready is even greater in the case of wireless attachments, due [in part] to the size, number, and
variety of wireless equipment attachments").
128 See, e.g., Coalition Comments at 36, 101-02; Oncor Reply at 31.
129 See, e.g., EEI/UTC Comments at 26 (arguing that wireless attachments pose special operational and safety
13o See, e.g., Florida IOUs Comments at 28.
131 See, e.g., Coalition Comments at 36 (asserting that wireless devices emit radio frequency (RF) energy that
triggers exposure regulations); APPA Comments at 25; NRECA Comments at 13-14; HTI Comments at 9.
'3z See Further Notice, 25 FCC Rcd at 11888-89, para. 54 (seeking comment on whether to apply a timeline to
ducts, conduits, and rights-of-way).
133 See APPA Comments at 25; Coalition Comments at 43-45.
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/m1/435/: accessed April 28, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.