FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,267
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53. Some utilities contend that contractors do not share their long-term commitment to safety
and reliability, but rather will owe their allegiance to the new attacher, whose overriding objective is to
attach to the poles as quickly as possible.'54 Others object more generally that contractors do not work to
utility standards, so their work may undermine safety and reliability.'ss We recognize that surveys and
make-ready pertain directly to the capacity, safety, reliability, and sound engineering of the poles, and
therefore trigger legitimate concern to all pole owners.s56 Indeed, competent performance of surveys and
make-ready concerns not only utilities but also existing attachers and the general public, all of which rely
on utility poles for delivery of vital services. We therefore adopt rules to address concerns relating to
safety, reliability, and general competence.
54. List of Authorized Contractors. Attachers that utilize the self-help remedy above must use
contractors that the utility has approved. We require utilities to identify and publish a list of authorized
contractors for requesting entities to choose from when hiring a contractor after a timeline deadline has
been missed.157 Utilities have discretion about which contractors to include, and the listed contractors
must be made available to attachers without discrimination. If a utility fails to list approved contractors,
attachers may use the "same qualifications" standard that we have previously adopted.s5 Pursuant to this
default rule, the contractor must have the "same qualifications, in terms of training, as the utility's own
workers," and this means the qualifications that are appropriate for a utility worker or contractor
performing the particular work, such as survey or make-ready in the communications space.s59
55. Requiring utilities to prepare and publish a list of authorized contractors ensures that only
qualified contractors work on utility poles. We do not adopt more particular proposed regulations
governing contractor qualifications.6' For example, in the Further Notice, the Commission proposed that
contractors that have worked for the utility should automatically be included on that utility's list.1''
Utilities argue persuasively, however, that the list should not automatically include such contractors
because the contractor may have performed poorly, or been hired only out of necessity to restore
power.162 We therefore conclude that utilities may use their own best judgment in listing contractors they
currently view as qualified. We also decline to adopt the proposal requiring each utility to post the
qualifications it uses to evaluate contractors for approval and certification. Commenters have convinced
us that doing so is unnecessary in light of the substantial duties on utilities to act reasonably and
154 See, e.g., Coalition Comments at 49-50; Idaho Power Comments at 7; Oncor Comments at 39.
1ss See, e.g., Coalition Comments at 14-15, 48; Idaho Power Comments at 5-6; Oncor Comments at 43 citing
Utilities Telecom Council White Paper at 15-16 (66% of reporting utilities did not permit licensees to hire third
parties for field surveys and 78% of utilities did not allow licensees to hire third parties for make-ready).
156ss See 47 U.S.C. 224(f)(2); Local Competition Order, 11 FCC Rcd at 16081, para. 1176 (acknowledging that, in
some circumstances, incumbent LECs have legitimate safety and engineering concerns).
157 47 C.F.R. 1.1422(a). For allegations of non-compliance with the estimate stage of the timeline, our traditional
complaint regulations would apply. See 47 C.F.R. 1.1403, 1.404.
58 See Further Notice, 25 FCC Red at 11892, para. 64; see Local Competition Order, 11 FCC Red at 16083, para.
1182 (setting requirements for contractors that attach facilities to poles).
159 Local Competition Order, 11 FCC Red at 16083, para. 1182.
'6o See Further Notice, 25 FCC Red at 11891-92, paras. 61-65.
61 Further Notice, 25 FCC Rcd at 11891-92, para. 62; see MetroPCS Comments at 14-15.
162 Coalition Comments at 58.
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/m1/439/: accessed April 29, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.