FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,268
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56. Utilities inquire whether they may require listed contractors to meet the requirements they
impose on contractors that they employ as virtual extensions of full-time utility personnel.63 Any
requirements that a pole owner wishes to place on listed contractors must be just, reasonable, and
nondiscriminatory.' We decline to reach a priori conclusions about specific requirements. If a
requirement advances and is tailored narrowly to ensure safety, reliability, and generally applicable
engineering practices, it is likely reasonable. If a requirement is customary and prudent whenever a
contractor is hired, such as requiring a service bond and license to practice, it is likely reasonable. If a
requirement governs aspects of the business relationship, such as requiring a contractor to give priority to
the utility over the attacher, such requirement probably does not pass a "reasonable and
nondiscriminatory" test. Beyond these rules of reason, the record does not support specific conclusions,
or indicate that utilities need further guidance in order to identify authorized contractors.
57. Attachers may only select a contractor that is not on the utility's list of authorized
contractors if the utility fails to develop and keep up-to-date a list of contractors.'65 In this way, and in
keeping with our goal of accelerating the pole attachment process to facilitate broadband deployment, we
do not permit inaction by a utility to bring progress to a halt. Off-list contractors may not be hired,
however, merely because the listed contractors are already engaged.'66 We find this solution less
cumbersome than those we proposed in the Further Notice, and adequate for our purpose of encouraging
utilities to develop and maintain lists of approved contractors to perform survey and make-ready work.'67
While we do not expressly adopt a minimum number of contractors as the threshold for the list, we
emphasize that maintaining a reasonably sufficient and up-to-date list of contractors is a key element of
this obligation. What constitutes a reasonable number may vary, depending upon the number of potential
contractors that serve the area. We will monitor industry practices in this area, including through our
58. Utility Oversight. To guard against substandard work or undue haste, we also require
attachers to provide the utility with an opportunity for a utility representative to accompany and consult
with the attacher and the attacher's authorized contractor whenever the contractor visits a pole.168
Consistent with the nondiscrimination requirement in section 224(f)(1), the utility representative may
monitor a contractor's work, and may insist that the work meet utility specifications for safety and
163 See, e.g., Oncor Comments at 46-47 (maintaining that many approved contractors have contractual agreements
with utilities setting out specific requirements); Coalition Comments at 53-54 (proposing specific contractor
164 47 U.S.C. 224(b)(1) (rates, terms, and conditions required to be just and reasonable), (f)(1) (right of
65s See ITTA Comments at 4; Level 3 Comments at 12-13 (both arguing that any pole owner should have the right
to certify and approve contract workers, provided that it establishes and maintains a certification and approval
166 See, e.g., Oncor Comments at 45-46 (arguing that approved contractors may have contracts with utilities
especially during storm restoration); Coalition Comments at 23-24 (contending that there is a shortage of qualified
'67 See Further Notice, 25 FCC Red at 11891-92, para. 62 (proposing that utilities be required to list any contractors
that the utility itself uses, and to post or otherwise share with attachers the standards the utility uses to evaluate
contractors for approval); ITTA Comments at 4; Level 3 Comments at 12-13 (arguing that any pole owner should
have the right to certify and approve contract workers, provided that it establishes and maintains a certification and
approval process); ACA Comments at 8 (supporting proposal to allow attachers to use outside contractors to
perform surveys and make-ready work if a utility has failed to perform its obligations within the timeline).
'68 See infra App. A (including rule 1.1422(b), which we adopt today).
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/m1/440/: accessed September 21, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.