FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,270
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Federal Communications Commission FCC 11-50
the above protections, the use of contractors presents safety and quality concerns.'" We find these
objections unpersuasive. The record, as well as the experience of some states, provides ample basis for
concluding that the combination of utility authorization and oversight that our rules provide for, along
with allowing utilities to make final decisions about capacity, safety, reliability, and sound engineering,
will adequately address these concerns and ensure the public interest in a safe and reliable network. We
find that the rules we adopt to facilitate access, combined with the conditions and protections we impose,
strike the proper balance between encouraging deployment of facilities and safeguarding the network.
4. Limitations and Exceptions
62. As proposed in the Further Notice and in response to the practical concerns of utilities in
processing pole attachment requests in conjunction with their other critical work, we adopt rules that limit
or create exceptions to the timelines in appropriate circumstances. Utilities may process pole attachment
requests, whether in the communications space or above, according to size limits based either on a percent
of a utility's poles in a state or an absolute number of poles in a state, whichever is lower, and utilities
may treat all in-state requests from a single attacher within a 30-day interval as a single request. Also, as
proposed in the Further Notice, we adopt rules and standards for "stopping the clock" (i.e., for tolling the
63. Limit on Order Size. Based on the record before us and successful state models, we adopt
limits on the size of attachment requests that are subject to the timelines we adopt today.'79 The limits on
size of attachment requests apply both to attachments in the communications space and the longer
timeline for wireless attachments above the communications space. Specifically, we apply the timeline to
orders up to the lesser of 0.5 percent of the utility's total poles within a state or 300 poles within a state
during any 30-day period. For larger orders-up to the lesser of 5 percent of a utility's total poles in a
state or 3,000 poles within a state-we add 15 days to the timeline's survey period and 45 days to the
timeline's make-ready period, for a total of 60 days. For in-state orders greater than 3,000 poles, we
require parties to negotiate in good faith regarding the timeframe for completing the job. An attacher
always has the ability to submit requests of up to 3,000 poles in any 30-day period, so an attacher could
start a 9,000 pole order within a single state through the timeline over three successive months.
64. We rely in part on the successful experience of Utah, which has implemented comparable
limits on the number of orders that are subject to a timeline.80 Like the plan we adopt today, Utah
applies a different timeline at the 0.5 percent/300 pole level than at the 5 percent/3,000 pole level.81
Vermont, by contrast, relies exclusively on percentages as a gating mechanism for large orders, and
177 See, e.g., Oncor Comments at 40 (stating that Oncor is willing to permit approved contractors in the
communications space but unwilling for attachers' contractors to perform critical surveys and make-ready).
'78 Further Notice, 25 FCC Red at 11887, para. 51 (stopping and restarting the clock).
179 See, e.g., Utah Admin. Code R746-345-3(C)(1) (shorter timeframes for orders of 20 or fewer poles); AT&T
Comments at 28; TWC Comments at 18; Coalition Comments at 33; Associations Comments at 10-11. But see
Level 3 Comments at 6-7.
Iso See Utah Admin. Code R746-345-3(C) (implementing single-attacher batch mechanism and adjusting timeline
length to accommodate large orders).
' For applications that represent greater than 20 poles, but equal to or less than 0.5% of the pole owner's poles in
Utah, or 300 poles, whichever is lower, the time for construction is 120 days; for applications equal to or less than
5% of the pole owner's poles in Utah, or 3,000 poles, whichever is lower, the time for construction is 180 days; for
applications that represent greater than 5% of the pole owner's poles in Utah, or 3,000 poles, whichever is lower, the
times for the above activities will be negotiated in good faith. Utah Admin. Code R746-345-3(C)(1)-(4).
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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/m1/442/: accessed November 22, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.