FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,273
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or awaiting resolution of regulatory proceedings, such as a state public utilities commission rulemaking,
that affect pole attachments."98 Aside from these examples of very serious occurrences that impede make-
ready on the one hand, and routine events that do not justify tolling the timeline on the other hand, a
utility must exercise its judgment in invoking a clock stoppage in the context of its general duty to
provide timely and nondiscriminatory access.'" An attacher may challenge a utility's failure to either
meet its deadline or surrender control of make-ready if a clock stoppage is not justified by good and
69. Time is of the essence for requesting entities, their investors, and their potential
consumers.200 We limit the size of orders subject to the timeline in part to create a manageable workflow
that will allow the timeline to absorb occasional interruptions.20' Whenever possible, a utility should
accommodate a moderate interruption without interruption in the timeline, and if a utility resorts to
stopping the clock, its reason for doing so should usually be apparent. For example, Oncor states that the
two longest power outages due to weather that its customers have suffered in recent memory lasted six
and 10 days.202 Therefore, even assuming that Oncor needed some extra days to return to normal
operations after a 10-day storm-related outage, Oncor might have been able to complete attachment
requests within the 60-day make-ready period.203 We recognize, however, that no timeline can absorb all
70. New York allows its timeline to be interrupted for "events beyond the utility's control"
and several commenters support this standard.205 We find this standard unsuitably broad for our purposes,
however, because every downed pole could presumably be characterized as due to an event beyond the
utility's control. Thus, as some commenters correctly note, a "beyond the utility's control" exception
could be applied to swallow the rule.206
71. When a utility stops the clock, it must notify the requesting entity and other affected
attachers as soon as practicable.20 The clock does not stop until a utility provides notice to all relevant
198See EEI/UTC Comments at 22-25 (suggesting clock should stop for, inter alia, severe weather conditions, state
and local regulatory proceedings, failure of an existing attacher to cooperate, or the need to correct for safety
199 47 U.S.C. 244(f)(1); 2010 Order, 25 FCC Red at 11873-74, paras. 17-18 (holding that utilities must perform
make-ready promptly and efficiently whether or not a specific rule applies to an aspect of the make-ready process).
200 Local Competition Order, 11 FCC Red at 16101, para. 1224 (finding that "time is of the essence); see, e.g.,
Centurylink Comments at 35; Charter Comments at 22; CTIA Comments at 13.
201 We anticipate that capping timeline orders will leave utilities with enough spare resources to handle the
occasional interruption and still stay on schedule.
202 Oncor Comments at 27 (stating that a June 2004 storm caused outages that lasted for ten days and a February
2010 storm caused outages that lasted for 6 days).
2o3 It is not suggested that weather events may never be cause for stopping the clock, but rather that, even in the face
of severe disruptions, utilities should consider whether or not lost time can be made up over the course of the entire
204 See, e.g., Ameren et al Comments at 9-10; EEI/UTC Comments at 22-25; Coalition Comments at 30-35;
Florida IOUs Comments at 16-17; Sunesys Comments at 14-15. But see TWC Reply at 13-14 (arguing that
proposed timeline needlessly extends make-ready process).
205 Further Notice, 25 FCC Red at 11887, para. 51; see, e.g., Verizon Comments at 9; Coalition Comments at 20-
23; Ameren et al. Comments at 4.
206Sunesys Comments at 14; Florida IOUs Comments at I 1; TWC Reply at 14-15. See Oncor Comments at 29.
207 Sunesys Comments at 9. The utility must notify the same parties that received notice of the initial make-ready
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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/m1/445/: accessed June 22, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.