FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,274
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parties that the deadline must be deferred. Notification may be brief, but must be in writing and include
the reason for and date of the stoppage.208 As soon as the reason for the clock stoppage no longer exists,
the utility must notify affected entities of the new deadline and the date that the clock will restart. This
minimal notice burden on utilities is within the bounds of a utility's duty to provide just, reasonable, and
nondiscriminatory access, and any burden on the utility is outweighed by the need for affected entities to
receive notice and remain informed.
72. The clock stoppage may be no longer than necessary based on the nature of the event.
The clock must restart no later than the date when the utility returns to routine operations.2' Moreover,
under the statute, utilities may not discriminate against pole attachment projects.210 Utilities state
candidly, however, that their highest priority is providing service to their customers.211 In the aftermath
of an emergency, a utility will naturally and reasonably devote its utmost resources to public safety and
restoring service. When the utility resumes normal operations, however, nondiscrimination requires a
utility to resume pole attachment projects in place with internal work orders in the utility's queue.212
73. In light of the scaled approach to limiting the order size, and the timeline tolling
provisions we adopt, we disagree with utilities that argue that the timeline imposes a rigid, "one-size-fits-
all" solution that lacks the flexibility utilities need to accommodate pole attachment requests.213 Although
we appreciate the complexity of some attachment requests, we find that several measures adequately
address this concern. First, the timeline applies to orders that are within the scope of the timeline and
subject to the volume cap set forth in this section.214 Second, the timeline does not begin to run until
engineering protocols and technical standards have been established for the prospective attachments at
issue.215 We leave utilities free to implement the timeline consistent with our rules. We leave the details
of specific application criteria and processes to individual utilities, but the criteria must be reasonable.216
For example, some utilities have "detailed permit manuals which explain the application and attachment
process," and at least one utility has a "web-based application platform, which provides an on-line, step-
by-step, item-by-item description of the application and attachment process."" We do not dictate utility
208 The writing may be sent by email to the recipients.
209 Sunesys Comments at 9.
210 47 U.S.C. 224(f)(1).
211 See, e.g., Coalition Comments at 14, 17-18; EEI/UTC Comments at 13-14; Verizon Comment at 29 (arguing
that pole owners must prioritize core service).
212 See Coalition Comments at 34 (arguing that electric utilities should be able to show compliance by demonstrating
that they have scheduled communications company make-ready work as if the attacher were a rate paying
213 See, e.g., NRECA Comments at 9-10 (stating that a one size fits all approach fails to consider the varied
circumstances of the pole attachment process); Qwest Comments at 6-7 (arguing against mandating a one-size-fits-
all process given the complexity of the pole attachment process, and stating that a timeline must be flexible enough
to address realities of the pole attachment process); Idaho Power Comments at 2-3 (arguing that no single set of
rules can take into account all of the issues that arise in the context of an attachment).
214 See supra Part III.A.2; para. 19.
2ts See supra Part III.A.2 (discussing scope of the timeline).
216 EEI/UTC Comments at 21; see 47 U.S.C. 224(b)(2); 2010 Order, 25 FCC Rcd at 11874, para. 18.
217 Florida IOUs Comments at 14 (describing various members' application procedures).
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/m1/446/: accessed April 29, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.