FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,279
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attachment application or series of applications, for certain types of attachments, or for attachments on
certain parts of the pole or in certain geographic areas. If access is denied, the joint pole owners must
clearly identify to the attacher which owner is denying access, and on what basis.
85. We also believe that some of the other remedies adopted today will cure or mitigate many
of the delays associated with joint ownership and control. In particular, the timeline and the rules on the
use of contractors should help to ensure timely access to all poles, including those that are jointly owned
or used.2" We will closely monitor the effect of the rules we adopt today and will adjust the framework
E. Other Access Proposals
1. Schedule of Charges
86. We decline to require utilities to make available to attaching entities a schedule of
common make-ready charges, and find that the burdens of such a requirement would exceed its benefits.
In the Further Notice, the Commission suggested that such a schedule could provide transparency to
providers seeking to deploy their networks.'47 T-Mobile and TWC agree,248 but other commenters point
out that make-ready is priced based on specific tasks at specific locations.24 Actual charges vary
depending on numerous unique factors, including material and labor costs which fluctuate.250 As such,
the price of make-ready does not lend itself well to a fixed schedule of charges.25 Plus, many utilities
already make information about common charges available upon request.252 Thus, we conclude, on
balance, that the limited benefit of this proposal would not outweigh the burdens it would impose on
utilities, and we decline to adopt it at this time.
2. Payment for Make-Ready Work
87. In the Further Notice, the Commission asked whether it should attempt to align incentives
to perform make-ready work on schedule.253 In particular, it proposed to adopt the Utah rule, under
which applicants pay for make-ready work in stages and may withhold a portion of that payment until
246 See supra Parts III.A. 1; III.A.3.
247 Further Notice, 25 FCC Rcd at 11895, para. 71.
248 T-Mobile Comments at 13; TWC Reply at 12-13.
249 See, e.g., Ameren et al. Comments at 20 (arguing that a schedule of charges falsely implies that a particular task
will always cost a particular amount to complete, regardless of construction circumstances or nuances); Idaho Power
Comments at 8 (stating that a uniform schedule of charges fails to consider the unique nature of each pole
attachment request); ITTA Comments at 5-6 (stating that there are few "common" fees as costs fluctuate depending
on the varied circumstances surrounding different attachments).
250 Other factors that vary the price of make-ready for a specific task at a specific location include the types of
equipment required to perform the work, the location of the pole (front lot or rear lot), site conditions, city or county
permitting requirements, environmental issues, congested attachments, necessary switching, and necessary tree trim.
Florida IOUs Comments at 33-34; see NRECA Comments at 16-17; Ameren et al. Comments at 20. The Florida
IOUS argue that in order to create a firm price sheet, it would have to price common make-ready charges based on
the costliest permutation of potential factors. Florida IOUs Comments at 34.
251 See ITTA Comments at 6 (stating that "there are few 'common' fees").
252 See, e.g., Verizon Comments at 36-37; Oncor Comments at 32. Cf Dairyland Reply at 2 (smaller, non-investor
owned utility indicating that creating and keeping current a list of charges could be unduly burdensome); Idaho
Comments at 8-9 (same).
253 Further Notice, 25 FCC Rd at 11895, para. 70.
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/m1/451/: accessed February 21, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.