FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,281
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would require annual maintenance.265 Such a data collection would necessarily take significant time for
the millions of poles that a single utility can own, and it is not likely that such data for all utilities would
be kept sufficiently up-to-date for a prospective attacher to rely on for access and network planning.266
Major events like storms can compromise the integrity of data, as can the activities of unauthorized
attachers.267 Moreover, legitimate concerns exist about making critical infrastructure information and
proprietary information available to the public,268 and about whether a database would be susceptible to
abuse by unauthorized attachers.269 Meanwhile, the record reflects significant doubt--from both utilities
and telecommunications providers-that improving the collection and availability of data would have
much value to attachers.270 For these reasons, we are not persuaded by those commenters who support the
idea of a central database in order to improve tracking of attachments and to cut down on unauthorized
attachments.27 After considering the record, we find that the burdens associated with an information
collection requirement likely outweigh the benefits, and therefore, we decline to adopt such a proposal at
F. Legal Authority
90. We conclude that section 224 authorizes the Commission to promulgate the access rules,
we adopt today, including the timeline and its self-effectuating remedy for failure to meet the timeline in
the communications space. Through section 224(b)(1), Congress explicitly delegated authority to the
Commission to "regulate the rates, terms, and conditions for pole attachments,"272 as well as to develop
procedures necessary for resolving complaints arising under the Commission's substantive regulations,
and to fashion appropriate remedies.273 In addition, section 224(b)(2) directs the Commission to make
265 EEI/UTC Comments at 30-32. For instance, Ameren estimates that it would take approximately 4-5 years and
cost $42 million to inventory two million poles in Missouri and Illinois, and Idaho Power estimates that it would
take at least six years and cost nearly $20 million to field and record data for its 550,000 distribution poles. Id. at
266 See, e.g., Florida IOUs Comments at 37; EEI/UTC Comments at 30.
267 See, e.g., Florida IOUs Comments at 37; ITTA Comments at 8-9; Oncor Comments at 55.
268 See, e.g., EEI/UTC Comments at 28-29; Qwest Comments at 14-15.
269 See Alliance Reply at 64-65.
270 See, e.g., Verizon Comments at 40-41 (indicating that a national database or reporting requirements would not
eliminate the need to file applications, conduct make-ready surveys, or perform make-ready work); USTelecom
Comments at 24-25 (describing the Commission's proposal as "a monumental undertaking without any apparent
benefit" and stating that "there is no evidence that a problem currently exists that would be addressed by such a
271 See T-Mobile Comments at 13-14; TWC Comments at 20.
272 47 U.S.C. 224(b)(1); see Southern Co. v. FCC, 293 F.3d 1338 (11th Cir. 2002) (finding that the Act does not
specify which sorts of concerns constitute the section 224(bX)(1) "conditions" of pole attachment but that there was
no statutory language that would suggest that physical attachment is outside the scope of "conditions.") (Southern
273 47 U.S.C. 224(b)(1). The section also creates exceptions to our authority for railroads, cooperatives, federal
entities, and state entities, 47 U.S.C. 224(a)(I), as well as substantive reverse preemption for states who choose to
regulate attachments themselves. 47 U.S.C. 224(c).
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/m1/453/: accessed May 27, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.