FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,285
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96. Finally, we reject contentions that the Commission has not developed a sufficient
administrative record to support the instant rulemaking.307 We have engaged in significant record-
building and information-gathering through a variety of means to ensure broad participation by the public
and interested parties and to serve as a sound foundation for the conclusions we reach here. For example,
the Commission has sought comment on these issues multiple times, reviewed tens of thousands of pages
of comments, convened public workshops, and participated in many exparte meetings.308 A wide variety
of commenters have submitted evidence to the record frequently on all sides of the issues we address
through these rules,3' and we believe we have gathered sufficient evidence to carry our burden of
articulating a "rational connection between the facts found and the choice made.'"310
IV. IMPROVING THE ENFORCEMENT PROCESS
A. Revising Pole Attachment Dispute Resolution Procedures
97. In the Further Notice, we sought comment on whether the Commission should modify its
existing procedural rules governing pole attachment complaints.31' Several commenters expressed the
view that new procedures and processes are not needed or that existing procedures can be improved to
address any problems.312 A number of commenters, however, maintained that the Commission should do
more to encourage parties to resolve their disputes themselves prior to filing a complaint with the
98. We agree that parties ought to make every effort to settle their disputes informally before
instituting formal processes at the Commission. Section 1.1404(k) of the Commission's rules requires a
complainant to "include a brief summary of all steps taken to resolve the problem before filing," and, if
no such steps were taken, to "state the reason(s) why it believed such steps were fruitless."314 In our
view, however, that rule does not adequately ensure that the parties will engage in serious efforts to
resolve disputes prior to the initiation of litigation. That may be because individuals with sufficient
decision-making authority are not involved in the discussions; other times it is because parties
prematurely forego such discussions with the thought that they would be futile.
99. One commenter suggested that the Commission consider adopting an "executive level
negotiation" requirement similar to that imposed by the California Public Utility Commission
307 See, e.g., APPA Reply at 24 (arguing that there is an insufficient record to establish comprehensive access
timelines); Verizon Reply at 32 (similar); Coalition Comments 26-28 (stating that the Commission lacks the
extensive record generated by various state commissions).
30s See supra Parts I-II.
309 See, e.g., TWTC/COMPTEL Comments at 11-12 (noting that "pole owners take many months to complete
make-ready work and often refuse to agree to any deadlines in pole attachment contracts"); DAS Forum Comments
at 8-9 (stating that utilities have used section 224(f) to effect blanket denials for access to poles); Sunesys
Comments at 25-26 (characterizing current section 224(f) practices by utilities as burdensome); Level 3 Comments
at 8-11 (arguing that it is being overcharged).
310 City ofBrookings Mun. Tel. Co. v. FCC, 822 F.2d 1153, 1165 (D.C. Cir. 1987) (quoting Burlington Truck Lines,
Inc. v. US., 371 U.S. 156, 168 (1962)).
311 Further Notice, 25 FCC Red at 11898, para. 79.
312 Coalition Comments at 88-92; Sunesys Comments at 21-22; AT&T Comments at 19-20; Florida IOUs
Comments at 41; CTIA Comments at 11-13; Idaho Power Comments at 13; Alliant Comments at 6; Verizon
Comments at 43-44; GEMC Reply at 12; EEI/UTC Reply at 38-39; APPA Reply at 35; Verizon Reply at 36-38.
33 CPS Energy Comments at 14; NextG Comments at 26-27; Idaho Power Comments at 13; Alliant Comments at
6; TWTC/COMPTEL Reply at 42-43; Coalition Reply at 15.
31447 C.F.R. 1.1404(k).
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/m1/457/: accessed January 18, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.