Practical Impacts of the FCC’s New Pole Attachment Rules

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Access to and rates for pole attachments under Section 224 of the Communications Act has been an issue of both importance and contention for facilities-based broadband providers of all types, more traditional providers of telecommunications, and electric utilities. On April 7, 2011, the Federal Communications Commission issued the most significant order regarding pole attachments in many years affecting a wide variety of matters.

The Commission’s intent was to clarify many rights and obligations regarding the relationship between pole owners and attachers and to put various providers of broadband communications on a more equal footing. The recent order created new regulatory frameworks for pole owners and attachers to navigate, including the potential for a new wave of complaint and enforcement proceedings.

Join Kelley Drye for a discussion of the new order that affects the operations of cable companies, wireless providers, competitive telecommunications carriers, incumbent local exchange carriers, and utility companies. Our speakers offered an analysis of the new rules focusing on practical advice based on extensive experience in negotiating pole agreements, prosecuting complaints regarding pole access and rates, and providing compliance and enforcement advice in this area.

The following topics were addressed:

• Successful Navigation of the FCC’s New Pole Attachment Application Timelines
• When Attachers May Use Independent Contractors to Complete Survey and Make Ready Work
• New Rules Governing Penalties for Unauthorized Attachments
• How Much Parity Is There under the New Attachment Rate Formula for Telecommunications Carriers?
• Improved Opportunities for Wireless Providers
• How Much Have Things Changed for Incumbent Local Exchange Carriers?
• Limits of the New Rules and the Impact on Enforcement
• Prospects for Appeal of the Pole Attachment Order