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FCC Pole Attachment Order - The Good, The Bad and The Ugly. REMDC 2011 Annual Meeting Atlantic Beach, North Carolina Thomas B. Magee Keller and Heckman LLP Washington, D.C. 202-434-4128 [email protected] FCC’s Broadband Message. “We Come From Washington, And We’re Here to Help”.

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FCC Pole Attachment Order -The Good, The Bad and The Ugly

REMDC 2011 Annual Meeting

Atlantic Beach, North Carolina

Thomas B. Magee

Keller and Heckman LLP

Washington, D.C.

202-434-4128

[email protected]


Fcc s broadband message
FCC’s Broadband Message

“We Come From

Washington, And We’re

Here to Help”


Broadband plan goal
Broadband Plan Goal

  • The FCC should establish rental rates for pole attachments that are as low and close to uniform as possible to promote broadband


Broadband plan goal1
Broadband Plan Goal

  • The FCC should implement rules that will lower the cost of “make-ready”


Broadband plan goal2
Broadband Plan Goal

  • The FCC should establish a comprehensive timeline for each step of the Section 224 access process


Broadband plan goal3
Broadband Plan Goal

  • The FCC should reform the process for resolving disputes regarding infrastructure access


Broadband plan goal4
Broadband Plan Goal

  • The FCC should improve the collection and availability of information regarding the location and availability of poles, ducts, conduits and rights-of-way


Broadband plan goal5
Broadband Plan Goal

  • Congress should consider amending Section 224 of the Act to establish a harmonized access policy for all poles, ducts, conduits and rights-of-way, including regulation of co-ops


Fcc pole attachment order
FCC Pole Attachment Order

The Good

The Pretty Good

The Not Bad

The Bad

The Ugly


The good
The Good

Oregon Unauthorized Attachment Rules

Upfront Payment of Make-Ready


The pretty good
The Pretty Good

Encourages Pre-Planning & Coordination

Executive Level Discussions

Improvements to Boxing/Extension Arms


The not bad
The Not Bad

No Information Collection

No Schedule of Charges

No Phased Payment of Make-Ready

No Designated Single Manager for Jointly-Owned Poles

No Deadlines for Ducts, Conduits, ROWs

No Compensatory Damages


The bad
The Bad

Make-Ready Deadlines

Onerous

Lots of Complaints

Contractors Take Over

Loss of Control


The bad1
The Bad

Make-Ready Deadline Recon. Issues

# of Poles

Stopping the Clock

Liability Issues

Reimbursement Issues

Notice Issues

Union Contract Issues

Pole Change Outs


The bad2
The Bad

New Telecom Rates

Refunds to Statute of Limitations

Wireless Attachments

Access

Rates


The ugly
The Ugly

FCC Regulation of ILEC Attachments


Future of april 7 order
Future of April 7 Order

  • Effective Date

  • Reconsideration

  • Court Appeal


Thank you
Thank You!

Thomas B. Magee

Partner

Keller and Heckman LLP

1001 G Street, N.W.

Washington, DC 20001

202-434-4128

[email protected]


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