FCC Heavily Lobbied on OTMR, Pole-Attachment Draft Order as Revisions Sought
Parties bombarded the FCC with conflicting advice on one-touch, make-ready plans and other pole-attachment proposals in a draft order aimed at facilitating broadband deployment. Electric utilities pushed for changes to proposed communications provider self-help in the power spaces on poles, and cable continued voicing concern about OTMR treatment of existing attachments. Incumbent telcos sought stronger action to lower the attachment rates they pay pole owners, though Verizon backed OTMR and others supported agency proposals. Filings were posted in docket 17-84 Thursday as lobbying restrictions took effect and the draft was included in the agenda for the Aug. 2 commissioners' meeting.
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"The item seems to be moving forward well," said one communications stakeholder lawyer, suggesting many parties are focused on "little pieces" from "parochial" interests. "I think the order is in pretty good shape." Most others we talked to earlier in the week offered a similar assessment, though some expected tweaks (see 1807240035).
The Coalition of Concerned Utilities had mixed views, expressing "appreciation that, although the results are not ideal, several of its concerns regarding ILEC rates, overlashing and one-touch make-ready were reflected" in the draft. It criticized two "impractical" proposals, including "the serious, potentially dangerous, and otherwise counterproductive proposal to grant an electric space self-help remedy to communications companies, allowing them to hire utility-approved (and other) contractors to perform electric space make-ready work when pole owners cannot meet the make-ready construction deadlines," said CCU on meetings with aides to Commissioners Brendan Carr, Mike O'Rielly and Jessica Rosenworcel and Wireline Bureau staffers. The group expects most new attachers to be able to use the self-help remedy because "already short make-ready construction deadlines" would be cut by 30 days."
OTMR should apply to only the communications space on poles "because this type of work does not raise the same level of safety concerns as make-ready work in the electric space," said the Edison Electric Institute. EEI and CCU objected to an FCC proposal to require make-ready estimates and final invoices to break down costs on a pole-by-pole basis, including both electric and communications attacher work. Puget Sound Energy voiced the same two objections and Hawaiian Electric cited various concerns.
NCTA pressed its case for bolstering rights of existing attachers, filing on meetings with aides to Chairman Ajit Pai, O'Rielly and Rosenworcel. It also said Fiber Broadband Association, Incompas and Google Fiber arguments "provide no basis for shielding new attachers from bearing responsibility for the consequences of work performed by their contractors." Charter Communications believes existing attachers should be allowed to move their own equipment before a new attacher is allowed to do so, it said a discussion with a Pai aide. Giving existing attachers "a prescribed, short amount of time" to make such moves "would protect consumers from potential disruptions in service while creating a more efficient process," a Charter spokesperson emailed.
Expand a proposed "presumption that ILECs are entitled to competitively neutral rates when attaching to investor owned utility poles," asked USTelecom. "While the draft order would adopt the modified telecommunications rate as the presumptively 'just and reasonable rate' for ILEC attachers, it would do so only for 'newly-negotiated pole attachment agreements' between ILEC attachers and electric utilities." It proposed "the modified telecom rate should be the presumptive just and reasonable rate for ILEC attachers in all joint use agreements."
Verizon and Windstream also sought pole rate changes to address disparities (here, here), but Verizon "applauded" the draft and hailed OTMR. "Windstream supports the FCC’s OTMR proposals and, on balance, we see this order as a positive step," said Thomas Whitehead, vice president-federal government affairs in a statement. "Windstream encouraged the FCC to address the extremely high pole attachment rates charged by co-ops, which are sometimes 400% higher than prevailing telecom rates."
The Computer and Communications Industry Association praised OTMR proposals, in meetings with aides to commissioners. CCIA and Google Fiber (here) disputed previous NCTA arguments. Crown Castle urged the FCC to act against blanket utility bans on attaching equipment in the "unusable" space on a pole. The American Cable Association, Corvallis, Oregon, and T-Mobile also filed.