FCC Eyes 'Tweaks' to Pole-Attachment Draft, Some Say; OTMR 'Walkbacks' Not Expected
The FCC is considering some revisions to a draft order on one-touch, make-ready and other pole-attachment policies aimed at facilitating broadband deployment, an informed source said Wednesday. Commissioners are looking at making "tweaks" on "details" in response to a "laundry list" of industry requests, but the main parts of the combined OTMR/pole draft order and declaratory ruling against state and local moratoria are expected to stick, the person said. "It wouldn't surprise me if there are tweaks," said an FCC official, noting heavy lobbying on the 102-page draft (see 1807300040 and 1807260036). Other commission officials didn't comment.
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
There appears to be little controversy on exploring creation of a connected care pilot program, the subject of a draft notice of inquiry. Both items are scheduled for a vote at Thursday's meeting of commissioners.
Statements by Google Fiber, Incompas and 12 others backing the OTMR proposals of Chairman Ajit Pai were highlighted in a release from his office. Commissioner Brendan Carr's office said "support builds" for the connected care pilot program, noting positive statements from a dozen lawmakers and others.
"I'm not expecting any big walkbacks to OTMR," said a communications industry lawyer, citing Pai's "full-throated support" at a Broadband Deployment Advisory Committee meeting last week (see 1807270020). Pai has said the OTMR draft would streamline pole attachments, which currently require sequential work by new and existing attachers, without compromising existing attachments and worker safety.
Pai hailed OTMR in responding to Rep. Anna Eshoo, D-Calif., and 13 House colleagues, who criticized "lack of coordination with local governments" on BDAC (here). BDAC's "work is already paying off," Pai wrote in a July 23 letter posted Tuesday. "Under OTMR, the party with the strongest incentive -- the new attacher -- would be allowed to quickly perform all make-ready work, rather than spreading the work across multiple parties. By making it quicker and cheaper to attach to poles, we can accelerate network buildout and make it easier for new entrants to provide more broadband competition. The draft order includes safeguards to protect the public and worker safety and excludes from OTMR new attachments that are more complicated or above the 'communications space' of a pole, where safety and reliability risks are greater."
Communications Workers of America disputed such descriptions, warning of devastating consequences without significant changes. The current FCC proposal "endangers workers and could send CWA members’ work -- done by skilled employees who know the equipment and have extensive training -- to unskilled, untrained, low-wage contractors," said CWA, citing union member concerns. "I just hope [commissioners] understand this is their opportunity to preserve good jobs," Research Director Debbie Goldman told us. She noted nine letters from 21 senators and representatives voicing concerns, including one from Rep. David McKinley, R-W.Va., and a dozen colleagues. Electric utilities, the cable industry and incumbent telcos also have expressed worries.
CTIA praised the draft declaratory ruling "to clarify that moratoria -- whether express or de facto, interim or not -- are barriers to wireless deployment and prohibited under the Communications Act." Responding to a request from an aide to Commissioner Mike O'Rielly, "CTIA stressed that timely Commission action on this issue and in addressing several other types of regulations or requirements that have been identified by industry as substantially delaying or deterring service is essential to creating capacity for today’s 4G LTE networks and supporting the nation’s next-generation technologies and services," said a filing posted in docket 17-84 Tuesday.