Ambiguity Concerns Stall N.H. OTMR Rules

including that it contains too much ambiguity by not defining terms like just, reasonable and nondiscriminatory. The department read a 2021 state law as directing it to adopt “nearly verbatim” the FCC’s one-touch rules, said David Wiesner, the department’s legal director, at the JLCAR’s webcast meeting. “We believe it’s important to do that in order to effect the legislative intent to facilitate broadband expansion in the state by making it easier for new attaching entities to install fiber, cable and other facilities on existing utility poles.” The FCC rules are “well understood by the regulated community … most of whom are sophisticated telecommunications carriers,” added Wiesner. Raising concern with OLS’ copious comments, JLCAR Chair Sen. John Reagan (R) said he preferred that “we object to this and give them a month to hash out these language differences.” The state energy department must respond to the panel’s objection by resolving the OLS comments and refiling its proposal with that office and the committee, Wiesner told us after the meeting. “I expect that we should be able to do that and have the revised version of the rules considered for approval at the next regular JLCAR meeting” on Nov. 17. The California Public Utilities Commission adopted a one-touch proposal Thursday (see 2210200073).