News & Analysis as of

Pole Attachment Order

The Need for Speed: FCC Circulates Proposal to Accelerate Broadband Deployment

On March 30, 2017, the FCC released a draft of a combined Notice of Proposed Rulemaking, Notice of Inquiry and Request for Comment designed to facilitate and accelerate the deployment of next generation broadband networks....more

Texas Hold ‘Em: Long-Lasting Pole Attachment Dispute Ends (For Now)

by Davis Wright Tremaine LLP on

In late February, the Texas Court of Appeals issued an opinion resolving an eight-year dispute concerning municipal pole attachment fees charged to AT&T and Time Warner Cable (TWC) by CPS Energy (CPS), an electric utility...more

FCC Approves ILEC Shift to GAAP Accounting, Mitigates Pole Rate Impact

by Davis Wright Tremaine LLP on

At today’s open meeting the FCC adopted a Report and Order that streamlines and eliminates Part 32 accounting requirements governing price-cap carriers, allowing them instead to rely on GAAP accounting methods and thus...more

Broadband Networks: FCC Says “One-Touch” Ordinance Does Not Violate Federal Law

by Best Best & Krieger LLP on

The FCC has advised a federal district court that the City of Louisville, Kentucky’s “one-touch” make-ready ordinance does not violate the pole attachment provisions of federal law. Companies seeking to build new...more

Arkansas Public Service Commission Adopts Comprehensive Set of Pole Attachment Rules

by Davis Wright Tremaine LLP on

On June 24, 2016, the Arkansas Public Service Commission (“Commission”) adopted a comprehensive set of new pole attachment rules that apply broadly to providers of electric, telecommunications, cable television, internet...more

New Telecom Carrier Pole Attachment Rates Will Become Effective March 4

by Kelley Drye & Warren LLP on

The FCC’s modification to the telecommunications carrier pole attachment rate formula have been published in the Federal Register and are set to take effect on March 4, 2016. As we reported in December, the FCC issued an...more

FCC Modified Pole Attachment Formulas to Bring Telecom Rates Down to Parity with Cable Rates

by Kelley Drye & Warren LLP on

On November 24, 2015, the FCC issued an Order on Reconsideration (“Reconsideration Order”) updating the telecommunications carrier pole attachment formula in its rules. The Reconsideration Order granted a four-year old...more

FCC Revises Telecom Pole Attachment Rate Formula

by Davis Wright Tremaine LLP on

New Order Eliminates Possible Disparity in Cable and Telecom Pole Attachment Rates In last week’s Order on Reconsideration, the FCC definitively closed the “telecom formula loophole” thereby ensuring that pole attachment...more

CPUC Proposed Decision Extends Pole Attachment Rights to CMRS Providers

by Davis Wright Tremaine LLP on

On Friday, October 30, 2015, the Assigned Commissioner to a rulemaking at the California Public Utility Commission (“CPUC”) issued a Proposed Decision to extend the state’s pole, conduit and right of way access rights to...more

Worth the Wait? After Thirty-Six Years, the Washington Utilities and Transportation Commission Takes Comprehensive Action on Pole...

by Davis Wright Tremaine LLP on

On October 21, 2015, the Washington Utilities and Transportation Commission (“WUTC”) adopted a comprehensive set of pole attachment rules (hereinafter “Pole Attachment Rules”), following a year-and-a-half-long rulemaking and...more

Open Internet Rules Become Effective June 12: Impact on Pole Attachments

by Davis Wright Tremaine LLP on

On Friday, June 12 – barring a judicial stay – many of the FCC’s “Open Internet” rules will become effective. A significant consequence of the reclassification of retail broadband Internet access service (BIAS) as a...more

FCC Sets Stage for Supplemental Changes to the Federal Telecom Pole Attachment Rate Formula

Today, the FCC Wireline Competition Bureau released a Public Notice seeking to refresh the record on a Petition for Reconsideration filed by the National Cable & Telecommunications Association (NCTA), COMPTEL, and tw telecom...more

FCC Enforcement Bureau Stays Pole Attachment Complaint Proceeding Pending Completion of Arbitration

by Davis Wright Tremaine LLP on

In a March 16, 2015 Letter Ruling, the Market Disputes Resolution Division of the FCC’s Enforcement Bureau granted a request by Duke Energy Carolinas, LLC (“Duke”) for a stay in a pole attachment complaint proceeding brought...more

Impact of Reclassification on Pole Attachments

by Davis Wright Tremaine LLP on

The Order recognizes that the deployment of communications networks and broadband infrastructure depends heavily on access to utility poles on reasonable rates, terms and conditions. Accordingly, the Order declined to...more

FCC Enforcement Bureau Dismisses ILEC Pole Attachment Complaint

by Davis Wright Tremaine LLP on

Earlier this week the FCC’s Enforcement Bureau dismissed without prejudice a pole attachment complaint filed by Verizon Florida LLC (“Verizon”) against Florida Power and Light (“FPL”). It was the FCC’s first substantive...more

Of Buckeyes and Batons Rouges: Ohio and Louisiana Adopt Comprehensive Pole Access and Attachment Rules

In recent separate actions, the Public Utility Commission of Ohio (“PUCO”) and the Louisiana Public Service Commission (“LPSC”) adopted comprehensive pole attachment regulatory regimes intended to facilitate the deployment of...more

North Carolina Court Orders Electric Cooperative Pole Owner to Apply FCC Cable Formula

On May 22, 2014, the General Court of Justice of Rutherford County, North Carolina issued an important Order and Opinion interpreting a state statute governing the maximum lawful pole attachment rates that North Carolina...more

U.S. Court of Appeals for the D.C. Circuit Upholds FCC’s April 2011 Pole Attachment Order

by Davis Wright Tremaine LLP on

In a significant victory for cable and telecommunications providers, today the U.S. Court of Appeals for the District of Columbia Circuit, in a unanimous opinion, upheld the FCC’s April 2011 decision (2011 Pole Order)...more

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