Utility Poles

News & Analysis as of

Google’s Pole Attachment Rights in California on Hold for Now

The California Public Utilities CPUC (CPUC) released a Proposed Decision on February 20, 2015 denying a petition by Google Fiber Inc. (Google) to modify the CPUC’s Video Service Provider Decision or DIVCA Order. Google’s...more

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

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

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

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 Issues First Decision Controlling Coop Pole Attachment Rates

This is a story of persistence and perseverance, if not patience. The cable industry finally obtained some control over skyrocketing pole attachment rates charged by cooperative utilities in North Carolina when the...more

Utility Pole Not A Point Source Under The Clean Water Act

Last week the Ninth Circuit held that utility poles are not “point sources” of stormwater discharge nor “associated with industrial activity,” and therefore do not require an NPDES permit to comply with the Clean Water Act....more

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

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

New Hampshire PUC Addresses Pole Attachment Rates

The New Hampshire Public Utilities Commission (PUC) today issued an order approving a settlement of a pole attachment rate dispute between Public Service Company of New Hampshire and Time Warner Entertainment Company L.P....more

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