State regulators in two states that have certified to the Federal Communications Commission ("FCC") that they regulate pole attachments recently released orders resolving important pole attachment and broadband deployment...more
On December 15, 2023, the Federal Communications Commission (FCC) released the text of its long awaited Fourth Report and Order, Declaratory Ruling, and Third Further Notice of Proposed Rulemaking addressing pole replacement...more
The Federal Communications Commission (FCC) has circulated for consideration at its March 16 open meeting a draft Second Further Notice of Proposed Rulemaking (FNPRM) seeking comment on whether the agency should further...more
On Monday August 12, the Federal Communications Commission (FCC) Enforcement Bureau issued a Memorandum Opinion and Order in MAW Communications, Inc. v. PPL Electric Utilities Corp., finding that PPL had unlawfully denied...more
New “One Touch Make-Ready” Regime Proposed with Shortened Timeframes and Revised Terms for Completing Pole Attachment -
Draft Declaratory Ruling Would Prohibit State and Local Moratoria on Wireline and Wireless Deployment...more
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
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
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
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
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
11/4/2015
/ AT&T Mobility ,
Cable Operators ,
Commercial Mobile Radio Service (CMRS) ,
CPUC ,
Critical Infrastructure Sectors ,
Pole Attachment Order ,
Public Utilities Commission ,
Right of Way ,
Telecommunications ,
Utilities Sector ,
Utility Poles ,
Wireless Industry ,
Wireless Technology
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
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
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
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