FCC Proposes Two Items to Expedite Wireline and Wireless Attachments to Utility Poles

by Davis Wright Tremaine LLP

Davis Wright Tremaine LLP

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

Last spring, largely responding to claims by Google Fiber that existing attachers and sequential make-ready costs and delays were impeding broadband deployment, the FCC circulated a proposal for substantial changes to its pole attachment make-ready rules and associated timelines to accelerate the deployment of new networks and attachments to utility poles. A few jurisdictions around the country also adopted new accelerated make-ready policies with mixed success. Now, in a draft Third Report and Order and Declaratory Ruling scheduled for an August 2 vote, the FCC has proposed its own “one touch make-ready” (“OTMR”) process to speed up attachments for both wireline and wireless attachments to utility poles. The draft order would allow new attachers to use their own utility-approved or qualified contractors to perform “simple” make-ready on existing attachments in the communications space. It would also create a “self-help” remedy authorizing new attachers to directly hire utility-approved contractors to do “complex” communications make-ready and work above the communications space, including in the power supply space, depending on the extent to which the pole owner and incumbent attachers do not meet the new accelerated timelines.

In addition to OTMR, the draft Order substantially shortens timeframes for all make-ready work and codifies existing rules prohibiting advance approval for overlashing and imposing limits on advance overlashing notice requirements. The draft Order also expressly prohibits pole owners from charging new attachers or overlashers for correcting pre-existing safety violations or using such non-compliance to delay attachment or overlashing and requires all make-ready estimates and final invoices to be detailed and itemized.

In a separate declaratory ruling designed to help speed the deployment of competitive facilities and services, the draft also proposes to preempt any state or local government express or de facto moratoria on processing telecommunications facilities deployment as a violation of Section 253 of the Communications Act. If adopted, this Declaratory Ruling would be a significant victory for companies seeking to deploy communications facilities in local rights of way.


Pole attachments have had their fair share of the FCC’s attention in two recent dockets (wireline and wireless infrastructure), with changes to pole attachment complaint procedures, revisions to the telecommunications attachment rate formula, extensive proposals by the FCC’s Broadband Deployment Advisory Committee, and now with this proposal for accelerating broadband deployment through OTMR and a ban on local moratoria on facility deployment.

The draft Order provides as follows:

1. OTMR:

a. Pre-Construction Survey: A new attacher (after reaching a pole attachment agreement with the pole owning utility) may elect OTMR, giving the new attacher the responsibility to perform pre-construction surveys and the right to perform “simple” make-ready in the communications space using a utility-approved or qualified contractor. The new attacher must provide 3-days advance notice of the survey to existing attachers and pole owners, all of whom may attend and observe the survey. The new attacher’s contractor is responsible for determining in the survey whether required work constitutes “simple” make-ready, defined in the proposed rules as work in the communications space involving transfers of communications lines that require no splicing and that would not likely result in a service outage or require relocation of wireless facilities. If the pole owning electric utility (not an ILEC) objects to the “simple” designation in writing with supporting evidence, the work is deemed complex, and is excluded from the OTMR process.

b. Pole Permit Application: After conducting the OTMR survey, the new attacher submits a pole permit application to the utility which then has 10 business days to determine if the application is complete and notify the new attacher of any specific deficiencies. If there is no timely determination of a deficiency, the application is deemed complete. A resubmission of a previously deficient application is deemed complete within 5 business days, unless new deficiencies are specified by the pole owner. The pole owner must determine within 15 days (which runs from submission of a complete application, not any determination of completeness) whether to grant a complete application (down from 45 days under existing rules) for applications encompassing up to the lesser of 300 poles or .5 percent of the pole owner’s state-wide inventory. Applications covering more than either 300 poles or .5 percent of the pole owner’s state-wide inventory (up to 3000 or 5 percent of inventory) must be processed in 30 days (down from 60 days). Timeframes for processing applications covering in excess of 3000 poles or 5 percent of the pole owner’s inventory (whichever is lesser) must still be negotiated in good faith. Applications not acted upon by the pole owner in governing timeframes are “deemed granted.” Any denial “must be specific and include all relevant evidence and information supporting its denial and must explain how such evidence and information relate to a denial of access for reasons of safety, reliability, lack of capacity, or engineering standards.” 

c. Commencement of “Simple” OTMR Work: After an application is granted or “deemed” granted, and upon 15 days prior notice to pole owners and existing attachers of the date and time of the make-ready, a description of the work involved, the name of the contractor being used, and an opportunity to observe the make-ready work, the new attacher may commence OTMR work. Pole owners and existing attachers have a right to be present during OTMR work. A new attacher must immediately notify an affected attacher or pole owner in the event that make-ready work damages facilities, causes an outage, or could reasonably be expected to interrupt service. OTMR does not apply to “complex make-ready,” which is defined to encompass any transfers or work within the communications space that would be reasonably likely to cause a service outage or facility damage, including splicing of communications lines, or to relocation of wireless equipment. OTMR also would not apply to make-ready above the communications space or pole replacements.

d. Post Inspection: Within 15 days of completing OTMR the new attacher must notify the affected utility and existing attachers, giving them 30 days to inspect the work. If damage is found, the utility or existing attacher has 14 days from completion of the inspection to notify the new attacher of any damage, which the utility or existing attacher may either repair at the new attacher’s expense, or require the new attacher to repair within 14 days of notice. The FCC declined to adopt a rule requiring new attachers to indemnify existing attachers for outages, finding instead that contract and tort laws provided sufficient remedies. As set forth below, utility-approved contractors are required to be adequately insured and/or bonded.

2. Choice of Contractor. For survey and simple make-ready work, OTMR attachers must choose from a list of “utility-approved” contractors. If no “approved” list is provided, OTMR attachers may use “qualified” contractors who meet criteria set forth in the rules. A qualified contractor must agree to follow published utility safety codes or the NESC where published codes are not available; acknowledge it can read and understand licensed engineered pole designs for make-ready; agree to abide by OSHA rules; agree to meet existing utility safety and reliability thresholds; and be adequately insured or bonded. A pole owner may disqualify any contractor for reasons of safety and reliability including having a record of prior significant safety violations. There is no requirement for the new attacher to use union workers for OTMR even if the pole owner must do so itself for make-ready it performs. The new attacher must certify that the chosen contractor meets the requirements prior to the survey or in the make-ready notice. An existing attacher may not veto a new attacher’s contractor but it may work with the pole owning utility to include certain contractors on the utility approved contractor list.

3. Ordinary Application Review and Make-Ready. The FCC draft Order would maintain the 45-day period for reviewing and approving or denying applications for non-OTMR projects, but the utility must use “commercially reasonable efforts” to give notice of the time for any surveys. The proposal also shortens the timeframes for non-OTMR make-ready work in the communications space, from 60 days to 30 days for applications up to the lesser of 300 or .5 percent of the utility’s poles in a state, and from 105 days to 75 days for larger orders; and above the communications space, from 90 to 60 days for applications up to lesser of 300 or .5 percent of the utility’s poles in a state and from 135 to 105 days in the case of larger orders. A utility may have an additional 15 days to complete make-ready. Multiple applications submitted within 30 days of each other may be considered to be one application. Load studies for new applications are not prohibited, but the FCC includes vague cautions that they must be reasonable, nondiscriminatory and applied fairly and efficiently. The draft Order also imposes responsibility on the new attacher to coordinate with existing attachers to encourage completion of make-ready within the prescribed timeframes. An existing attacher may deviate from the time limits during performance of complex make-ready for an additional 30 days for documented reasons related to safety or service interruption that render completion within the time limits infeasible.

4. Self-help Remedy. If a utility fails to meet the revised timeframes for non-OTMR surveys or make-ready work, the new attacher may hire a qualified contractor to complete the survey or make-ready work. The new attacher must use commercially reasonable efforts to provide the affected utility and existing attachers 3 business days’ notice of any field inspection (survey) and 5 business days’ notice of impending make-ready, so they may be present. Contractors for self-help make-ready that is complex or above the communications space must be selected from a list of authorized contractors maintained by the utility, to which list new and existing attachers may request that qualified contractors be added. The utility may not unreasonably withhold its consent for such additions.

5. Bifurcation. If the new attacher electing OTMR determines that the make-ready involves both simple and complex work, then the new attacher may bifurcate the work by completing the simple work under OTMR while waiting on the complex make-ready to be done under the ordinary make-ready rules. The new attacher can also elect to have the entire project done under the ordinary make-ready process.

6. Overlashing. The new rules would codify the FCC ‘s existing overlashing policy, and forbid utilities from imposing substantial advance notification requirements or requiring burdensome and unnecessary engineering and pole loading studies before overlashing. The proposal would:

  • Reaffirm that no prior approval for overlashing is permissible;
  • Limit advance overlashing notice to 15 days or less, to the extent any notice is required;
  • Prohibit utilities from imposing “quasi- application or quasi- pre-approval requirements on attachers, such as requiring engineering studies” (an overlasher is “responsible for its own equipment and shall ensure that it complies with reasonable safety, reliability, and engineering practices.”);
  • Authorize the utility to conduct its own engineering study during the advance notice period to determine whether the overlashing creates a capacity, safety, reliability or engineering issue;
  • Authorize the utility to deny access to a pole for overlashing during the specified advance notice period only if it provides the attacher with specific documentation that the overlash creates a capacity, safety, reliability or engineering issue; and
  • Require the overlasher to address any such issues timely documented by the utility prior to proceeding with the overlash.

7. Pre-existing non-compliance. The FCC clarifies that utilities may not hold new attachers responsible for the cost of correcting pre-existing violations, even where the new attachment may precipitate correction of the violation. It also states that utilities may not deny new attachers access to the pole or delay make-ready based on safety concerns arising from a pre-existing violation.

8. Pole owner construction standards. While the FCC declined to adopt attacher requested limits on pole owner construction standards, it did provide some relief for new attachers employing contractors to perform OTMR make-ready work. Qualifying contractors may use NESC standards where the pole owner has not published or otherwise made its standards available.

9. LEC Pole Attachment Rates. The FCC revised its rules to establish a presumption that for newly negotiated agreements between incumbent LECs and utilities, the incumbent LEC will be eligible for comparable rates, terms and conditions as CLECs and cable operators, unless the utility rebuts the presumption with evidence that the LEC receives benefits that materially advantage it over other telecommunications attachers. Under the FCC’s 2011 rule changes, ILECs bore the burden of overcoming a presumption that, because of their pole owner status, they were not similarly situated to CLEC attachers and therefore not entitled to CLEC pole attachment rates; that presumption is now reversed except for joint-use agreements.

10. Other Proposals. The FCC draft considers but rejects three proposals raised by commenters, including requiring uniform permit applications, establishing a web-based pole tracking system, and imposing limits on utility-specific construction standards. On a fourth proposal, the FCC found that it did not have a sufficient record to prohibit blanket bans on attachments of equipment in the unusable space but is open to revisiting the issue.

11. Network Restoration. Finally, in a stand-alone section after OTMR and pole make-ready provisions, the FCC asserts authority under sections 253 and 332 to preempt state and local requirements that inhibit network restoration after a disaster, and commits to exercising that authority “on an expedited adjudicatory case-by-case basis where needed.”

The draft declaratory ruling provides:

Preemption of State and Local Moratoria. The FCC’s draft also proposes to adopt a declaratory ruling holding that state and local government moratoria that explicitly or effectively prohibit the deployment of wireless or wireline facilities violate Section 253 of the Communications Act, 47 U.S.C. § 253. The proposed declaratory ruling is an important step by the FCC to address a significant problem that has adversely affected the deployment of new wireless facilities and services. 

The draft declaratory ruling responds to issues raised in both the Wireline Infrastructure Notice of Inquiry and the Wireless Infrastructure NPRM regarding moratoria and delays by state and local governments. The record developed in those proceedings demonstrated a significant and widespread problem of both local governments adopting explicit moratoria, pursuant to which they refused to accept or act on applications to deploy facilities, and de facto moratoria, where local governments simply would not act on applications or would create extensive delays. Although in many respects the draft restates and relies on established standards and interpretations, in light of the record of continued moratoria and delays, the FCC is proposing this draft declaratory ruling to hopefully put the issue to rest.

As a threshold matter, the FCC makes clear that Section 253 applies to both wireless and wireline telecommunications services. That conclusion, which is consistent with prior FCC orders and court decisions, is nonetheless important as many local governments have argued that Section 253 does not apply to wireless facilities in the public rights-of-way.

Based on the record, the FCC holds that both express and de facto moratoria violate Section 253. The FCC proposes to define “express” moratoria as written “legal requirements that expressly, by their very terms, prevent or suspend the acceptance, processing, or approval of applications or permits necessary for deploying telecommunications services and/or facilities.” The FCC proposes to define “de facto” moratoria as state or local actions “that effectively halt or suspend the acceptance, processing, or approval of applications or permits for telecommunications services or facilities in a manner akin to an express moratorium.” The FCC explains that situations cross the line into de facto moratoria where the delay continues for an “unreasonably long or indefinite amount of time such that providers are discouraged from filing applications, or the action or inaction has the effect of preventing carriers from deploying certain types of facilities or technologies.” Examples of de facto moratoria identified by the FCC include “blanket refusals to process applications, refusals to issue permits for a category of structures, frequent and lengthy delays of months or even years . . ., and claims that applications cannot be granted until pending local, state, or federal legislation is adopted.” Ultimately, the FCC explains that de facto moratoria exist “if applicants cannot reasonably foresee when approval will be granted because of indefinite or unreasonable delay. . . .”

The FCC rejects the argument that all “temporary” moratoria are permissible simply because they are of a limited, defined duration. Notably, the FCC rejects the justification used by many local governments that moratoria are necessary for “planning purposes or government study.” The FCC emphasizes that Congress “severely limit[ed]” the authority of state or local governments and “Congress did not countenance generalized government study and planning.”

The draft declaratory ruling also finds that moratoria are not protected by the exceptions found in either Section 253(b) or Section 253(c) “with rare exceptions.” Notably, the draft declaratory ruling finds that most moratoria are not competitively neutral because they “will favor incumbents over new entrants and existing modalities over new technologies.” This finding rebuts assertions by local governments that they are allowed to impose regulations that treat all “new entrants” the same or treat “all wireless” installations the same. The draft declaratory ruling recognizes that Section 253 prohibits local governments from favoring one group of providers or a particular technology.

The draft declaratory ruling also emphasizes that it is “even less likely” that moratoria can be saved under Section 253(c) as necessary to manage the public rights of way. The FCC emphasizes that Section 253(c) protects only “certain activities that involve the actual use of the right-of-way.”


There are significant details in draft Third Report and Order and Declaratory Ruling as well as changes to rules that will have to be digested by local governments as well as pole owners and existing attachers. The draft may be edited and amended before being adopted, and it is likely that numerous entities will seek changes in ex partes up to the Sunshine cutoff a week before the August open meeting. We will update when a final Report and Order and Declaratory Ruling are adopted.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Davis Wright Tremaine LLP | Attorney Advertising

Written by:

Davis Wright Tremaine LLP

Davis Wright Tremaine LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.