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
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 June 28, 2021, the U.S. Supreme Court denied the petition for certiorari filed by consortiums of various municipal governments and associations seeking to overturn the Ninth Circuit's decision in City of Portland v. FCC,...more
— Lone issue on 5G "aesthetics" in Small Cell Order remanded to FCC — Dissent limited to disagreeing with FCC's above-cost prohibitions on municipal fees in Small Cell Order - On August 12, 2020, a panel of the 9th Circuit in...more
Some Notable Changes Made to the "One Touch Make-Ready" Rules and Declaratory Ruling Prohibiting State and Local Moratoria on Wireline and Wireless Deployment - Note: This advisory has been updated to reflect that the ILEC...more
Pennsylvania will become the twenty-first state to certify to the Federal Communications Commission (FCC) that it regulates third-party attachments to electric utility and telephone poles. ...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
Some Notable Changes Made to the “One Touch Make-Ready” Rules and Declaratory Ruling Prohibiting State and Local Moratoria on Wireline and Wireless Deployment -
Late Friday the FCC released the text of its Third Report and...more
The FCC, at its Open Meeting today, adopted its Third Report and Order and Declaratory Ruling (“Order”) in the wireline infrastructure docket which, among other things, implements one-touch make-ready (“OTMR”) and prohibits...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
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
The National Electrical Safety Code (“NESC”), published by the IEEE Standards Association (“IEEE”), is the foremost standard for constructing communications plant using existing utility pole infrastructure. For 100 years,...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
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