The new federal rules for one-touch make ready (OTMR) finally went into effect on May 21, after having been passed by the FCC last November. For those not familiar with the term make-ready, this refers to any work that has to be done to a pole to make it ready to add a new wire, like a fiber cable. There are national safety standards that define the distance required between different kinds of wires and also clearance required from wires to the ground – and often existing poles can’t accommodate a new wire that meets all of the needed spacing. The make-ready that’s needed to get onto an existing pole often involves rearranging existing wires to create the needed clearance, or in drastic cases a replacement of an old pole with a taller pole.
The new OTMR rules apply only in the thirty states that follow FCC pole attachment rules. The FCC has strongly encouraged other states to implement something similar, but they are not mandated to do so. The new rules also don’t change the fact that poles owned by electric cooperatives and municipalities are exempt from federal pole attachment rules.
The new rules speed up the process of getting onto most poles – but as I’ve dug into the new rules, I’m not sure they are really going to drastically cut the timeline needed to build fiber on poles.
The most significant change in the rules is a new classification of poles as either simple or complex make-ready. The order defines how to make this classification. In real life practice, the new attacher will suggest this determination, although it could get overturned by the pole owners.
There are streamlined new rules and timelines for completing the make-ready on simple poles. If the pole owner is unwilling to commit to fixing simple poles in the needed time frame, then the new attacher is allowed to make the changes after properly notifying the pole owner. The new attacher is free to rearrange any existing wires as needed, again after having properly notified all of the parties. These new rules eliminate situations where a pole owner refuses to cooperate with a new attacher, as happened in a few cities where AT&T fought Google Fiber. Something to consider is that the rules require using a make-ready contractor that has been pre-approved by the pole owner – but there are ways around this in some circumstances.
This sounds like a huge improvement in the pole attachment process because new fiber builders now have a guaranteed process for getting onto poles with simple make-ready. In most places, the majority of poles ought to be classified as simple. This isn’t true everywhere and we’ve seen cities where the majority of poles are crowded and might be classified as complex.
The problem that still remains is any complex poles. Those are poles where the make-ready could cause damage to existing wires or where the old pole must be replaced. The make-ready process for complex poles has always been slow. The new rules tighten up time frames a little, but the time required to get onto a complex pole can still take a long time.
For complex poles the process will still allow the existing wire owners to work sequentially. This coordination has to be scheduled by the pole owner. The process could still take six months even if done perfectly. What’s troubling is that I still don’t see any easy resolution for when the pole owner on the existing attachers drag their feet on complex poles. Other than some slightly improved timelines, the work on complex poles looks to still be as dreadful as today.
What does this mean for aerial construction? Consider a long run of 30 poles where 2 of the poles require complex make-ready. The new attacher can get the make-ready done on the 28 simple poles more quickly than in the past. Those simple poles might be ready to hang the new fiber within 60-days. But new fiber still can’t be hung on this route until all 30 poles are ready.
A new fiber builder still faces the same bad choices they have today. They can wait six months or more for the complex make-ready to be completed. If the complex work bogs down the new attacher faces the prospect of going to the state regulatory commission for help – something that can add an additional six months. The only other alternative is to bury around the complex poles – something that can add a lot of cost, especially when there is rocky soil.
The one-touch make-ready rules would be awesome if networks were comprised mostly of simple poles. A fiber overbuilder could have fiber on poles within a few months of starting a project. However, the reality is that there are many poles in the world that won’t be classified as simple. Many urban poles are too short to add another wire and have to be replaced with taller poles. Poles at busy intersections can already hold a maze of wires. Some poles today are going to carry other impediments like small cell sites that are going to make it harder to add fiber.
We’re going to have to see these new rules in practice before we can conclude that one-touch make-ready provides a major benefit. The FCC’s motives for OTMR are good and they are trying to favor easier fiber construction. We’re just going to have to wait to see if the new rules make any actual difference with the overall timeline for aerial construction.
Doug, you wrote “The new attacher is free to rearrange any existing wires as needed, again after having properly notified all of the parties.”
Is that true of the conductors and cables in the supply region (electric utility area)? I would think for safety reasons the rules would be much more restrictive.
Thanks for the great blog, by the way.
No: Make-ready only applies to wires in the communications space – which is everything below the electric wires.
Electric companies sometimes suggest moving their wires as part of the solution, particularly if they have too much sag – but they never let anybody else touch their wires (for good safety reasons). A pole that needs electric make-ready would be considered as a complex pole.
Make-ready is my biggest expense. If one-touch makes it less expensive to deploy then the negligible time savings is something I can live with.