New Proposed FCC Pole Rules

The FCC recently issued a proposed new set of rules in the ongoing pole docket that also asks for feedback for additional questions, and includes some clarification of earlier orders. The primary focus of the new rules is to define requirements for handling requests to add fiber to 3,000 or more poles at a time. This order is not approved but is included for consideration in the FCC’s July meeting. It’s likely it will be approved.

If approved, the FCC will change the following rules.

 New Rules for Large Attachment Requests. In a new rule that will affect many projects, an attacher must give written notice if it plans to request to attach to the lesser of 300 poles or 0.5 percent of the utility’s poles in a state. Attachers who don’t give the written notice lose the protection of the pole owner having to stick to the FCC timelines. For large pole attachment requests, the attacher and pole owner must meet and confer about the request.

 Change in Attachment Timeline. A pole owner must notify an attacher within 15 days if it can’t meet a survey deadline. A pole owner must notify an attacher within 15 days if it can’t meet a make-ready deadline.

The order sets the following time guidelines for orders of greater than 3,000 poles, but less than 6,000 poles.The timelines for connecting to more than 6,000 poles must be negotiated between the parties.

Self Help. An attacher is allowed to make estimates of the work required for make-ready if the pole owner is unable to do so on a timely basis.

No Limits on Applications. A pole owner can’t set a limit on the size or the frequency of requests from an attacher for pole attachments.

Improvements in the Contractor Approval Process. A pole owner must add a new contractor to its approved list within 30 days if existing contractors can’t get surveys or make-ready done.

Like always, these new rules would only apply in States that follow FCC pole rules.

The FCC also asks for comments to the following questions:

  • Should attachers be required to deploy equipment on poles within 120 days of completion of make-ready work?
  • What are the repercussions for an attacher who fails to deploy equipment within 120 days after the completion of make-ready work?
  • Should attachers make payment on an estimate for pole attachment within a specific period of time after accepting the estimate?
  • Should there be a limit on how much final make-ready costs can exceed the utility’s estimate without having to get additional prior approval from the attacher?
  • Should One Touch Make Ready (OTMR) rules be expanded to cover complex survey and make-ready work?

One thought on “New Proposed FCC Pole Rules

  1. FCC is considering asking a utility to keep up with their normal work, their stakers or line designers to also keep up with their normal work, and also design and install 3,000 to 6,000 poles in 180 days.

    This is extremely reckless with multiple points that could be discussed, and will drive the cost of labor through the roof and guarantee will raise the rates of electric rate payers in the end.

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