FCC Announces Order Forthcoming in Pole Attachment Rulemaking Proceeding

Yesterday, the FCC announced it will adopt an order altering its regulations governing pole attachments at its April 7 meeting. It appears that this order will address most of the outstanding issues left over from its May 2010 order on pole attachments, including attachment rates for telecom carriers, and access and enforcement issues, which we summarized here.

In addition, it appears that the FCC will address pending petitions for reconsideration filed in response to its May 2010 order. Those petitions ask the FCC to clarify or reverse parts of the order dealing with utility obligations to allow third party attachers to employ boxing and bracketing techniques on a non-discriminatory basis, and whether pole replacements are properly understood as an expansion of capacity or a routine outside plant construction technique.