CTIA Gets Pole Attachment Clarity in Response to 2019 Petition
The FCC Wireline Bureau clarified pole attachment rules Wednesday in light of a 2018 infrastructure order, in response to a September CTIA petition (see 1909090051). “The imposition of a ‘blanket ban’ by a utility on attachments to any portion of…
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a utility pole is inconsistent with the federal requirement that a ‘denial of access ... be specific’ to a particular request,” the bureau ruled. “While utilities and attachers have the flexibility to negotiate terms in their pole attachment agreements that differ from the requirements in the Commission’s rules, a utility cannot use its significant negotiating leverage to require an attacher to give up rights to which the attacher is entitled under the rules without the attacher obtaining a corresponding benefit.” The FCC addressed other parts of the petition in June, clarifying 3-2 rules for collocation of wireless infrastructure on existing cell towers (see 2006090060). “The clarity that this ruling provides will help ensure that the legal rights of providers seeking pole access to build out and upgrade their networks cannot be denied by pole owners” and will be “particularly beneficial for smaller providers,” said ACA Connects President Matt Polka. The Utilities Technology Council was disappointed by the ruling. “While the FCC has done tremendous work funding broadband projects across the country, it continues to focus on the myth that pole attachments are some kind of barrier to broadband deployment,” the group said: “Numerous studies have proven that pole-attachment costs and regulations have little to no impact on broadband or wireless deployment.”