FCC Proposes Vast Changes to the Federal Regulatory Scheme Governing Cable, Broadband and Telecommunications Pole Attachment Rates, Terms and Conditions
On Nov. 20 the FCC released a Notice of Proposed Rulemaking (NPRM) addressing pole attachment rental rates, certain terms and conditions of pole access, and whether Incumbent Local Exchange Carriers (ILECs) are entitled to the protections of Section 224 of the Communications Act ("Pole Act"). The NPRM puts in play long-standing FCC rules and regulations, including the well-established "cable rate" formula, and proposes to reconsider and possibly revise significant aspects of the long-settled cost-based approach to setting pole rates. Although the FCC reached different conclusions in earlier rulemakings, the momentous changes and rate increases proposed in the NPRM are purportedly based on the FCC's obligation to promote competition and the deployment of broadband infrastructure. For the full advisory, click here.