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Pleading Cycle Established for FCC’s Proposed Changes to Pole Attachment Timelines, Processes and Rates
by: Energy, Telecommunications and Utilities - Barnes & Thornburg of Barnes & Thornburg LLP  -  The Energy, Telecommunications and Utilities Practice Group
Friday, May 12, 2017

The pleading cycle for the Notice of Proposed Rulemaking, Notice of Inquiry and Request for Comment (FCC 17-37) (NPRM), in which the FCC proposes changes to its pole attachment timelines, processes, rates and complaint procedures, has been established with the publication of the NPRM in the Federal Register. Comments are due on or before June 12, 2017, and reply comments are due on or before July 10, 2017.

Requests for comments broadly include a complete reexamination of existing make-ready procedures and charges, proposed removal of capital expenses from pole attachment rates, and the imposition of a pole attachment shot-clock for complaint resolutions. Also investigated is the appropriate rate for commingled services, including when a cable operator or a telecommunications carrier offers information services as well as cable or telecommunications services over a single attachment. More can be read about the FCC’s proposed changes here.

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