Analysis of the FCC’s Third Report and Order and Declaratory Ruling on Pole Attachments and Wireless Siting, One-Touch Make-Ready

On August 2, 2018, the Federal Communications Commission adopted a Third Report and Order (Third R&O) and Declaratory Ruling in its on-going wireline and wireless infrastructure proceedings aimed at removing barriers to broadband deployment. In the Third R&O the FCC significantly revised its rules and regulations governing the pole attachment “make-ready” process, including the establishment of a one-touch make-ready (OTMR) process. The FCC also clarified requirements related to overlashing and indicated that it would preempt express and de facto state and local moratoria on the acceptance, processing, or approval of applications or permits for telecommunications services or facilities. In Part I of this memo we discuss the changes to the FCC’s make-ready pole attachment rules adopted in the Third R&O, as well as the implications of these changes for public power utilities. In Part II we discuss the Declaratory Ruling and its impact on municipal entities generally.