FCC Seeks Input on Resolving Disputes Over Costs for Pole Replacements

The Federal Communications Commission issued a Second Further Notice of Proposed Rulemaking on establishing clear standards for how utilities and attachers must share in the cost of pole replacements. Specifically, the FCC seeks comment on the following:

• How to determine whether and to what extent utilities directly benefit from various types of pole replacements in situations where a pole replacement is not “necessitated solely” by a new attachment request.
• What standards the FCC should establish for requiring utilities to pay a proportional share of pole replacement costs.
• When weighing the costs and benefits of early pole retirements, what is the best approach to align economic incentives between communications attachers and utilities.
• Whether requiring utilities to pay a portion of the costs of a pole replacement would positively or negatively affect negotiations of pole attachment agreements and broadband deployment.
• What measures the FCC could adopt to avoid disputes, or expedite the resolution of pole replacement disputes; and
• What scope of refunds the FCC should order when it determines that a pole attachment rate, term, or condition is unjust and unreasonable.