Vt. Public Service Board (PSB) issued revised pole attachment rul...

Vt. Public Service Board (PSB) issued revised pole attachment rules that essentially reflected FCC formula for all certified cable and telecom providers. Revised rules require pole-owning utility (POU) to establish single pole rental rate for all attaching entities, including cable and CLECs. That’s in contrast to many other states where surcharge is levied on telecom providers, said attorney Paul Glist, who represented New England Cable Assn. before PSB. In deciding not to adopt 2nd less favorable rate formula for telecom providers, board followed example of Cal., only other state to do so, he said. New rules also make major improvements in area of “make-ready” (work necessary to make pole available for attachment of additional facilities). They bar POUs from denying access based on insufficient capacity where make-ready can be used to increase or create additional capacity. Other changes include: (1) Rules permit attaching parties to use outside contractors to increase capacity on POU plant when utility can’t. (2) Fixed time limits are set for completion of make-ready. (3) Utility is obliged to seek least-cost alternatives such as pole top extenders while executing its own make-ready. (4) No additional application or payment is required for attaching entity such as cable operator to overlash (add fiber, for example) its plant to existing attachments and only one day’s notice to utility is required. State legislature, which is doing economic impact study, must approve new rules, Glist said.