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Rulemaking Launched

CPUC Grants Wireless Industry ROW Petition, Google/Webpass

The California Public Utilities Commission will consider pole-attachment rules allowing licensed phone companies to put wireless equipment on utility poles. In a meeting Thursday, commissioners unanimously voted to grant the petition by the Wireless Infrastructure Association to open a rulemaking to extend right-of-way (ROW) rules of commercial mobile radio services to wireless pole attachments by CLECs. Also, all commissioners voted in favor of Google Fiber’s acquisition of the Webpass telecom affiliate, the last regulatory OK. They voted 4-1 on nearly $47 million in funding for a 1 Gbps middle-mile project.

The commission agreed with WIA that it could advance state policy goals to extend the ROW rules to CLEC wireless attachments. “Our goal for the rulemaking proceeding is to advance the public’s interest in the development of safe and competitive telecommunications infrastructure that provides ubiquitous, competitive, and affordable telecommunications services,” an earlier released draft said. Last month, the agency denied a similar petition by the cable industry to extend CMRS ROW rights to cable wireless facilities (see 1702090043).

The CPUC will consider rules to ensure construction, operation and maintenance of wireless pole attachments, protect worker and public safety, and preserve reliability of power lines and other collocated utility facilities, the draft order said. The commission will seek comment on whether space is sufficient on existing utility poles to support additional telecom attachments, if the costs of replacing existing poles to support additional attachments are a barrier to entry, and if the “urban streetscape” can support more pole attachments, more utility poles or larger poles to replace existing ones. Comments will be due 30 days after the final order is issued. WIA didn't comment.

The CPUC pole attachment proceeding is framed in a balanced way, and that's a good start,” Tellus Venture Associates President Steve Blum emailed us. Blum is a California broadband consultant for cities. “It's going to consider impacts on urban streetscapes along with the core competitive issue of giving wireline phone companies the same access to utility poles as wireless ones," he said. "Big unknowns are how much weight the CPUC will give to municipal concerns, and whether it will allow a meaningful role for local decision makers.”

Also, CPUC members OK’d Google Fiber/Webpass. In October, Google closed on the part of the deal involving Webpass technology but still needed regulatory approval for Webpass’s CLEC license in California. The National Diversity Coalition at first resisted the deal but dropped its opposition in January (see 1701100062). A Google Fiber spokeswoman said the company will complete the buy shortly.

The regulatory green light “keeps Google in the game, particularly in urban areas where there are opportunities to deliver spot service to apartment and office buildings via wireless links,” Blum said. “It would have been better if Google hadn't pulled out of the fiber business, but with the Webpass acquisition it maintains at least some disruptive potential. The more competition, the better.”

Commissioners voted 4-1 to give a $46.7 million grant from the California Advanced Services Fund to a 300-mile Inyo Networks middle-mile project linking the Humboldt Bay region to the Northern Sacramento Valley. “There’s tremendous value in middle-mile projects in terms of bridging the digital divide,” said Commissioner Carla Peterman. The network will connect 307 unserved households and 102 anchor institutions in rural and mountainous areas, said Commissioner Liane Randolph. President Michael Picker voted no because he said he wasn't satisfied the network would promote last-mile competition or that there was significant industry interest in the cell towers.