FCC Wireline Item Looks to Ease Pole Attachments, Copper Retirement, Service Discontinuance
The FCC would seek to spur advanced wireline broadband investment and deployment through further regulation of pole attachments and deregulation of telco retirement of legacy networks and services, under a draft item that Chairman Ajit Pai Thursday placed on the tentative agenda for a Nov. 16 commissioners' vote. The 109-page draft "seeks to accelerate the deployment of next-generation networks and services by removing regulatory barriers to infrastructure investment; to speed the transition from legacy copper networks and services to next-generation fiber-based networks and services; and to eliminate Commission regulations that raise costs and slow broadband deployment," said a summary.
An order would address pole-attachment proposals teed up in an May NPRM (see 1704200046). The draft would codify a rule to exclude certain capital expenses -- when already recovered through nonrecurring make-ready fees -- from recurring pole-attachment rates. It would establish a 180-day shot clock for Enforcement Bureau resolution of complaints over pole-attachment access, and it would create a "reciprocal system of infrastructure access" in which ILECs and other LECs would be allowed access to each other's infrastructure. ILECs haven't had the same rights as CLECs and cable providers.
The process of ILEC copper retirements and other network changes would be streamlined under the order to speed the transition to IP-based networks, keeping some rules where the costs are seen as outweighing the benefits. It concludes the FCC majority in 2015 failed to ensure the balanced objective of giving competing providers "adequate but not excessive, time to respond" to ILEC changes "when it imposed far-reaching and burdensome notice obligations" on ILECs. "By reforming our rules ... we eliminate unnecessary delays in our regulatory process that help carriers more rapidly transition to more modern networks," the draft said. It also would eliminate a prohibition on ILECs engaging in "useful advanced coordination" with affiliated and unaffiliated entities affected by network changes.
The order also would relax the telecom service discontinuance process under Section 214(a) of the Communications Act. It would do so by "reducing the comment and automatic-grant timeframes for applications seeking to: (i) stop taking new customers for low-speed legacy voice and data services; (ii) discontinue low-speed legacy data services for which carriers already are not taking new customers; and (iii) discontinue low-speed legacy voice and data services with no customers." The draft also would clarify "that carriers need only consider their end users in seeking discontinuance authority." It would reject certain other proposals, including the National Rural Electric Cooperative Association's to place additional conditions on discontinuance of DS1 and DS3 business lines, and Verizon's to impose "shot clocks" on FCC processing of discontinuance applications.
A declaratory ruling would undo a "functional test" for determining whether a service is being discontinued, reduced or impaired. "Instead we find that a carrier’s description in its tariff -- or customer service agreement in the absence of a tariff -- is dispositive of what comprises the 'service' being offered by that carrier for purposes of determining whether section 214(a) discontinuance authority is required," said the draft, citing increased incentives for next-generation deployment.
A Further NPRM would seek comment on various issues: "On streamlining the process to retire services that are too slow to qualify as high-speed broadband so that carriers can focus their investments on accelerating the deployment of high-speed broadband [25/3 Mbps] service;" "on how utilities should treat requests by pole attachers to overlash existing wiring or conduct customer drops;" "on proposals to further streamline the network change disclosure and discontinuance processes;" [and] "on whether the Commission can take targeted actions to facilitate rebuilding and repairing broadband infrastructure after natural disasters."
USTelecom CEO Jonathan Spalter said in a statement: “With this draft order, the FCC is proposing some very positive steps to speed transition to more modern networks and the benefits they will bring consumers. By eliminating deterrents to network upgrades, consumers will win in a big way.” Incompas said it's reviewing the draft.
The FCC also released details on its order, the first of several expected, making it easier for the wireless industry to site small cells and other facilities (see 1710260038). “This Order would determine that there is no potential effect on historic properties when utility poles are replaced with substantially identical poles that can be used to support antennas or other wireless communications equipment,” said a fact sheet and accompanying draft order. “Therefore, it would conclude that individualized historic preservation review is unnecessary in such circumstances.”
The FCC said it's also simplifying its rules, clarifying existing requirements without otherwise modifying them. “This reorganization should make it easier for affected parties to understand and comply with these requirements, and it will lay the groundwork for additional measures to streamline the review process and remove other impediments to rapid deployment,” the FCC said.
Commissioner Brendan Carr, who's heading the wireless infrastructure push, tweeted on a meeting with Ericsson officials in Plano, Texas, as part of a visit to the state. “Enjoyed meeting the team @ericsson … learning more [about] 5G research & development,” Carr tweeted. “Streamlining infrastructure rules will be key.”