Telecom Industry Says Make-Ready Includes Pole Replacements in Maine

Make-ready work includes pole replacements under Maine rules, argued the telecom industry in Monday comments in docket 2018-00136 at the Maine Public Utilities Commission. The PUC asked if replacement of utility poles is make-ready under Section 7(A) of Chapter 880 of its rules, and if so, if such replacements are subject to that section’s exemption for “non-commercial, non-competitive use consistent with the police power of [a] municipality.” The rule is unambiguous that make-ready work includes pole attachments, consistent with rules in five other states and the FCC, CenturyLink said. "It is also consistent with the plain meaning, common usage and industry practice when it comes to make-ready work." ExteNet, Comcast and Charter Communications agreed, with the cable companies commenting, “This purely legal inquiry is not difficult or complicated, nor should it take long.” Central Maine Power disagreed. “It would be inappropriate to conclude that the costs associated with pole replacements are subject to the exemption in Section 7(A) regardless of whether or not the municipal activity is considered to be for non-commercial, non-competitive purposes consistent with the police power of a municipality,” it said. The PUC would need to hold a rulemaking to include pole replacements. "Even with such rulemaking, the Commission may be legally constrained if it attempts to impose the Section 7(A) exemption for the pole replacement costs."