Conn. Agency Proposes One-Touch, Make-Ready Rules
Connecticut could adopt one-touch, make-ready (OTMR) rules next month adapted from the FCC framework. The state’s Public Utilities Regulatory Authority (PURA) released a proposed decision Tuesday to establish an OTMR process to facilitate “efficient development and deployment of advanced telecommunications and broadband infrastructure” and encourage shared use of poles. New Hampshire regulators are also moving toward adopting OTMR rules based on FCC rules.
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PURA sought to improve “the attachment process for third-party attachers and [relieve] the substantial backlog of unprocessed pole attachment applications due -- at least in part -- to delays in make-ready work,” said the draft OTMR order. PURA’s proposal would also implement a self-help, make-ready option for attachers, modify the attachment application fee structure and update timelines for processing applications and performing make-ready work. It would set up an accelerated dispute resolution process and a work group “tasked with pursuing creative and timely resolutions to related policy matters.”
PURA proposed adopting FCC rules and timelines, “subject to certain language changes that reflect differences in terminology and the state’s existing pole administration process.” Some commenters recommended adopting the FCC’s OTMR policies with no changes, but others sought modifications, said PURA: Some supported using Maine’s OTMR framework as a base.
Proposed Connecticut tweaks to FCC rules include requiring attachers to have a “reasonable opportunity to perform their own make-ready work” and requiring insurance and indemnification provisions to protect attachers, the draft said. “OTMR contractors must be trained to work on coaxial cable,” and disputes between attachers must be resolved between themselves and not by pole owners or single pole administrators. “The definition of complex make-ready work must be modified so that all make-ready work conducted on poles with wireless facilities is not automatically deemed complex,” it said: Municipal and governmental attachers are explicitly permitted to perform OTMR and photos of OTMR work must be submitted when complete.
Telecom companies and state agencies urged PURA last month to quickly adopt OTMR, but Communications Workers of America raised concerns (see 2203150022 and 2203020013). PURA carefully considered CWA’s safety concerns and thinks the proposed rules “provide sufficient safeguards to protect worker and public safety,” the draft said. “The inspection process allows for the timely identification and resolution of those types of violations or safety hazards that had been identified by the CWA.”
Exceptions to PURA’s draft order are due April 25, said a schedule for docket 19-01-52RE01. PURA tentatively scheduled oral argument April 29 and a final vote May 11.
The New England Cable and Telecommunications Association and members "are still reviewing the Authority’s lengthy draft decision and expect to file additional comments," emailed NECTA President Tim Wilkerson. "Establishing efficient and cost-effective pole attachment rules is important to successful broadband deployment in Connecticut."
States Weigh Attachments
An update to New Hampshire pole attachment rules, which would include adding OTMR, will be considered by the Public Utilities Commission and Energy Department at a joint meeting June 10 at 1 p.m., said David Wiesner, the department’s legal director: Written comments are due June 21. The PUC expects to release a notice order by Thursday, its spokesperson said Tuesday.
The “substance of the proposed new rules is the same in most instances” as existing PUC rules except that they add OTMR procedures and timelines required by a 2021 state law, the department said in a April 6 rulemaking notice form in docket RUL 22-001: The proposed rules “effectively incorporate” the FCC’s OTMR provisions.
The Florida Public Service Commission sent pole-attachment rules on pole safety and vegetation management Monday to the Florida State Department, said a filing in docket 20210138. Meanwhile, the state’s Division of Administrative Hearings (DOAH) Monday closed a November challenge by Florida Internet and Television (FIT) to dispute rules the PSC adopted in November in docket 20210137. FIT asked to dismiss its challenge after the agency modified the rules March 3. DOAH scheduled an April 19 hearing at 9 a.m. in Tallahassee on AT&T’s challenge to the revised dispute rules (see 2203150022), said a March 18 notice.
The Maine PUC received comments March 25 on a proposed centralized database for pole management in docket 2021-00321. “We are reviewing comments to the proposals to determine next steps,” the state commission’s Administrative Director Harry Lanphear emailed Tuesday. “No firm timeframe at this point.”