FCC OKs New Pole Rules - Government Activity

The FCC OKd new updated pole attachment rules and policies last week. But the commission rebuffed utility companies' efforts to charge more for the use of rights-of-way, generally keeping rates steady.

The new rules come three years after the FCC issued its notice of proposed rulemaking on new pole attachment regulations. The new rules retain much of the same historical presumptions and costs associated with calculating the maximum utilities can charge for attachments. However, the new regs will clarify the calculation of accumulated depreciation so pole owners don't end up setting negative rates.

The commission also adopted a formal methodology for determining the fees for underground conduit. The new national rules are similar to those recently passed by Massachusetts regulators, which estimate the amount of volume used by each user rather than linear feet.

The new rules governing underground conduit are expected to help sidestep problems that might arise as competitive local exchange providers, cable operators and other broadband providers wire major markets around the country. As a result of increased telecom and cable wiring of metro areas, federal regulators say they already have seen an increase in carrier complaints about rates that utilities charge for extra attachments and new, longer replacement poles.

The new pole attachment rules will cover both cable operators and telecom carriers until Feb. 8, 2001, when telecom carriers will fall under separate pole and conduit regulations adopted earlier by the FCC under the 1996 Telecom Act.

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