Today: FCC Extends "Deemed Granted" Date For AT&T Forbearance Petition, Kentucky "One Touch Make Ready" Ordinance Upheld, Nevada Opts In to FirstNet Program

FCC Extends “Deemed Granted” Date For AT&T Forbearance Petition

The Federal Communications Commission extended, until December 29, 2017, the date by which AT&T’s Petition for Forbearance for certain tandem transport services and 8YY database queries will be deemed granted if the FCC fails to take action to deny it.  Under Section 10(c) of the Communications Act (Act), a petition for forbearance will be deemed granted if the FCC does not deny the petition within one year after it is received, unless the FCC extends the one-year period.  The FCC may extend the initial one-year period by an additional 90 days.

Kentucky “One Touch Make Ready” Ordinance Upheld

A federal district court in Kentucky upheld a City of Louisville ordinance authorizing new attachers to utility poles to perform make-ready work without prior notice to existing attachers.  The Court found that the ordinance was a valid form of local management of public-rights-of-way and was not preempted by either the Kentucky Public Service Commission or the FCC’s authority.  AT&T had challenged the ordinance saying the Louisville Metro Council had no jurisdiction under federal or state law to regulated pole attachments.  The court disagreed, finding that such regulation was a valid exercise of the city’s police power authority under the State constitution to manage its public rights-of-way and did not conflict with the PUC’s regulation of pole attachment rates, terms, and conditions.  It also noted that the FCC had filed a statement of interest saying that the ordinance did not conflict with federal law.

Nevada Opts In to FirstNet Program

Governor Brian Sandoval announced his decision to accept the FirstNet plan to deliver a wireless broadband network to the state’s public safety community.  This will make Nevada the 15th state/territory to bring advanced technologies to its first responders.  “Public safety is of the highest concern,” said Governor Sandoval. “Increasing the safety of our residents, visitors and first responders through FirstNet was the right choice. From volunteer emergency responders in rural communities to those on the front lines in populous areas, our public safety community deserves access to the cutting-edge technologies they need to get the job done.”

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The Regulatory Mix, TMI’s daily blog of telecom related regulatory activities, is a snapshot of PUC, FCC, legislative, and occasionally court issues that our regulatory monitoring team uncovers each day. Depending on their significance, some items may be the subject of a TMI Briefing.