Today:  FCC Seeks Comment on ETC Petitions for New York Broadband Program, Pennsylvania Initiates Rulemaking on Jurisdiction Over Pole Attachments 

FCC Seeks Comment on ETC Petitions for New York Broadband Program

The Wireline Competition Bureau of the FCC is seeking comment on two separate ETC petitions for eligibility to receive Connect America Fund (CAF) support to be awarded by New York’s New NY Broadband Program.  OEConnect and Hughes Network Systems are separately seeking designation as an ETC  in New York.  Comments are due June 29, 2018 with reply comments due July 9, 2018.

Pennsylvania Initiates Rulemaking on Jurisdiction Over Poles Attachments

The Pennsylvania Public Utility Commission (PUC) announced approval of a motion to begin a rulemaking to assert PUC jurisdiction over pole attachments and create a forum for dispute resolution.  The 1996 Telecommunications Act established the federal statutory rules for pole attachments, which provides for regulation of pole attachments by the FCC or, through reverse-preemption, state regulation.  Pole owners and attaching entities fall under either federal regulation by default or state regulation if a state expressly opted out. The PUC has not elected to regulate pole attachments and, thus, jurisdiction still resides at the FCC.  This rulemaking would change that.

 In his motion, Commissioner Kennard said,

“[t]he Internet and data technology has led to quantum leaps in education, medicine, business, industry, entertainment, and societal development. But these new technologies have created new issues related to pole attachments, and the current system of federal oversight is inadequate because there is no ready or efficient means to enforce them.  This is particularly evident as policymakers seek to expand broadband access for all Commonwealth residents, businesses, schools, hospitals, particularly in the more rural and remote portions of the Commonwealth.”

Inteserra Briefing Service subscribers watch for our upcoming Inteserra Briefing for more details.

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The Regulatory Mix, Inteserra’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 an Inteserra Briefing.