FCC Approves One-Touch Make-Ready for Pole Attachments

August 6, 2018

On August 2, 2018, the Federal Communications Commission voted to approve a Report and Order and Declaratory Ruling requiring one-touch make-ready (“OTMR”). The report emphasizes the importance of expediting the expansion of broadband coverage and furthers this effort by adopting a one-touch make-ready process. This new process is designed to shorten the multi-step method for pole attachments that the FCC adopted in 2011. Because the old rules required the involvement of every company with equipment on the utility pole, attachers have always experienced significant buildout delays due to this involved process. The delays and large costs associated with this process have traditionally created delays in the construction of competitive local networks and, more recently, have created substantial barriers to broadband deployment.

OTMR streamlines the pole attachment process by shifting the onus onto the new attacher to prepare the utility pole, instead of requiring their potential competitors to do the preparations. Some estimates have suggested that adopting an OTMR regime would create an additional $12.6 billion in incremental fiber capital expenditure and result in 8.3 million incremental premises having access to fiber. In his separate statement, FCC Chairman Pai expressed his view that OTMR would allow smaller entrants to expand, noting that “this Commission is heading forward, not backward. We’re favoring competition, not status quo.”

The Report and Order also states that the FCC will preempt state and local laws that delay or prevent the rebuilding or restoration of broadband following a natural disaster. In the Declaratory Ruling, the FCC determined that state and local laws that contain moratoria on telecommunications services are in violation of Section 253(a) of the Communications Act and ordered localities to review their laws and remove such moratoria. The plan was adopted almost unanimously, with Republican Chairman Pai and Commissioners Carr and O’Rielly approving, and Democrat Commissioner Rosenworcel approving the OTMR regime as a concept but dissenting over certain ambiguities in the details. Commissioner O’Rielly reportedly will be making edits to the draft order to, among other things, strengthen Commission enforcement mechanisms.

The full text of the item has not yet been released but we will provide a more detailed summary upon release. If you have any questions about the Report and Order and Declaratory Ruling, please feel free to contact Charlie Zdebski (202.659.6655).

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