House Energy and Commerce Committee to Hold Pole Attachment Amendment Hearing October 28, 2015
October 28, 2015
On October 28, 2015, at 10:00 AM EST, the House Energy and Commerce Committee will hold a hearing on, among other things, a proposed amendment to the Pole Attachment Act, 47 U.S.C. § 224. The hearing is entitled “Breaking Down Barriers to Broadband Infrastructure Deployment.” The hearing is viewable on the following website: https://energycommerce.house.gov/ The Communications and Technology Subcommittee will consider measures to reduce the costs of obtaining access to rights of way as a way to speed broadband deployment. Scheduled witnesses include:
- Heather Burnett Gold, President and CEO, FTTH Council Americas
- Jeb Benedict, Vice President, Federal Regulatory Affairs and Regulatory Counsel, Centurylink
- Scott Bergmann, Vice President, Regulatory Affairs, CTIA
- Deb Socia, Executive Director, NextCentury Cities.
With regards to 47 U.S.C. § 224, the Subcommittee is considering a draft bill that would:
- Require federally owned poles to charge the same FCC-determined rate as investor-owned utilities;
- Apply a nondiscriminatory access requirement across the board to all pole owners;
- Require states that opt to regulate pole attachments within their own states certify that the state’s regulation ensures nondiscriminatory access to all broadband service providers;
- Require all pole owners to provide the FCC with rate data, in order to allow the FCC to report on rate data annually;
- Require pole owners to provide the FCC with pole location data to facilitate an inventory of pole locations;
- Require the FCC to conduct an inquiry reviewing make-ready costs – the costs it required to rearrange attachments or completely replace a pole in order to accommodate a new attachment; and
- The draft bill would also clarify that pole tops, which are a prime location for wireless broadband attachments, are part of the usable space of the pole.
The attached background memorandum and press release provide more information. Please do not hesitate to contact us with any questions.