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FCC Pole Attachment Order - The Good, The Bad and The Ugly

FCC Pole Attachment Order - The Good, The Bad and The Ugly. REMDC 2011 Annual Meeting Atlantic Beach, North Carolina Thomas B. Magee Keller and Heckman LLP Washington, D.C. 202-434-4128 magee@khlaw.com. FCC’s Broadband Message. “We Come From Washington, And We’re Here to Help”.

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FCC Pole Attachment Order - The Good, The Bad and The Ugly

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  1. FCC Pole Attachment Order -The Good, The Bad and The Ugly REMDC 2011 Annual Meeting Atlantic Beach, North Carolina Thomas B. Magee Keller and Heckman LLP Washington, D.C. 202-434-4128 magee@khlaw.com

  2. FCC’s Broadband Message “We Come From Washington, And We’re Here to Help”

  3. Broadband Plan Goal • The FCC should establish rental rates for pole attachments that are as low and close to uniform as possible to promote broadband

  4. Broadband Plan Goal • The FCC should implement rules that will lower the cost of “make-ready”

  5. Broadband Plan Goal • The FCC should establish a comprehensive timeline for each step of the Section 224 access process

  6. Broadband Plan Goal • The FCC should reform the process for resolving disputes regarding infrastructure access

  7. Broadband Plan Goal • The FCC should improve the collection and availability of information regarding the location and availability of poles, ducts, conduits and rights-of-way

  8. Broadband Plan Goal • Congress should consider amending Section 224 of the Act to establish a harmonized access policy for all poles, ducts, conduits and rights-of-way, including regulation of co-ops

  9. FCC Pole Attachment Order The Good The Pretty Good The Not Bad The Bad The Ugly

  10. The Good Oregon Unauthorized Attachment Rules Upfront Payment of Make-Ready

  11. The Pretty Good Encourages Pre-Planning & Coordination Executive Level Discussions Improvements to Boxing/Extension Arms

  12. The Not Bad No Information Collection No Schedule of Charges No Phased Payment of Make-Ready No Designated Single Manager for Jointly-Owned Poles No Deadlines for Ducts, Conduits, ROWs No Compensatory Damages

  13. The Bad Make-Ready Deadlines Onerous Lots of Complaints Contractors Take Over Loss of Control

  14. The Bad Make-Ready Deadline Recon. Issues # of Poles Stopping the Clock Liability Issues Reimbursement Issues Notice Issues Union Contract Issues Pole Change Outs

  15. The Bad New Telecom Rates Refunds to Statute of Limitations Wireless Attachments Access Rates

  16. The Ugly FCC Regulation of ILEC Attachments

  17. Future of April 7 Order • Effective Date • Reconsideration • Court Appeal

  18. Thank You! Thomas B. Magee Partner Keller and Heckman LLP 1001 G Street, N.W. Washington, DC 20001 202-434-4128 magee@khlaw.com

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