FCC Approves Broadband Infrastructure Deployment Items; Partisan Split on Wireline Actions
The FCC took actions intended to spur wireline and wireless broadband deployment, some more controversial than others, at Thursday's monthly meeting. Commissioners voted 3-2 to adopt a combined order, declaratory ruling and Further NPRM that Republicans said were aimed at removing barriers to wireline infrastructure investments and Democrats said would remove important consumer and competition safeguards as industry transitions from copper-based networks to fiber-based IP systems. They voted 5-0 as expected (see 1711150015) to approve a wireless order commissioners said would make it easier to replace utility poles without compromising National Historic Preservation Act mandates.
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
The wireline item streamlines copper retirement and related discontinuance processes, and takes targeted steps to facilitate pole attachments. As expected (see 1711130041), it appears to closely track the draft circulated by Chairman Ajit Pai (see 1710270040), based on a release and officials' statements. "Having to maintain two networks -- one legacy, one modern -- diverts resources away from new deployments," Pai said. "Every dollar that is spent maintaining fading copper networks cannot be spent on fiber. So today, we act to remove excessive regulation that is slowing the IP transition."
The order would ease copper retirement notification duties of incumbent telcos and allow them to engage in advanced coordination on network changes. It would expedite telecom service discontinuance reviews, particularly for low-speed legacy offerings, and eliminate the requirements for purely wholesale services. The declaratory ruling would reverse a 2014 "functional test" that Pai said created a "mother-may-I approach" to deployment. For pole attachments, the order would exclude capital costs recovered through make-ready fees, create a 180-day shot clock for enforcement complaints and give ILECs reciprocal access to the poles of CLECs. The FNPRM would seek comment on other ways to streamline the various processes, including on actions to facilitate recovery from natural disasters.
Tech transition protections are "dumped in the trash heap of history" under "the guise of advancing infrastructure," said Commissioner Mignon Clyburn. She said the order "radically reduces notice periods for a variety of scenarios, making it harder for consumers, states, government agencies and competitive carriers" to respond to network changes, and is "slanted towards the largest incumbents." The FNPRM "will make your head explode," with most items part of an "ILEC wish list," she dissented. Fellow Democrat Jessica Rosenworcel said the item is "fundamentally about notice," will leave many users "without advance warning and no guarantee of an equivalent replacement" and basically says "tough, figure it out, you're on your own." "Rural areas are at special risk," given the economics, she said, noting she did support the pole-attachment provisions.
Republicans said rural areas are most likely to benefit from the streamlining. "Promoting more market-based decisions will improve business cases for rural broadband, helping rural communities," Pai said. He and Commissioner Brendan Carr cited analysis that suggests the telco relief will make it more economical for companies to deploy rural fiber. Carr thanked colleagues for incorporating edits into the FNPRM to propose codifying "our existing precedent that permits overlashing" on pole attachments, which he said "could help drive fiber deployments deeper into the network without" costly and lengthy regulatory approvals. Commissioner Mike O'Rielly said the various streamlining actions would reduce costs and promote deployment.
The wireless order ends historic preservation reviews when utility poles are replaced by "substantially identical poles" able to support new antenna and lines. Such replacement poles mustn't be more than 10 feet away and not cause new ground "disturbances," but can be five feet higher than the previous poles. "This will help pave the way for 5G networks and services, powered as they’ll be by small cell antennas and the like attached to poles," Pai said. "We provide this relief only where the replacement utility pole won’t affect historic properties."
O'Rielly said stakeholder input made it clear the draft didn't do enough, so the agency gave the relief to replacement poles within 10 feet of the original hole. He said he would have preferred if replacement poles could be 10 feet higher than the original poles. Carr hailed commissioner consensus, including on adding new language to emphasize that if pole-attaching parties discover historical artifacts they must immediately cease work and engage in appropriate notification and consultation. The order also consolidates various rules and procedures into a single rule to facilitate industry understanding and compliance. Democrats supported the item, with Rosenworcel calling it "a smart and thoughtful effort to update our review process."
Republicans said they look forward to taking additional wireless streamlining actions. Clyburn said the looming infrastructure issues "are likely to be more difficult" than Thursday's wireless action.
Various industry parties supported the infrastructure items, including AT&T (here, here), the Internet Innovation Alliance, Mobile Future, NTCA, Verizon, USTelecom (here, here), and the Wireless Infrastructure Association. The American Cable Association and Frontier Communications lauded the wireline item. Among those criticizing the wireline item were the Communications Workers of America, Public Knowledge and the National Hispanic Media Coalition. Sen. Joe Manchin, D-W.Va., sent a letter Wednesday criticizing wireline draft provisions.