Electric Utilities Tell Court FCC Pole Attachment Order Raises Safety Concerns
American Electric Power and other electric utilities told the 9th U.S. Circuit Court of Appeals that the FCC’s pole attachment order violates the Telecom Act and should be overturned. The electric utilities' challenge to an August ruling/order barring local infrastructure…
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moratoriums and revising pole-attachment processes is being heard as part of a broader challenge to last year’s infrastructure orders, in docket No. 18-72689 (see 1904180006). “The Act states that an electric utility may deny a cable television system or any telecommunications carrier access to its poles, ducts, conduits, or rights-of- way on a nondiscriminatory basis ‘where there is insufficient capacity and for reasons of safety, reliability and generally applicable engineering purposes,’” the utilities said (in Pacer). “Congress implemented this exception to ensure that the placement of attachments on existing utility poles would not endanger or compromise the safety of the public or the safety, reliability and integrity of the nation’s electric and communications infrastructure.” Historically, there are three zones on a utility pole -- electric lines on top, with a safety zone under them, and then communications space, the companies said. “The Order dramatically changed course and created a ‘self-help remedy’ to allow new attachers to use a utility-approved contractor to complete required make-ready work above the communications space (including in the electric supply space), when utilities and existing attachers have not met the FCC’s make-ready work deadlines to perform work preparing a pole for a new attachment."