The FCC s Pole Attachment Order is Promoting Broadband at the Expense of Electric Utilities By Thomas B. Magee, Partner, Keller and Heckman LLP
|
|
- Imogen Washington
- 6 years ago
- Views:
Transcription
1 The FCC s Pole Attachment Order is Promoting Broadband at the Expense of Electric Utilities By Thomas B. Magee, Partner, Keller and Heckman LLP 46 electric energy spring 2013
2 Following several years of study and comments, the Federal Communications Commission ( FCC or Commission ) in April 2011 released a Report and Order on Reconsideration ( FCC Pole Attachment Order ) that comprehensively changed the manner in which the FCC regulates pole attachments subject to its jurisdiction. The Commission s objectives were to promote broadband, reduce barriers to broadband deployment and lower the cost of broadband deployment. The rate portions of that decision were recently affirmed on February 26, 2013 by the U.S. Court of Appeals for the D.C. Circuit and reconsideration of the operational rulings are still pending at the Commission. Unfortunately, in reaching its decision, the FCC expressed no serious concern for the impact of its new pole attachment regulations on electric utilities and their ratepayers, and paid little attention to the operational and financial concerns raised by the utilities. As a result, the Order employs questionable reasoning to support its conclusions, reflects an unfortunate misunderstanding of electric utility operations, and is proving very costly to electric utilities. From the electric utility perspective, the FCC s decision is onerous, disruptive and very expensive. It raises significant safety and operating concerns and is beginning to create a radically different pole attachment world going forward. Make-ready deadlines, drastically reduced attachment revenue, the regulation of joint use relationships between electric utilities and Incumbent Local Exchange Carriers (ILECs) like Verizon and AT&T, and the promotion of wireless antenna attachments in the electric space are already causing anxiety among utilities and having a profound effect. These rules, unless reconsidered by the FCC, unfortunately will be with us for a long time. Regulatory Background The FCC has jurisdiction over attachments to investor-owned utility poles, not 47
3 those of rural electric cooperatives and municipally-owned utilities. It also lacks jurisdiction over investor-owned utility poles in 20 states and the District of Columbia, which have opted to regulate pole attachments themselves. Nevertheless, citing the FCC Pole Attachment Order, attachers have (mistakenly) been arguing that cooperatives and munis must follow FCC rules, and many of the 20 state public service commissions that regulate attachments to IOU poles look to FCC pole attachment rulings for guidance. In 1978, Congress added Section 224 to the Communications Act of 1934, as amended, and directed the FCC to ensure that rates, terms and conditions for pole attachments by cable television systems were just and reasonable. A formula for calculating attachment rates for cable systems providing cable service was included in the statute. In 1996, Congress expanded the definition of pole attachments to include not only cable attachments, but also attachments by providers of telecommunications services, and established a formula for calculating attachment rates for telecom providers (known as Competitive Local Exchange Carriers, or CLECs). In 2007, the Commission issued a Notice of Proposed Rulemaking seeking comment on proposals by cable companies, CLECs and for the first time ILECs, for more favorable terms of attachment. The FCC Pole Attachment Order In General Motivated by a desire to promote broadband deployment, the FCC Pole Attachment Order adopted multiple new rules designed to make the attachment process as quick, easy and cheap as possible for attachers. It is fair to say that in large part, many of the serious concerns expressed by utilities during the course of the proceedings were discarded or ignored by the Commission. The FCC s much-touted National Broadband Plan, for example, approves FCC staff s recommendations with citations to 38 filings on behalf of attachers while citing only two (2) filings of electric utilities among the volumes we submitted. Among other things, the Commission established (for the first time) a specific, expedited timetable for utilities to grant access to attachers. The Commission also redefined several statutory terms so that the telecom attachment rate would be drastically reduced to approximate the already low cable rate. Additionally, and perhaps most importantly, the Commission reinterpreted its previous decisions and several statutory provisions to allow ILECs sharing joint use of poles for the first time to request the lower, regulated telecom rate for their attachments. 48 electric energy spring 2013
4 In reaching these decisions, the Commission s announced goal was to provide a single, unified rate for all attachers (cable, CLEC, ILEC), approximating the existing low cable rate, while requiring utilities to act within a relatively short deadline on all applications for attachment. In the Commission s view, quicker, easier and cheaper access to utility poles will promote broadband deployment, especially in rural areas. For electric utility pole owners, the Order creates significantly more work providing notices and otherwise administering communications attachments. Utility operations can be significantly disrupted in order to accommodate attachers and a number of disputes with attaching entities already have surfaced. Attachment agreements with cable operators and CLECs are being renegotiated, and many attachers have been busy recalculating the rates you can charge for attachments. Some ILECs have started demanding more favorable rates and terms, threatening FCC complaints against utilities to improve their existing joint use relationships with utilities. make-ready deadlines The Commission created a new, four-stage makeready timetable in the FCC Pole Attachment Order, which requires IOU and ILEC pole owners to process most pole attachment requests (wireline and wireless) in the communications space within a total of 148 days: Stage 1/Survey (45 days): The pole owner conducts an engineering survey to determine whether and where attachment is feasible and what make-ready is required; Stage 2/Estimate (14 days): The pole owner provides an estimate of the make-ready charges to the attacher; Stage 3/Acceptance (14 days): The attacher accepts the estimate and provides payment; and Stage 4/Make-Ready (60 days): The pole owner notifies in writing all known attachers already on the pole, specifying where and what make-ready will be performed, setting a date for completion, allowing modifications of existing attachments within that period, and completing all necessary make-ready. During the make-ready period, a pole owner may notify the attacher that it will perform the make-ready work itself and take an additional 15 days (148 days total). Wireless: Finding that a wireless carrier s right to attach to pole tops is the same as it is to attach to any other part of a pole, the Commission determined to allow an extra 30 days for make-ready regarding wireless attachments above the communications space (i.e., a total of 178 days). On the Grow That s why this past year we have expanded our facilities by adding two new plants. More than doubling our capacity, we now have three facilities spread out across the U.S. Sabre offers everything from in-house engineering, to manufacturing and testing, to the latest in hot-dip galvanizing. Contact Sabre today, and let us take your project from proposal preparation to final delivery. T: F: E: utilityinfo@sabreindustries.com 2013 Sabre Industries, Inc. - STS 03_
5 larger requests: For requests to attach to more than 300 poles or 0.5% of a utility s total poles within a state (whichever is less), an additional 15 days is allowed for the survey and 45 days for make-ready. For requests to attach to more than 3000 poles (or 5% of a utility s poles state-wide), the timeline is negotiated. failure to comply: If a utility does not comply with the survey or make-ready deadlines, attachers are free to engage a utility-approved contractor to perform necessary work in the communications space. If the make-ready deadline is missed for wireless attachments above the communications space, the sole remedy is for the attacher to file a complaint at the FCC. The make-ready deadlines are but one example of where the FCC ignored electric utility concerns. The electric utility industry gathered en masse at the FCC on two occasions to explain to Commission staff and legal advisors why the FCC s proposal to establish make-ready deadlines will not work in the real world of electric utilities. The first meeting included 49 people from the electric utility industry. The second included about 35 utility representatives. I moderated lengthy panel discussions at both meetings, explaining our concerns. Most of these concerns were ignored in the Commission s Order. Reduction in the Telecom Attachment Rate With respect to rates, the Commission s goal was to reduce them to a level as low and as close to uniform as possible. What that means to the FCC is a level sufficient so that no one can complain that it s an unconstitutional taking of electric utility property without just compensation. To do that, the FCC came up with a scheme to reinterpret the Pole Attachment Act so that the existing telecom rate can be reduced to a level that will approximate the existing cable rate. This statutory interpretation and new rate calculations that ensued are about as logical as something you would hear in Alice in Wonderland. New Regulation of ILEC Joint Use Attachments For more than 100 years, the relationship between pole owners (electric utilities and telephone companies) was governed by mutually agreeable, private contracts (joint use agreements) and not by the rules and regulations of the FCC or any other federal government agency. It was widely recognized that ILECs had no statutory right of access to utility poles, and that they were not entitled to regulated rates, terms or conditions for their attachments. Instead, the joint use arrangement was mutually negotiated by the parties at arms length, since each needed access to the other s poles. That longstanding arrangement, at least for ILEC attachments on regulated IOU poles, has now been upended by the Pole Attachment Order. While recognizing that ILECs have no statutory right to demand access to utility poles, the FCC has now ruled for the first time that ILECs are nonetheless entitled to file pole attachment complaints at the Commission seeking to receive regulated rates, terms and conditions for their attachments similar to those currently granted to CLEC and cable operators. In response, some IOUs may be forced to reduce the ILEC attachment rates specified in their joint use contracts (and the resulting revenues) by more than 80 percent (e.g., from 45 percent of annual costs to as low as 7.4 percent). The impact on electric utility access to ILEC poles was almost completely ignored by the Commission. This FCC ruling on ILEC jurisdiction alone, which has now been upheld by the courts, is designed to require electric utility ratepayers to subsidize ILECs with hundreds of millions of dollars of additional revenues each year. Utility ratepayers, however, were forgotten completely in the FCC s Pole Attachment Order. Instead, the Order acted as if this additional ILEC revenue was simply lying on the street waiting for the FCC to pick it up. Amazingly, the FCC bought into the ILEC arguments that 50 electric energy spring 2013
6 companies and their trade associations intervened in support of the FCC s new rules. A different group of IOUs (the Coalition of Concerned Utilities) filed as interveners in support of the other utilities appeal of the rules, and the Edison Electric Institute (EEI) filed as an amicus curiae ( friend of the court ). The D.C. Circuit heard oral argument on January 23, 2013 and ruled February 26, 2013 to affirm the FCC s rules. reconsideration at fcc: On June 8, 2011, the Coalition of Concerned Utilities that filed as Intervenors in support of the appeal also requested reconsideration by the FCC of certain aspects of the decision. The utilities asked the FCC, among other things: (1) to reconsider the makeready deadlines and address certain attacher rearrangement issues; (2) to allow pole owners to impose penalties for safety violations; (3) to disallow pole top antenna attachments in certain circumstances; and (4) to prohibit retroactive refunds earlier than the effective date of the FCC Pole Attachment Order. Certain cable and telephone interests, on the other hand, asked the FCC to lower the telecom rate even further on reconsideration. The FCC has waited for the D.C. Circuit to rule on appeal before addressing these reconsideration issues, and the Commission s decision could be released any day now. ILECs have lost their bargaining power in joint-use relationships because they now own fewer poles than the electric utilities and as a result electric utilities are taking advantage of them. This fabricated claim does not reflect the experience of any electric utility I know. The nationwide experience instead is that ILECs have been shirking their joint-use responsibilities for years and not installing the number of poles they should be installing to keep up pole ownership parity levels. Their claim of being taken advantage of thus reminds me of the criminal defendant who murdered his parents yet then asks the court for mercy because he s an orphan. Appeal Proceedings court appeal. On May 18, 2011, a group of investorowned electric utilities filed an appeal of the FCC Pole Attachment Order in the U.S. Court of Appeals for the District of Columbia Circuit. The utilities challenged three of the FCC s new rules: (1) the rule allowing ILECs to file pole attachment complaints; (2) the lower telecom rate formula; and (3) the rule establishing a refund period dating back to the applicable statute of limitations. A host of cable companies, telephone Conclusion This is a very complex and far-reaching decision. It includes a lot of ambiguities and misunderstandings, and begs for further explanation from the FCC. Many issues need to be clarified which the FCC at this point does not seem to understand. For the time being, however, the FCC Pole Attachment Order stands as a ruling by a broadband-obsessed Commission that shows a stunning disregard for electric utility concerns. And now that the D.C. Circuit has affirmed the Commission s rate rulings, we can all expect ILECs and other entities to seek lower attachment rates. Tom Magee advises electric utility and other infrastructure clients on a variety of telecommunications matters before the Federal Communications Commission, federal and state courts, and state and local regulatory authorities. His primary focus is on pole attachment and joint use regulation, and the FCC s licensing of private wireless telecommunications services. Mr. Magee has been privileged in this proceeding to represent, along with his partner Jack Richards of Keller and Heckman, LLP, the Coalition of Concerned Utilities, composed at various times from a group of more than a dozen investor-owned utilities (Allegheny Power, Baltimore Gas and Electric, Consumers Energy, Dayton Power and Light, Detroit Edison, FirstEnergy Corp., Hawaiian Electric Co., National Grid, NSTAR, Pepco Holdings, PPL Electric Utilities, South Dakota Electric Utilities, Wisconsin Public Service Company, and Xcel Energy). He can be reached at (202) ; magee@khlaw.com. 51
BALLER STOKES & LIDE A PROFESSIONAL CORPORATION 2014 P STREET, N.W. SUITE 200 WASHINGTON, D.C (202) FAX: (202)
2014 P STREET, N.W. SUITE 200 WASHINGTON, D.C. 20036 (202) 833-5300 FAX: (202) 833-1180 MEMORANDUM TO: FROM: Clients, Colleagues, and Other Interested Parties Sean Stokes and Jim Baller DATE: August 16,
More informationBefore the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C
Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Wireline Competition Bureau Seeks Comment on ) WC Docket No. 13-307 Petition of Union Electric Company d/b/a Ameren
More informationLicensing & Regulation #379
Licensing & Regulation #379 By Anita Gallucci I t is about three years before your local cable operator's franchise is to expire and your community, as the franchising authority, receives a letter from
More informationMAJOR COURT DECISIONS, 2009
MAJOR COURT DECISIONS, 2009 Comcast Corp. v. FCC, 579 F.3d 1 (D.C. Cir. 2009) Issue: Whether the thirty percent subscriber limit cap for cable television operators adopted by the Federal Communications
More informationPerspectives from FSF Scholars January 20, 2014 Vol. 9, No. 5
Perspectives from FSF Scholars January 20, 2014 Vol. 9, No. 5 Some Initial Reflections on the D.C. Circuit's Verizon v. FCC Net Neutrality Decision Introduction by Christopher S. Yoo * On January 14, 2014,
More informationVerizon NY Section 2 Network Services Issue C, December, 2001
Verizon NY Section 2 Evaluating Requests 2.01 While inquiries for information will be accepted in any form, requests for licensing agreements regarding Pole Attachments, Conduit Occupancy and/or (private
More informationRegulatory Issues Affecting the Internet. Jeff Guldner
Regulatory Issues Affecting the Internet Jeff Guldner Outline Existing Service-Based Regulation Telephone Cable Wireless Existing Provider-Based Regulation BOC restrictions Emerging Regulatory Issues IP
More informationVERIZON MARYLAND INC.
VZ MD 271 Attachment 207 VERIZON MARYLAND INC. Methods and Procedures for Access To Poles, Ducts, Conduits and Rights-of-Way for Telecommunications Providers VERIZON MARYLAND INC. Methods and Procedures
More informationCOURT & FCC DEVELOPMENTS IMPACTING LOCAL GOVERNMENTS
Connecting America s Public Sector to the Broadband Future COURT & FCC DEVELOPMENTS IMPACTING LOCAL GOVERNMENTS by Tim Lay TATOA Annual Conference Seabrook, Texas October 25, 2013 1333 New Hampshire Avenue,
More informationBEFORE THE FEDERAL COMMUNICATIONS COMMISSION Washington, D.C
BEFORE THE FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Amendment of the Commission's ) Rules with Regard to Commercial ) GN Docket No. 12-354 Operations in the 3550 3650
More informationBefore the FEDERAL COMMUNICATIONS COMMISSION Washington, DC ) ) ) ) ) ) REPLY COMMENTS OF THE NATIONAL ASSOCIATION OF BROADCASTERS
Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 In the h Matter of Public Notice on Interpretation of the Terms Multichannel Video Programming Distributor and Channel as Raised in Pending
More informationBefore the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C
Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Amendment of Parts 1, 2, 22, 24, 27, 90 ) WT Docket No. 10-4 and 95 of the Commission s Rules to Improve ) Wireless
More informationFederal Communications Commission
Case 3:16-cv-00124-TBR Document 68-1 Filed 10/31/16 Page 1 of 7 PageID #: 925 Federal Communications Commission Office Of General Counsel 445 12th Street S.W. Washington, DC 20554 Tel: (202) 418-1740 Fax:
More informationOral Statement Of. The Honorable Kevin J. Martin Chairman Federal Communications Commission
Oral Statement Of The Honorable Kevin J. Martin Chairman Federal Communications Commission Before the Committee on Energy and Commerce U.S. House of Representatives April 15, 2008 1 Introduction Good morning
More informationCable Rate Regulation Provisions
Maine Policy Review Volume 2 Issue 3 1993 Cable Rate Regulation Provisions Lisa S. Gelb Frederick E. Ellrod III Follow this and additional works at: http://digitalcommons.library.umaine.edu/mpr Part of
More informationFRANCHISE FEE AUDITS & RENEWALS:
FRANCHISE FEE AUDITS & RENEWALS: How to Get More Money and Other Benefits from Your Cable Company PSATS Annual Conference April 18, 2016 PRESENTERS Daniel S. Cohen Attorney, Cohen Law Group Pittsburgh,
More informationFCC Releases Proposals for Broadcast Spectrum Incentive Auctions
Advisory October 2012 FCC Releases Proposals for Broadcast Spectrum Incentive Auctions by Scott R. Flick and Paul A. Cicelski The FCC released its long-awaited Notice of Proposed Rulemaking (NPRM) to begin
More informationNew Networks Institute
PART II Summary Report: Exposing Verizon NY s Financial Shell Game & the NYPSC s Role RE: Case 14-C-0370 In the Matter of a Study on the State of Telecom in NY State. Connect New York Coalition Petition
More informationTELECOMMUNICATIONS POLICY UPDATE DEVELOPMENTS IN Matthew C. Ames Hubacher & Ames, PLLC November 19, 2014
TELECOMMUNICATIONS POLICY UPDATE DEVELOPMENTS IN 2014 Matthew C. Ames Hubacher & Ames, PLLC November 19, 2014 Introduction Regulatory Issues Affecting Wireless Facility Deployment: Small Cell Order. Signal
More information[MB Docket Nos , ; MM Docket Nos , ; CS Docket Nos ,
This document is scheduled to be published in the Federal Register on 11/27/2018 and available online at https://federalregister.gov/d/2018-25326, and on govinfo.gov 6712-01 FEDERAL COMMUNICATIONS COMMISSION
More informationDigital Television Transition in US
2010/TEL41/LSG/RR/008 Session 2 Digital Television Transition in US Purpose: Information Submitted by: United States Regulatory Roundtable Chinese Taipei 7 May 2010 Digital Television Transition in the
More informationApril 9, Non-Dominant in the Provision of Switched Access Services, WC Docket No (filed Dec. 19, 2012).
Ex Parte Ms. Marlene Dortch Secretary Federal Communications Commission 445 12 th Street, SW Washington, D.C. 20554 Dear Ms. Dortch: Re: Technology Transition Task Force, GN Docket No. 13-5; AT&T Petition
More informationSTEVENS & LEE NOV North Sfreet, 2nd Floor Reew. October 29, 2018 WA ELECTRONIC FILING. Pennsylvania Public Utility Commission
www.stevcnslee.com - / (717) 234-1090 Fax (717) 234-1099 FJarrisburg, PA 17101 16th Floor 17 North Second Street New York Reading Rochester ScranLon Valley Forge Wilkes-Barre Philadelphia Princebn Wilmington
More informationWISCONSIN LEGISLATIVE COUNCIL INFORMATION MEMORANDUM
WISCONSIN LEGISLATIVE COUNCIL INFORMATION MEMORANDUM The New Law Relating to State-Issued Franchises for Video Service Providers (2007 Wisconsin Act 42) 2007 Wisconsin Act 42 (the Act) replaces municipal
More informationThe Book of Broken Promises. CIVIC HALL BOOK DAY, April 28th, 2015
The Book of Broken Promises CIVIC HALL BOOK DAY, April 28th, 2015 It Is Time to Start Fixing What s Broken with Communications in America. The book documents how we ended up in this mess and offers a
More informationINSTRUCTIONS FOR FCC 387
Federal Communications Commission Approved by OMB Washington, D.C. 20554 3060-1105 INSTRUCTIONS FOR FCC 387 DTV TRANSITION STATUS REPORT GENERAL INSTRUCTIONS A. FCC Form 387 is to be used by all licensees/permittees
More informationBefore the Federal Communications Commission Washington, D.C ) ) ) ) ) ) ) ) ) ) ) ) REPLY COMMENTS OF THE NATIONAL ASSOCIATION OF BROADCASTERS
Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Applications of AT&T Inc. and DIRECTV For Consent to Assign or Transfer Licenses and Authorizations MB Docket No. 14-90
More informationUTILITIES (220 ILCS 5/) Public Utilities Act.
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database,
More informationBefore the Federal Communications Commission Washington, D.C ) ) ) ) ) ) REPLY COMMENTS OF THE NATIONAL ASSOCIATION OF BROADCASTERS
Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Annual Assessment of the Status of Competition in the Market for the Delivery of Video Programming MB Docket No. 12-203
More informationBefore the Federal Communications Commission Washington, D.C ) ) ) ) ) ) ) ) ) ) ) )
Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Video Device Competition Implementation of Section 304 of the Telecommunications Act of 1996 Commercial Availability
More informationRegulation No. 6 Peer Review
Regulation No. 6 Peer Review Effective May 10, 2018 Copyright 2018 Appraisal Institute. All rights reserved. Printed in the United States of America. No part of this publication may be reproduced, stored
More informationFOR PUBLIC VIEWING ONLY INSTRUCTIONS FOR FCC 387 DTV TRANSITION STATUS REPORT. All previous editions obsolete. transition. GENERAL INSTRUCTIONS
Federal Communications Commission Approved by OMB Washington, D.C. 20554 3060-1105 INSTRUCTIONS FOR FCC 387 DTV TRANSITION STATUS REPORT GENERAL INSTRUCTIONS transition. A. FCC Form 387 must be filed no
More informationPUBLIC NOTICE MEDIA BUREAU SEEKS COMMENT ON RECENT DEVELOPMENTS IN THE VIDEO DESCRIPTION MARKETPLACE TO INFORM REPORT TO CONGRESS. MB Docket No.
PUBLIC NOTICE Federal Communications Commission 445 12 th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 DA 19-40 February 4, 2019
More informationStaff Report: CenturyLink Cable Franchise
Staff Report: CenturyLink Cable Franchise Presented to: City Council July 24, 2017 Prepared by: Marty Mulholland, Director of I.T. Services Department James Erb, Senior Assistant Attorney, Legal Contents
More informationSENATE SUBCOMMITTEE ON COMMUNICATIONS
SENATE SUBCOMMITTEE ON COMMUNICATIONS TESTIMONY OF ANDREW S. WRIGHT, PRESIDENT SATELLITE BROADCASTING AND COMMUNICATIONS ASSOCIATION RURAL WIRELESS TECHNOLOGY May 22, 2003 Thank you, Mr. Chairman, Senator
More informationADVISORY Communications and Media
ADVISORY Communications and Media SATELLITE TELEVISION EXTENSION AND LOCALISM ACT OF 2010: A BROADCASTER S GUIDE July 22, 2010 This guide provides a summary of the key changes made by the Satellite Television
More informationFEDERAL COURT OF APPEAL. - and - NOTICE OF MOTION (Motion for Leave to Appeal)
Court File No. FEDERAL COURT OF APPEAL B E T W E E N: BELL CANADA and BELL MEDIA INC. Applicants - and - ATTORNEY GENERAL OF CANADA Respondent NOTICE OF MOTION (Motion for Leave to Appeal) TAKE NOTICE
More informationBefore the Federal Communications Commission Washington, D.C
Before the Federal Communications Commission Washington, D.C. 20554 Authorizing Permissive Use of Next ) MB Docket No. 16-142 Generation Broadcast Television ) Standard ) REPLY TO OPPOSITION OF NTCA THE
More informationBefore the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C REPLY COMMENTS OF PEERLESS NETWORK, INC.
Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of AT&T Petition to Launch a Proceeding Concerning the TDM-to-IP Transition GN Docket No. 12-353 Petition of the National
More informationBefore the Federal Communications Commission Washington, D.C ) ) ) ) ) ) ) ) ) REPORT ON CABLE INDUSTRY PRICES
Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Implementation of Section 3 of the Cable Television Consumer Protection and Competition Act of 1992 Statistical Report
More informationDRAFT Sandown Cable Access Board Meeting Town of Sandown, NH
1 2 3 DRAFT Sandown Cable Access Board Meeting Town of Sandown, NH 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Meeting Date: Tuesday, September 24, 2013 Type of Meeting: Public
More informationBefore the FEDERAL COMMUNICATIONS COMMISSION Washington DC ) ) ) ) ) ) ) ) COMMENTS OF
Before the FEDERAL COMMUNICATIONS COMMISSION Washington DC 20554 In the Matter of Amendment of Part 101 of the Commission s Rules to Facilitate the Use of Microwave for Wireless Backhaul and Other Uses
More informationS Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
S. 1680 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited
More informationBefore the Federal Communications Commission Washington, D.C
Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: ) ) Promoting Investment in the 3550-3700 MHz ) GN Docket No. 17-258 Band ) ) I. INTRODUCTION AND SUMMARY COMMENTS
More informationATTACHMENT B DECLARATION OF ROBERT GESSNER
ATTACHMENT B DECLARATION OF ROBERT GESSNER Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of Applications ofcomcast Corporation, General Electric Company, and NBC Universal,
More informationNo IN THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT. On Petition for Review of an Order of the Federal Communications Commission
Appellate Case: 11-9900 Document: 01019100659 Date Filed: 07/30/2013 Page: 1 No. 11-9900 IN THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT IN RE: FCC 11-161 On Petition for Review of an Order
More information47 USC 534. NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see
TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 5 - WIRE OR RADIO COMMUNICATION SUBCHAPTER V-A - CABLE COMMUNICATIONS Part II - Use of Cable Channels and Cable Ownership Restrictions 534.
More informationDate. James W. Davis, PhD James W. Davis Consultant Inc.
Measurement Report W D C C (FM) Tower Site Sanford, rth Carolina Prepared for Central Carolina Community College Prepared by: James W. Davis, PhD July 30, 2003 I, James W. Davis, contract engineer for
More informationACA Tunney Act Comments on United States v. Walt Disney Proposed Final Judgment
BY ELECTRONIC MAIL Owen M. Kendler, Esq. Chief, Media, Entertainment, and Professional Services Section Antitrust Division Department of Justice Washington, DC 20530 atr.mep.information@usdoj.gov Re: ACA
More informationBefore the FEDERAL COMMUNICATIONS COMMISSION Washington, DC In the Matter of ) ) Review of the Emergency Alert System ) EB Docket No.
Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 In the Matter of ) ) Review of the Emergency Alert System ) EB Docket No. 04-296 ) REPLY COMMENTS OF THE NATIONAL ASSOCIATION OF BROADCASTERS
More informationSTATE OF NEW JERSEY Board of Public Utilities Two Gateway Center Newark, NJ
Agenda Date: 8/4/10 Agenda Item: IIIG STATE OF NEW JERSEY Board of Public Utilities Two Gateway Center Newark, NJ 07102 www.ni.aov/bdu/ IN THE MATTER OF CABLEVISION OF NEWARK FOR THE CONVERSION TO A SYSTEM-WIDE
More informationREDACTED - FOR PUBLIC INSPECTION AT&T/DIRECTV DESCRIPTION OF TRANSACTION, PUBLIC INTEREST SHOWING, AND RELATED DEMONSTRATIONS EXECUTIVE SUMMARY
AT&T/DIRECTV DESCRIPTION OF TRANSACTION, PUBLIC INTEREST SHOWING, AND RELATED DEMONSTRATIONS EXECUTIVE SUMMARY I. INTRODUCTION AND SUMMARY This transaction will unite two companies with uniquely complementary
More informationComments on Recommendations of ECTEL to the NTRC on Revised Draft Electronic Communications Bill
Brian Bartlette, Managing Director Winners TV Zimbra consultation@ectel.int Comments on Recommendations of ECTEL to the NTRC on Revised Draft Electronic Communications Bill From : BBartlette
More informationPUBLIC INTEREST ADVOCACY CENTRE LE CENTRE POUR LA DÉFENSE DE L INTÉRÊT PUBLIC
PUBLIC INTEREST ADVOCACY CENTRE LE CENTRE POUR LA DÉFENSE DE L INTÉRÊT PUBLIC The Public Interest Advocacy Centre (PIAC) is a non-profit organization based in Ottawa, Ontario that provides advocacy and
More informationEnsure Changes to the Communications Act Protect Broadcast Viewers
Ensure Changes to the Communications Act Protect Broadcast Viewers The Senate Commerce Committee and the House Energy and Commerce Committee have indicated an interest in updating the country s communications
More informationNew Networks Institute
Bruce Kushnick bruce@newnetworks.com February 3 rd, 2016 Sent via ECFS Ms. Marlene Dortch, Secretary Federal Communications Commission Re: USTelecom Petition for Forbearance from Certain Incumbent LEC
More informationFCC 396. BROADCAST EQUAL EMPLOYMENT OPPORTUNITY PROGRAM REPORT (To be filed with broadcast license renewal application)
Federal Communications Commission Washington, D.C. 20554 FCC 396 Approved by OMB 3060-0113 (March 2003) BROADCAST EQUAL EMPLOYMENT OPPORTUNITY PROGRAM REPORT (To be filed with broadcast license renewal
More informationTelecommuncations - Recent Developments
Berkeley Technology Law Journal Volume 17 Issue 1 Article 30 January 2002 Telecommuncations - Recent Developments Berkeley Technology Law Journal Follow this and additional works at: https://scholarship.law.berkeley.edu/btlj
More informationShame on Verizon: There Are Customers In Manhattan, New York City Who Still Don't Have Service After Sandy Days and Counting.
Shame on Verizon: There Are Customers In Manhattan, New York City Who Still Don't Have Service After Sandy -- 185 Days and Counting. This is a foreboding glimpse into your future communications services
More informationAccessible Emergency Information (TV Crawls)
Accessible Emergency Information (TV Crawls) Updated May 2015 On April 9, 2013, the Federal Communications Commission (FCC) released a decision (the Order) implementing the provisions of the Twenty-First
More informationBefore the Federal Communications Commission Washington, D.C
Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Assessment and Collection of Regulatory ) MD Docket No. 13-140 Fees for Fiscal Year 2013 ) ) Procedure for Assessment
More informationIndependent TV: Content Regulation and the Communications Bill 2002
Franco-British Lawyers Society, 13 th Colloquium, Oxford, 20-21 September 2002 Independent TV: Content Regulation and the Communications Bill 2002 1. The Communications Bill will re-structure the statutory
More informationPrivacy Policy. April 2018
Privacy Policy April 2018 Contents 1 Purpose of this policy 2 2 Overview 2 3 Privacy Policy 2 3.1 Rights to Privacy 2 3.2 What kinds of personal information does APN Group collect? 2 3.3 Collection of
More informationThis Chapter does not apply to applications and decisions on, development on land reserved in corridor maps.
1560 1561 1562 1563 1564 1565 1566 1567 1568 1569 1570 1571 1572 1573 1574 1575 1576 1577 1578 1579 1580 1581 1582 1583 1584 1585 1586 1587 1588 1589 1590 1591 1592 1593 1594 1595 1596 1597 1598 1599 1600
More informationRATE INCREASE FAQs. Can you tell me what one TV station/network costs?
RATE INCREASE FAQs 1 Why are rates going up? 2 Can you tell me what one TV station/network costs? 3 Your services are too expensive...i am going to switch to a different provider. 4 I refuse to pay more
More informationGROWING VOICE COMPETITION SPOTLIGHTS URGENCY OF IP TRANSITION By Patrick Brogan, Vice President of Industry Analysis
RESEARCH BRIEF NOVEMBER 22, 2013 GROWING VOICE COMPETITION SPOTLIGHTS URGENCY OF IP TRANSITION By Patrick Brogan, Vice President of Industry Analysis An updated USTelecom analysis of residential voice
More informationMarch 10, Re: Notice of Ex parte presentation in MB Docket No.07-57
March 10, 2008 ELECTRONIC FILING Marlene H. Dortch, Secretary Federal Communications Commission Office of the Secretary 445 Twelfth St., NW Washington, DC 20554 Re: Notice of Ex parte presentation in MB
More informationIn this document, the Office of Management and Budget (OMB) has approved, for a
This document is scheduled to be published in the Federal Register on 09/11/2013 and available online at http://federalregister.gov/a/2013-22121, and on FDsys.gov 6712-01 FEDERAL COMMUNICATIONS COMMISSION
More informationBefore the FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, DC 20554
Before the FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, DC 20554 In the Matter of ) ) MB Docket No. 12-83 Interpretation of the Terms Multichannel Video ) Programming Distributor and Channel ) as raised
More informationBefore the STATE OF CONNECTICUT PUBLIC UTILITY REGULATORY AUTHORITY
Before the STATE OF CONNECTICUT PUBLIC UTILITY REGULATORY AUTHORITY In the Matter of ) ) Fiber Technologies, L.L.C. s Petition ) ) Docket No. 11-11-02 for Authority Investigation of Rental Rates ) ) Charged
More informationSIRIUS HOME ANTENNA USER GUIDE & WARRANTY
SIRIUS HOME ANTENNA FOR USER GUIDE & WARRANTY Thank you for purchasing the Monster SIRIUS Home Antenna for SIRIUS Satellite Radio. Your new antenna lets you enjoy SIRIUS Satellite Radio in the comfort
More informationBefore the Federal Communications Commission Washington, D.C ) ) ) ) ) REPLY COMMENTS OF PCIA THE WIRELESS INFRASTRUCTURE ASSOCIATION
Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Amendment of the Commission s Rules with Regard to Commercial Operations in the 3550-3650 MHz Band GN Docket No. 12-354
More informationThe Jon Vickers Film Scoring Award 2017/2019 Entry Form and Agreement
The Jon Vickers Film Scoring Award 2017/2019 Entry Form and Agreement Name (print): Current Address: Phone Number: Email Address: Date of Entry: The deadline for entries is May 1, 2017. All entries must
More informationTelecommunications Regulation. CHILE Claro y Cia
Telecommunications Regulation CHILE Claro y Cia CONTACT INFORMATION Matias de Marchena Claro y Cia Apoquindo 3721, piso 13 Las Condes, Santiago Chile 56-2-367-3092 mdemarchena@claro.cl 1. What is the name
More informationOGC Issues Roundtable
The Catholic Lawyer Volume 32, Number 3 Article 9 OGC Issues Roundtable Katherine Grincewich Follow this and additional works at: https://scholarship.law.stjohns.edu/tcl Part of the Communication Commons
More informationBefore the FEDERAL COMMUNICATIONS COMMISSION Washington, DC ) ) ) ) ) ) ) ) ) ) ) )
Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 In the Matter of Carriage of Digital Television Broadcast Signals: Amendment to Part 76 of the Commission s Rules CS Docket No. 98-120
More information47 USC 535. NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see
TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 5 - WIRE OR RADIO COMMUNICATION SUBCHAPTER V-A - CABLE COMMUNICATIONS Part II - Use of Cable Channels and Cable Ownership Restrictions 535.
More informationJuly 3, 2012 * * * * * * * * * * * * * * TABLE OF CONTENTS * * * * * * * * * * * * * *
Brooks, Pierce, McLendon, Humphrey & Leonard, LLP Counsel to VAB (919) 839-0300 250 West Main Street, Suite 100 Charlottesville, VA 22902 (434) 977-3716 July 3, 2012 * * * * * * * * * * * * * * TABLE OF
More informationRE: Verizon's Fiber Optic Networks are Title II Here s What the FCC Should Do. DOCKET: Open Internet Proceeding, (GN No.14-28)
Dear FCC Chairman Wheeler, Commissioners, cc: Congress RE: Verizon's Fiber Optic Networks are Title II Here s What the FCC Should Do. DOCKET: Open Internet Proceeding, (GN No.14-28) This quote is from
More informationReconfiguration Along the U.S.-Mexico Border Meeting in NPSPAC Region 3: Arizona May 16, 2013
Reconfiguration Along the U.S.-Mexico Border Meeting in NPSPAC Region 3: Arizona May 16, 2013 Agenda Program Overview Recent Developments Preparing for Reconfiguration Phases of Reconfiguration Planning
More informationResolution Calling on the FCC to Facilitate the DTV Transition through Additional Consumer Education Efforts
Resolution Calling on the FCC to Facilitate the DTV Transition through Additional Consumer Education Efforts WHEREAS, Congress has established February 17, 2009, as the hard deadline for the end of full-power
More informationAREA CODE EXHAUST AND RELIEF. Questions and Answers
AREA CODE EXHAUST AND RELIEF Table of Contents Page: Introduction 4 Why are we running out of numbers? 4 Why are we adding a new area code? 4 Will the cost of calls change because of a new area code? 4
More informationBefore the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C
Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of Lifeline and Link Up Reform and WC Docket No. 11-42 Modernization Telecommunications Carriers Eligible for WC Docket
More information528 May 26, 2016 No. 31 IN THE SUPREME COURT OF THE STATE OF OREGON
528 May 26, 2016 No. 31 IN THE SUPREME COURT OF THE STATE OF OREGON CITY OF EUGENE, an Oregon municipal corporation, Respondent on Review, v. COMCAST OF OREGON II, INC., an Oregon corporation, Petitioner
More informationNO SEAN A. LEV GENERAL COUNSEL PETER KARANJIA DEPUTY GENERAL COUNSEL RICHARD K. WELCH DEPUTY ASSOCIATE GENERAL COUNSEL
Appellate Case: 11-9900 Document: 01019020706 Date Filed: 03/18/2013 Page: 1 FEDERAL RESPONDENTS UNCITED RESPONSE TO THE AT&T PRINCIPAL BRIEF IN THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT
More informationBroadcasting Order CRTC
Broadcasting Order CRTC 2012-409 PDF version Route reference: 2011-805 Additional references: 2011-601, 2011-601-1 and 2011-805-1 Ottawa, 26 July 2012 Amendments to the Exemption order for new media broadcasting
More informationBefore the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C
Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Amendment of Parts 1, 2, 22, 24, 27, 90 ) WT Docket No. 10-4 and 95 of the Commission s Rules to Improve ) Wireless
More informationProperty No
EXHIBIT 2 Property No. 7006946-1 Alyson M. Seigal Area Manager FiOS Franchise Assurance New York City 140 West Street New York, NY 10007 Phone: (888) 364-3467 NYCFiOS@verizon.com September 20, 2016 VIA
More informationJuly 10, The Honorable Mitch McConnell Minority Leader United States Senate Washington, DC 20510
The Honorable Harry Reid Majority Leader United States Senate Washington, DC 20510 The Honorable Mitch McConnell Minority Leader United States Senate Washington, DC 20510 Dear Majority Leader Reid and
More informationCONTENTS Part One. Spectrum and Broadcast
Table of Materials... xv Copyright Permissions...xix Preface...xxi Part One. Spectrum and Broadcast... 3 Chapter 1. Why Regulate... 5 1.1 Introduction... 5 1.2 Defining Spectrum... 6 1.3 The Early History
More informationMarch 9, Legal Memorandum. ATSC 3.0 Notice of Proposed Rulemaking: Comments Due May 9; Reply Comments Due June 8
Brooks, Pierce, McLendon, Humphrey & Leonard, LLP Counsel to VAB (919) 839-0300 250 West Main Street, Suite 100 Charlottesville, VA 22902 (434) 977-3716 March 9, 2017 Legal Memorandum ATSC 3.0 Notice of
More informationWIRELESS PLANNING MEMORANDUM
WIRELESS PLANNING MEMORANDUM TO: Andrew Cohen-Cutler FROM: Robert C. May REVIEWER: Jonathan L. Kramer DATE: RE: Technical Review for Proposed Modification to Rooftop Wireless Site (File No. 160002523)
More informationDETERMINATION PUBLIC CONSULTATION ON A PROPOSAL FOR ASSIGNMENT OF SPECTRUM IN THE 700 MHZ BAND (MARCH 2013)
DETERMINATION PUBLIC CONSULTATION ON A PROPOSAL FOR ASSIGNMENT OF SPECTRUM IN THE 700 MHZ BAND (MARCH 2013) 1.0 INTRODUCTION ECTEL conducted a public consultation on a proposal for the assignment of spectrum
More informationBefore the FEDERAL COMMUNICATIONS COMMISSION Washington, DC ) ) ) ) ) COMMENTS OF ITTA THE VOICE OF AMERICA S BROADBAND PROVIDERS
Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 In the Matter of Authorizing Permissive Use of the Next Generation Broadcast Television Standard GN Docket No. 16-142 COMMENTS OF ITTA
More informationAppendix S: Franchising and Cable TV
Appendix S: Franchising and Cable TV Cable TV in US: a Regulatory Roller coaster Cable TV franchises awarded by local municipal governments derived from cable TV s need to use public streets Regulation
More informationALTERNATIVE BROADCAST INSPECTION PROGRAM
ALTERNATIVE BROADCAST INSPECTION PROGRAM A Cooperative Effort of the FCC and ABA A Three-Year Insurance Policy with Low Premiums! The ABIP Program provides you with A Full Compliance Inspection Immunity
More informationThe following is an article from Huffingon post by Bruce Kushnick, executive director, New Networks. ========================
Reply Comments: Docket 12-353. Feb 24, 2013 This is filed as reply comments. The FCC should be asking the fundemental question which filers have a financial interest to the incumbent phone companies, including
More informationTerm Sheet Reflecting the Agreement of the ACCESS Committee Regarding In-Flight Entertainment November 21, 2016
Term Sheet Reflecting the Agreement of the ACCESS Committee Regarding In-Flight Entertainment November 21, 2016 1. Definitions: a. IFE System: a system provided by an airline that provides entertainment
More informationCRS Report for Congress
Order Code RS20425 Updated March 14, 2003 CRS Report for Congress Received through the CRS Web Satellite Television: Provisions of SHVIA and LOCAL, and Continuing Issues Summary Marcia S. Smith Resources,
More informationNOW THEREFORE, in consideration of the mutual covenants and conditions herein contained, the parties hereto do hereby agree as follows:
NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained, the parties hereto do hereby agree as follows: ARTICLE 1 RECOGNITION AND GUILD SHOP 1-100 RECOGNITION AND GUILD
More information