In late November, the FCC issued an Order on Reconsideration updating the telecommunications carrier pole attachment formula in its rules. Specifically, the FCC adopted modified cost allocators to bring parity to the pole attachment rates for telecommunications carrier attachers and cable company attachers in nearly all circumstances. The timing of the Reconsideration Order came in response to concerns among cable operators offering broadband Internet access service (”BIAS”) that, as a result of the FCC’s Open Internet Order, they would be forced to pay the oftentimes higher telecommunications attachment rate, as well as other concerns raised by competitive telecommunications carriers. The Petition seeking reconsideration had been pending since 2011, after the Commission’s last significant order regarding the pole attachment rules and procedures.
The rule changes adopted by the Reconsideration Order have not yet taken effect. They will do so thirty (30) days after publication of the Reconsideration Order in the Federal Register. For more information about the FCC’s action and the changes to the pole attachment formula, please read our advisory.