FCC Proposes Harmonized Procedures for Certain Complaints, Including Pole Attachments

FCC members proposed creating uniform procedural rules for certain complaint proceedings -- including on pole attachments -- "delegated to the Enforcement Bureau and currently handled by its Market Disputes Resolution Division (MDRD) and Telecommunications Consumers Division (TCD)." The proceedings are governed by three sets of rules that "are not congruent and the inconsistencies can lead to needless confusion," said an NPRM Monday in docket 17-245. It proposed "to streamline and consolidate the procedural rules governing formal complaints" filed under Communications Act Section 208, pole attachment complaints filed under Section 224, and formal complaints on advanced communications services and equipment filed under sections 255, 716, and 718 ("Disability Access complaints"). "We propose amending our rules so that formal complaints currently managed by MDRD (Section 208 formal complaints and Section 224 pole attachment complaints) and TCD (Disability Access complaints) are subject to one set of procedural rules," the NPRM said. "We use the Section 208 rules as a starting point because they have worked well in resolving hundreds of complaints filed since 1997. In some instances, however, we propose modifying those rules where we believe the pole attachment complaint rules would improve the complaint process. Moreover, we propose retaining specific pole attachment rules that are unique and necessary to resolving those particular types of complaints." The NPRM proposed a 30-day deadline for answering formal complaints, unless otherwise ordered by staff, with replies due 10 days later. Because the rules are procedural, the commission said notice and comment aren't required under the Administrative Procedure Act, but to build a more informed record, it asked for comments and replies 30 and 45 days after publication in the Federal Register. Last week, the FCC told Congress about other ways it's improving bureau procedures (see 1709180057).