Telcos, Critics Spar Over FCC Wireline Deregulation Plans; Cable, Utilities Differ on 'Overlashing'

Telcos backed and critics opposed FCC proposals for further wireline deregulation the agency believes would encourage broadband deployment. Cable interests and others supported a proposal to codify existing FCC precedent promoting "overlashing" of pole attachments, while electric utilities said they must have advanced notice and oversight to ensure system reliability and safety. Comments were posted Wednesday and Thursday in docket 17-84 on a Further NPRM. The notice was combined with an order that streamlined rules for copper retirements and service discontinuances, and that took steps to facilitate pole attachments (see 1711160032).

Incumbent telcos urged the FCC to take new actions to simplify their obligations under Communications Act Section 214 to notify parties when retiring copper and to seek permission when discontinuing telecom services. Verizon urged the agency to affirm that local phone and other intrastate services "do not require a Section 214(a) application; revise its approach to applying Section 214 to legacy voice services when other voice options are available; forbear from applying Section 214 to applications to discontinue services with no customers; and expand its streamlining for applications to grandfather and discontinue previously-grandfathered services." It and AT&T (here) backed various other proposals, including codifying the overlashing precedent.

The FCC should "further streamline the network change process by adopting proposals to calculate the effective date of short-term network changes from the date the ILEC files its notice rather than the date the Commission releases its public notice, and to eliminate the requirement that ILECs provide public notice of network changes affecting interoperability of customer premises equipment," ITTA said. "It should also extend to all types of network changes the streamlined notice procedures applicable to force majeure and other unforeseen events adopted by the Commission for copper retirements."

Consumer groups and other ILEC critics opposed further deregulation. The plan "threatens the nation’s most vulnerable populations who still rely on copper networks for service," said Public Knowledge and the Center for Rural Strategies. Communications Workers of America said the agency "took a big leap backward" with previous deregulation and "should not further reduce" consumer protections. Also opposing deregulatory proposals were The Greenlining Institute, Incompas, Windstream and Telecommunications for the Deaf and Hard of Hearing and other advocates for people with disabilities (here). New York City opposed pre-emption of localities in national disasters and said the FNPRM should have been a notice of inquiry.

Cable and fiber interests backed proposed codification of commission overlashing precedent. Overlashing is "the practice of installing new facilities by attaching them to existing facilities that previously were approved by the pole owner," NTCA said. "The typical scenario for a cable operator involves lashing a new fiber optic cable to an existing coaxial cable." The FNPRM sought comment "on codifying a rule that overlashing is subject to a notice-and-attach process and that any concerns with overlashing should be satisfied by compliance with generally accepted engineering practices." NCTA said the FCC "policy of encouraging unrestricted overlashing, including its decision to prohibit prior approval requirements for overlashing, is a critical element of the regulatory foundation on which hundreds of billions of dollars of new investment have been made." The American Cable Association, Comcast and the Fiber Broadband Association also supported the codification.

Electric utilities said they should have timely notice and continued oversight. The FCC "should make it abundantly clear that a utility may require reasonable advance notice of overlashing," said Ameren Services and seven other power companies, which said numerous state public utility commissions require such notice. Without advance notice, they said "electric utilities cannot evaluate the impact of the proposed overlashing (loading/clearance) or determine whether there are existing violations (loading/clearance) that must be corrected prior to overlashing." While some overlashing "clearance violations" can be addressed post-attachment, they said, others cannot.

The proposals of existing attachers for little utility oversight are "anticompetitive," giving them an advantage over new attachers, said a coalition of Exelon and four other utilities. Overlashing "raises the same capacity, safety, reliability and generally applicable engineering concerns as do new attachments," they said. They said the FCC should clarify that strand-mounted antennas don't qualify as 'overlashing.'" Also filing concerns were CenterPoint Energy and Dominion Energy (here), CPS Energy, Edison Electric Institute, the Utilities Technology Council and Xcel Energy Services.

CenturyLink backed codifying FCC overlashing precedent for wires, "subject to a notice-and-attach process, without need for the pole owner's prior approval." The "streamlined process should not be applied, however, to overlashing of RF-emitting devices, batteries, power supplies, and other similar equipment, which presents safety, load, and aesthetic concerns best addressed through the standard pole attachment process," said the telco. Noting it had both pole owners and attachers, NTCA proposed "a balanced approach" to "protect the integrity of poles and existing attachments in a manner that does not impose unnecessary costs/burdens on any party involved."

Infrastructure Notebook

The Competitive Carriers Association and the National Association of Tower Erectors (NATE) urged streamlining infrastructure rules, in docket 17-79. CCA reported on a meeting with Matthew Duchesne, chief of the Office of Native Affairs and Policy. “Longstanding issues regarding delay and cost throughout federal and local siting procedures are growing exponentially as the industry moves away from chiefly constructing large towers, and toward deploying dense small cell networks and fiber,” CCA said. “CCA therefore encourages the Commission to heed its recommendations on ways to streamline broadband deployment, particularly through ongoing coordination with Tribal Nations.” NATE supports efforts to exclude from routine historic review so-called twilight towers. Commissioners approved a public notice on the towers in December (see 1712140049).