Some Seek Edits to Conn. Conduit Plan

The telecom industry sought changes Tuesday to a Connecticut agency’s plan to establish an application and approval process for conduit excavations in highways, streets or other public rights of way by telecom and broadband providers. The Public Utilities Regulatory Authority (PURA) plans to vote Feb. 8 on the proposal in docket 21-12-21 (see 2301100075). Frontier Communications raised concerns the draft “may create possible unintended complications and delays with the placement of ‘conduit laterals’ -- a conduit from a manhole to a nearby pole and/or customer building or location where the planned excavation involves open trenching and requires either a [Connecticut Transportation Department (CTDOT)] or municipality permit.” Frontier said requiring 90 days' notice “will take a straightforward and limited excavation and turn it into” an up-to-four months' “waiting period for customers to receive broadband service.” PURA’s final decision should confirm emergency work should be exempted from a requirement to file an application and wait 30 days, said the New England Connectivity and Telecommunications Association. The current proposal exempts such work from notification but not from the application process, NECTA said. Also, PURA should clarify that cable-in-conduit and “directional boring deployments may commence upon the filing of an application,” it said. PURA’s interpretation including telecom service providers as providers or applicants is contrary to the state’s Broadband Act, said Crown Castle. That law’s Section 5(b) violates the federal Telecom Act’s Section 253(a) “because it imposes significant costs and compensation requirements that are not limited to allowing the State to recover its cost of right of way management,” it said. State departments also filed exceptions to the PURA draft. CTDOT “wants to be sure” PURA and providers understand it doesn’t allow micro-trenching or cable-in-conduit, “nor any conduit installation method that places conduit closer than 36 inches to the surface,” on state highways, it commented. A 90-day notice period should apply “under all circumstances in the application process,” said the Department of Energy and Environmental Protection. Currently, the PURA draft proposes notification to CTDOT or a municipality 90 days before construction but 30 days in other circumstances.