Some Changes to Ky. Pole Attachment Rules Irk Utilities

Electric pole owners raised labor shortage and other concerns with Kentucky Public Service Commission changes to state pole attachment rules that are meant to spur broadband. The PSC received comments Wednesday on emergency amendments that the agency filed May 31 with the Legislative Research Commission. The PSC previously received comments May 21 on a draft in docket 2023-00416 (see 2405220040). The PSC's "use of inflexible timeframes for make-ready requirements -- rather than continuing to rely on commonsense good cause provisions -- will only compound the problems posed by [a] national worker shortage,” a group of electric cooperatives warned. Someday, the current "trickle of applications will likely be replaced by a deluge that will stretch the Cooperatives’ staff and resources, frustrating pole owners and attachers alike,” they added. Duke Energy questioned the PSC’s plan that would allow an attacher with multiple applications to choose the order a utility should review them. Prioritizing a new application would reset the review period of an older application currently under review, under the change. But Duke said "the need to track priorities and reset timelines of individual applications will create confusion, inefficiencies, and an unreasonable administrative burden for the utility.” The electric co-ops also raised concerns about that change. “Giving attachers the ability to reprioritize their applications at their discretion -- which can just as easily be done internally by attachers before submitting applications to pole owners -- only complicates the challenge of obtaining the right number of contractors at the right times.” In addition, the PSC rules lack "adequate enforcement of timely payment,” the co-ops said. “The staggering amount of outstanding payments due to pole owners from broadband providers looms over this entire proceeding.”