Information Collection Being Reviewed by the Federal Communications Commission, 60857-60859 [2018-25794]
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Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices
Governing the Licensing of, and
Spectrum Usage by, Commercial Earth
Stations and Space Stations.
Form Nos.: FCC Form 312; Schedule
A; Schedule B; Schedule S; FCC Form
312–EZ; FCC Form 312–R.
Type of Review: Revision of a
currently approved information
collection.
Respondents: Business or other forprofit entities; not-for-profit entities.
Number of Respondents: 7,170
respondents; 7,219 responses.
Estimated Time per Response: 0.5–80
hours per response.
Frequency of Response: On occasion,
one time, and annual reporting
requirements; third-party disclosure
requirement; recordkeeping
requirement.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this collection is contained
in 47 U.S.C. 154, 301, 302, 303, 307,
309, 310, 319, 332, 605, and 721.
Total Annual Burden: 42,014 hours.
Annual Cost Burden: $12,411,120.
Privacy Act Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
In general, there is no need for
confidentiality with this collection of
information. Certain information
collected regarding international
coordination of satellite systems is not
routinely available for public inspection
pursuant to 5 U.S.C. 552(b) and 47 CFR
0.457(d)(vii).
Needs and Uses: The Federal
Communications Commission requests
that the Office of Management and
Budget (OMB) approve a revision of the
information collection titled ‘‘Part 25 of
the Federal Communications
Commission’s Rules Governing the
Licensing of, and Spectrum Usage By,
Commercial Earth Stations and Space
Stations’’ under OMB Control No. 3060–
0678, as a result of a recent rulemaking
discussed below.
On July 13, 2018, the Federal
Communications Commission
(‘‘Commission’’) released an Order
titled, ‘‘In the Matter of Expanding
Flexible Use of the 3.7 to 4.2 GHz Band;
Expanding Flexible Use in Mid-Band
Spectrum Between 3.7 and 24 GHz;
Petition for Rulemaking to Amend and
Modernize Parts 25 and 101 of the
Commission’s Rules to Authorize and
Facilitate the Deployment of Licensed
Point-to-Multipoint Fixed Wireless
Broadband Service in the 3.7–4.2 GHz
Band; Fixed Wireless Communications
Coalition, Inc., Request for Modified
Coordination Procedures in Band
Shared Between the Fixed Service and
the Fixed Satellite Service,’’ GN Docket
No. 18–122, GN Docket No. 17–183,
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RM–11791, RM–11778 (FCC 18–91).
The Order has been published in the
Federal Register. 83 FR 42043 (Aug. 20,
2018).
In this proceeding, the Commission
seeks to identify potential opportunities
for additional terrestrial use for wireless
broadband services of 500 megahertz of
mid-band spectrum between 3.7–4.2
GHz. In response to concerns that the
Commission’s information regarding
current use of the band is inaccurate
and/or incomplete, the Commission
adopted an Order requesting additional
information from operators in the fixedsatellite service (FSS). Specifically, for
FSS operators in the 3.7–4.2 GHz band,
the Order (1) requests additional
information on the operations of
temporary-fixed earth station licensees,
and (2) requests additional information
on the operations of space stations. This
information collection will provide the
Commission and the public with
additional information about existing
FSS operators that will be used to
consider potential new terrestrial
services in the 3.7–4.2 GHz band while
protecting the interests of those FSS
operators. The Order also requires
certain earth station operators to file
certifications that information on file
with the Commission remains accurate.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer, Office of the
Secretary.
[FR Doc. 2018–25800 Filed 11–26–18; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–1151]
Information Collection Being Reviewed
by the Federal Communications
Commission
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:
As part of its continuing effort
to reduce paperwork burdens, and as
required by the Paperwork Reduction
Act of 1995 (PRA), the Federal
Communications Commission (FCC or
Commission) invites the general public
and other Federal agencies to take this
opportunity to comment on the
following information collections.
Comments are requested concerning:
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
SUMMARY:
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60857
information shall have practical utility;
the accuracy of the Commission’s
burden estimate; ways to enhance the
quality, utility, and clarity of the
information collected; ways to minimize
the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology; and ways to
further reduce the information
collection burden on small business
concerns with fewer than 25 employees.
The FCC may not conduct or sponsor
a collection of information unless it
displays a currently valid Office of
Management and Budget (OMB) control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
PRA that does not display a valid OMB
control number.
DATES: Written PRA comments should
be submitted on or before January 28,
2019. If you anticipate that you will be
submitting comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the contact listed below as soon
as possible.
ADDRESSES: Direct all PRA comments to
Nicole Ongele, FCC, via email PRA@
fcc.gov and to Nicole.ongele@fcc.gov.
FOR FURTHER INFORMATION CONTACT: For
additional information about the
information collection, contact Nicole
Ongele, (202) 418–2991.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–1151.
Title: Sections 1.1411, 1.1412, 1.1413,
and 1.1415 Pole Attachment Access
Requirements.
Form Number: N/A.
Type of Review: Revision of a
currently-approved collection.
Respondents: Business or other forprofit.
Number of Respondents: 1,142
respondents; 145,538 responses.
Estimated Time per Response: 0.5–6
hours.
Frequency of Response: On-occasion
reporting requirement, recordkeeping
requirement, and third-party disclosure
requirement.
Obligation to Respond: Mandatory.
Statutory authority for this information
collection is contained in 47 U.S.C. 224.
Total Annual Burden: 554,410 hours.
Total Annual Cost: $6,750,000.
Privacy Act Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
No questions of a confidential nature are
asked.
Needs and Uses: The Commission is
requesting Office of Management and
Budget (OMB) approval for revisions to,
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amozie on DSK3GDR082PROD with NOTICES1
60858
Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices
and a three-year extension of, this
information collection. In Accelerating
Wireline Broadband Deployment by
Removing Barriers to Infrastructure
Investment, WC Docket No. 17–84, WT
Docket No. 17–70, Third Report and
Order and Declaratory Ruling, FCC 18–
111 (2018) (Order), the Commission
adopted rules that implement the pole
attachment requirements in section 224
of the Communications Act of 1934, as
amended. The Order substantially
revised 47 CFR 1.1411, 1.1412, and
1.1413. It also added new 47 CFR
1.1415.
Section 1.1411. In the Order, the
Commission adopted a new one-touch,
make-ready (OTMR) process for when a
telecommunications carrier or cable
television system (new attacher) elects
to do the work itself to prepare a utility
pole for a simple wireline attachment in
the communications space. As part of
the OTMR process, the new attacher
typically first conducts a survey of the
affected poles, giving the utility and
existing attachers a chance to be present
for the survey. New attachers must elect
the OTMR process in their pole
attachment application and must
demonstrate to the utility that the
planned work qualifies for OTMR. The
utility then must determine whether the
pole attachment application is complete
and whether the work qualifies for
OTMR, and then must either grant or
deny pole access and explain its
decision in writing. The utility also can
object to the new attacher’s
determination that the work qualifies for
OTMR, and that objection is final and
determinative so long as it is specific
and in writing, includes all relevant
evidence and information supporting its
decision, made in good faith, and
explains how such evidence and
information relates to a determination
that the make-ready is not simple. If the
new attacher’s OTMR application is
approved, then it can proceed with
OTMR work by giving advance notice to
the utility and existing attachers and
allowing them an opportunity to be
present when OTMR work is being
done. New attachers must provide
immediate notice to affected utilities
and existing attachers if outages or
equipment damage is caused by their
OTMR work. Finally, new attachers
must provide notice to affected utilities
and existing attachers after OTMR work
is completed, allowing them to inspect
the work and request remediation, if
necessary.
The Commission also adopted
changes to its existing pole attachment
timeline, which still will be used for
complex work, work above the
communications space on a utility pole,
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and in situations where new attachers
do not want to elect OTMR. The
Commission largely kept the existing
pole attachment timeline intact, except
for the following changes: (1) Revising
the definition of a complete pole
attachment application and establishing
a timeline for a utility’s determination
whether an application is complete; (2)
requiring utilities to provide at least
three business days’ advance notice of
any surveys to attachers; (3) establishing
a 30-day deadline for completion of all
make-ready work in the
communications space; (4) eliminating
the 15-day utility make-ready period for
communications space attachments; (5)
streamlining the utility’s notice
requirements; (6) enhancing the new
attacher’s self-help remedy by making
the remedy available for surveys and
make-ready work for all attachments
anywhere on the pole in the event that
the utility or the existing attachers fail
to meet the required deadlines; (7)
providing notice requirements when
new attachers elect self-help, such
notices to be given when new attachers
perform self-help surveys and makeready work, when outages or equipment
damage results from self-help work, and
upon completion of self-help work to
allow for inspection; (8) allowing
utilities to meet the survey requirement
by electing to use surveys previously
prepared on the affected poles by new
attachers; and (9) requiring utilities to
provide detailed make-ready cost
estimates and final invoices on a poleby-pole basis if requested by new
attachers. Both utilities and existing
attachers can deviate from the existing
pole attachment make-ready timeline for
reasons of safety or service interruption
by giving written notice to the affected
parties that includes a detailed
explanation of the need for the
deviation and a new completion date.
The deviation shall be for a period no
longer than necessary to complete makeready on the affected poles, and the
deviating party shall resume make-ready
without discrimination when it returns
to routine operations.
Section 1.1412. The Commission
required utilities to make available, and
keep up-to-date, a reasonably sufficient
list of contractors that they authorize to
perform surveys and make-ready work
that are complex or involve self-help
work above the communications space
of a utility pole. Attachers can request
to add to the list any contractor that
meets certain minimum qualifications,
subject to the utility’s ability to
reasonably object. For simple work, a
utility may, but is not required, to keep
an up-to-date, reasonably sufficient list
PO 00000
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Fmt 4703
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of contractors that they authorize to
perform surveys and simple make-ready
work. For any utility-supplied
contractor list, the utility must ensure
that the contractors meet certain
minimum requirements. Attachers can
request to add to the list any contractor
that meets the minimum qualifications,
subject to the utility’s ability to
reasonably object. If the utility does not
provide a list of approved contractors
for surveys or simple make-ready, or no
utility-approved contractor is available
within a reasonable time period, then
the new attacher may choose its own
qualified contractor that meets the
minimum requirements, subject to
notice and the utility’s ability to
disqualify the chosen contractor for
reasonable safety or reliability concerns.
Section 1.1413. The Commission
established a presumption that in a
complaint proceeding challenging a
utility’s rates, terms, or conditions of
pole attachment, an incumbent local
exchange carrier (LEC) is similarly
situated to an attacher that is a
telecommunications carrier or a cable
television system providing
telecommunications services for
purposes of obtaining comparable pole
attachment rates, terms, or conditions.
To rebut the presumption, the utility
must demonstrate by clear and
convincing evidence that the incumbent
LEC receives benefits under its pole
attachment agreement with a utility that
materially advantages the incumbent
LEC over other telecommunications
carriers or cable television systems
providing telecommunications service
on the same poles. Such a presumption
applies only to pole attachment
agreements entered into, or renewed
after, the effective date of the Order, The
Commission addressed the paperwork
burdens for changes to Section 1.1413 in
a separate collection—OMB Control No.
3060–0392, 47 CFR part 1 Subpart J—
Pole Attachment Complaint Procedures.
Section 1.1415. The Commission
adopted a new rule codifying its policy
that utilities may not require an attacher
to obtain prior approval for overlashing
on an attacher’s existing wires or for
third-party overlashing of an existing
attachment when such overlashing is
conducted with the permission of the
existing attacher. In addition, the
Commission adopted a rule that allows
utilities to establish reasonable advance
notice requirements for overlashing (up
to 15 days’ advance notice). If a utility
requires advance notice for overlashing,
then the utility must provide existing
attachers with advance written notice of
the notice requirement or include the
notice requirement in the attachment
agreement with the existing attacher. If,
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Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices
after receiving advance notice, the
utility determines that an overlash
would create a capacity, safety,
reliability, or engineering issue, then it
must provide specific documentation of
the issue to the party seeking to overlash
within the 15-day advance notice
period, and the party seeking to
overlash must address any identified
issues before continuing with the
overlash either by modifying its
proposal or by explaining why, in the
party’s view, a modification is
unnecessary. An overlashing party must
notify the affected utility within 15 days
of completion of the overlash and
provide the affected utility at least 90
days to inspect the overlash. If damage
or code violations are discovered by the
utility during the inspection, then it
must notify the overlashing party,
provide adequate documentation of the
problem, and elect to either fix the
problem itself at the overlashing party’s
expense or require remediation by the
overlashing party.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer, Office of the
Secretary.
[FR Doc. 2018–25794 Filed 11–26–18; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–XXXX]
Information Collection Being
Submitted for Review and Approval to
the Office of Management and Budget
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:
As part of its continuing effort
to reduce paperwork burdens, and as
required by the Paperwork Reduction
Act (PRA) of 1995, the Federal
Communications Commission (FCC or
the Commission) invites the general
public and other Federal agencies to
take this opportunity to comment on the
following information collection.
Comments are requested concerning:
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
the accuracy of the Commission’s
burden estimate; ways to enhance the
quality, utility, and clarity of the
information collected; ways to minimize
the burden of the collection of
information on the respondents,
amozie on DSK3GDR082PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
17:45 Nov 26, 2018
Jkt 247001
including the use of automated
collection techniques or other forms of
information technology; and ways to
further reduce the information
collection burden on small business
concerns with fewer than 25 employees.
The Commission may not conduct or
sponsor a collection of information
unless it displays a currently valid
Office of Management and Budget
(OMB) control number. No person shall
be subject to any penalty for failing to
comply with a collection of information
subject to the PRA that does not display
a valid OMB control number.
DATES: Written comments should be
submitted on or before December 27,
2018. If you anticipate that you will be
submitting comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the contacts listed below as soon
as possible.
ADDRESSES: Direct all PRA comments to
Nicholas A. Fraser, OMB, via email
Nicholas_A._Fraser@omb.eop.gov; and
to Nicole Ongele, FCC, via email PRA@
fcc.gov and to Nicole.Ongele@fcc.gov.
Include in the comments the OMB
control number as shown in the
SUPPLEMENTARY INFORMATION below.
FOR FURTHER INFORMATION CONTACT: For
additional information or copies of the
information collection, contact Nicole
Ongele at (202) 418–2991. To view a
copy of this information collection
request (ICR) submitted to OMB: (1) Go
to the web page, https://www.reginfo.gov/
public/do/PRAMain, (2) look for the
section of the web page called
‘‘Currently Under Review,’’ (3) click on
the downward-pointing arrow in the
‘‘Select Agency’’ box below the
‘‘Currently Under Review’’ heading, (4)
select ‘‘Federal Communications
Commission’’ from the list of agencies
presented in the ‘‘Select Agency’’ box,
(5) click the ‘‘Submit’’ button to the
right of the ‘‘Select Agency’’ box, (6)
when the list of FCC ICRs currently
under review appears, look for the OMB
control number of this ICR and then
click on the ICR Reference Number. A
copy of the FCC submission to OMB
will be displayed.
SUPPLEMENTARY INFORMATION: As part of
its continuing effort to reduce
paperwork burdens, and as required by
the Paperwork Reduction Act (PRA) of
1995 (44 U.S.C. 3501–3520), the Federal
Communications Commission (FCC or
the Commission) invites the general
public and other Federal agencies to
take this opportunity to comment on the
following information collection.
Comments are requested concerning:
Whether the proposed collection of
information is necessary for the proper
PO 00000
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Fmt 4703
Sfmt 9990
60859
performance of the functions of the
Commission, including whether the
information shall have practical utility;
the accuracy of the Commission’s
burden estimate; ways to enhance the
quality, utility, and clarity of the
information collected; ways to minimize
the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology; and ways to
further reduce the information
collection burden on small business
concerns with fewer than 25 employees.
OMB Control Number: 3060–XXXX.
Title: Intermediate Provider Registry,
WC Docket No. 13–39.
Form Number: N/A.
Type of Review: New information
collection.
Respondents: Business or other forprofit entities.
Number of Respondents and
Responses: 168 respondents; 168
responses.
Estimated Time per Response: 1 hour.
Frequency of Response: Third-party
disclosure; one-time reporting
requirement; on occasion reporting
requirement.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for this collection is contained
in sections 1, 4(i), 201(b), 202(a), 217,
and 262 of the Communications Act of
1934, as amended, 47 U.S.C. 151, 154(i),
201(b), 202(a), 217, and 262.
Total Annual Burden: 168 hours.
Total Annual Cost: No Cost.
Privacy Act Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
The Commission is not requesting that
the respondents submit confidential
information to the FCC. Respondents
may, however, request confidential
treatment for information they believe to
be confidential under 47 CFR 0.459 of
the Commission’s rules.
Needs and Uses: The Improving Rural
Call Quality and Reliability Act of 2017
(RCC Act), Public Law 115–129,
requires the Commission establish a
registry for intermediate providers and
requires intermediate providers register
with the Commission before offering to
transmit covered voice communications.
The information collected through this
information collection will be used to
implement Congress’s direction to the
Commission to establish an
intermediate provider registry.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer, Office of the
Secretary.
[FR Doc. 2018–25797 Filed 11–26–18; 8:45 am]
BILLING CODE 6712–01–P
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]]>Agencies
[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)]
[Notices]
[Pages 60857-60859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25794]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-1151]
Information Collection Being Reviewed by the Federal
Communications Commission
AGENCY: Federal Communications Commission.
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: As part of its continuing effort to reduce paperwork burdens,
and as required by the Paperwork Reduction Act of 1995 (PRA), the
Federal Communications Commission (FCC or Commission) invites the
general public and other Federal agencies to take this opportunity to
comment on the following information collections. Comments are
requested concerning: Whether the proposed collection of information is
necessary for the proper performance of the functions of the
Commission, including whether the information shall have practical
utility; the accuracy of the Commission's burden estimate; ways to
enhance the quality, utility, and clarity of the information collected;
ways to minimize the burden of the collection of information on the
respondents, including the use of automated collection techniques or
other forms of information technology; and ways to further reduce the
information collection burden on small business concerns with fewer
than 25 employees.
The FCC may not conduct or sponsor a collection of information
unless it displays a currently valid Office of Management and Budget
(OMB) control number. No person shall be subject to any penalty for
failing to comply with a collection of information subject to the PRA
that does not display a valid OMB control number.
DATES: Written PRA comments should be submitted on or before January
28, 2019. If you anticipate that you will be submitting comments, but
find it difficult to do so within the period of time allowed by this
notice, you should advise the contact listed below as soon as possible.
ADDRESSES: Direct all PRA comments to Nicole Ongele, FCC, via email
[email protected] and to [email protected].
FOR FURTHER INFORMATION CONTACT: For additional information about the
information collection, contact Nicole Ongele, (202) 418-2991.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-1151.
Title: Sections 1.1411, 1.1412, 1.1413, and 1.1415 Pole Attachment
Access Requirements.
Form Number: N/A.
Type of Review: Revision of a currently-approved collection.
Respondents: Business or other for-profit.
Number of Respondents: 1,142 respondents; 145,538 responses.
Estimated Time per Response: 0.5-6 hours.
Frequency of Response: On-occasion reporting requirement,
recordkeeping requirement, and third-party disclosure requirement.
Obligation to Respond: Mandatory. Statutory authority for this
information collection is contained in 47 U.S.C. 224.
Total Annual Burden: 554,410 hours.
Total Annual Cost: $6,750,000.
Privacy Act Impact Assessment: No impact(s).
Nature and Extent of Confidentiality: No questions of a
confidential nature are asked.
Needs and Uses: The Commission is requesting Office of Management
and Budget (OMB) approval for revisions to,
[[Page 60858]]
and a three-year extension of, this information collection. In
Accelerating Wireline Broadband Deployment by Removing Barriers to
Infrastructure Investment, WC Docket No. 17-84, WT Docket No. 17-70,
Third Report and Order and Declaratory Ruling, FCC 18-111 (2018)
(Order), the Commission adopted rules that implement the pole
attachment requirements in section 224 of the Communications Act of
1934, as amended. The Order substantially revised 47 CFR 1.1411,
1.1412, and 1.1413. It also added new 47 CFR 1.1415.
Section 1.1411. In the Order, the Commission adopted a new one-
touch, make-ready (OTMR) process for when a telecommunications carrier
or cable television system (new attacher) elects to do the work itself
to prepare a utility pole for a simple wireline attachment in the
communications space. As part of the OTMR process, the new attacher
typically first conducts a survey of the affected poles, giving the
utility and existing attachers a chance to be present for the survey.
New attachers must elect the OTMR process in their pole attachment
application and must demonstrate to the utility that the planned work
qualifies for OTMR. The utility then must determine whether the pole
attachment application is complete and whether the work qualifies for
OTMR, and then must either grant or deny pole access and explain its
decision in writing. The utility also can object to the new attacher's
determination that the work qualifies for OTMR, and that objection is
final and determinative so long as it is specific and in writing,
includes all relevant evidence and information supporting its decision,
made in good faith, and explains how such evidence and information
relates to a determination that the make-ready is not simple. If the
new attacher's OTMR application is approved, then it can proceed with
OTMR work by giving advance notice to the utility and existing
attachers and allowing them an opportunity to be present when OTMR work
is being done. New attachers must provide immediate notice to affected
utilities and existing attachers if outages or equipment damage is
caused by their OTMR work. Finally, new attachers must provide notice
to affected utilities and existing attachers after OTMR work is
completed, allowing them to inspect the work and request remediation,
if necessary.
The Commission also adopted changes to its existing pole attachment
timeline, which still will be used for complex work, work above the
communications space on a utility pole, and in situations where new
attachers do not want to elect OTMR. The Commission largely kept the
existing pole attachment timeline intact, except for the following
changes: (1) Revising the definition of a complete pole attachment
application and establishing a timeline for a utility's determination
whether an application is complete; (2) requiring utilities to provide
at least three business days' advance notice of any surveys to
attachers; (3) establishing a 30-day deadline for completion of all
make-ready work in the communications space; (4) eliminating the 15-day
utility make-ready period for communications space attachments; (5)
streamlining the utility's notice requirements; (6) enhancing the new
attacher's self-help remedy by making the remedy available for surveys
and make-ready work for all attachments anywhere on the pole in the
event that the utility or the existing attachers fail to meet the
required deadlines; (7) providing notice requirements when new
attachers elect self-help, such notices to be given when new attachers
perform self-help surveys and make-ready work, when outages or
equipment damage results from self-help work, and upon completion of
self-help work to allow for inspection; (8) allowing utilities to meet
the survey requirement by electing to use surveys previously prepared
on the affected poles by new attachers; and (9) requiring utilities to
provide detailed make-ready cost estimates and final invoices on a
pole-by-pole basis if requested by new attachers. Both utilities and
existing attachers can deviate from the existing pole attachment make-
ready timeline for reasons of safety or service interruption by giving
written notice to the affected parties that includes a detailed
explanation of the need for the deviation and a new completion date.
The deviation shall be for a period no longer than necessary to
complete make-ready on the affected poles, and the deviating party
shall resume make-ready without discrimination when it returns to
routine operations.
Section 1.1412. The Commission required utilities to make
available, and keep up-to-date, a reasonably sufficient list of
contractors that they authorize to perform surveys and make-ready work
that are complex or involve self-help work above the communications
space of a utility pole. Attachers can request to add to the list any
contractor that meets certain minimum qualifications, subject to the
utility's ability to reasonably object. For simple work, a utility may,
but is not required, to keep an up-to-date, reasonably sufficient list
of contractors that they authorize to perform surveys and simple make-
ready work. For any utility-supplied contractor list, the utility must
ensure that the contractors meet certain minimum requirements.
Attachers can request to add to the list any contractor that meets the
minimum qualifications, subject to the utility's ability to reasonably
object. If the utility does not provide a list of approved contractors
for surveys or simple make-ready, or no utility-approved contractor is
available within a reasonable time period, then the new attacher may
choose its own qualified contractor that meets the minimum
requirements, subject to notice and the utility's ability to disqualify
the chosen contractor for reasonable safety or reliability concerns.
Section 1.1413. The Commission established a presumption that in a
complaint proceeding challenging a utility's rates, terms, or
conditions of pole attachment, an incumbent local exchange carrier
(LEC) is similarly situated to an attacher that is a telecommunications
carrier or a cable television system providing telecommunications
services for purposes of obtaining comparable pole attachment rates,
terms, or conditions. To rebut the presumption, the utility must
demonstrate by clear and convincing evidence that the incumbent LEC
receives benefits under its pole attachment agreement with a utility
that materially advantages the incumbent LEC over other
telecommunications carriers or cable television systems providing
telecommunications service on the same poles. Such a presumption
applies only to pole attachment agreements entered into, or renewed
after, the effective date of the Order, The Commission addressed the
paperwork burdens for changes to Section 1.1413 in a separate
collection--OMB Control No. 3060-0392, 47 CFR part 1 Subpart J--Pole
Attachment Complaint Procedures.
Section 1.1415. The Commission adopted a new rule codifying its
policy that utilities may not require an attacher to obtain prior
approval for overlashing on an attacher's existing wires or for third-
party overlashing of an existing attachment when such overlashing is
conducted with the permission of the existing attacher. In addition,
the Commission adopted a rule that allows utilities to establish
reasonable advance notice requirements for overlashing (up to 15 days'
advance notice). If a utility requires advance notice for overlashing,
then the utility must provide existing attachers with advance written
notice of the notice requirement or include the notice requirement in
the attachment agreement with the existing attacher. If,
[[Page 60859]]
after receiving advance notice, the utility determines that an overlash
would create a capacity, safety, reliability, or engineering issue,
then it must provide specific documentation of the issue to the party
seeking to overlash within the 15-day advance notice period, and the
party seeking to overlash must address any identified issues before
continuing with the overlash either by modifying its proposal or by
explaining why, in the party's view, a modification is unnecessary. An
overlashing party must notify the affected utility within 15 days of
completion of the overlash and provide the affected utility at least 90
days to inspect the overlash. If damage or code violations are
discovered by the utility during the inspection, then it must notify
the overlashing party, provide adequate documentation of the problem,
and elect to either fix the problem itself at the overlashing party's
expense or require remediation by the overlashing party.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer, Office of the Secretary.
[FR Doc. 2018-25794 Filed 11-26-18; 8:45 am]
BILLING CODE 6712-01-P
