Information Collection Being Submitted for Review and Approval to the Office of Management and Budget, 5080-5082 [2019-02776]

Download as PDF 5080 Federal Register / Vol. 84, No. 34 / Wednesday, February 20, 2019 / Notices Devices (Sections 303(aa) and (bb) of the Communications Act). The Committee is organized under, and operates in accordance with, the provisions of the FACA. The Committee will be solely advisory in nature. Consistent with FACA and its requirements, each meeting of the Committee will be open to the public unless otherwise noticed. A notice of each meeting will be published in the Federal Register at least fifteen (15) days in advance of the meeting. Records will be maintained of each meeting and made available for public inspection. All activities of the Committee will be conducted in an open, transparent, and accessible manner. The Committee shall terminate two years from the date that this renewal is effective (on or before December 21, 2020), or earlier upon the completion of its work as determined by the Chairman, unless its charter is renewed prior to the termination date. During the Committee’s third term, it is anticipated that the Committee will meet in Washington, DC for at least three (3) one-day meetings. The first meeting date and agenda topics will be described in a Public Notice issued and published in the Federal Register at least fifteen (15) days prior to the first meeting date. In addition, as needed, working groups or subcommittees (ad hoc or steering) will be established to facilitate the Committee’s work between meetings of the full Committee. All meetings, including those of working groups and subcommittees, will be fully accessible to individuals with disabilities. Federal Communications Commission. Suzy Rosen Singleton, Chief, Disability Rights Office, Consumer and Governmental Affairs Bureau. [FR Doc. 2019–02780 Filed 2–19–19; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION [OMB 3060–1151] 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 SUMMARY: VerDate Sep<11>2014 17:16 Feb 19, 2019 Jkt 247001 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, 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 March 22, 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 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 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 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 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: 3060–1151. 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, 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 E:\FR\FM\20FEN1.SGM 20FEN1 Federal Register / Vol. 84, No. 34 / Wednesday, February 20, 2019 / Notices 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 VerDate Sep<11>2014 17:16 Feb 19, 2019 Jkt 247001 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 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, PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 5081 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, 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 E:\FR\FM\20FEN1.SGM 20FEN1 5082 Federal Register / Vol. 84, No. 34 / Wednesday, February 20, 2019 / Notices 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. Marlene Dortch, Secretary, Office of the Secretary. [FR Doc. 2019–02776 Filed 2–19–19; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION [OMB 3060–0986] 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 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 SUMMARY: VerDate Sep<11>2014 17:16 Feb 19, 2019 Jkt 247001 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 April 22, 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. OMB Control Number: 3060–0986. Title: High-Cost Universal Service Support. Form Number: FCC Form 481, and FCC Form 525. Type of Review: Revision of a currently approved collection. Respondents: Business or other forprofit, not-for-profit institutions and state, local or tribal government. Number of Respondents and Responses: 1,877 respondents; 11,977 responses. Estimated Time per Response: 0.1–15 hours. Frequency of Response: On occasion, quarterly and annual reporting requirements, recordkeeping requirement and third-party disclosure requirement. Obligation to Respond: Required to obtain or retain benefits. Statutory authority for this information collection is contained in 47 U.S.C. 151–154, 155, 201–206, 214, 218–220, 251, 252, 254, 256, 303(r), 332, 403, 405, 410, and 1302. Total Annual Burden: 51,080 hours. Total Annual Cost: No Cost. Privacy Act Impact Assessment: No impact(s). Nature and Extent of Confidentiality: The Commission notes that the Universal Service Administrative Company (USAC) must preserve the confidentiality of all data obtained from respondents and contributors to the universal service support program mechanism; must not use the data except for purposes of administering the universal service program; must not use the data except for purposes of administering the universal support program; and must not disclose data in company-specific form unless directed to do so by the Commission. Parties may submit confidential information in PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 relation pursuant to a protective order. Also, respondents may request materials or information submitted to the Commission or to the Administrator believed confidential to be withheld from public inspection under 47 CFR 0.459 of the FCC’s rules. Needs and Uses: The Commission is requesting the Office of Management and Budget (OMB) approval for this revised information collection. On November 18, 2011, the Commission adopted an order reforming its high-cost universal service support mechanisms. Connect America Fund; A National Broadband Plan for Our Future; Establish Just and Reasonable Rates for Local Exchange Carriers; High-Cost Universal Service Support; Developing a Unified Intercarrier Compensation Regime; Federal-State Joint Board on Universal Service; Lifeline and Link-Up; Universal Service Reform—Mobility Fund, WC Docket Nos. 10–90, 07–135, 05–337, 03–109; GN Docket No. 09–51; CC Docket Nos. 01–92, 96–45; WT Docket No. 10–208, Order and Further Notice of Proposed Rulemaking, 26 FCC Rcd 17663 (2011) (USF/ICC Transformation Order), and the Commission and Wireline Competition Bureau have since adopted a number of orders that implement the USF/ICC Transformation Order; see also Connect America Fund et al., WC Docket No. 10– 90 et al., Third Order on Reconsideration, 27 FCC Rcd 5622 (2012); Connect America Fund et al., WC Docket No. 10–90 et al., Order, 27 FCC Rcd 605 (Wireline Comp. Bur. 2012); Connect America Fund et al., WC Docket No. 10–90 et al., Fifth Order on Reconsideration, 27 FCC Rcd 14549 (2012); Connect America Fund et al., WC Docket No. 10–90 et al., Order, 28 FCC Rcd 2051 (Wireline Comp. Bur. 2013); Connect America Fund et al., WC Docket No. 10–90 et al., Order, 28 FCC Rcd 7227 (Wireline Comp. Bur. 2013); Connect America Fund, WC Docket No. 10–90, Report and Order, 28 FCC Rcd 7766 (Wireline Comp. Bur. 2013); Connect America Fund, WC Docket No. 10–90, Report and Order, 28 FCC Rcd 7211 (Wireline Comp. Bur. 2013); Connect America Fund, WC Docket No. 10–90, Report and Order, 28 FCC Rcd 10488 (Wireline Comp. Bur. 2013); Connect America Fund et al., WC Docket No. 10–90 et al., Report and Order, Order and Order on Reconsideration and Further Notice of Proposed Rulemaking, 31 FCC Rcd 3087 (2016); Connect America Fund et al., WC Docket Nos. 10–90, 16–271; WT Docket No. 10–208, Report and Order and Further Notice of Proposed Rulemaking, 31 FCC Rcd 10139 (2016); E:\FR\FM\20FEN1.SGM 20FEN1

Agencies

[Federal Register Volume 84, Number 34 (Wednesday, February 20, 2019)]
[Notices]
[Pages 5080-5082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02776]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-1151]


Information Collection Being Submitted for Review and Approval to 
the Office of Management and Budget

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 (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, 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 March 22, 
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 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 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: 3060-1151.
    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, 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

[[Page 5081]]

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, 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

[[Page 5082]]

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.

Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2019-02776 Filed 2-19-19; 8:45 am]
 BILLING CODE 6712-01-P
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