Y’all now have the rights to pole contacts and rights of way. Even though it says ROWs controlled by a utility, I am pretty sure that public entities cannot discriminate against all you telecommunications providers and have to treat you equal to the others. Just cite “network neutrality” rules if they balk.
56. Section 224: Ensuring Infrastructure Access. For broadband Internet access service, we do not forbear from section 224 and the Commission’s associated procedural rules (to the extent they apply to telecommunications carriers and services and are, thus, within the Commission’s forbearance authority).53 Section 224 of the Act governs the Commission’s regulation of pole attachments. In particular, section 224(f)(1) requires utilities to provide cable system operators and telecommunications carriers the right of “nondiscriminatory access to any pole, duct, conduit, or right-of-way owned or controlled” by a utility.54 Access to poles and other infrastructure is crucial to the efficient deployment of communications networks including, and perhaps especially, new entrants.
