Normally the utilities do not own the dirt, they own the poles. So utility ROW access is explicitly called out however that means poles in my view. However, the act makes you a utility so local ROW owners have to give you equal access to the same underground ROWs.
From: Mike Hammett Sent: Thursday, March 12, 2015 7:12 PM To: [email protected] Subject: Re: [AFMUG] Light Reading I was saying that previously if I wanted all that crap (including pole attachment), I could file to be a CLEC to get that. I didn't want all that crap, so I didn't file. I haven't had a chance to read it yet. Is buried ROW access included or just pole attachments? ----- Mike Hammett Intelligent Computing Solutions http://www.ics-il.com -------------------------------------------------------------------------------- From: [email protected] To: [email protected] Sent: Thursday, March 12, 2015 5:08:24 PM Subject: Re: [AFMUG] Light Reading Nope. No CLEC required. You are already a telecommunications provider by virtue of the new net neutrality regulations. All the benefit, none of the calories. From: Mike Hammett Sent: Thursday, March 12, 2015 2:07 PM To: [email protected] Subject: Re: [AFMUG] Light Reading but I get all of the crap of being a CLEC... and more. ----- Mike Hammett Intelligent Computing Solutions http://www.ics-il.com -------------------------------------------------------------------------------- From: "Bruce Robertson" <[email protected]> To: [email protected] Sent: Thursday, March 12, 2015 3:06:10 PM Subject: Re: [AFMUG] Light Reading The point is, now you don't have to go through that hassle. On 03/12/2015 12:45 PM, Mike Hammett wrote: Not that exciting as if I wanted those, I'd just file to be a CLEC. ----- Mike Hammett Intelligent Computing Solutions http://www.ics-il.com ------------------------------------------------------------------------------ From: "Chuck McCown" mailto:[email protected] To: [email protected] Sent: Thursday, March 12, 2015 2:37:47 PM Subject: Re: [AFMUG] Light Reading 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. !DSPAM:2,5501ecfa184921480014006!
