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Energy, Telecommunications and Utilities Law Alert - Pleading Cycle Established for FCC’s Proposed Changes to Pole Attachment Timelines, Processes and Rates

The pleading cycle for the Notice of Proposed Rulemaking, Notice of Inquiry and Request for Comment (FCC 17-37) (NPRM), in which the FCC proposes changes to its pole attachment timelines, processes, rates and complaint procedures, has been established with the publication of the NPRM in the Federal Register. Comments are due on or before June 12, 2017, and reply comments are due on or before July 10, 2017.

Requests for comments broadly include a complete reexamination of existing make-ready procedures and charges, proposed removal of capital expenses from pole attachment rates, and the imposition of a pole attachment shot-clock for complaint resolutions. Also investigated is the appropriate rate for commingled services, including when a cable operator or a telecommunications carrier offers information services as well as cable or telecommunications services over a single attachment. More can be read about the FCC’s proposed changes here.

For more information, please contact Douglas Everette at DEverette@btlaw.com or 317-231-7764 or one of the other attorneys in the firm’s Energy, Telecommunications and Utilities Law Practice: Nick Kile at Nicholas.Kile@btlaw.com or 317-231-7768; Teresa Morton Nyhart at Teresa.Nyhart@btlaw.com or 317-231-7716; Parvin Price at Parvin.Price@btlaw.com or 317-231-7721; Hillary Close at Hillary.Close@btlaw.com or 317-231-7785; Jeffrey Peabody at Jeffrey.Peabody@btlaw.com or 317-231-6465; or Lauren Box at Lauren.Box@btlaw.com or 317-231-7289.

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This Barnes & Thornburg LLP publication should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.

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