Maine PUC Member Slams Consolidated as State Adopts New Pole-Attachment Rate Method

“It is natural for an incumbent telecom company -- and it doesn’t matter if they’re large, small or rural -- to protect their existing right-of-way poles and wires,” said Maine PUC Commissioner Bruce Williamson, but Consolidated has poles that are “many decades old and fully depreciated” and it’s “about to sign over all pole maintenance and replacement to an electric utility because of a wish to be out of the pole maintenance and repair business.” For the ILEC to argue its poles are “an essential revenue source and that proposed rates are insufficient to recover costs is a bit ironic,” he said. “If the company actually used those pole-attachment revenues to replace crumbling infrastructure poles, I would not say this, but those revenues go elsewhere in the company rather than updating its pole infrastructure.”

“It strikes me very much as akin to the Terminal Railroad Association case in 1912, and the beginning of the thoughts about essential facilities,” said Williamson, who was an economist at the University of Tennessee and nominated to the commission by former Gov. Paul LePage (R). In that case, the Supreme Court ruled that refusing a competitor access to an essential facility violated antitrust laws.

Consolidated is “disappointed with the decision to decrease the cost recovery by pole owners in Maine,” said Vice President-Regulatory and Public Policy Michael Shultz. He didn’t comment on Williamson’s words.

Using the FCC formula makes it more efficient for Charter Communications "to extend the reach of our network and deliver high speed broadband to more Mainers including those in rural parts of the state," said a Charter spokesperson.

The Vermont PUC should more closely align state make-ready rules with FCC regulations, pole riders said this week in docket 19-02520-RULE. The PUC's proposal includes a one-touch, make-ready option as in FCC regulations (see 1910010040).

Vermont’s proposed rules “are a significant improvement with respect to streamlining and standardizing Vermont's make-ready rules by more closely following the FCC's approach in most respects,” Comcast and Charter commented (login required) Monday. But Vermont should copy the FCC even more closely and require speedier dispute resolution, the cable companies said. One difference is that Vermont's proposed make-ready timelines (60 days) are longer than the FCC requires (30 days), they said.

"Wireless carriers must have self-help remedies, and lists of approved contractors to implement such remedies, for a pole owner’s failure to timely complete survey and make-ready tasks for complex make-ready projects, whether within, above, or below the electric space,” CTIA commented (login required) Tuesday. That’s what the FCC requires, and aligning more closely will better promote broadband deployment, the association said.

Pole replacement “is a pervasive impediment in the make-ready process” that delays broadband, the Vermont Department of Public Service said (login required). Replacement should be classified as complex make-ready work subject to shortened make-ready timeframes and self-help, it said. If the PUC won't qualify it that way, it should adopt an expedited dispute resolution process like at the Maine PUC, in which most disputes would be resolved within seven days and "no later than 30 days."

Proposed rule changes don't adequately address concerns about using poles for wireless small cells, including aesthetics and RF safety, said (login required) Vermonters for a Clean Environment. Don’t allow any small cells until the Legislature takes more testimony and the PUC adjusts its proposed rules to incorporate such issues, it said.