Pole Attachments and the Public Rights of Way (PROW)
One of the advantages for incumbent broadband providers that want to to reach customers is the ability to easily and inexpensively deploy new fiber cable onto public infrastructure, such as utility poles and underground conduits. The incumbent broadband providers, telephone and cable companies for the most part, are often unwilling to share access to the public rights of way, especially with Internet companies.
The Connecticut State Broadband Office (CSBO) believes that new Internet service providers should enjoy the same access that other telecom providers have to public infrastructure in order to save access expenses and to expedite the building of fiber networks across Connecticut. We believe that with easy pole access, a truly competitive market for fiber-to-the-home (FTTH) networks will cross all the state’s cities and towns.
If the fiber networks are owned by municipalities that have invested in deploying dark fiber, a new Internet service provider can cheaply access the municipality’s existing fiber network and lease a point-to-point connection to its own data center. By lowering the hurdles to pole access and lowering the prices charged for that access, the state and the 169 municipalities will introduce competition into the present duopoly market for broadband Internet access services, and with an “open access” policy of allowing all entrants to access the government-owned fiber network, there will be no discrimination among potential providers.
Related Pages
Background
The CASE report also addressed issues related to pole accessibility. Telecommunication providers often faced difficulties when trying to access poles to update infrastructural related devices to improve and expand networks. As a result, another recommendation focused on creating a streamlined process for pole accessibility.
In 2008, the Department of Public Utilities Control (DPUC) passed the DPUC Review of the State’s Public Utility Service Pole Make-Ready Procedures – Phase I, which established 90-day time interval for utility pole attachments addressing the make ready work time interval. Further the docket final decision established a maximum 45-day interval for the make-ready estimate process and 45 days to complete the work.
Despite the docket decision, telecommunications providers still experienced delays in updating their pole related infrastructure. PURA recognized weaknesses in the process and decided to pursue strategies to mitigate the problem.
Updates
In 2012, PURA convened a working group tasked with studying the feasibility of establishing a single pole administrator and developing ideas for coordination between pole owners and pole users. The working group released its recommendations on September 12, 2014 in the form of a draft report:
* PURA recommends the working group’s decision for Connecticut Light & Power (CLP) and United Illuminating (UI) to be the single pole administrators for their respective service areas.
* The working group recommends that the NOTIFY20 data system be utilized for pole licensing and administration, and is the system is accessible to all pole owners and users.21
Further, the working group identified the following recommendations to increase process efficiencies:
* When the Single Pole Administrator (SPA) becomes aware that a Make-Ready Decision time frame will not be met, it shall notify involved attachers and the Mediation Team to determine the necessary action(s) needed to install the attachment and minimize the delay.
* Only one pole license will be issued upon completion of all make-ready work.
* The SPAs shall record the additional costs incurred when performing their duties so they can be recovered from the appropriate customers. The recovery of additional unreimbursed costs may be proposed in an SPA’s future rate case.
* The SPAs should jointly develop a proposed work plan that identifies their work to coordinate pole replacements during emergency conditions, reduce the number of double poles and conduct shifting projects unrelated to new attachment applications.
In addition to the expected pole administrator changes, in 2013 the General Assembly passed an amendment to the Statute that addressed “municipal gains.” The Statute now states that:
“Use if gain by town, city, borough, fire district or Department of Transportation. Each town, city, borough, fire district or the Department of Transportation shall have the right to occupy and use for any purpose, without payment therefore, one gain upon each public utility pole or in each underground communications duct system installed by a public service company within the limits of any such town, city, borough or district. The location or relocation of any such gain shall be prescribed by the Public Utilities Regulatory Authority. Any such gain shall be reserved for use by the town, city, borough, fire district or the Department of Transportation.”
This Statute in effect now gives municipalities the right to use a part of a pole, or “gain,” located in their jurisdiction for any purpose.
The Statute change, as well as the working group recommendation for a single pole administrator system, will strengthen Connecticut’s ability to expand broadband to all residents and business, and will help position Connecticut as a leader in broadband adoption and accessibility.