[Federal Register Volume 80, Number 93 (Thursday, May 14, 2015)]
[Proposed Rules]
[Pages 27626-27627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11651]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[WC Docket No. 07-245, GN Docket No. 09-51; DA 15-542]
Parties Asked To Refresh Record Regarding Petition to
Reconsideration Cost Allocators Used To Calculate the Telecom Rate for
Pole Attachments
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Wireline Competition Bureau (Bureau)
seeks to refresh the record on a petition for reconsideration or
clarification filed by the National Cable and Telecommunications
Association (NCTA), COMPTEL, and tw telecom inc. (Petitioners) in the
above-referenced proceedings. Petitioners request that ``the rules be
clarified or amended by specifying [that] the cost allocator to be
applied [will be] based on the number of attaching entities.''
DATES: Comments are due on or before June 4, 2015 and reply comments
are due on or before June 15, 2015.
ADDRESSES: You may submit comments, identified by WC Docket No. 07-245
and GN Docket No. 09-51, by any of the following methods:
Federal Communications Commission's Web site: http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting
comments.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Jonathan Reel, Wireline Competition
Bureau, Competition Policy Division, (202) 418-0637, or send an email
to [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
document in WC Docket No. 07-245, GN Docket Nos. 09-51; DA 15-542
released on May 6, 2015. It is available on the Commission's Web site
at http://www.fcc.gov.
I. Public Notice
1. By this document, the Wireline Competition Bureau (Bureau) seeks
to refresh the record on a petition for reconsideration or
clarification filed by the National Cable and Telecommunications
Association (NCTA), COMPTEL, and tw telecom inc. (Petitioners) on June
8, 2011 in the above-referenced proceedings.
2. With respect to the rule concerning the calculation of pole
attachment rates charged to telecommunications providers pursuant to
section 224(e) of the Communications Act, Petitioners request that
``the rules be clarified or amended by specifying [that] the cost
allocator to be applied [will be] based on the number of attaching
entities.'' In support of this request, Petitioners state that, in the
2011 Pole Attachment Order, ``the new formula adjusts the cost basis to
66 percent in urban service areas and to 44 percent in rural service
areas. When paired with the presumptions that there are five entities
on urban poles and three entities on rural poles, the illustrative
calculation almost exactly equals the cable rate.'' Petitioners assert,
however, that as written the rule may be read to address only the cases
of the presumed three and five attaching entities. Therefore,
Petitioners request that the Commission clarify or expand the telecom
rate formula to ``provide the corresponding cost adjustments scaled to
other entity counts.'' Petitioners request, alternatively, that ``the
Commission could adopt the proposal in the 2010 Pole Attachment FNPRM
to establish the maximum just and reasonable rate as the higher of the
cable rate . . . or the `lower bound' telecom rate obtained by
excluding capital costs from the definition of `cost of providing
space' in the existing telecom rate formula.''
3. A Public Notice released on June 20, 2011 announced the comment
cycle for the Petition. The Commission subsequently published that
document A National Broadband Plan For Our Future; Petition for
Reconsideration, 76 FR 44495, July 26, 2011. The Commission received
comment both for and against the Petition.
4. After the close of the comment cycle concerning the Petition, on
February 26, 2013, the U.S. Court of Appeals for the DC Circuit upheld
the 2011 Pole Attachment Order, including the Commission's rule for
calculating the pole attachment rate for providers of
telecommunications services. Among other things, the Court determined
that the term ``cost,'' as used in section 224(e), is open to a wide
range of reasonable interpretations; that the Commission's methodology
for apportioning ``cost'' among pole attaches for purposes of the
telecom rate is consistent with section 224(e); and that the
Commission's justifications for its decision concerning the telecom
rate were reasonable. In addition, the Commission's 2015 Open Internet
Order discussed the concern raised in the Petition regarding
consequences to the goals of the 2011 Pole Attachment Order if the cost
allocation rule were interpreted to apply fully only in instances where
there are three and five attaching entities. With regard to any
possible adverse effect on investment incentives from such an
interpretation, the Open Internet Order stated that the Commission
would be ``concerned by any potential undermining of the gains the
Commission achieved by revising the pole attachment rates paid by
telecommunications carriers'' in 2011 and accordingly would be
``monitoring marketplace developments . . . and can and will promptly
take further action in that regard if warranted.'' Given the time that
has elapsed since the filing and original comment cycle on the NCTA
Petition, as well as the subsequent events discussed above, we seek to
ensure that the record reflects current viewpoints on the issues raised
in the NCTA Petition.
II. Procedural Matters
A. Accessible Formats
5. To request materials in accessible formats for people with
disabilities (braille, large print, electronic files, audio format),
send an email to [email protected] or call the Consumer & Governmental
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). Contact the
FCC to request reasonable accommodations for filing comments
(accessible format documents, sign language interpreters, CARTS, etc.)
by email: [email protected]; phone: (202) 418-0530 (voice), (202) 418-0432
(TTY).
B. Filing Requirements
6. Ex Parte Rules. This proceeding continues to be treated as a
``permit-but-disclose'' proceeding in accordance with the Commission's
ex parte rules. Persons making ex parte presentations must file a copy
of any written presentation or a memorandum summarizing any oral
presentation within two business days after the presentation (unless a
different deadline applicable to the Sunshine period applies). Persons
making oral ex parte
[[Page 27627]]
presentations are reminded that memoranda summarizing the presentation
must (1) list all persons attending or otherwise participating in the
meeting at which the ex parte presentation was made, and (2) summarize
all data presented and arguments made during the presentation. If the
presentation consisted in whole or in part of the presentation of data
or arguments already reflected in the presenter's written comments,
memoranda or other filings in the proceeding, the presenter may provide
citations to such data or arguments in his or her prior comments,
memoranda, or other filings (specifying the relevant page and/or
paragraph numbers where such data or arguments can be found) in lieu of
summarizing them in the memorandum. Documents shown or given to
Commission staff during ex parte meetings are deemed to be written ex
parte presentations and must be filed consistent with rule 1.1206(b).
In proceedings governed by rule 1.49(f) or for which the Commission has
made available a method of electronic filing, written ex parte
presentations and memoranda summarizing oral ex parte presentations,
and all attachments thereto, must be filed through the electronic
comment filing system available for that proceeding, and must be filed
in their native format (e.g., .doc, .xml, .ppt, searchable .pdf).
Participants in this proceeding should familiarize themselves with the
Commission's ex parte rules.
7. Comment and Reply Comment. Pursuant to sections 1.415 and 1.419
of the Commission's rules, 47 CFR 1.415, 1.419, interested parties may
file comments on or before the date indicated on the first page of this
document. Comments may be filed using the Commission's Electronic
Comment Filing System (ECFS). See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121 (1998).
Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: http://apps.fcc.gov/ecfs/.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing. Because more than one
docket number appears in the caption of this proceeding, filers must
submit two additional copies for each additional docket number.
Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by firstclass or overnight U.S. Postal Service
mail. All filings must be addressed to the Commission's Secretary,
Office of the Secretary, Federal Communications Commission.
All hand-delivered or messenger-delivered paper filings
for the Commission's Secretary must be delivered to FCC Headquarters at
445 12th Street SW., Room TW-A325, Washington, DC 20554. The filing
hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held
together with rubber bands or fasteners. Any envelopes and boxes must
be disposed of before entering the building.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 445 12th Street SW., Washington, DC 20554.
People with Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to [email protected] or call the
Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice) or
(202) 418-0432 (tty).
Federal Communications Commission.
Randy Clarke,
Division Chief, Competition Policy Division, Wireline Competition
Bureau.
[FR Doc. 2015-11651 Filed 5-13-15; 8:45 am]
BILLING CODE 6712-01-P