[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