[Federal Register Volume 85, Number 197 (Friday, October 9, 2020)]
[Rules and Regulations]
[Page 64061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19686]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[WC Docket No. 17-84; WT Docket No. 17-79, FCC 18-111; FRS 17035]


Accelerating Wireline and Wireless Broadband Deployment by 
Removing Barriers to Infrastructure Investment

AGENCY: Federal Communications Commission.

ACTION: Correcting amendment.

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SUMMARY: Revisions to certain of the Federal Communications 
Commission's pole attachment rules were published in the Federal 
Register on September 14, 2018. However, that document incorrectly 
listed a cross-reference in one section of the Commission's rules, and 
this document corrects those final regulations.

DATES: Effective October 9, 2020.

FOR FURTHER INFORMATION CONTACT: Wireline Competition Bureau, 
Competition Policy Division, Michael Ray, at (202) 418-0357, 
[email protected].

SUPPLEMENTARY INFORMATION: The FCC published a rule in the September 
14, 2018 edition of the Federal Register at 83 FR 46812 entitled 
``Accelerating Wireline and Wireless Broadband Deployment by Removing 
Barriers to Infrastructure Investment.'' That rule contained an error 
in a cross-reference in Sec.  1.1413(b). The FCC is publishing this 
correcting amendment to fix the cross-reference to prevent any 
confusion among the regulated community and the general public.

List of Subjects in 47 CFR Part 1

    Administrative practice and procedure, Communications common 
carriers, Pole attachment complaint procedures, Reporting and 
recordkeeping requirements, Telecommunications.

    For the reasons set forth in the preamble, the FCC amends 47 CFR 
part 1 as follows:

PART 1--PRACTICE AND PROCEDURE

0
1. The authority for part 1 continues to read as follows:

    Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461, unless 
otherwise noted.

0
2. Amend Sec.  1.1413 by revising paragraph (b) to read as follows:


Sec.  1.1413  Complaints by incumbent local exchange carriers.

* * * * *
    (b) In complaint proceedings challenging utility pole attachment 
rates, terms, and conditions for pole attachment contracts entered into 
or renewed after the effective date of this section, there is a 
presumption that an incumbent local exchange carrier (or an association 
of incumbent local exchange carriers) is similarly situated to an 
attacher that is a telecommunications carrier (as defined in 47 U.S.C. 
251(a)(5)) or a cable television system providing telecommunications 
services for purposes of obtaining comparable rates, terms, or 
conditions. In such complaint proceedings challenging pole attachment 
rates, there is a presumption that incumbent local exchange carriers 
(or an association of incumbent local exchange carriers) may be charged 
no higher than the rate determined in accordance with Sec.  
1.1406(d)(2). A utility can rebut either or both of the two 
presumptions in this paragraph (b) with clear and convincing evidence 
that the incumbent local exchange carrier receives benefits under its 
pole attachment agreement with a utility that materially advantages the 
incumbent local exchange carrier over other telecommunications carriers 
or cable television systems providing telecommunications services on 
the same poles.

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2020-19686 Filed 10-8-20; 8:45 am]
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