Press Release

PUC Seeks Public Comment on Proposed Rulemaking on Jurisdiction Over Pole Attachments

Published on 7/16/2018

Filed under: Telecommunications

HARRISBURG – The Pennsylvania Public Utility Commission (PUC) has approved a Notice of Proposed Rulemaking requesting comments on a proposed rulemaking to assert the Commission’s jurisdiction over pole attachments and create a forum for dispute resolution.

The Commission voted 5-0 to solicit comments on the Notice of Proposed Rulemaking, which asserts Commission jurisdiction over pole attachments and adopts the Federal Communication Commission’s (FCC) regulations over pole attachments in totality.  Last month the Commission approved a motion by Commissioner Norman J. Kennard to begin a rulemaking.

In a series of statements at the public meeting, Commissioners encouraged concerned parties to comment on numerous issues related to this matter (Chairman Gladys M. Brown statement; Vice Chairman Andrew G. Place statement; Commissioner Norman J. Kennard statement; Commissioner David W. Sweet statement).

Interested parties may submit comments up to 30 days from the date the Notice of Proposed Rulemaking is published in the Pennsylvania Bulletin, and reply comments 15 days thereafter, by providing written comments to the Pennsylvania Public Utility Commission, Attn: Secretary, P.O. Box 3265, Harrisburg, PA  17105-3265.  Comments may also be filed electronically through the PUC’s e-File System.

The 1996 Telecommunications Act established the federal statutory rules for pole attachments, which provides for regulation of pole attachments by the Federal Communications Commission’s (FCC) or, through reverse-preemption, state regulation.  Pole owners and attaching entities fall under either federal regulation by default or state regulation if a state expressly opted out. The Commission has not elected to regulate pole attachments and, thus, jurisdiction still resides at the FCC.  The rulemaking would change that.

The Pennsylvania Public Utility Commission balances the needs of consumers and utilities; ensures safe and reliable utility service at reasonable rates; protects the public interest; educates consumers to make independent and informed utility choices; furthers economic development; and fosters new technologies and competitive markets in an environmentally sound manner.

For recent news releases and video of select Commission proceedings or more information about the PUC, visit our website at www.puc.pa.gov. Follow the PUC on Twitter – @PA_PUC for all things utility.  “Like” Pennsylvania Public Utility Commission on Facebook for easy access to information on utility issues.

 

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Docket No.:  L-2018-3002672

Contact:

• David Hixson
  Deputy Press Secretary
  717-772-2766
  dhixson@pa.gov