By - Jon Brown

Pole Attachments Best Practices
January 27-28, 2020 | Costa Mesa, CA

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Overview

As technology advances and the demand for reliable, faster internet services increases, pole owners and wireless and wireline pole attachers are faced with increasing pressure to deploy the 5th generation network technology on existing poles and infrastructure. With new and evolving FCC regulations, what can the electric utilities, carriers and government organizations expect for the future of pole attachments? Wading through the waters of joint use, pole attachment agreements and small cell deployment can be difficult. Add increasing scrutiny from state and federal regulators, strict timelines, and rental rates, both sides of the industry don’t always know what their best options are, but it doesn’t have to be that way. Not with the OTMR (one-touch make-ready) and other regulatory and technological advancements.

The Trump Administration brought an increased focus on pole attachments and the infrastructure investment needed to close the digital divide and ensure that all Americans enjoy broadband connectivity.  During the first two years of the Administration, the Federal Communications Commission commenced rulemakings intended to further promote broadband deployment on utility poles, established a Broadband Deployment Advisory Committee, issued a decision in the closely-watched as pole attachment complaint proceeding began and successfully defended revisions to its telecom rate methodology on appeal.  Meanwhile, States and local governments nationwide have considered and enacted wireless small cell legislation supporting 5G deployment on utility poles and other structures in the right-of-way.  The Wireless and Wireline Pole Attachments Best Practices Conference will provide attendees with information to help pole owners and attachers understand their rights and responsibilities.

What does all this mean for electric utilities, communications, and cable companies?  These legal developments, policy goals, and emerging industry trends underscore the importance that each involved party understand rapidly changing technology and the regulatory environment. This conference is intended to provide attendees from municipalities, electric utilities and wireless/telecom companies with the knowledge and experience to better understand new regulations, technology, and what to expect in the future. Through technical presentations, open discussion, panels, and case studies, the goal of this conference is to let pole owners and attachers share and hear each other’s experiences. The demand for faster internet access will not decrease, therefore, it is vital for these industries to be prepared and ready to meet the demands of their customers.

Learning Outcomes

  • Discuss the technological advances and current policy objectives that have led to the active federal and state regulatory advancements
  • Review the reach of federal law and its impact on deployment on utility poles and other infrastructure in the right-of-way
  • Compare different states commission plans for pole attachments
  • Discuss how industry trends such as fiber deployment, broadband deployment and small cell attachments are impacting electric utilities and communications companies
  • Discuss the advent of 5G technology and how it impacts pole attachments
  • Discuss pole attachment insurance and indemnification
  • Compare future outlooks of pole attachments from the perspectives of leaders in investor owned utilities, public utilities, cooperatives, and telecommunications companies

Credits

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EUCI has been accredited as an Authorized Provider by the International Association for Continuing Education and Training (IACET).  In obtaining this accreditation, EUCI has demonstrated that it  complies with the ANSI/IACET Standard which is recognized internationally as a standard of good practice. As a result of their Authorized Provider status, EUCI is authorized to offer IACET CEUs for its programs that qualify under the ANSI/IACET Standard.

EUCI is authorized by IACET to offer 0.9 CEUs for this conference, 0.3 CEUs for the pre-conference workshop and 0.4 CEUs for the post conference workshop.

 

Requirements for Successful Completion of Program

Participants must sign in/out each day and be in attendance for the entirety of the conference to be eligible for continuing education credit.

Instructional Methods

PowerPoint presentations, panel discussions and case studies will be used for this conference.

Agenda

Monday, January 27, 2020

12:30 – 1:00 p.m. :: Registration


1:00 – 1:15 p.m. :: Keynote Remarks

Michael Ray, Wireline Competition Bureau – Competition Policy Division, Federal Communication Commission


1:15 – 2:00 p.m. :: Surveying the Telecommunication Regulatory Landscape Part 1: Current Federal Legislation and Litigation

With the ever-changing legal landscape of wireline and wireless pole attachments, it is easy to forget all the laws and regulations that structure the industry. Dive into the history and progression of pole attachment regulation at the federal level, as experts discuss the applicability of the federal Pole Attachment Act, pole owner and attachers’ rights and obligations under the Act, and recent FCC actions including the Third Report Order, the deployment of the one-touch make-ready (OTMR) regime and the 5G Fast Plan.  The Telecommunication Regulatory Landscape Part 1 presentation will also review important legal topics such as the requirements for requesting entities to replace the streetlight and how much time pole owners can expend to evaluate the request on a per pole basis. This presentation will provide a high-level overview of recent FCC decisions impacting the fee formulas and discuss their effect on rate negotiations with entities that are, and are not, covered by the Federal Pole Attachment Act.

Chris Huther, Partner, Wiley Rein


2:00 – 2:45 p.m. :: Surveying the Telecommunication Regulatory Landscape Part 2: State and Municipal Jurisdictions

States and local governments nationwide have considered and enacted specific regulations regarding wireless small cell legislation supporting 5G deployment on utility poles and other structures in the right-of-way. This presentation will discuss collaboration with local government, moving away from FCC regulation, flat rate billing structures, range of design options, third party program managers and demonstration sites. Variations of the third-party attachment processes around the country will be briefly explained and followed with an emphasis on the importance of wire and equipment clearances and the make ready process.

Claire Evans, Partner Wiley Rein

2:45 – 3:00 p.m. :: Afternoon Break


3:00 – 3:30 p.m. :: Advantageous Co-locating: The Economic Benefits of Pole Attachments 

Communication advancements can improve economic development of communities, both metropolitan and rural. This session will review the implementation of wireline and wireless pole attachments to advance telemedicine, smart agriculture, remote learning as well as the process of bringing fiber to the home to bridge the digital divide. This presentation will provide an overview of emerging colocation trends for current network densification projects, grid modernization, wireless at the pole top, developing 5G deployments and major site selection drivers and attractions for businesses into communities such as political, regulatory, financial.

Carrie Kelly, Project Manager, Southern Company


3:30 – 4:30 p.m. :: Facing the Future: The Next Generation Network

What are the opportunities, the synergies, and the challenges of expanding communication networks beyond the traditional use case to support the needs of communities? Pole owners and attachers are at the forefront of the race to 5G and smart cities, smart street furniture, electric and self-driving vehicles quickly becoming an economic necessity.

Across the globe, cities are increasingly looking towards technology to improve essential communications, efficiently deliver community services, reduce carbon footprint, and attract investment. Smart technology and the network needed to support it requires a collaborative effort from local jurisdictions, utility infrastructure owners, citizen and business groups. Given the multitude of stakeholders involved, no single player can act alone.  This session attempts to identify partnership opportunities, address stakeholder concerns, anticipate future technology requirements, and establish best practices for future communication technology. 

Yenal Kucuker, Project Manager, Network Real Estate – Regulatory, Verizon Wireless


Tuesday, January 28, 2020

8:00 – 8:30 a.m. :: Continental Breakfast


8:30 – 9:30 a.m. :: Panel Discussion: Carrier, Utility and Government Collaborative Partnerships

This panel presentation will discuss experiences working with utilities and carriers, within jurisdictions, and how that communication leads to agreements. The key is collaboration and seeing each other’s pain points, working to produce the least intrusive and most efficient arrangement for both parties. Pole owners and pole attachers must collaborate to implement flat rate billing structures, range of design options, third party program managers and demonstration sites. This discussion looks to define the best means of communication between government, carrier companies, and the utilities as more collaboration crosses the industry.

Moderator:

Chris Huther, Partner Wiley Rein

Panelists:

Sonny Nunez, Manager – Utility Relations, Crown Castle

Allison Ragsdale, Joint Use Manager, Middle Tennessee EMC

Greg Walters, Team Lead-Electric Distribution Standards and Work Methods, San Diego Gas & Electric


9:30 – 10:15 a.m. :: Case Study: Joint Use Contracts and Management

As part of that effort, the FCC’s Broadband Deployment Advisory Committee (BDAC) is providing recommendations to streamline the pole attachment process. Simultaneously, to support the upcoming deployment of 5G wireless networks, state legislatures across the country are considering legislation to pre-empt municipal control over small cell wireless attachments, with at least 8 states having passed new laws. While these changes will impact pole-owners’ and attachers’ Joint-Use and Pole Attachment processes in ways large and small, some fundamental truths of the pole attachment process remain.

Edward P. Bieging Jr, Consultant Facility Attachments, Xcel Energy

10:15 – 10:30 a.m. :: Morning Break             


10:30 – 11:15 a.m. :: Asset Management: Inventorying Pole Attachments

The Distribution System is vastly becoming the hub of the grid as energy generation and management surges at the edge.  Utilities quick to view the grid holistically and dynamic, versus separate and reactionary will be faster to adapt to the coming distributed energy marketplace. Approaching pole attachments unilaterally without considering the distribution assets role in the overall ecosystem will ultimately lead to missed opportunities.

This presentation talks about poles fundamental role in grid modernization, and shows how, with the right tools, your pole attachment program can be the starting point for whole-systems modernization and drive a unified asset performance management system centered on the capture, presentation, and access of quality data. Also, insurance and indemnification provisos are increasingly becoming subject to intense negotiations between pole owners and attachers as new types of equipment and facilities are being attached to traditional poles and other structures.

Elin Katz, General Counsel, Tilson Tech


11:15 a.m. – 12:00 p.m. :: Mitigating Risks and Challenges with Wireless and Wireline Attachments

This panel discussion will seek to expose the most common challenges facing pole attachers, pole owners and third-party vendors such as attachment equipment and application costs, network consistency and reliability, supply chain, network design and excess infrastructure, and common-mode failure points.

Moderator:

Sean Knowles, VP Business Development, McLean Engineering

Panelists:

Erin Laudenslager, Manager, Pennsylvania Public Utility Commission

Catherine Babakhanlou, Dual Pole Management, City of Glendale, Southern California     Joint Use Committee

Rachel Lewis, Joint Pole Associate, AT&T California

12:00 – 1:00 p.m. :: Group Luncheon


1:00 – 1:45 p.m. :: Federal Preemption of Municipal Authority Regarding Small Cell Siting

With the stroke of a pen, the FCC granted wireless providers direct access to municipal rights-of-way (ROW) and city-owned poles located therein for the installation of small cell equipment.  The FCC imposed “shot clock” deadlines for reviewing small cell applications and below market-based rates for the use of local property.  Cities may establish technical standards to protect (a) the reliability of municipal operational system; (b) the flow of vehicular and pedestrian traffic; (c) the safety of city employees and the public; and (d) the aesthetics of historic districts and architectural or design elements unique to the community; provided such protections are in writing, reasonable, and non-discriminatory. This session will address how cities and municipally owned utilities may establish pole attachment and design standards to protect local interests, while complying with the new federal requirements.

Gabriel Garcia, Director & Senior Counsel, Legal Services, CPS Energy


1:45 – 2:30 p.m. :: Wireline Attachments and Legacy Networks

With all the talk regarding 5G and small cells, what does the future hold for legacy networks? This presentation will discuss the evolution of wireline service and how it will be impacted by the retreat of the copper network.

Michael Ray, Wireline Competition Bureau – Competition Policy Division, Federal Communication Commission

2:30 – 2:45 p.m. :: Afternoon Break


2:45– 3:15 p.m. :: The Role of Fiber and Broadband the Pole Attachment Process

This presentation will discuss advocates’ increasing focus on pole attachment reform as a means to promote broadband deployment, in particular at the state and local level in jurisdictions that have opted to exercise their reverse preemption rights.  Specific areas of focus will include one touch make ready proposals and assertion of pole access rights by municipalities seeking to deploy broadband. The speaker will describe recent efforts in various jurisdictions in which such reform efforts led to constructive collaboration between diverse stakeholders and concrete improvements in pole attachment practices.

Dale Fox, Director of Partnership Development, Kansas City Digital Drive


3:15 – 4:00 p.m. :: Correcting Past Pole Attachment Issues and Preparing for the Deployment Future Technology

Owners and attachers must be aware of pole attachment inventories, cost-sharing, and prorated billing. Making improvements to an existing network can be difficult as the implementation of Database applications, drones, GIS mapping, and AI alternatives becomes necessary. This presentation will discuss how NESC and GO 95 clearance requirements, violations, and remedies effect pole ownership objectives and attachment processes.

Sean Knowles, VP Business Development, McLean Engineering


 4:00 p.m. :: Wrap Up and Adjourn

Workshops

Pre-Conference Workshop

Post Conference Workshop


Joint Use Management

Monday, January 27, 2020

Overview

Throughout its first year under new Chairman Ajit Pai, The Federal Communications Commission (FCC) has been working to encourage broadband deployment.  As part of that effort, the FCC’s Broadband Deployment Advisory Committee (BDAC) is providing recommendations to streamline the pole attachment process. Simultaneously, to support the upcoming deployment of 5G wireless networks, state legislatures across the country are considering legislation to pre-empt municipal control over small cell wireless attachments, with at least 8 states having passed new laws.  While these changes will impact pole-owners’ and attachers’ Joint-Use and Pole Attachment processes in ways large and small, some fundamental truths of the pole attachment process remain.

Learning Outcomes

  • Review common joint use contract provisions and their practical implications
  • Demonstrate how to calculate the FCC Maximum Allowable Rate for pole attachments
  • Explain the rights and obligations of utilities and joint-users/attachers on new and existing joint use poles
  • Review NJUNS and the transfer process
  • Analyze effective strategies for working with attachers and joint-users to correct past mistakes and issues

 

Agenda

7:30 – 8:00 a.m. :: Registration & Continental Breakfast

8:00 a.m. – 12:00 p.m. :: Workshop Timing


Introduction and Pole Attachment Overview


Industry Trends

  • FCC/Regulatory Update
  • BDAC Recommendations
  • Small Cell Wireless Siting Legislation

Pole Attachment Agreements

  • Review of Common Contract Provisions and Fees
  • Administering Existing and “Predecessor” Agreements
  • Negotiating New Agreements
  • Wireless Contract Addenda to Comply with New Laws

New Joint Use – The Essentials to Ensure Proper Attachments

  • The Permit Process and Timeline “Shot-Clock”
  • Make-Ready

Existing Joint Use – Modifications and Transfers

  • Transfer Software Options, Tips and Tricks
  • Late transfers and Pole Ownership transfers
  • Modifying Existing Joint Use Poles

Correcting Past Issues

  • Pole Attachment Inventories
  • NESC Clearance Requirements, Violations and Remedies
  • Pole Ownership
  • Stranded Assets

Attachment Cost Calculations

  • FCC Maximum Allowable Rate Calculation Example
  • Alternative Methods and Sample Rates
  • Wireless Attachment Rates in Small Cell Legislation

 

Workshop Instructor

Sean Knowles, Principal, Pole Attachment Services/VP, Business Development, McLean Engineering

Sean Knowles joined McLean Engineering in 2009.  Over the past ten years, McLean has grown its distribution engineering, inspection and pole attachment practice to include investor-owned utility, electric cooperative, and municipal utility clients across the US.  Sean’s primary responsibilities related to pole attachments include project development, overall project management and project payback, as well as pole attachment contract development, pole attachment rental rate calculation and contract advisement and negotiation.  Sean has written, spoken and taught on pole attachment topics throughout the country.

Prior to coming to McLean Engineering, Sean earned a Master of Business Administration from Duke University, where he ran the Duke Start-up Challenge business plan competition.  Prior to Duke, Sean worked for six years in the United States Senate, the last four of which he spent as a staff member of the Senate Appropriations Committee, during which time he negotiated eight public laws allocating military spending, traveled to 13 countries conducting project oversight, analyzed over 2,000 construction projects and allocated over $50 billion in funding for the Department of Defense (DOD).  Sean’s experience during his tenure on the Appropriations Committee included oversight of the DOD’s utilities privatization program.  Prior to his work in the Senate, Sean earned a Bachelor of Business Administration in Finance from Texas Tech University.


Constructing and Negotiating Joint Use Agreements and License Agreements

Wednesday, January 29, 2020

Overview

New and existing joint use agreements and joint use licenses have their own legal language of definitions and specifications used for establishing and modifying attachments to poles and the maintenance of the poles and other existing infrastructure. This workshop will review best practices for constructing, negotiating and enforcing Joint Use Agreements and License Agreements. The instructors will review important pole attachment agreement clauses such as safety inspections and attachment audits, especially inventory, safety and compliance audits, contract review and renewal policies, and unauthorized attachment fees and the associated safety issues. Attendees will learn when and how to charge subcontractors, create “bonus” incentives for attachers, renegotiate existing and outdated joint use agreements.

Learning Outcomes

  • Examine the rights and obligations of utilities and joint-users/third-party attachers on new and existing utility pole infrastructure in various jurisdictions
  • Review common joint use and pole attachment license agreement provisions and their practical implications
  • Formulate effective strategies for pole owners, attachers and joint-users to correct past mistakes and prepare for future attachments

Agenda

8:30 – 9:00 a.m. :: Registration & Continental Breakfast

9:00 a.m. – 12:00 p.m. :: Workshop Timing

  • Standard terms and conditions
  • Issues with vintage agreements
  • Negotiating amendments or new agreements
    • Publication of template license agreements
    • Best Practices for Managing Joint Use and License Agreements
  • The permitting process
  • Make-ready
  • Special cases: guys/anchors/risers/pedestals
  • Transfer software options, tips and tricks
    • Late transfers and pole ownership transfers
  • Modifying existing joint use poles – What is billable?

 

Workshop Instructors

Chris Huther, Partner, Wiley Rein

For two decades, Chris has successfully represented communications companies in negotiations, litigations, and regulatory proceedings involving infrastructure, rate, and utility pole issues.  He is recognized as an authority on joint use issues and has been named a “recommended lawyer” by The Legal 500

In recent years, Chris has negotiated settlement, joint use, and pole attachment agreements with investor-owned utilities, electric cooperatives, and municipal utilities, mediated and arbitrated disputes over the terms of existing joint use and pole attachment agreements, supported broadband deployment efforts nationwide, through counseling, negotiations, and litigation, served as lead counsel for telecommunications companies in Pole Attachment Complaint proceedings before the Federal Communications Commission’s Enforcement Bureau, and defended telecommunications companies in litigation filed in Florida, Massachusetts, North Carolina, Ohio, Oregon, Pennsylvania, Texas, Virginia, and West Virginia over the rates, terms, and conditions of joint use and pole attachment agreements.


Claire Evans, Partner Wiley Rein

Claire has worked closely on all types of pole attachment and infrastructure matters, including the first Pole Attachment Complaint filed by an ILEC after the FCC issued its 2011 Pole Attachment Order.  More recently, Claire represented communications companies in their support of the FCC’s 2015 Order on Reconsideration, which modified the FCC rate formulas to bring parity to telecommunications company and cable company attachers.

Before joining Wiley Rein, Claire obtained significant “inside” experience at all levels of the judicial system, having served as a law clerk at the U.S. Supreme Court, Court of Appeals, and District Court.  Claire has also been named a “recommended lawyer” by The Legal 500. 

Speakers

  • Catherine Babakhanlou, Dual Pole Management, City of Glendale, Southern California Joint Use Committee
  • Edward P. Bieging Jr, Consultant Facility Attachments, Xcel Energy
  • Claire Evans, Partner, Wiley Rein LLP
  • Dale Fox, Director of Partnership Development, Kansas City Digital Drive
  • Gabriel Garcia, Director & Senior Counsel, Legal Services, CPS Energy
  • Chris Huther, Partner, Wiley Rein LLP
  • Elin Katz, General Counsel, Tilson Tech
  • Carrie Kelly, Project Manager, Southern Company
  • Sean Knowles, VP Business Development, McLean Engineering
  • Yenal Kucuker, Project Manager, Network Real Estate – Regulatory, Verizon Wireless
  • Erin Laudenslager, Manager, Pennsylvania Public Utility Commission
  • Rachel Lewis, Joint Pole Associate, AT&T California
  • Sonny Nunez, Manager – Utility Relations, Crown Castle
  • Allison Ragsdale, Joint Use Manager, Middle Tennessee EMC
  • Greg Walters, Team Lead-Electric Distribution Standards and Work Methods, San Diego Gas & Electric

Location

Costa Mesa Marriott

500 Anton Blvd

Costa Mesa, CA 92626

Reserve your room:

please call 1-714-957-1100

Click here to book online.

Room Block Reserved For:

Nights of January 26 – 28, 2020

Room rate through EUCI:

$179.00 single or double plus applicable taxes
Make your reservations prior to December 26, 2019.

Venue Information

Getting to and from the hotel

Dining options

Register

Please Note: Confirmed speakers do not need to register and are encouraged to participate in all sessions of the event. If you are a speaker and have any questions please contact our offices at 1.303.770.8800

EventEarly Bird Before
Friday, January 10, 2020
Standard RateAttendees
Pole Attachments Best PracticesUS $ 1195.00 US $ 1395.00

This event has the following workshops:

Joint Use ManagementUS $ 495.00
US $ 595.00
Constructing and Negotiating Joint Use Agreements and License AgreementsUS $ 495.00
US $ 595.00

*Please note: all attendees of the conference will receive a link to downlaod all presentations that are made available by the presenters. If you cannot attend the conference but would still like a copy of these materials, please consider purchasing the proceedings package listed below

I cannot attend but would like a copy of the proceedings

Proceedings package US $ 495.00

Take advantage of these discounts!

  • Attend the Conference and both workshops and pay US $ 1,995.00 per attendee (save US $ 190.00 each)
  • Attend the Conference and any 1 workshop and save US $ 95.00 per attendee

Register 3 Send 4th Free!

Any organization wishing to send multiple attendees to these conferences may send 1 FREE for every 3 delegates registered. Please note that all registrations must be made at the same time to qualify.

Cancellation Policy

Your registration may be transferred to a member of your organization up to 24 hours in advance of the event. Cancellations must be received on or before December 27, 2019 in order to be refunded and will be subject to a US $195.00 processing fee per registrant. No refunds will be made after this date. Cancellations received after this date will create a credit of the tuition (less processing fee) good toward any other EUCI event. This credit will be good for six months from the cancellation date. In the event of non-attendance, all registration fees will be forfeited. In case of conference cancellation, EUCIs liability is limited to refund of the event registration fee only. For more information regarding administrative policies, such as complaints and refunds, please contact our offices at 303-770-8800

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