By - Jon Brown

Utility Pole Attachments: Understanding New FCC Regulations and Joint Use Management
June 12-13, 2019 | Denver, CO

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Overview

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 Verizon v. Dominion pole attachment complaint proceeding 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.  2019 promises 5G rollout and significant state and federal developments impacting shared infrastructure. 

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 pole owner and attacher understand rapidly changing technology and the regulatory environment.  This program will provide attendees with information to help pole owners and attachers understand their rights and responsibilities so they can effectively administer pole attachment agreements in compliance with the law and revise or replace those agreements when necessary or advisable.

Learning Outcomes

This program is designed for attendees to:

  • Review the history and future of joint use and shared infrastructure and the technological advances and current policy objectives that have led to the active regulatory environment
  • Appreciate how industry trends such as fiber and 5G wireless deployment are impacting pole owners and attachers
  • Review the reach of federal law and its impact on deployment on utility poles and other infrastructure in the right-of-way
  • 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
  • Calculate the FCC maximum allowable rate for wireline and wireless pole attachments
  • Formulate effective strategies for working with attachers and joint-users to correct past mistakes and prepare for future attachments
  • Examine NESC issues related to pole attachments
  • Discuss the business case for an effective pole inspection program

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 1.0 CEUs for this event.

 

Requirements for Successful Completion of Program

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

Instructional Methods

Power point presentation, open discussion

Agenda

Wednesday, June 12, 2019

9:00 – 9:30 a.m. :: Registration and Continental Breakfast

9:30 a.m. – 5:00 p.m. :: Course Timing

12:00 – 1:00 p.m. :: Group Luncheon


Introduction and Conference Overview


Promoting Broadband: What is 5G and How Will Its Deployment Impact Existing Networks?

  • How is 5G different and what will it offer?
  • How will it be deployed?
  • How will it impact and transform the existing wireline network?

History of Joint Use and the Regulation of Shared Infrastructure

  • Electric power, wireline telephone, cable television, wireless service, 5G
  • Federal policy objectives

The Federal Pole Attachment Act and Its Amendments

  • State vs. Federal regulation
  • Investor-owned utilities vs. electric cooperatives and municipal utilities
  • Other federal statutes relevant to deployment in the right-of-way

Federal Regulation of Wireline Pole Attachments

  • FCC rental rate formulas
  • Access requirements

Federal Regulation of Wireless Attachments and Small Cells

  • Federal vs. State and local regulation
  • FCC rental rate formula
  • Pole-top access requirement

Recent FCC Proceedings and Related Issues

  • One-touch make-ready, complex make-ready, make-ready design requirements, make-ready timelines
  • Approved contractor lists and managing contractor quality
  • Overlashing and strand mounting
  • ILEC pole attachment rental rates
  • Fees for use of the rights-of-way
  • Status of pending appeals

Joint Use Agreements and License Agreements

  • Standard terms and conditions
  • Issues with vintage agreements
  • Negotiating amendments or new agreements
  • Publication of template license agreements

Thursday, June 13, 2019

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

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


Best Practices for Managing Joint Use Agreements 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?

Correcting Past Issues and Preparing for the Future

  • Pole attachment inventories, cost-sharing, and prorated billing
  • NESC clearance requirements, violations, and remedies
  • Pole ownership objectives
  • Stranded assets
  • Database applications, drones, GIS mapping, and AI alternatives

Industry Trends, Predictions, and Questions

Instructors

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

Sean Knowles joined McLean Engineering in 2009.  Over the past eight 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.


Chad David, Director, Joint Use and Pole Attachment Services, McLean Engineering

Chad manages day-to-day implementation of client pole attachment agreements for electric utility clients.  This includes managing over 80 joint use contracts across 5 states.  His responsibilities include management of the permitting process from beginning to completion, including costing, make-ready, and inspection, to ensure utilities recover costs; administration of foreign attachment transfers and left-in-place poles; National Joint Use Notification System (NJUNS) set up and training; assistance with management of attachment transfers; resolution of issues with “non-performing” attachers and code violations; and annual billing for attachers and joint users.  Chad rose quickly through the ranks at McLean, beginning as a field inspector and working as a GIS analyst, giving him an end-to-end understanding of the pole attachment process.

Prior to his work at McLean Engineering, Chad worked in the insurance industry, where he developed financial analytical skills, and as a Forester for the Georgia Forestry Commission, where he developed technical GIS skills.


Chris Huther, Partner, Wiley Rein LLP

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 LLP

For the past five years, Claire has worked closely with Chris on all 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

Location

EUCI Office Building Conference Center

4601 DTC Blvd, B-100

Denver CO, 80237

 

Suggested Hotel

Hyatt Place Denver Tech Center
8300 E. Crescent Parkway
Greenwood Village, CO 80111
0.9 miles away
Nightly Rate for EUCI Attendees: $168.00 (Hot Breakfast included and Free Shuttle to and from EUCI)

Click on the following booking link: Hyatt Place Denver Tech Center – EUCI and use Group Code: EUCI or

Call Central Reservations at 888-492-8847 and ask for the EUCI rate of $168 under the corporate/group code EUCI

Other Nearby Hotels

Hyatt Regency Denver Tech Center
7800 E Tufts Ave
Denver, CO 80237
Phone: 303-779-1234
0.3 miles away

Hilton Garden Inn Denver Tech Center
7675 E Union Ave
Denver, CO 80237
Phone: 303-770-4200
0.6 miles away

Denver Marriott Tech Center
4900 S Syracuse St
Denver, CO 80237
Phone: 303-779-1100
0.7 miles away

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, May 24, 2019
Standard RateAttendees
Utility Pole Attachments: Understanding New FCC Regulations and Joint Use ManagementUS $ 1195.00US $ 1395.00

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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 May 10, 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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