Utility Pole Attachments in the Age of COVID and 5G

September 14, 2020


AGENDA

Monday, September 14, 2020 Central Time

8:45 – 9:00 a.m. :: Log In and Welcome

9:00 a.m. – 4:00 p.m. :: Course Timing

12:00 – 1:00 p.m. :: Lunch Break


Introduction and Course Overview


A New World of Communications and Technology


History of Joint Use and the Regulation of Shared Infrastructure


The Federal Pole Attachment Act and Its Amendments


Federal Regulation of Wireline Pole Attachments


Federal Regulation of Wireless Attachments and Small Cells


Negotiating Pole Attachment Agreements


Industry Trends and Current Issues Roundtable Discussion


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 100 joint use contracts across 10 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 nearly a decade, 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 2018 Third Report and Order, which modified the FCC’s make-ready and rate regulations to further accelerate deployment and bring parity to communications 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


ONLINE DELIVERY

We will be using Microsoft Teams to facilitate your participation in the upcoming event. You do not need to have an existing Teams account in order to participate in the broadcast – the course will play in your browser and you will have the option of using a microphone to speak with the room and ask questions, or type any questions in via the chat window and our on-site representative will relay your question to the instructor.