1. JOINT USE 101: Past, Present & Future Southwest Electric Distribution Exchange Horseshoe Bay, Texas May 4, Eric Langley

2. What is Joint Use ? Broad Definition Specific Definition
Any entity using a pole owned by another party
Specific Definition
The pole sharing relationship between an electric utility and an incumbent telephone company

3. Genesis of “Mom & Pop” CATV 1978 Pole Attachments Act
In the beginning…
Two Party System
Electric & Telephone
Genesis of “Mom & Pop” CATV
1978 Pole Attachments Act
Protect “Mom & Pop” from big monopolies
CATV only
No access rights
Gave FCC jurisdiction to ensure “just and reasonable” rates, terms and conditions EXCEPT where the state regulates
Excluded co-ops and munis

4. “Certified” States Alaska Massachusetts Arkansas Michigan California
New Hampshire
Connecticut
New Jersey
Delaware
New York
District of Columbia
Ohio
Idaho
Oregon
Illinois
Utah
Kentucky
Vermont
Louisiana
Washington
Maine

5. 1996 Amendments to Pole Attachments Act
Telecommunications Act of 1996
Part of broader telecom reform
Why? CLECs/Competition
Major changes
Telecommunications carriers
Access rights
New rate structure
Excluded ILECs…or maybe not?

6. State Regulation Typically with state PSC/PUC Who does it cover? Rates
Access
Deference to FCC? Varies from state to state
Who does it cover?
Varies from state to state

7. Contracts/Tariffs Joint use agreements v. pole license agreements
Key provisions:
Access procedures
Transfers
Rate
Indemnity
Insurance
Bond

8. State Level Small Cell Legislation
Origin
Objectives
Status
Consequences

9. Recent FCC Notice of Proposed Rulemaking
Rate objectives
Telecom Rate
ILEC Rates
Make-Ready Costs
Make-Ready Process
One-touch make-ready
Accelerated timeline
Enhanced self help remedy
Status

10. Wireless Attachments Types of Attachments: Major Issues: Wi-Fi
Distributed Antenna Systems (“DAS”)
Small Cell
Major Issues:
What poles?
Where on poles?
What price?

11. Issues on the Horizon Wireless Boom New Fiber Deployments Streetlights
Legislative Activity

12. QUESTIONS ?
Eric Langley