The California Public Utilities Commission (CPUC) recently opened a proceeding examining the rights of wireless providers, including infrastructure, and the use of utility poles and public rights-of-way, according to BB&K Attorneys at Law. In an uncommon move, CPUC is involving local governments in the process.
This is an opportunity for governments at the local level to weigh in on issues such as safety for public rights-of-way; it will be important for local governments to voice their concerns to CPUC early to ensure their input is taken into consideration.
Currently, in California, CPUC regulates rates, terms, and conditions for attachments to investor-owned utility poles. The main objective of the rulemaking is to consider a wireless industry petition asking that rates for attachments to utility poles be coordinated. At present, wireless providers pay a per-foot fee and CPUC-authorized telephone companies pay a per-pole fee.
Additional considerations by CPUC include which types of companies can deploy small cells, for what purpose, and in what circumstances. The proceeding will also open reevaluation regarding the industry standard, questioning whether the public rights-of-way are the appropriate locations for the deployment of small cells, as well as large-scale facilities used for “radiofrequency transport services,” like Mobilitie’s 120-foot poles with microwave antennas.
The major considerations during the proceeding will revolve around whether urban streetscapes can accommodate more poles, additional pole attachments, and the replacement of existing poles with larger ones.
The reasons for challenging the status quo is for cheaper, faster and more widespread access to public rights-of-way and government-owned vertical infrastructure. The big four wireless service providers and their partners will install millions of small cells on utility poles in the public rights-of-way over the next few years. These companies are pushing for reform at the state level plus with the FCC and state public utilities commissions.
Opening comments and prehearing conference statements are due May 3; reply comments are due May 13. CPUC will then schedule a prehearing conference and if needed, follow up with workshops, additional written comments, briefs, and hearings.
April 25, 2017
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