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 PUBLIC  NOTICE  Federal  Communications  Commission  445  12  th  St.,  S.  W.  Washington,  D.  C.  20554  News  Media  Information  202  /  418-  0500  Internet:  http://  www.  fcc.  gov  TTY:  1-  888-  835-  5322 
 DA  04-  4046 
 Released:  December  23,  2004 


 WIRELESS  TELECOMMUNICATIONS  BUREAU  REMINDS  UTILITY  POLE  OWNERS  OF  THEIR  OBLIGATIONS  TO  PROVIDE  WIRELESS  TELECOMMUNICATIONS 
 PROVIDERS  WITH  ACCESS  TO  UTILITY  POLES  AT  REASONABLE  RATES 
 The  Wireless  Telecommunications  Bureau  reiterates  the  obligation  to  provide  wireless  telecommunications  providers  with  access  to  utility  poles  at  reasonable  rates  pursuant  to  section  224  of 
 the  Communications  Act,  47  U.  S.  C.  §  224.  In  Implementation  of  Section  703(  e)  of  the  Telecommunications  Act  of  1996;  Amendment  of  the  Commission’s  Rule  and  Policies  Governing  Pole 
 Attachments,  Report  and  Order,  13  FCC  Rcd  6777,  6798-  99  ¶¶  39-  41  (1998),  the  Commission  determined  that  wireless  telecommunications  providers  are  entitled  to  the  benefits  and  protections  of 
 section  224  for  the  attachment  to  utility  poles  of  antennas  or  antenna  clusters  and  associated  equipment.  The  Supreme  Court  affirmed  this  determination  in  National  Cable  Telecommunications  Ass’n  v.  Gulf 
 Power  Co.,  534  U.  S.  327  (2002).  Providing  wireless  carriers  with  access  to  existing  utility  poles  facilitates  the  deployment  of  cell  sites  to  improve  the  coverage  and  reliability  of  their  wireless  networks  in 
 a  cost-  efficient  and  environmentally  friendly  manner.  Such  deployment  will  promote  public  safety,  enable  wireless  carriers  to  better  provide  telecommunications  and  broadband  services,  and  increase 
 competition  and  consumer  welfare  in  these  markets. 
 Recently,  wireless  carriers  have  alleged  that  they  have  been  denied  access  to  utility  poles  for  the  placement  of  wireless  antennas  on  pole  tops.  While  we  take  no  position  on  the  merits  of  any  individual 
 case,  we  take  this  opportunity  to  reiterate  that  the  Commission  declined,  in  Implementation  of  the  Local  Competition  Provisions  in  the  Telecommunications  Act  of  1996;  Interconnection  Between  Local 
 Exchange  Carriers  and  Commercial  Mobile  Radio  Service  Providers,  Order  on  Reconsideration,  14  FCC  Rcd  18049,  18074  ¶  72  (1999),  to  establish  a  presumption  that  space  above  what  has  traditionally  been 
 referred  to  as  "communications  space"  on  a  pole  may  be  reserved  for  utility  use  only.  Thus,  the  only  recognized  limits  to  access  for  antenna  placement  by  wireless  telecommunications  carriers  are  those 
 contained  in  the  statute:  "where  there  is  insufficient  capacity,  or  for  reasons  of  safety,  reliability,  and  generally  applicable  engineering  purposes."  47  U.  S.  C.  §  224(  f)(  2). 


 In  addition,  section  224  and  the  Commission’s  rules  do  not  allow  pole  access  fees  to  be  levied  against  wireless  carriers  in  addition  to  the  statutory  pole  rental  rate,  which  is  based  on  the  space  occupied 
 by  the  attachment  and  the  number  of  attaching  entities  on  the  pole,  together  with  reasonable  make-  ready  fees.  Such  overcharges  or  denial  of  access  for  wireless  pole  attachments  may  have  serious 
 anticompetitive  effects  on  telecommunications  competition.  Wireless  telecommunications  providers  are  encouraged  to  bring  such  matters  to  the  attention  of  the  Commission  or  the  appropriate  state  regulatory 
 authorities  that  have  asserted  jurisdiction  over  pole  attachments. 
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 For  further  information  contact:  Wireless  Telecommunications  Bureau,  Aaron  Goldschmidt  at  (202)  418-  7146;  Media  Bureau,  Katie  Costello  at  (202)  418-  2233;  Enforcement  Bureau,  Jonathan  Reel  at 
 (202)  418-  7330. 
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