[1st-mile-nm] Pole Line Attachment Guide

[John Brown]

My experience with pole owners in larger areas is not the same as Mr.
Badal's  :(
I've spent over $100K in costs trying to get one pole owner to operate
in a reasonable manner (both in terms and in time).
The agreements that have been presented look like very bad cut and
paste hack jobs.

Some pole owners come back and say that this is all new to them and
they are having to work out the agreements,
yet they have had telcom pole attachers for YEARS.

I'd would have rather spent that money bring Fiber to Barelas area of
Albuquerque.....

The City of ABQ could careless, yet it's actually their RoW, but they
aren't interested in having an open and competitive
market place.

At present, our only recourse is to litigate at the FCC or in Federal
Court.  Estimated legal costs exceed $250,000
and time frame is from 18 to 36 months before resolution.

I'd call that a barrier to entry.......

We on this list talk about wanting to see broadband all over.  There
are companies that are new entrants that would
be highly interested in do this, but are bared because of these
extreme regulatory hurdles.

Instead of spending tax payer money on all these studies, and
programs, why not create a rule set that makes it
EASY for all of us telecom's to go about the business of providing
broadband.   Get rid of the stupid rules and put
into place a set of no nonsense and easy to enforce rules that promote
competitive behaviour.


On Mon, Feb 6, 2017 at 8:49 AM, John Badal <JBadal at sacred-wind.com> wrote:
> I feel John Brown's frustration.  We have to deal with the rural electric coops who are even exempted from the FCC's Pole Attachment Order, even more than with municipal owners. The difference we experience from the two is that the municipalities react to attachment requests as if their pole assets can be used as a contribution to broadband expansion while the electric coops see attachments as a revenue generating mechanism and an aged  pole replacement strategy.  Of the 3 coops operating in our service area, two strive to enter the broadband arena themselves and use their pole assets anticompetitively to their advantage.
>
>
>
> -----Original Message-----
> From: 1st-mile-nm [mailto:1st-mile-nm-bounces at mailman.dcn.org] On Behalf Of John Brown
> Sent: Sunday, February 5, 2017 8:59 PM
> To: Richard Lowenberg <rl at 1st-mile.org>
> Cc: 1st-mile Nm <1st-mile-nm at mailman.dcn.org>
> Subject: Re: [1st-mile-nm] Pole Line Attachment Guide
>
> Not sure what point Richard is attempting to make.
>
> All states that presently do not have a State level set of rules fall under the Feds.
>
> This however DOES NOT prevent New Mexico, or any other such state from adopting their own set of rules.
>
> The challenge here in NM, is that pole owners have a history of
>
> a) requiring NDA's and other such agreements to gag new attachers from discussing something that is already open.
> b) not wanting to engage
> c) not willing to present a federally compliant attachment agreement.
> d) not willing to present such agreement in a reasonable period of time
> e) stalling (you could say thats (a) above.
>
> In the end this leaves entrepreneurial businesses / new entrants  with little to no chance of getting on the poles.
> Effectively asserting a monopolistic control over the ability to deploy affordable broadband
>
> On Sun, Feb 5, 2017 at 11:00 AM, Richard Lowenberg <rl at 1st-mile.org> wrote:
>> A subject that keeps coming up on this list.
>> New Mexico is under FCC jurisdiction, as noted in the article.
>> Additional Pole Line attachment resource links are at article end.
>>
>> http://nextcenturycities.org/next-century-cities-guide-to-pole-attachm
>> ents/
>>
>> RL
>>
>>
>> ---------------------------------------------------------------
>> Richard Lowenberg, Executive Director
>> 1st-Mile Institute     505-603-5200
>> Box 8001, Santa Fe, NM 87504,
>> rl at 1st-mile.org     www.1st-mile.org
>> ---------------------------------------------------------------
>>
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