The FCC’s modification to the telecommunications carrier pole attachment rate formula have been published in the Federal Register and are set to take effect on March 4, 2016. As we reported in December, the FCC issued an Order on Reconsideration modifying the cost allocators to bring parity between the telecommunications and cable attacher rates. The initial Federal Register publication noted an April 1 effective date, but discussions with FCC staff confirmed that March 4th should be the correct effective date and that the FCC will be issuing an erratum.
Now that the effective date is set, questions may be raised in discussions between attachers and pole owners as to the proper effect of the revised formulas on rates that will be or have already been assessed in calendar year 2016. Resolution of any such questions will turn on a variety of factors including, among others, the pertinent provisions of the parties’ existing agreements.
For more information about these rule updates, please read our advisory.