FCC Web Documents citing 1.1414

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-653A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-653A1.pdf
  • that this notice includes the state of Ohio, which was mistakenly omitted from the list of certifying states. The state of New Hampshire certifies that it has issued and made effective rules and regulations implementing its regulatory authority over pole attachments, including a specific methodology for such regulation which has been made publicly available in the state. Pursuant to Section 1.1414(b) of the Commission's rules on pole attachments, the Commission gives public notice of receipt of New Hampshire's certification. Certification by a state preempts the Commission from accepting pole attachment complaints under Subpart J of Part 1 of the Rules. Also pursuant to Section 1.1414(b), the Commission compiles and publishes from time to time a listing of states which have provided
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-893A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-893A1.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit CC 09-xxx STATES THAT HAVE CERTIFIED THAT THEY REGULATE POLE ATTACHMENTS WC Docket No. 10-101 The state of Arkansas certifies that it has issued and made effective rules and regulations implementing its regulatory authority over pole attachments, including a specific methodology for such regulation which has been made publicly available in the state. Pursuant to Section 1.1414(b) of the Commission's rules on pole attachments, the Commission gives public notice of receipt of Arkansas's certification. Certification by a state preempts the Commission from accepting pole attachment complaints under Subpart J of Part 1 of the Rules. Also pursuant to Section 1.1414(b), the Commission compiles and publishes from time to time a listing of states which have provided certification.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-450A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-450A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-450A1.txt
  • 22, 2008 NEW HAMPSHIRE JOINS STATES THAT HAVE CERTIFIED THAT THEY REGULATE POLE ATTACHMENTS WC Docket No. 07-245 The state of New Hampshire certifies that it has issued and made effective rules and regulations implementing its regulatory authority over pole attachments, including a specific methodology for such regulation which has been made publicly available in the state. Pursuant to Section 1.1414(b) of the Commission's rules on pole attachments, the Commission gives public notice of receipt of New Hampshire's certification. Certification by a state preempts the Commission from accepting pole attachment complaints under Subpart J of Part 1 of the Rules. Also pursuant to Section 1.1414(b), the Commission compiles and publishes from time to time a listing of states which have provided
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-653A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-653A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-653A1.txt
  • that this notice includes the state of Ohio, which was mistakenly omitted from the list of certifying states. The state of New Hampshire certifies that it has issued and made effective rules and regulations implementing its regulatory authority over pole attachments, including a specific methodology for such regulation which has been made publicly available in the state. Pursuant to Section 1.1414(b) of the Commission's rules on pole attachments, the Commission gives public notice of receipt of New Hampshire's certification. Certification by a state preempts the Commission from accepting pole attachment complaints under Subpart J of Part 1 of the Rules. Also pursuant to Section 1.1414(b), the Commission compiles and publishes from time to time a listing of states which have provided
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-893A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-893A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-893A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit CC 09-xxx STATES THAT HAVE CERTIFIED THAT THEY REGULATE POLE ATTACHMENTS WC Docket No. 10-101 The state of Arkansas certifies that it has issued and made effective rules and regulations implementing its regulatory authority over pole attachments, including a specific methodology for such regulation which has been made publicly available in the state. Pursuant to Section 1.1414(b) of the Commission's rules on pole attachments, the Commission gives public notice of receipt of Arkansas's certification. Certification by a state preempts the Commission from accepting pole attachment complaints under Subpart J of Part 1 of the Rules. Also pursuant to Section 1.1414(b), the Commission compiles and publishes from time to time a listing of states which have provided certification.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-366A1_Erratum.pdf
  • 92.Section224furtherprovidesthattheCommissionhasnojurisdictionwithrespecttorates, terms,andconditions,oraccesstopoles,ducts,conduits,andrights-of-wayforpoleattachmentsin instanceswhereastatehascertifiedtotheCommissionthatitregulatessuchmatters.236Consistentwith thestatute,19stateshavemadesuchcertificationtotheCommission.Inthosestatesthatdonotregulate suchmatters,wewillcontinuetoapplytheformulapresumptionsoutlinedintheTelecommunications 231 47C.F.R.§76.804(a). 232 47V.S.c.§224(b)(1). 233 47U.S.c.§224(d),(e). 234 TelecommunicationsPoleAttachmentsPricingReportandOrder,13FCCRedat6777;CablePoleAttachments PricingReportandOrder,15FCCRedat6453. 235 CfTelecommunicationsPoleAttachmentsPricingReportandOrder,13FCCRedat6832,'11121(holdingthat therecorddidnotpermitustoestablishdetailedstandardsforthepricingofaccesstorights-of-way,andaccordingly thatwewouldconsiderallegationsofunjust,unreasonable,ordiscriminatoryratesonacase-by-casebasis). 236 47U.S.c.§224(c). 23024 FederalCommunicationsCommission FCC00-366 PoleAttachmentsPricingReportandOrderandtheCablePoleAttachmentsPricingReportand Order.237 93.Severalcommentersarguethatweshouldrequirestatestorecertifythattheyareregulating poleattachmentswithinbuildings,andthatweshouldlookbehindstatecertificationstoensurethatthey areinfactregulatingconsistentwithSection 224.238Consistentwithourpastpracticeinsimilar circumstances,wedeclinetodoso. Rather,wewillcontinuetoapplyour.existingregimeof presumptionsandburdenofproofregardingcertification.Weemphasize,moreover,thatfederal regulationofaccess,rates,terms,orconditionsforpoleattachmentsispreemptedonlytotheextenta stateisactuallyregulatingattachments.Shouldastatefailtoresolveacomplaintwithinspecifiedtime limits,theCommission'srulesprovidethatweassumejurisdictionoverthecomplaint.239 E. AreasUnderTenantControl 1. Background 94. Section1.4000ofourrulesprohibits,withlimitedexceptions,anystateorlocallawor regulation,privatecovenant,contractprovision,leaseprovision,homeowners'associationrule,orsimilar restrictionthatimpairstheinstallation,maintenance,oruseofcertainantennasdesignedtoreceivevideo programmingservicesonpropertywithintheexclusiveuseorcontroloftheantennauserwheretheuser hasadirectorindirectownershiporleaseholdinterestintheproperty.240WeadoptedSection1.4000 pursuanttoSection 303oftheCommunicationsActasdirectedbySection207ofthe1996Act,which appliestotheplacementofover-the-airreceptiondevices(OTARDs)inordertoreceivetelevision broadcastsignals,directbroadcastsatelliteserVices,andmultichannelmultipointdistributionservices.241 InMay, 1999,theWirelessCommunicationsAssociationInternational,Inc.(WCA)filedaPetitionfor RulemakingaskingustoextendtheprinciplesembodiedinSection1.4000totheplacementofantennas usedforanyfixedwirelessservice.242Inthe CompetitiveNetworksNPRM,werequestedcommenton 237TelecommunicationsPoleAttachmentsPricingReportandOrder,13FCCRcdat6777;CablePoleAttachments PricingReportandOrder,15 FCCRcdat6453. 238AT&TCommentsat21-22;TeligentCommentsat38;WinStarCommentsat65. 239 See47 C.F.R.§1.1414(e).Wenotethatifitisshowninacomplaintproceedingthatastatedoesnotregulate accesstoductsorconduitswithinbuildings,forexample,thatstate'sregulationofpoleattachmentsonpublicrights- of-way,anditscertificationtosuchregulation,wouldnotdefeattheCommission'sjurisdictionoveraccesstoducts orconduitswithinbuildings.Insuchacase,wewoulddecidethecomplaintregardingin-buildingattachments,while continuingtorespectthestate'sauthorityoverthosepoleattachmentsthatitdoesregulate. 24047C.F.R.§1.4000. 241 See PreemptionofLocalZoningRegulationofSatelliteEarthStations,ReportandOrder,MemorandumOpinion andOrderinIEDocketNo.95-59, andImplementationofSection207oftheTelecommunicationsActof1996and RestrictionsonOver-the-AirReceptionDevices:TelevisionBroadcastServiceandMultichannelMultipoint DistributionService,FurtherNoticeofProposedRulemakinginCSDocketNo.96-83,11FCCRcd19276(1996) (OTARDFirstReportandOrder). Section207ofthe1996Actstatesthat"[w]ithin180daysafterthedateof enactmentofthisAct,theCommissionshall,pursuanttoSection303oftheCommunicationsActof1934, promulgateregulationstoprohibitrestrictionsthatimpairaviewer'sabilitytoreceivevideoprogrammingservices throughdevicesdesignedforover-the-airreceptionoftelevisionbroadcastsignals,multichannelmultipoint distributionservice,ordirectbroadcastsatelliteservices."47U.S.c.§303note(1996Act,Section207). 242WirelessCommunicationsAssociationInternational,Inc.PetitionforRulernakingtoAmendSection1.4000of theCommission'sRulestoPreemptRestrictionsonSubscriberPremisesReceptionorTransmissionAntennas (continued....) 23025 FederalCommunicationsCommission FCC00-366 whetherweshouldadoptrulessimilartothoseadoptedinthevideocontextthatwouldprotecttheability toplacesimilarantennastotransmitandreceivetelecommunicationssignalsandotherfixedwireless signalsthatarenotcoveredbySection207.243 95.Ascurrentlyconstituted,Section1.4000prohibitsrestrictionsthatimpairtheinstallation, maintenanceoruseof:(1)anyantennadesignedtoreceivedirectbroadcastsatelliteservice,including direct-to-homesatelliteservices,thatisonemeterorlessindiameterorislocatedinAlaska;(2)any antennadesignedtoreceivevideoprogrammingservicesviamultipointdistributionservices,including multichannelmultipointdistributionservices,instructionaltelevisionfixedservices,andlocalmultipoint distributionservices,andthatisonemeterorlessindiameter;(3)anyantennadesignedtoreceive televisionbroadcastsignals;or(4)anymastsupportinganantennareceivinganyvideoprogramming describedintheSection.ForthepurposesofSection1.4000,alaw,regulation,orrestrictionimpairs installation,maintenance,oruseofanantennaifit:unreasonablydelaysorpreventsinstallation, maintenance,oruse;unreasonablyincreasesthecostofinstallation,maintenance,oruse;orprecludes receptionofanacceptablequalitysignal.Section1.4000alsosetsforthprinciplesgoverningfeesor coststhatmaybeimposedforplacementofcoveredantennasandenforcementofcoveredregulations. Restrictionsthatwouldotherwisebeforbiddenarepermittediftheyarenecessaryforcertainsafetyor historicpreservationpurposes,arenomoreburdensomethannecessarytoachievetheirpurpose,and meetcertainotherconditionssetforthintherule.Finally,Section1.4000includesprovisionsforwaiver anddeclaratoryrulingproceedings. 96.ManypartiessupportanextensionoftheprinciplesoftheOTARDrulestoincludeallfixed wirelessdevices?44Forexample,PCIAcontendsthatextendingtheantennaexemptionruletoinclude allfixedwirelessdevicesisessentialtotheCommissionmeetingitsobligationtopromotethe deploymentofadvancedtelecommunicationscapabilityunderSection706(a)ofthe1996Act.245Onthe otherhand,RealAccessAlliancearguesthat,inextendingtheOTARDrulestoleasedproperty,the CommissionhasalreadyexceededitsauthorityandviolatedtheFifthAmendment.RealAccessAlliance contendsthatfurtherextendingtherulestoincludenewservicessuchastelecommunicationsservices wouldcompoundtheviolation?46RealAccessAlliancearguesthatthestatutorylanguageofSection207 "refersexplicitlytovideoprogramming,andtothreetypesofantennasusedprimarily(andatthetimeof theenactmentofthelaw,solely)todelivervideoservices.,,247RealAccessAllianceconcludesthatthe statutorylanguageisveryclearandcannotpossiblybeconstruedtopermittheCommissiontogoany furtherthanitalreadyhas,underanycircumstances.248 (Continuedfrompreviouspage)------------ DesignedtoProvideFixedWirelessService(filedMay26,1999);seealsoLetterfromPaul J.Sinderbrand,Counsel forWirelessCommunicationsAssociationInternational,Inc.,toMagalieRomanSalas,Secretary,FCC,dated September7,2000(assertingthatt.irnelydeploymentofSprintandWorldComfixedwirelessbroadbandservicesis
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-50A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-50A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-50A1.txt
  • Purpose. 1.1402 Definitions. 1.1403 Duty to provide access; modifications; notice of removal, increase or modification; petition for temporary stay; and cable operator notice. 1.1404 Complaint. 1.1405 File numbers. 1.1406 Dismissal of complaints. 1.1407 Response and reply. 1.1408 Numbers of copies and form of pleadings. 1.1409 Commission consideration of the complaint. 1.1410 Remedies. 1.1411 Meetings and hearings. 1.1412 Enforcement. 1.1413 Forfeiture. 1.1414 State certification. 1.1415 Other orders. 1.1416 Imputation of rates; modification costs. 1.1417 Allocation of Unusable Space Costs. 1.1418 Use of presumptions in calculating the space factor. 1.1420 Timeline for access to utility poles. 1.1422 Contractors for survey and make-ready. 1.1424 Complaints by incumbent local exchange carriers. * * * Section 1.1401 is revised to read as follows: § 1.1401 Purpose.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-96-325A1.pdf
  • Attachment Complaint Procedures 1.1401 Purpose. 1.1402 Definitions. 1.1403 Duty to provide access; modifications; notice of removal, increase or modification; petition for temporary stay. 1.1404 Complaint. 1.1405 File numbers. 1.1406 Dismissal of complaints. 1.1407 Response and reply. 1.1408 Number of copies and form of pleadings. 1.1409 Commission consideration of the complaint. 1.1410 Remedies. 1.1411 Meetings and hearings. 1.1412 Enforcement. 1.1413 Forfeiture. 1.1414 State certification. 1.1415 Other orders. 1.1416 Imputation of rates; modification costs. * * * * * 3. The authority citation for part 1 is revised to read as follows: AUTHORITY: 47 U.S.C. 151, 154, 251, 252, 303, and 309(j) unless otherwise noted. 4. Section 1.1401 is revised to read as follows: Federal Communications Commission 96-325 B-2 § 1.1401 Purpose. The
• http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00366.doc http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00366.pdf http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00366.txt
  • accordingly that we would consider allegations of unjust, unreasonable, or discriminatory rates on a case-by-case basis). 47 U.S.C. § 224(c). Telecommunications Pole Attachments Pricing Report and Order, 13 FCC Rcd at 6777; Cable Pole Attachments Pricing Report and Order, 15 FCC Rcd at 6453. AT&T Comments at 21-22; Teligent Comments at 38; WinStar Comments at 65. See 47 C.F.R. § 1.1414(e). We note that if it is shown in a complaint proceeding that a state does not regulate access to ducts or conduits within buildings, for example, that state's regulation of pole attachments on public rights-of-way, and its certification to such regulation, would not defeat the Commission's jurisdiction over access to ducts or conduits within buildings. In such a case, we
• http://transition.fcc.gov/eb/Public_Notices/DA-08-653A1.html
  • that this notice includes the state of Ohio, which was mistakenly omitted from the list of certifying states. The state of New Hampshire certifies that it has issued and made effective rules and regulations implementing its regulatory authority over pole attachments, including a specific methodology for such regulation which has been made publicly available in the state. Pursuant to Section 1.1414(b) of the Commission's rules on pole attachments, the Commission gives public notice of receipt of New Hampshire's certification. Certification by a state preempts the Commission from accepting pole attachment complaints under Subpart J of Part 1 of the Rules. Also pursuant to Section 1.1414(b), the Commission compiles and publishes from time to time a listing of states which have provided
• http://transition.fcc.gov/eb/Public_Notices/DA-10-893A1.html
  • / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 STATES THAT HAVE CERTIFIED THAT THEY REGULATE POLE ATTACHMENTS WC Docket No. 10-101 The state of Arkansas certifies that it has issued and made effective rules and regulations implementing its regulatory authority over pole attachments, including a specific methodology for such regulation which has been made publicly available in the state. Pursuant to Section 1.1414(b) of the Commission's rules on pole attachments, the Commission gives public notice of receipt of Arkansas's certification. Certification by a state preempts the Commission from accepting pole attachment complaints under Subpart J of Part 1 of the Rules. Also pursuant to Section 1.1414(b), the Commission compiles and publishes from time to time a listing of states which have provided certification.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1996/fcc96325.pdf
  • Attachment Complaint Procedures 1.1401 Purpose. 1.1402 Definitions. 1.1403 Duty to provide access; modifications; notice of removal, increase or modification; petition for temporary stay. 1.1404 Complaint. 1.1405 File numbers. 1.1406 Dismissal of complaints. 1.1407 Response and reply. 1.1408 Number of copies and form of pleadings. 1.1409 Commission consideration of the complaint. 1.1410 Remedies. 1.1411 Meetings and hearings. 1.1412 Enforcement. 1.1413 Forfeiture. 1.1414 State certification. 1.1415 Other orders. 1.1416 Imputation of rates; modification costs. * * * * * 3. The authority citation for part 1 is revised to read as follows: AUTHORITY: 47 U.S.C. 151, 154, 251, 252, 303, and 309(j) unless otherwise noted. 4. Section 1.1401 is revised to read as follows: Federal Communications Commission 96-325 B-2 § 1.1401 Purpose. The
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00366.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00366.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00366.txt
  • accordingly that we would consider allegations of unjust, unreasonable, or discriminatory rates on a case-by-case basis). 47 U.S.C. § 224(c). Telecommunications Pole Attachments Pricing Report and Order, 13 FCC Rcd at 6777; Cable Pole Attachments Pricing Report and Order, 15 FCC Rcd at 6453. AT&T Comments at 21-22; Teligent Comments at 38; WinStar Comments at 65. See 47 C.F.R. § 1.1414(e). We note that if it is shown in a complaint proceeding that a state does not regulate access to ducts or conduits within buildings, for example, that state's regulation of pole attachments on public rights-of-way, and its certification to such regulation, would not defeat the Commission's jurisdiction over access to ducts or conduits within buildings. In such a case, we
• http://www.fcc.gov/eb/Public_Notices/DA-08-653A1.html
  • that this notice includes the state of Ohio, which was mistakenly omitted from the list of certifying states. The state of New Hampshire certifies that it has issued and made effective rules and regulations implementing its regulatory authority over pole attachments, including a specific methodology for such regulation which has been made publicly available in the state. Pursuant to Section 1.1414(b) of the Commission's rules on pole attachments, the Commission gives public notice of receipt of New Hampshire's certification. Certification by a state preempts the Commission from accepting pole attachment complaints under Subpart J of Part 1 of the Rules. Also pursuant to Section 1.1414(b), the Commission compiles and publishes from time to time a listing of states which have provided
• http://www.fcc.gov/eb/Public_Notices/DA-10-893A1.html
  • / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 STATES THAT HAVE CERTIFIED THAT THEY REGULATE POLE ATTACHMENTS WC Docket No. 10-101 The state of Arkansas certifies that it has issued and made effective rules and regulations implementing its regulatory authority over pole attachments, including a specific methodology for such regulation which has been made publicly available in the state. Pursuant to Section 1.1414(b) of the Commission's rules on pole attachments, the Commission gives public notice of receipt of Arkansas's certification. Certification by a state preempts the Commission from accepting pole attachment complaints under Subpart J of Part 1 of the Rules. Also pursuant to Section 1.1414(b), the Commission compiles and publishes from time to time a listing of states which have provided certification.