Ky. Utility Pole Case Defines FCC Jurisdiction Boundaries

By Charles Zdebski (September 6, 2017, 3:05 PM EDT) -- After approximately 40 years of differences between owners of utility poles, communication companies with existing attachments to those poles and would-be attachers over the process for making new pole attachments, a U.S. district court in Kentucky found a Louisville, Kentucky, ordinance mandating a streamlined attachment process lawful. The so-called "one-touch make-ready" approach requires the new attacher to employ contractors approved by the pole owner to relocate or alter existing pole attachments and then make the attachments for the new attaching communications company. The process of altering, moving, relocating or reconfiguring existing attachments on a pole to accommodate new attachments is known in the industry as "make-ready." The U.S. District Court for the Western District of Kentucky, Louisville Division, approved the Louisville Ordinance mandating "one-touch make-ready" on Aug. 16, 2017, in the case Bellsouth Telecommunications LLC v Louisville/Jefferson County Metro Gov't et al.¸ CA No. 3:16-cv-124-DJH. The Memorandum Opinion and Order of U.S. District Judge David J. Hale can be found here....

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