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DMDMIJ/ <br /> //////S/�'► Position Statement <br /> Preserve Local Control of Pole Attachments <br /> • The municipal exemption from FCC pole <br /> attachment rates and other pole attachment <br /> regulations must be retained, and any attempt to <br /> grant the FCC authority to regulate public power <br /> utility poles must be rejected. :111 PPP <br /> • The exemption recognizes the public nature and — — - • °' <br /> accountability of municipal utilities. <br /> t <br /> • The FCC has not shown a single example in z" _ <br /> which local control or fees have been an impediment`~ <br /> to broadband deployment. <br /> • Granting the FCC authority over public power ? r : <br /> utility poles would be a backdoor method of <br /> preempting local control over pole attachments and % <br /> their related rates. "" <br /> Background ..._. <br /> Municipal utilities are exempt from Federal - „ .; I41, 4.* '"' <br /> Communications Commission (FCC)jurisdiction .'< {* . I `'' <br /> over pole attachments. This exemption was <br /> expressly granted in 1978 based on the recognition <br /> of the public process and accountability to <br /> constituents involved with adopting local �» ; + <br /> regulations and setting fees, and it has been ". ' <br /> retained in multiple updated versions of the federal f41- F <br /> Communications Act. Further, Section 224 of ••• <br /> the Communications Act prohibits the FCC from * 1 -4ra • <br /> regulating public power utility poles. <br /> Local technical, health, reliability, and safety Municipalities have zoning,land use,and technical <br /> considerations(including the National Electric Safety Code) <br /> considerations, need to be considered when that justify local authority over the use of our infrastructure. <br /> establishing appropriate pole attachment <br /> regulations. And with the FCC pole attachment <br /> rate having been lowered to the cable rate, a (R—South Dakota), chairman of the Senate <br /> municipality is unlikely to recover the maintenance Commerce Committee, and Senator Brian Schatz <br /> and management costs for the attached facilities. (D —Hawaii,) developed draft legislation to grant <br /> Thus, the authority to regulate pole attachments the FCC authority to regulate municipal power <br /> and to set applicable rates must remain at the local utility poles, a move widely viewed as an attempt to <br /> municipal level. backdoor the authority of the FCC to regulate pole <br /> attachments and rates. <br /> Since 2010, the FCC has repeatedly recommended <br /> to Congress that the municipal exemption from In 2016, Mobilitie, a major manufacturer and <br /> FCC regulation of pole attachment and rates supplier of wi-fi equipment and networks, <br /> be repealed. Last year, Senator John Thune petitioned the FCC for a declaratory ruling <br /> 2018 Federal Position Statements/6 <br /> 238 <br />