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One Touch Make Ready Hot Topic.Indd ONE TOUCH MAKE READY IS A “HOT” TOPIC “Dig once” policies, which involve laying conduit or can subsequently attach its wires, cables or fi bers. The fi ber optic cables underground, have been hailed as process can often take months. excellent strategies due to their time-and cost-saving Under OTMR, the new provider is given permission to features. The idea has strong bipartisan support in either rearrange ALL of the other existing providers’ Congress and has been praised by the American Cable wires, cables and fi bers itself, or hire a qualifi ed Association, the Fiber to the Home (FTTH) Council, contractor to do so. As a result, all of the attachments and Next Century Cities (which focuses on supporting can be rearranged at the same time. communities in their goal to ensure fast, aff ordable, and reliable Internet service). Proponents of OTMR cite its cost-saving advantages, as well as reduced work crew noise and disruptions to However, a more recent strategy, called “one touch neighborhoods, traffi c backup, and temporary service make ready” (OTMR), while being hailed by some interruptions for residents. The most signifi cant benefi t stakeholders as an equally wise concept, is getting they cite, though, is the fact that new providers are able some pushback. to attach their wires, cables or fi ber much faster than Hogan Lovells, LLP, an international law fi rm focusing before, cutting the time it takes for residents to receive on corporate law, noted in a recent blog that, “We new services from several months to sometimes just a often take for granted the ability to leave home, head few weeks. to work, and travel to many cities, or even across the For example, in testimony before the Subcommittee country, without losing the ability to access high-speed on Communications & Technology of the Committee Internet service. on Energy & Commerce of the U.S. House of “But in many cities, there is only one provider off ering Representatives, a group called “Public Knowledge,” broadband Internet, and for some consumers, that which encourages more widespread availability of provider’s speeds are inadequate, and the prices are broadband around the nation, encouraged Congress prohibitively expensive. New broadband entrants to adopt policies to facilitate this, one of which was seek to challenge incumbent providers by introducing “easing access to physical infrastructure to speed innovative services, higher speeds, and competition deployment, such as requiring dig once and one touch to local markets. However, there are many barriers make ready policies.” preventing competitive providers from doing so.” There are those who oppose OTMR, however. Most What are these barriers? INCOMPAS, a trade association vocal among these critics are existing providers for competitive communications and technology whose wires, cables, and fi bers are already attached networks, addressed this topic at its Policy Summit to poles. Of course, part of their concern relates to 2017, where representatives from Google Fiber, Lumos competitive issues. According to the Hogan Lovells Networks, FirstLight Fiber, and Rocket Fiber discussed blog, for example, “Incumbent telecom providers are the obstacles that competitive broadband providers incentivized to protect the signifi cant investments face and how to expedite deployment. Panelists agreed they have made to deploy their networks and install that local governments, utilities, and other city-specifi c equipment to provide optimal coverage for their organizations present the biggest challenges to customers in each city.” broadband deployment - largely because of traditional However, critics of OTMR also raise other more make-ready processes. potentially substantive issues. For example, they argue Traditionally, when a new provider wants to attach that each provider has its own tried-and-true internal wire, cable or fi ber to a pole, all of the entities that processes for make-ready work, and that OTMR does already have wires, cables or fi ber attached (e.g.: the not do enough to take these special processes into pole owner, telecommunications companies, Internet account, since the new provider would not be familiar service providers, etc.) send crews to rearrange their with these processes. own wires, cables and fi bers, so that the new provider PHONE: 888-408-0037 FinleyUSA.com ONE TOUCH MAKE READY IS A “HOT” TOPIC In addition, they note, the new provider or its Pole owners and pre-existing providers whose wires designated contractor may not be aware of all of the are moved may choose to do post-make-ready work safety and reliability nuances involved with moving and call for remedial work if needed, at the new certain wires, cables and fi bers, possibly leading provider’s expense. to injury of workers and/or expensive damage to In late 2016, commenting on a lawsuit fi led by AT&T equipment that would leave residents without against Louisville’s OTMR legislation, the FCC ruled electric, telecommunications, Internet, and/or other that the city’s OTMR policy does not confl ict with services. The Hogan Lovells blog notes that, “Utilities federal regulations, primarily because Kentucky is are ... hesitant to allow third parties to relocate their one of 21 states that has opted out of the federal pole equipment, risking damage or incorrect re-installation.” attachment rules, meaning that federal regulations Despite opposition to OTMR, the Federal “simply do not apply here,” according to the FCC. Communications Commission (FCC) has stated that Tennessee, however, is under FCC regulations for pole OTMR does not confl ict with federal policy related to attachment rules. In Nashville, Nashville Electric Service make-ready work. owns about 80 percent of the poles, and AT&T owns OTMR legislation has been passed in at least three the other 20%. In February 2017, the Nashville Electric cities, and more are expected to follow. San Antonio, Service struck a deal with Google Fiber and dismissed Texas, where the electric utility is owned by the city the lawsuit it had fi led against the city’s OTMR policy. itself, has passed OTMR legislation, and there have Still, even in the 29 states that are under federal pole been few problems. attachment rules, opponents of OTMR may not have However, in 2016, Louisville, Kentucky, and Nashville, an easy road in trying to block new OTMR legislation Tennessee, passed OTMR legislation as a way to make in other counties, cities and towns, because, while it easier for new providers, primarily Google Fiber, to the FCC said Louisville’s legislation did not confl ict make their services available to residents, but response with federal policy because it was not under federal to the legislation was not universally positive. Prior jurisdiction, a separate part of the FCC’s argument was to the passage of this legislation, new providers that the OTMR concept as a whole meshes with the complained that existing providers often dragged FCC’s overall goal of accelerating deployment of new their feet in planning and executing make-ready work, communications technologies such as broadband, and causing delays of many months. In response to the promoting additional competition. legislation in these two cities, though, there has been For more guidance and discussion on make ready, some pushback, primarily from existing providers, such contact Finley Engineering. Our experience and as AT&T (in Louisville and Nashville) and Comcast expertise in the matter run deep and we welcome (in Nashville). discussions as you review our strategy and options. In Louisville, the OTMR legislation states that an applicant for attachment must fi rst receive approval from the existing pole owners, at which time it may Call Us: 888-408-0037 contract with a pre-approved construction crew to perform all of the make-ready work at its own expense. ABOUT THE AUTHOR Phil Carroll, Vice President of the Energy Group for Finley Engineering, has been involved in the electric utility industry for the past 31 years. Managing multi-million dollar projects around the country, Carroll has been responsible for the design of distribution and transmission lines, material specifications, contract administration, final acceptance, and close-outs. PHONE: 888-408-0037 FinleyUSA.com .
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