Report No. CS 97-4                     CABLE SERVICES ACTION             January 21,1997

           CABLE SERVICES BUREAU RELEASES LETTER REGARDING
                    UTILITY POLE ATTACHMENT ISSUES

     The Cable Services Bureau has a request for a letter ruling on the acceptability under
Section 224 of the Communications Act of a utility demanding a clause in a pole attachment
contract that requires the attaching telecommunications provider to waive any and all statutory
rights to complain to the Commission or any state or other authority with respect to the rates,
terms or conditions of the contract.  The Bureau has determined that such a demand would be a
per se violation of Section 224's requirement to negotiate in good faith and that it is contrary to
Section 224 for a party to be pressured, as a condition of a contract, to waive its legal rights and
remedies.  The Bureau has concluded that demanding a clause like the one presented would be
unreasonable per se, and a provision adopted as a result of such a demand would be
unenforceable as a matter of law.

Action by the Chief, by letter (DA 97-131), released January 17, 1997. 

                                -FCC-

News Media Contact:  Morgan Broman (202) 418-7200
Cable Services Bureau Contact:  Elizabeth Beaty at (202) 418-2294