PUBLIC NOTICE
                                    
                                    
                                    
                                                  DA  95-35
                                    
                                                  January 11, 1995
                                    
         COMMON CARRIER BUREAU CAUTIONS OWNERS OF UTILITY POLES

     The Common Carrier Bureau is concerned that parties who own
or control utility poles be aware of their responsibilities
pertaining to cable television pole attachments.  Utility poles,
ducts, and conduits are regarded as essential facilities, access
to which is vital for promoting the deployment of cable
television systems.

     Congress passed the Pole Attachments Act of 1978 in order to
facilitate the growth of the cable television industry.  The Pole
Attachments Act directed the Commission to ensure that the
"rates, terms, and conditions" for pole attachment agreements
between the pole utility owners and cable operators are "just and
reasonable."  Pursuant to this authority, the Commission has
adopted pole attachment rules and has adjudicated complaints
filed by cable operators concerning their pole attachments.

     Recently, allegations have been made that utility pole
owners may be unreasonably preventing cable operators from
"overlashing" fiber to their existing lines by failing to process
a request to overlash fiber within a reasonable time period
and/or unreasonably denying the request.  While legitimate safety
issues may justify certain precautions relating to fiber
upgrades, we are concerned that there could be serious
anticompetitive effects from preventing cable operators from
adding fiber to their systems.  Without prejudging any pending or
future matters concerning cable pole attachments, we hereby
affirm our commitment to ensuring that the growth and development
of cable television facilities is not hindered by unreasonable
conduct on the part of utility pole owners.  Parties who believe
their rights under the Pole Attachments Act and our implementing
regulations have been infringed are encouraged to bring the
matter to the attention of the Commission or state regulatory
authorities that have asserted jurisdiction over these
facilities.

     For further information, contact:  Common Carrier Bureau
contact:  Jill Ross Meltzer (202) 418-1505; Cable Services Bureau
contact:  William Johnson (202) 416-0812; Office of the General
Counsel contact:  Paul Gallant (202) 416-0822. 

  -FCC-