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Comment sought on Mediacom Pole Attachment Petition

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Released: April 8, 2014

Federal Communications Commission
445 12th St., S.W.

News Media Information 202 / 418-0500


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 14-441

Released: April 8, 2014




WC Docket No. 14-52

Comment Date: May 8, 2014
Reply Comment Date: May 23, 2014

The Wireline Competition Bureau (Bureau) seeks comment on a petition filed by Mediacom
Communications Corporation (Mediacom) on February 19, 2014.1 Mediacom requests that the
Commission state in a declaratory ruling that, under Section 224 of the Communications Act of 1934, as
amended, an indemnification clause in a pole attachment agreement between a cable operator attacher and
a utility pole owner that imposes asymmetric and nonreciprocal indemnification liability for negligence
on the part of the attaching party, is not a “just and reasonable” term and condition of attachment.2
Mediacom requests that the Commission issue a declaratory ruling to terminate a controversy and remove
uncertainty in the context of Iowa state court tort litigation.3

Pursuant to sections 1.415 and 1.419 of the Commission’s rules, 47 CFR §§ 1.415, 1.419,
interested parties may file comments and reply comments on or before the dates indicated above.
Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS). See
Electronic Filing of Documents in Rulemaking Proceedings
, 63 FR 24121 (1998).

Electronic Filers: Comments may be filed electronically using the Internet by accessing the

Paper Filers: Parties who choose to file by paper must file an original and one copy of each
filing. If more than one docket or rulemaking number appears in the caption of this proceeding,
filers must submit two additional copies for each additional docket or rulemaking number.

1 Petition for Declaratory Ruling of Mediacom Communications Corporation (Mediacom), WC Docket No. 14-52
(filed Feb.19, 2014) (Petition); 47 C.F.R. § 1.2.
2 See Petition at 1; 47 U.S.C. § 224(b)(1).
3 Petition at 1, n.3; Maribel Romero v. Interstate Power and Light, Interstate Power and Light v. MCC Iowa LLC,
Iowa District Court for Johnson County, Case No. LACV 075505.

Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s
Secretary, Office of the Secretary, Federal Communications Commission.

All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary
must be delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325,
Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries
must be held together with rubber bands or fasteners. Any envelopes and boxes must be
disposed of before entering the building.

Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority
Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.

U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th
Street, SW, Washington DC 20554.
People with Disabilities: To request materials in accessible formats for people with disabilities
(Braille, large print, electronic files, audio format), send an e-mail to or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
The proceeding this Notice initiates shall be treated as a “permit-but-disclose” proceeding in
accordance with the Commission’s ex parte rules.4 Persons making ex parte presentations must file a
copy of any written presentation or a memorandum summarizing any oral presentation within two
business days after the presentation. Persons making oral ex parte presentations are reminded that
memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in
the meeting at which the ex parte presentation was made, and (2) summarize all data presented and
arguments made during the presentation. If the presentation consisted in whole or in part of the
presentation of data or arguments already reflected in the presenter’s written comments, memoranda or
other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her
prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers
where such data or arguments can be found) in lieu of summarizing them in the memorandum.
Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex
presentations and must be filed consistent with rule 1.1206(b). In proceedings governed by rule
1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte
presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must
be filed through the electronic comment filing system available for that proceeding, and must be filed in
their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should
familiarize themselves with the Commission’s ex parte rules.
For further information, please contact Jonathan Reel, Competition Policy Division, Wireline
Competition Bureau at (202) 418-0637, or via email at
- FCC -

4 47 C.F.R. §§ 1.1200 et seq.


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