Implementation of Section 224 of the Act Amendment of the Commission's Rules and Policies Governing Pole Attachments
In this Notice of Proposed Rulemaking (Notice), we seek comment with regard to our implementation of section 224 of the Communications Act of 1934, as amended (Act). Section 224 confers on cable television systems and telecommunications carriers the right to pole attachments at just and reasonable rates, terms and conditions. In the Telecommunications Act of 1996 (1996 Act), Congress expanded the definition of a "pole attachment" for purposes of section 224 to include not only poles but also "any attachment" to a "duct, conduit, or right-of-way owned or controlled by a utility." We seek to ensure that our regulatory framework remains current and faithful to the pro-competitive, market-opening provisions of the Act in light of our experience over the last decade, advances in technology, and developments in the markets for telecommunications and video services.