ACLP Comments in Massachusetts Pole Attachment Proceeding
The ACLP recently filed comments with the Massachusetts Department of Public Utilities and the Department of Telecommunications & Cable in their joint proceeding on pole attachments. The comments are available here.
The ACLP’s comments respond to proposed rules issued by the Departments. In its comments, the ACLP observes that the proposed rules evince a strong bias towards electric utility interests and differ sharply from those developed by the FCC and those in other reverse-preemption states surrounding Massachusetts (i.e., CT, ME, NY, NH, and VT). As such, the proposed rules in Massachusetts fail to adequately balance the interests of broadband customers with those of electric ratepayers, a core requirement of the federal law governing reverse-preemption states. In practice, the ACLP argues that the Massachusetts rules would greatly lengthen timelines and otherwise make pole processes more onerous than they need to be, all of which will negatively impact broadband customers. The ACLP notes that the proposed rules in Massachusetts would harm broadband customers by:
- Reducing certainty for ISPs: the rules differ sharply from neighboring reverse-preemption states and from the framework established by the FCC currently binding on 27 states across the country. Better aligning Massachusetts’ rules with the rules in these other states is critical because most broadband subscribers in the state are served by ISPs that operate in multiple states. The benefits of such certainty and consistency would also extend to many of the largest pole owners in Massachusetts given their ownership of poles in neighboring states.
- Disincentivizing ISP investment: creating byzantine and lengthy processes for accessing and attaching equipment to utility poles may make ISPs think twice about investments in the state. Indeed, when presented with starkly different regulatory landscapes, ISPs will likely choose to prioritize investments in states with more streamlined and balanced pole rules, increasing the likelihood that broadband customers in Massachusetts might be deprived of timely upgrades to their service offerings.
- Undermining competition: consumers across the state enjoy a variety of choices for high-speed internet access, many of which rely on efficient pole access to support cost-effective and timely deployment. Introducing unnecessary complexity and long timelines could blunt these gains.
- Delaying broadband expansion: emerging broadband expansion projects underwritten by federal grant funds, including those stemming from the Broadband Equity, Access, and Deployment (“BEAD”) program, may be delayed due to ISPs having to navigate rules that are substantially different and more burdensome than other states.
The ACLP urged the Departments to align their rules with those maintained by the FCC and to integrate best practices from neighboring states, especially those allowing for rapid dispute resolution.