Proposed Revisions to Commission Rule 3.700, Pole Attachments

On November 27, 2019, the Public Utility Commission filed its final proposed revisions to Commission Rule 3.700, the Pole Attachment Rule, with the Secretary of State’s Office and the Legislative Committee on Administrative Rules (“LCAR”).  The proposed rule (number 19P069) is tentatively scheduled for review at LCAR’s January 9, 2020, meeting.  LCAR will provide an agenda confirming the date, time, and location of the meeting within one week of the meeting.  Information about LCAR’s upcoming meeting agendas is available on LCAR's website.

The final proposed amendments to the rule are the product of proceedings in Case No. 19-0252-RULE, which was opened in response to a petition from the Vermont Department of Public Service and Act 79 of 2019.  Sections 19 and 20 of Act 79 required the Commission to revise Commission Rule 3.700 to include “one-touch make-ready” (“OTMR”) and self-help procedures for attachments to utility poles and to consider other measures designed to reduce delays associated with the utility pole preparation process.  OTMR and self-help allow attaching entities to do some utility pole preparation work using qualified contractors and to take over pole-preparation work if certain deadlines are not met.  The provisions are similar to recent revisions to the Federal Communications Commission’s (“FCC”) rules on pole attachments, which apply in states that have elected not to regulate pole attachments.  Section 19 of Act 79 required the Commission to file the final proposed rule with the Secretary of State and LCAR on or before December 1, 2019.

The final proposed rule, the Commission’s orders, all comments, and the filings submitted to the Secretary of State and LCAR are available through ePUC, the Commission’s electronic document management and filing system, in Case No. 19-0252-RULE.  Further information about using ePUC is available on the PUC website.

Contact Micah Howe, Staff Attorney,  by email or phone (802-828-2358)  if you have any questions about this rulemaking.

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Judith C. Whitney
Clerk of the Commission
112 State Street
Montpelier, VT  05620-2701
(802) 828-2358
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