Proposed Revisions to Commission Rule 3.706

On October 25, 2019, the Commission issued an Order in Case No. 19-3603-RULE (the “Order”), proposing amendments to Commission Rule 3.706(D)(1) (the “Rule”), which establishes the rental rates for attaching certain equipment to utility-owned poles.  The amendments originally were sought by the CLEC Association of Northern New England.  The amendments, as proposed, would change the Rule so that it contains a single, rebuttable presumption that equipment attached to a utility pole occupies one foot of space.  This proposed presumption would replace our current practice of presuming that an attachment occupies either 1 foot or 2 feet of space, depending on the type of service offered by the entity requesting the attachment.

In the Order, the Commission finds it in the best interest of Vermont to set a single pole-attachment presumption of 1.25 feet for all entities attaching equipment to utility poles in Vermont, no matter the function of those attachments or the type of entity attaching.  This change will result in improved competition among market participants, increased investment in Vermont, a Rule more closely aligned with the practices of the Federal Communications Commission and other nearby jurisdictions in New England, and fewer disputes over the application of the Rule.  

On December 6, 2019, the Commission filed its proposed rule with the Vermont Secretary of State.  
We have scheduled a public hearing on December 10, 2019 at 9:30 AM in the Susan M. Hudson Hearing Room, Third Floor, People's United Bank Building, 112 State Street, Montpelier, VT 05620.  At the public hearing, Commission staff will take public comments on the proposed rule.
Also, we have opened a public comment period to run from December 6, 2019, until January 20, 2020, during which the Commission will accept written comments on the proposed rule.  Written comments should be filed in ePUC under case number 19-3603-RULE.

This rulemaking is being processed in ePUC, the Commission’s online document management system.  All documents associated with this proceeding will appear in ePUC as they become available.  Assistance in using ePUC can be acquired by contacting the Clerk’s Office at (802) 828-2358 or email.

Interested in participating in this proceeding? Please contact the Clerk of the Commission  and ask to be added to the service list.

Contact Staff Attorney John C. Gerhard by e-mail or telephone (802-828-2358) if you have any questions about this rulemaking that do not involve ePUC.

Contact Information

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