One Touch Make Ready Officially Begins May 20, 2019
Article 18 page 11 of 120 on the FCC OTMR.
18. Our new rules define “complex” make-ready, as the BDAC does, as “[t]ransfers and work within the communications space that would be reasonably likely to cause a service outage(s) or facility damage, including work such as splicing of any communication attachment or relocation of existing wireless attachments.”66 We consider “[a]ny and all wireless activities, including those involving mobile, fixed, and point-to-point wireless communications and wireless internet service providers[] . . . to be . . . complex.”67 We agree with Verizon that the term “wireless activities” does not include a wireless attacher’s work on its wireline backhaul facilities, which is no different than wireline work done by other attachers.68 While the BDAC recommendation did not explicitly address the treatment of pole replacements, we interpret the definition of complex make-ready to include all pole replacements as well. We agree with commenters that pole replacements are usually not simple or routine and are more likely to cause service outages or facilities damage,69 and thus we conclude that they should fall into the complex
Other Outtakes starting page 34
69. We also adopt the BDAC recommendation that we require the new attacher to notify an affected entity immediately if the new attacher’s contractor damages another company’s equipment or causes an outage that is reasonably likely to interrupt the provision of service.251 We extend this requirement to damage to the utility’s equipment as well. Upon receiving notice of damaged equipment or a service outage, the utility or existing attacher can either complete any necessary remedial work and bill the new attacher for the reasonable costs related to fixing the damage or outage or require the new attacher to fix the damage or outage at its expense immediately following notice from the utility or existing attacher.252 Upon notice from the existing attacher or the utility to fix damages or an outage caused by the new attacher, the new attacher must complete the repair work before it can resume its make-ready work.253 Where the utility or the existing attacher elects to fix the damage or outage, the new attacher can only continue with make-ready work if it does not interfere with the repair work being conducted by the utility or existing attacher. This requirement for immediate notification and repair of damages or outages caused by a new attacher’s contractor addresses the concern of existing attachers and utilities that the new attacher’s contractor may damage equipment or cause an outage that would harm consumers or threaten safety without the existing attacher’s or utility’s knowledge or an opportunity for prompt recourse.
(vi) Post Make-Ready
70. We agree with commenters that suggest that the OTMR process should include time for post-make-ready inspections and the quick repair of any defective make-ready work.255 To give existing attachers and the utility an opportunity to correct any errors and to further encourage quality work by the new attacher, we adopt the BDAC’s recommendation that the new attacher must provide notice to the utility and affected existing attachers within 15 days after the new attacher has completed OTMR work on a particular pole.256 In its post-make ready notice, the new attacher must provide the utility and existing attachers at least a 90-day period for the inspection of make-ready work performed by the new attacher’s contractors.257 This post-make-ready inspection and remedy requirement gives the utility and existing attachers their own opportunity to ensure that work has been done correctly.
71. To allow new attachers to timely address allegations of needed repair work, we adopt rules requiring that within 14 days after any post-make ready inspection, the utility and the existing attachers notify the new attacher of any damage or any code (e.g., safety, electrical, engineering, construction) violations caused to their equipment by the new attacher’s make-ready work and provide adequate documentation of the damage or the violations.258 The utility or existing attacher can either complete any necessary remedial work and bill the new attacher for the reasonable costs related to fixing the damage or violations, or require the new attacher to fix the damage or violations at its expense within 14 days following notice from the utility or existing attacher.259 We provide the utility or existing attacher options regarding repair to maximize their flexibility in addressing issues for which they are not at fault. The safeguards we establish in the OTMR process collectively give the new attacher the incentive to ensure its contractor performs work correctly; we therefore expect the invocation of this remediation procedure to be infrequent. While the utility or an existing attacher is free to conduct an inspection of the new attacher’s repairs, formalizing the process is not needed as we require the parties to work together to ensure that repairs are completed. Federal Communications Commission FCC 18-111 37
72. We disagree with Verizon’s argument that we should refrain from establishing a timeframe for the utility and existing attachers to inspect completed make-ready work because deadlines for raising claims about property damage are “typically governed by state contract or property law.”260 We find it appropriate to establish a post-inspection timeline at the federal level so that parties can identify any defective make-ready work that has the potential to cause harm or injury to persons or equipment and remedy it as soon as possible. We also find that the deadlines we establish for the postmake-ready timeline give the existing attachers and the utility time that is sufficient but not unnecessarily long to inspect the work and give the new attacher reasonable time to fix any equipment damage and to rectify any potentially unsafe conditions.
101. Pole Replacements. We agree with parties that argue that the self-help remedy should not be available when pole replacements are required as part of make-ready.358 The record shows that pole replacements can be complicated to execute and are more likely to cause service outages or facilities damage.359 Given the particularly disruptive nature of this type of work, we make clear that pole replacements are not eligible for self-help.
