Joint Use & Pole Attachments
Balch & Bingham has represented electric utility clients in regulatory matters, litigated disputes and contract negotiations since its inception. A natural outgrowth of this representation was significant work in the unique, often regulated relationship between electric utilities (as pole owners) and cable/communications companies (as third-party attachers). For decades, Balch attorneys have advocated the interests of electric utility clients on joint use and pole attachment matters before state and federal regulatory bodies, before legislators, in contract negotiations with attachers, and at the trial and appellate levels in both state and federal courts. Balch attorneys also work with joint use professionals on a wide variety of issues, ranging from day-to-day counseling to long term planning. Balch understands how joint use fits into a utility’s portfolio from a business, regulatory, engineering and political perspective.
Areas of Balch's joint use practice include:
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Contract Development Negotiation
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FCC Complaint Proceedings
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Rulemaking Comments/Evidence/Advocacy
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Substantive Support to State and Federal lobbying efforts
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Policy Development
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Regulatory Compliance
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Audit Planning/Implementation
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Standards Development
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Smart Grid Implementation
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Contract Management
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Collection Actions
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Rate Analysis/Strategies
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Trial and Appellate Work
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Process Development/Implementation
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State Regulatory Proceedings
With the continuous changes in both the legal and business relationships between electric utilities and communications companies, Balch works with clients to manage the regulatory and practical issues that arise. We look for opportunities to maximize joint use revenue and protect the client’s distribution assets (and interests, where applicable) while evaluating the risk/reward of certain actions.
Issues Balch continuously follows include:
- The appellate challenges to portions of the FCC's April 2011 pole attachments order
- The recent surge in state-level pole attachment regulatory activity
- The implementation of the FCC's April 2011 pole attachments order
- The shifting sands in traditional joint use relationships between electric utilities and incumbent local exchange telephone companies
- The renewed focus on pole top wireless antenna attachments, including access parameters and rate development
- The implementation of Smart Grid technologies and its impact on pole attachment issues
- State-level efforts to regulate the rates, terms and conditions of access to poles owned by electric cooperatives and municipalities
- The potential for "new" states to join the list of states which regulate pole attachments
- The regulatory classification of broadband, and broadband enabled service like Voice over Internet Protocol (“VoIP”).
Our Experience
- Contract Negotiation: work with numerous electric utilities on negotiation of joint use and pole attachment agreements, including negotiation with state cable associations on state-wide, uniform agreements
- Rulemaking Proceedings: work with numerous electric utilities on strategy, written comments and ex parte communications in FCC pole attachment rulemaking proceedings
- FCC Complaint Proceedings: work with various electric utilities on defense of FCC pole attachment complaint proceedings, including preparation of written pleadings, evidentiary submissions, participation in FCC mediations and evidentiary hearings
- Trial Court Litigation: work with various electric utilities in state and federal court litigation to recover unpaid/underpaid pole attachment rentals from CATV, ILEC and other attaching entities
- Appellate Work: work with numerous electric utilities on various appeals of pole attachment matters, ranging from appeals of complaint proceeding decisions to appeals of final orders in rulemaking proceedings
- Rate Strategies: work with numerous electric utilities on development of pole attachment and joint use rates for various types of attachments, including both regulated and unregulated relationships