Breaking Through the Red Tape

Navigating the complex landscape of pole permitting and evolving government regulations can be a daunting task for ISPs. To shed light on these challenges and offer expert insights, we sat down with Dustin Heath, Director of Customer Success, Engineering Services at CHR Solutions.

Q: What are the headaches ISPs face with current pole permitting regulations?
A. The biggest challenge is the sheer confusion the FCC’s Rule 80 has created. While it was meant to streamline the pole attachment process, it has led to a patchwork of regulations across states and localities, where authorities are unsure how it aligns with their existing laws. This federal rule grants telecom providers more power, but it has wrought confusion as ISPs are now dealing with a completely new and complex regulatory environment.

Q: What is FCC Rule 80 and how does it work?
A. Rule 80 allows telecom companies to attach their equipment to utility poles faster. Known as “self-help make-ready or One Touch Make Ready (OTMR),” the rule enables telecom providers to manage their own pole preparation when faster project timelines are needed, shifting the engineering process from the pole owners to the attachers.. The intention was to accelerate broadband deployment by letting telecoms handle their own engineering and construction, as long as the pole isn’t considered “complex” (such as “power make-ready” or “pole change-outs”) or unsafe. It’s a game-changer because it streamlines the process and allows ISP providers to bypass pole owners’ timelines in some situations.

Q: How does this impact the pole owners?
A. Pole owners are impacted in terms of overall project timelines and the availability of their Make Ready Engineering and Pole Permitting resources. By allowing attachers to complete the engineering work, these valuable resources are freed up, allowing pole owners to concentrate on traditional pole permitting processes and associated timelines. In theory, this should speed up traditional pole permitting processes as it directs more attention and effort to these critical tasks, ultimately facilitating quicker approvals. 

Q: How are you advising clients on this issue, and what best practices do you recommend?
A. It depends on our clients’ priorities—whether they value time or money more. If time isn’t critical, they can follow the traditional process, which takes about 180 days from application to approval. However, if time is of the essence, we recommend the self-help route, which can reduce the timeline to about 30 days, though it comes with higher costs for engineering and construction. Most pole owners have a list of approved vendors that they direct attachers to for OTMR work. This helps create a more consistent and structured process, as these trusted firms can represent the pole owners' interests while complying with Rule 80. However, since the list of authorized vendors is often small, it can lead to added costs and delays, potentially creating bottlenecks. We recommend securing these firms early to avoid potential setbacks.

Q: Where do you think most providers stand? Are they more concerned with time or cost?
A. In 2024, time is definitely key for most providers. The competitive landscape has everyone racing to build out their networks before competitors or federal programs like BEAD or ACAM encroach on their service areas.

Q: What advice can you offer to ISPs dealing with pole permitting?
A. If you're planning to go aerial with your network, start negotiating joint pole agreements as early as possible. This time-consuming process involving legal teams can stretch out for six months or more. Without these agreements, you’ll face delays from the pole owner when trying to start construction. Get the rental agreements, process details, and maintenance terms sorted out early on to avoid unnecessary delays. In the age of BEAD, everyone will be trying to get access to these pole owners and they only have so many resources to negotiate with. Get in line now and start the process.

Q: Is there a set process for dealing with pole owners?
A. There is not a set process, as it varies depending on who owns the poles. Generally speaking, larger pole owners typically have authorized vendors and more complex permitting processes, while smaller pole owners are normally more flexible with less stringent regulations for attachers. However, each pole owner manages and regulates potential attachers differently, with their own unique processes. It’s advisable to engage with pole owners early on to understand their permitting requirements and determine if they align with your company’s budget and schedule. 

Q: Have there been any surprises with this government ruling? Should we expect conflicts between state and federal regulations?
A. While Rule 80 has been around for several years, we’re now seeing some states, like Maine, for example, codifying these rules into law to eliminate ambiguity. Other states may follow suit. This could lead to conflicts with federal laws.

Q: What should ISPs consider when choosing between aerial and buried construction?A. Historically, aerial construction has been the faster and cheaper option in urban environments. However, rising make-ready costs have shifted this trend, leading many ISPs to place their infrastructure underground in cities. In suburban and rural areas, where poles are less crowded and make-ready costs are lower, ISPs can benefit from the efficiencies of aerial placement while keeping costs manageable. In rural regions, buried construction using a plow remains the fastest and most cost-effective method. Many clients now prefer buried construction to bypass the lengthy pole permitting process, but for those opting for aerial placement, it’s important to find authorized vendors to expedite the process.

Q: Any final thoughts or advice for ISPs dealing with pole permitting and Rule 80?
A. If you are planning to utilize OTMR or “Self Help,” work with authorized vendors early – as availability can make or break your timeline when federal programs like BEAD start rolling out. Be transparent about your project’s scale and timeline with both vendors and pole owners to avoid delays. If you hit roadblocks with a pole owner, consider involving the Public Utility Commission (PUC). Plan ahead.

To stay ahead of the competition and streamline your network deployment, now is the time to take control of your pole permitting process. Reach out to our team at CHR Solutions for expert guidance and proven strategies to accelerate your broadband projects. Contact us today for a consultation to get your project on track!