NEWSReport No. CS 96-77 ACTION IN DOCKET CASE August 6, 1996 COMMISSION ADOPTS REVISED POLE ATTACHMENT RULES TO INCLUDE TELECOMMUNICATIONS SERVICE PROVIDERS IN ADDITION TO CABLE TELEVISION OPERATORS (CS Docket No. 96-166) The Commission has adopted an Order (FCC 96-327) which makes several self- effectuating additions and revisions to the Commission's rules relating to pole attachments. This action implements Section 703 of the Telecommunications Act of 1996 which expanded the scope of Section 224 of the Communications Act of 1934 to include telecommunications providers. As amended, Section 224 ensures reasonable rates, terms and conditions, as well as non-discriminatory access for telecommunications and cable service providers to poles, conduits, and rights of way owned or controlled by a utility. Key elements of the pole attachment Order include: Application of the maximum just and reasonable pole attachment rate formula to telecommunications carriers in addition to cable operators. Equal application of all pole attachment rates to any utility that provides telecommunications services or cable services, including any affiliate, subsidiary, or associate company of a utility. Requirement that any entity that has obtained pole attachment rights will not have to bear any of the costs of rearrangement or replacement of its attachment resulting from the addition or modification made by a new attacher or an existing attacher. This Order conforms Commission rules to meet the statutory requirements of the 1996 Act. The Commission is revising these rules without providing prior public notice and an opportunity for comment because the rule modifications do not involve discretionary action but rather, simply conform the rules to the applicable provisions of the 1996 Act. Action by the Commission August 2, 1996, by Order (FCC 96-327). Chairman Hundt, Commissioners Quello, Ness and Chong - FCC - News Media Contact: Morgan Broman at (202) 418-2358 Cable Services Bureau Contact: Michael T. McMenamin at (202) 418-7200