Tag Archives: pole attachment

FCC promises more of the “P-word” – preemption – in 2020

by Steve Blum • , , , ,

Line to see pai ces 7jan2020

Due to the nature of the program, you’re going to have to go through metal detectors.
CTA staffer to long queue waiting to see Ajit Pai.

Ajit Pai made his first appearance at CES as chairman of the Federal Communications Commission yesterday, sitting down for a talk about the coming year with Gary Shapiro, the CEO of the show’s organiser, the Consumer Technology Association. Much of the conversation was about 5G infrastructure, and the public policy that surrounds it.

More preemptions of local and state authority over wireless sites, utility poles and the use of the public right of way are on the FCC’s agenda. Pai reiterated his belief that wireless policy should be made at the federal level, including policy that’s traditionally in the hands of states and local governments.

“We want to see a consistent, easy to understand set of regulations that anyone can innovate around”, Pai said. Mobile carriers and infrastructure companies want “a consistent level of regulation” as they build out 5G networks. Which means rules should be set by the FCC and not state legislatures or city councils. Pai intends to “encourage” state and local governments to approve permit applications small cell sites and other wireless facilities. “Multiple layers of government” are “not conducive to infrastructure investment”, he said.

His wingmen in the FCC republican majority echoed his comments. Commissioners Michael O’Rielly and Brendan Carr, along with democratic commissioner Geoffrey Starks, took part in a panel discussion later in the afternoon at the Las Vegas show. O’Rielly put it bluntly…

It’s not just small cells. It’s going to mean more macro towers. That means dealing with difficult issues on placement when states and localities want to either extract too much money or try to dictate what services will be offered. That’s problematic and I’ve been talking about this for a long time. It does come with the P-word, which is – it requires preemption. And that is something the commission is going to have to continue to do.

Cities and counties should expect more “bold actions”, as Carr put it, from the FCC.

February oral arguments set for appeal of FCC pole ownership preemption

by Steve Blum • , , , ,

Los angeles streetlight cell 1 23oct2019

We might know by next summer if local governments will be able to lease public property, such as street lights, at fair market rates to private wireless companies, or whether those rates will be capped at $270 per pole per year.

The challenge by cities and counties to the Federal Communications Commission’s preemption of local ownership of public assets in the public right of way, and control of the public right of way itself, will be heard in Pasadena in February. The San Francisco-based ninth circuit court of appeals scheduled oral arguments for 10 February 2020. The judge-shopping appeals filed by mobile carriers will be heard at the same time.

It should be possible to watch the arguments live via the ninth circuit’s website or watch a recording later.

There’s no particular deadline for a decision by the ninth circuit, but three to six months would be a reasonable guess. So maybe in the May to August time frame?

The ninth circuit is allowing a total of eighty minutes for arguments. Cities and counties will get 20 minutes to make their case. Often, allocated time is eaten up by questions from the judges. The FCC will have 20 minutes to defend its ruling, then mobile carriers get their turn and the FCC has another 20 minutes to respond.

One question that won’t be answered until shortly before the hearing is who is hearing it? The ninth circuit will choose a panel of three appellate judges, which might include some on temporary duty, to listen to arguments and decide the case among themselves. Usually, that ends up being the final decision, although appeals the losing side can ask that it be reviewed by all the judges assigned to the ninth circuit, and/or appeal to the federal supreme court. But historically, fewer than 1% of the ninth circuit’s rulings are taken up by the supreme court.

Political dreams, not business sense drive plan for public takeover of PG&E

by Steve Blum • , , , ,

Glinda the good witch

It’s not a co-op, despite being “customer owned”. It’s not a utility district or a municipal utility, despite operating “as though it were a public agency”. And it’s certainly not a profit making company. Which leaves wide open the question of what kind of organisational beast San Jose mayor Sam Liccardo and 113 other northern California elected officials think will take over Pacific Gas and Electric’s operations and assets.

The group released a set of “operating principles” for a new, quasi-public entity that would replace PG&E. Key details are missing, including where the money is coming from – bankruptcy judges aren’t in the habit of giving something away for free when others are willing to pay for it – and whether they want PG&E’s natural gas business too.

It’s an all things to all people proposition. Somehow, this new utility will have oversight responsibility for community choice aggregators, which are local governmental agencies – joint powers authorities – that buy electricity and manage customers, via PG&E, in some California cities and counties. But it will have “‘private’ entity legal status” as a “customer-owned utility”. Which makes it sound like a traditional electric cooperative, except that “excess revenues will be re-invested into the communities” it serves, and not rebated to the customers who own it, as co-ops do.

The group’s manifesto includes a long wish list of other goodies the new utility will bestow upon people and public agencies in PG&E’s service territory, such as prioritising capital investment to “prevent wildfires, reduce public safety power shutoff events, and improve overall system reliability”, and “maintaining and growing a skilled workforce” that will improve safety and reliability, as well as customer service. They seem think it’s possible to do all that, while improving “affordability” and offering “options to reduce costs for all ratepayers”.

That would be a neat trick. But it’s only possible to make those kinds of promises when the only cost involved is the price of a press release. Public ownership of monopoly utilities is worth considering, but it’ll only work if the owners – tax payers – are willing to back it financially and if the people running it focus on the tough business of delivering service.

Large scale telco, cable and mobile service outages follow California power cuts

by Steve Blum • , , , ,

Cell site outages 28oct2019

Hundreds of thousands of Californians lost their wireline broadband and phone service over the past week, as the state’s major electric utilities cut off power to millions of people in an attempt to prevent wildfires from breaking out. Mobile broadband and telephone subscribers were equally hard hit, with one county – Marin – losing more than half of its cell sites at one point.

The Federal Communications Commission has been tracking wireline and mobile service outages since last Friday, when the power cuts were hitting hard in Pacific Gas and Electric’s northern California territory, and public safety power shutoffs were beginning to bite in the southern California service areas of San Diego Gas and Electric and Southern California Edison. I’ve compiled all of their reports through yesterday into a single document, which you can download here.

From a telecoms point of view, the outages were at their peak on the FCC’s Sunday morning (0830 California time, 28 October 2019) report. At that time 455,000 telco and cable subscribers in 32 counties were without their landline connections and 3.3% of the total number of cell sites were down.

Some counties were hit much harder than others. Marin County lost 57% of its cell sites, while there were no reports of cell site outages in Santa Barbara County. Calaveras, Humboldt, Lake, Napa, Santa Cruz and Sonoma counties lost between 19% and 39% of cell sites.

It’s not clear what the wireline outage figure represents. Participation in the FCC’s disaster reporting system is voluntary. The list of willing companies hasn’t been made public and there’s no way of knowing if all of the telephone and cable companies in those counties are cooperating. The reports from the ones that are cooperating are based on “communications infrastructure status and situational awareness information” and “network outage data”. Which might not include all, or maybe even most, of the households and businesses which are offline because their equipment – cable and DSL modems, for example – don’t have backup power. The network might be fully functional, but if customer premise equipment is down, then service is too.

So that 455,000 customer wireline outage figure might be low.

Samsung’s 5G small cell in a box solves aesthetics problems, for some people and some applications

by Steve Blum • , , ,

Samsung 5g 28ghz unit 22oct2019

The most interesting thing on the exhibit floor at the Mobile World Congress trade show in Los Angeles might have been the dullest. Because it was so dull.

Samsung introduced a 28 GHz 5G small cell unit that packs antennas and electronics into a small, anonymous box that can be strapped to, say, a streetlight pole. According to a Samsung rep at the show, Verizon has already signed up to buy it.

As small cell facilities go, the box is tiny – two-thirds of a cubic foot, or about the size and shape of a toolbox. Something like half the volume is taken up by cooling fins, which are shrouded from view on three sides. The cellular antennas and radio gear are packed into the remaining space, with only a silver dollar sized GPS antenna poking out of the top. Samsung’s reps said installing it is as easy as bolting it to a pole and plugging in electric and fiber optic cables.

Keep in mind, though, what it is and what it isn’t.

It is a high bandwidth, millimeter wave cell site that meets 5G specs in a small package (Samsung claims it can deliver broadband at 10 gigabits per second). Presuming it works as advertised, it’s a solution for a particular set of circumstances.

It isn’t a revolution in small cell engineering or solution that’ll work in all, or even most, circumstances. The frequency band it’s designed for – 28 MHz – is just one of many that mobile carriers use. Most are lower frequency bands that require bigger antennas – millimeter waves use millimeter antennas, which makes it easier to cram everything into one box. Different bands and applications can also have different power requirements. A small cell site designed for another band will probably look different. Particularly if it’s intended to serve 4G as well as 5G customers, which this Samsung unit isn’t.

Even so, Samsung’s fully integrated small cell unit is an important benchmark for the industry. Making small cells smaller and duller will go a long way toward overcoming aesthetic objections and meeting mechanical design standards. The more small cells look like the photo above, and the less they look like the photo below, the easier everyone’s job will be.

Small cell olympic blvd 22oct2019

Contrasts of competence as California assesses power cuts and utility pole route management

by Steve Blum • , , , ,

Pge outages 9oct2019

California’s privately-owned electric utilities and their regulators have a long and difficult job ahead as they try to figure out what was good and what was bad about last week’s massive wildfire prevention power cuts. Their eventual conclusions will have a significant impact on how utility pole routes are managed in California, including possible new, and more costly, design standards, and budgets for maintenance and wildfire prevention. Those costs will ultimately be shared with telecommunications companies that also use those poles.

The only major private electric utility that appears to be squarely in the good column is San Diego Gas and Electric. They shut off power to 395 customers, had them restored by Friday afternoon and did not start any fires. An excellent article in the Los Angeles Times by James Rainey and Joseph Serna details the operational, grid design and maintenance decisions SDG&E has made, and successfully implement, over the past decade.

The contrast with Pacific Gas and Electric is stark…

San Francisco-based PG&E is struggling to catch up with San Diego Gas & Electric Co., which has become California’s recognized leader in forecasting fire danger, tailoring narrow outages for the most endangered neighborhoods and communicating the emergencies with the public, a top state regulator said.

“Those have been three pillars of success for SDG&E, and they are currently sources of failure for PG&E,” said Elizaveta Malashenko, deputy executive director for safety policy at the California Public Utilities Commission.

PG&E took a much blunter approach, cutting power to 738,000 customers in 34 counties across northern and central California. A customer is reckoned as a home or business – at least two million people were affected. Two dozen or more transmission lines – major, high voltage lines that feed regional and local distribution grids – were shut down. Full service wasn’t restored until late Saturday.

Whether or not it was necessary to cut off so many customers is a question that will be debated for months, if not years. What’s not in doubt is that PG&E completely fumbled public communications and poisoned relationships with the public, as well as state regulators and elected officials. Both CPUC president Marybel Batjer and California governor Gavin Newsom excoriated PG&E’s management and performance, even while conceding the necessity of “public safety power shutoff events”. The PG&E website was largely useless, and in some cases completely unavailable, and much of the information that did get out was inaccurate.

On the other hand, PG&E has not been implicated in any of the (relatively) small wildfires that broke out during the days of high winds and low humidity. To that extent, PG&E’s wildfire prevention efforts were successful.

Southern California Edison might not be as lucky. Although SCE won qualified praise for planning and executing its wildfire prevention program last week, its equipment might have been the cause of a major fire that began on the northern edge of the City of Los Angeles, and had spread through nearly 8,000 acres as of last night. Eyewitnesses said the Saddleridge fire began at the base of an SCE transmission tower, on a line that was still electrified. The LA fire department is treating those reports as credible, but its arson investigators have not reached any conclusions about the cause.

SCE shut off power to 24,000 customers, and restored power to all but four last night.

Broadband deployment will be more rigorous and costly in California, following U.S. supreme court ruling

by Steve Blum • , , , ,

Southern California Gas and Electric can’t pass on wildfire costs to ratepayers. The federal supreme court declined to hear SDG&E’s appeal of a California Public Utilities Commission decision that put some of the burden of a 2007 series of wildfires on company shareholders. California’s strict “inverse condemnation” law requires utilities to bear the full cost of any damage when their pole routes, or other equipment in the right of way, is even partially to blame. Monday’s decision lets that principle stand. As a result, electric utilities will spend more on pole route maintenance and be tougher on inspections and standards enforcement.

Some of those additional costs, and all of the added rigour, will land on telephone, cable and other broadband companies that occupy space on utility poles.

According to a Los Angeles Times article by Rob Nikolewski,

Investigations into the causes of the Witch, Guejito and Rice fires — three of the worst wildfires in a devastating firestorm that befell San Diego County in October 2007 — found they were sparked by SDG&E equipment that had not been properly maintained.

The three fires combined to kill two people, injure 40 firefighters and destroy 1,300 homes…

SDG&E spent $2.4 billion to resolve more than 2,000 lawsuits related to the 2007 wildfires, but it insisted the blazes were ignited by factors it could not control — including extreme Santa Ana winds, a lashing wire owned by Cox Communications that hit an SDG&E power line and a tree limb that fell onto an SDG&E line due to high winds.

Properly maintained or not, SDG&E’s equipment was in the chain of events that led to the Guejito fire. So was Cox’s line, but even though it was the trigger, the California Public Utilities Commission tagged SDG&E with responsibility: it should have known that the cable company’s line was too close to its electrical line. According to investigator’s measurements, the two lines were separated by a bit more than three feet, instead of the six feet required by CPUC rules.

Cox ended up reimbursing SDG&E for a relatively small fraction of the $2.4 billion in liability claims that were paid out as a result of the three fires. But that was between the two companies; as applied by the CPUC and courts, California’s law put the liability burden on SDG&E.

The same legal principles apply to Southern California Edison and Pacific Gas and Electric, California’s other two major investor owned electric utilities. They’ve lagged behind SDG&E’s wildfire prevention efforts, and are now playing catch up. The result will be higher levels of maintenance work and more rigorous inspections of pole routes, among other things. The cost of all of that – time, effort and money – will eventually be shared with telecoms companies. Deploying and maintaining broadband infrastructure in California will only become more expensive.

Federal court fast not-so-slow tracks appeals of FCC’s preemption of local pole ownership

by Steve Blum • , , , ,

The good news is that the appeal of the Federal Communications Commission’s preemption of local ownership of streetlight poles will be fast tracked. The not so good news – which isn’t exactly news to people who follow such things – is that fast is a relative term.

An order issued yesterday by the ninth circuit federal appellate court in San Francisco granted a request “to expedite oral argument” in the case, made by dozens of local governments. What that means is that the court is looking at “dates for February 2020 and the two subsequent…months” for those arguments to happen.

The judges hearing the case will also have to decide whether to handle everything at once, or break it up into more manageable bits. The primary case involves two decisions made by the FCC last year, both dealing with the way state and local governments manage access to roads and anything else considered to be the public right of way, and the degree of ownership control they can exercise over structures, such as light poles or traffic signals, they install there. One decision dealt mostly with deployment of wireline telecoms infrastructure, the other with wireless facilities.

One issue that’s particular to municipal electric utilities – whether federal law allows the FCC to regulate their utility poles – was separated out earlier. The cities and counties litigating the main case asked for arguments for and against one touch make ready rules for privately-owned utilities to be heard separately. Yesterday’s order said the three judge panel will sort that out later.

Assuming that oral arguments happen sometime between February and April, and the judges issue a decision in a three to six month time frame (typical, but it could be longer or shorter), then we won’t know if the FCC’s decisions will stand until this time next year. That’ll add to the uncertainty faced by cities as they try to manage the expected avalanche of permit applications for small cell facilities and associated fiber optic installations.

Cities ask federal court to speed up review of pole ownership preemption, FCC says keep it slow

by Steve Blum • , , , ,

La small cell

Local governments from around the U.S. asked the federal appeals court in San Francisco to speed up consideration of their challenge to the Federal Communications Commission preemption of local ownership and control of the public right of way and assets located in it, such as street light poles and traffic signals.

In a motion filed last month, they told judges that on the one hand, disputes are piling up, and on the other, the FCC is aggressively pushing ahead…

First, there are several other cases progressing through the lower courts that will be affected by the outcome of this appeal…Delay in resolution will simply complicate the work of district courts and Circuit Courts of Appeal throughout the country, as more applications are filed and more disputes arise.

Second, this appeal is a matter of great importance to virtually every locality in the nation. While this appeal is pending, Local Government Petitioners and Supporting Intervenors and similarly situated parties are confronted with uncertainty as to how to develop and apply local standards for small cell deployment, which is rapidly occurring…

Third, the Commission is not waiting for this Court to decide the validity of the Orders challenged on appeal. In fact, the Commission is currently building on those Orders, which makes possibly unwinding them all the more difficult.

The FCC opposes anything that would speed up what increasingly looks like a case it will lose. Its response says, in effect, there’s no reason to hurry, because any problems that are created can be fixed later. That was the gist of a ruling earlier this year by federal appellate judges in Denver, just before they handed everything off to their colleagues in San Francisco.

That’s a line of argument that might apply equally well to the FCC’s preemption orders, which also set tight deadlines for action on permit applications filed with local government by telecoms companies.

PG&E pole attachment shot clock ready for another CPUC vote

by Steve Blum • , , ,

Fiber attachments 625

The do-over of a settlement resolving a utility pole attachment dispute between Pacific Gas and Electric and Crown Castle is queued up at the California Public Utilities Commission. The original settlement was drafted by administrative law judge Patricia Miles and approved in March. But commissioners reversed the decision due to procedural mistakes, and told Miles to fix those errors try again. She did, and the new draft is the same as the old one.

If approved, the imposed settlement gives PG&E forty five days to “provide a response” to a pole attachment request from Crown Castle. If there’s no response, Crown Castle can go ahead with its proposed work. “Response” is not defined, but typically it means a yes or no answer, including any specs for work that’s needed to make the pole ready for a new line to be attached. Whether PG&E’s lawyers go with the typical meaning or try to craft one of their own remains to be seen.

The draft also bakes in the rejection of Crown Castle’s original request to be allowed to buy attachment space on PG&E’s poles, rather than just lease it. PG&E’s practice is to either sell ownership of the entire communications zone – the segment of the pole that’s high enough off the ground and sufficiently beneath electric lines – or lease it by the foot. Typically (there’s that word again) AT&T or another incumbent telco buy the entire zone and manage it under private joint pole rules that are, in theory, friendlier to telecoms companies. Crown Castle wanted those privileges for its one-foot of pole space, but didn’t want the responsibility of managing the entire zone.

PG&E opposes the changes proposed by Miles. It doesn’t like the way it was handled – the dispute between the companies was fast tracked as an arbitration, rather than a typical, and lengthy, litigation – and it objects to what it characterises as special treatment given to Crown Castle.

Crown Castle generally endorsed Miles’ decision, albeit after making clear that they think they should have been given the right to buy space by the foot on poles, and after asking for one change – removal of a requirement that they provide two days notice to PG&E before doing work on poles.

The commission is scheduled to vote on the proposed settlement at its meeting next week, but don’t be surprised if it gets bumped. PG&E and Crown Castle have one more round of comments to file, and if any of their arguments gain traction with Miles or commissioners, then new language would have to be drafted.