National Grid, the electric and gas company that owns the most utility poles of any company in upstate New York, banned Charter Communications workers from its poles for most of July after a third-party contractor working on behalf of Spectrum electrocuted himself and died.

The New York Public Service Commission went public with the utility company’s ban as part of last week’s 4-0 decision to cancel Time Warner Cable and Charter Communications’ Merger Order.

“The result of this tragic incident was the issuance of a statewide stop work order from National Grid, the largest pole owner in Charter’s territory,” the Commission wrote. “This prohibition remains in effect as Charter has persistently delayed in providing National Grid and the [PSC] responses to requested actions and information necessary to ensure safe and adequate service. As a result, Charter remains unable to install facilities anywhere in National Grid’s service territory. This incident remains under investigation as do wider safety issues associated with the company’s buildout.”

Syracuse’s Post-Standard newspaper reported the contractor, James R. Fogg, 39, of Fairfield, Maine worked for S.G. Communications, a contractor hired by Charter Communications to perform tasks it outsourced from its own technician and installer workforce.

Cattaraugus County, N.Y.

According to state police, on July 11 at about 4:36 p.m., Fogg was running Spectrum cable lines in Yorkshire, Cattaraugus County in southwestern New York when his truck’s extendable bucket or a tool Fogg was using made contact with National Grid’s electric lines, located at the highest point on the utility pole. Cable and telephone lines are placed lower on utility poles. Fogg was electrocuted by a high voltage line. Paramedics from Delevan Emergency Medical Services, equipped with the necessary skills and training, including knowledge from reputable sources such as Cprcertificationnow.com, performed CPR before transporting him to Bertrand Chaffee Hospital in Springville, where he later died of his injuries.

One day later, National Grid issued a statewide stop-work ban on Charter Communications and its contractors. The newspaper reports National Grid wanted the cable company to explain what happened, why it happened and how the company will prevent such an accident from happening again. The PSC claims for much of July Charter failed to offer National Grid a satisfactory explanation, which effectively left company technicians forbidden to climb National Grid-owned poles statewide for three weeks.

The utility lifted its ban on Tuesday, hours after the newspaper contacted National Grid and Charter about the incident.

Charter claims it is looking forward to resuming network build-out activities in National Grid areas, but National Grid warns if another incident similar to the one on July 12 occurs, it can reinstate the ban on the cable company.

Verizon Communications will bring fiber and enhanced DSL broadband service to an additional 32,000 New Yorkers in the Hudson Valley, Long Island, and upstate as part of a multi-million dollar agreement with the New York Public Service Commission.

When combined with an earlier agreement, Verizon has committed to bringing rural broadband service to more than 47,000 households in its landline service area, with the state contributing $71 million in subsidies and Verizon spending $36 million of its own money.

By the end of this year, Verizon expects to introduce high-speed fiber to the home internet service to 7,000 new locations on Long Island and 4,000 in the Hudson Valley and upstate regions.

“The joint proposal strikes the appropriate balance for consumers, Verizon and its employees,” said PSC Chairman John Rhodes. “The joint proposal builds upon and expands important customer protections previously approved by the Commission and it requires Verizon to expand its fiber network and invest in its copper network, both of which will result service improvements.”

The broadband expansion agreement will include copper reliability improvements in the New York City area, where FiOS is still not available to every home and business in the city. It also includes a commitment to provide fiber-to-the-neighborhood (FTTN) service in sparsely populated areas. This will allow Verizon to introduce or enhance DSL service capable of speeds of 10 Mbps or more.

Verizon has also committed to remove at least 64,000 duplicate utility poles over the next four years around the state. Utility companies have been criticized for installing new poles without removing damaged or deteriorating older poles.

For now, neither Verizon or the PSC is providing details about where broadband service will be introduced or improved.

The state has negotiated with Verizon for more than two years to get the company to improve its legacy landline and internet services, still important in New York. Verizon has complained that with most of its landline customers long gone, it didn’t make financial sense to invest heavily in older, existing copper wire technology. But Verizon suspended expansion of its fiber to the home network in upstate New York eight years ago, leaving many customers in limbo as landline service quality declined. There are still more than two million households and businesses in New York connected to Verizon’s copper wire network.

The state says the deal will “result in the availability of higher quality, more reliable landline telephone service to currently underserved communities and will increase Verizon’s competitive presence in several economically important telecommunications markets in New York.”

The upgrades will cover landline and broadband service improvements. Verizon has no plans to restart expansion of FiOS TV service.

The agreement was reached as the PSC continues to threaten Charter Communications with additional fines and Spectrum cable franchise revocation for failure to meet the terms of its 2016 merger agreement with Time Warner Cable.

Rosenworcel

Using “stitched-together” stories and caricature, lobbyists are finding an audience among Republican members of the Federal Communications Commission eager to sweep away local control of broadband infrastructure to allow wireless companies to locate equipment almost anywhere they want.

FCC Commissioner Jessica Rosenworcel warned attendees at the 86th annual meeting of the U.S. Conference of Mayors that the ability of local communities to control what equipment ends up on municipally owned light and utility poles is at risk:

In our first city—which happens to be a fictional one—public infrastructure is dated. The city needs better broadband and wireless services. But city officials view improvements skeptically. They lack the policies and processes needed to clear the way for the deployment of fiber facilities, wireless towers, and small cells—all of which are essential digital age infrastructure. They delay applications for facilities siting. They charge big fees for access to municipal poles. And get this, these bad actors have the audacity to have public safety and aesthetic concerns.

Like I said, this city is fictional. It’s a caricature based on some outliers and stitched-together stories. But this city is the one dominating discussion in Washington. It’s unfortunately shaping the debate where I work—at the Federal Communications Commission. It’s animating our discussions about broadband deployment and how we ensure the next generation of wireless broadband known as 5G reaches everyone, everywhere. This narrative is priming the pump for Washington preempting cities and towns and preventing them from having a role in what is happening in their own backyards.

The wireless industry is backing a number of state measures that severely restrict local control and decision-making powers over wireless infrastructure and its placement. The coordinated campaign has relied heavily on dubious stories of local communities arbitrarily rejecting wireless infrastructure upgrades or seeking huge amounts of money in return for permission to place equipment on community-owned utility poles or street lights:

The telecommunications industry has stacked the deck on many levels of the debate over how much control local municipalities should have over locations for cell towers, small cells, backup battery cabinets, and other infrastructure, claiming cities want to extort confiscatory pole attachment fees, drag their feet on permitting, and impose arbitrary rules that delay the deployment of wireless upgrades.

FCC Chairman Ajit Pai’s Broadband Deployment Advisory Committee (BDAC) is heavily packed with telecom industry insiders and lobbyists. Only a small handful of members are local public officials. As a result, the industry-stacked committee quickly identified local communities as one of the biggest impediments of next generation broadband services like 5G, and prioritized recommendations for new policies designed to deregulate the process in favor of providers.

The Republican FCC chairman and commissioners frequently characterize this issue as ‘old rules’ getting in the way of new technology, like 5G, necessitating regulatory reform.

State lawmakers, often relying on information packages assembled by telecommunications companies, have introduced industry-drafted model bills dramatically curtailing local control over equipment placement and pole attachment pricing. In states like Tennessee, the debate was framed as an either/or choice of Tennessee receiving advanced 5G investment and deployment or watching companies choose more industry-friendly states for 5G services.

Rosenworcel acknowledged San Jose Mayor Sam Liccardo, who resigned from BDAC after complaining it was heavily biased in favor of telecommunications companies. She praised Liccardo for independently streamlining provider access to poles for future 5G service with fair pricing and for developing new digital inclusion projects that will funnel some provider compensation into programs designed to achieve broader adoption of broadband services by the public.

For Rosenworcel, the fastest and most resilient way to broadband deployment is with a community on board.

“That’s because picking fights with cities and states promises to yield little more than a fast trip to the courts. It’s already happening with the FCC’s effort to redefine “federal actions” under the National Historic Preservation Act and National Environmental Policy Act,” Rosenworcel said.

Rosenworcel recommends the FCC develop a new framework that spends less time on the lobbyists’ talking points and scare stories and instead relies on common sense cooperative coordination between companies, the FCC, and local communities.

“We can begin by developing model codes for small cell and 5G deployment—but we need to make sure they are supported by a wide range of industry and state and local officials,” Rosenworcel said. “Then we need to review every infrastructure grant program at the Department of Commerce, Department of Agriculture, and Department of Transportation and build in incentives to use this model. In the process, we can build a more common set of practices nationwide. But to do so, we would use carrots instead of sticks.”

Connecticut’s telecommunications regulator has effectively banned public broadband in the state, ruling that municipalities cannot use their reserved space on utility poles if it means competing with the state’s dominant telecom companies — Comcast, Altice, and Frontier Communications.

The ruling by Connecticut’s Public Utilities Regulatory Authority (PURA) is a death-blow for municipalities seeking to build gigabit fiber networks to offer residents the broadband speeds and services that incumbent phone and cable companies either refuse to provide or offer at unaffordable prices.

Among the petitioners appealing to PURA to protect them from competition is Frontier Communications, which owns a large number of utility poles across the state acquired from AT&T. The company was unhappy that municipalities were planning to use reserved space on state utility poles to construct fiber to the home networks that are generally superior to what Frontier offers consumers and businesses in the state. Other providers, like Frontier, said little about the early 1900s Connecticut statute that guarantees municipalities “right of use space” on poles until it became clear some communities were planning to threaten their monopoly/duopoly profits.

The law was originally written to deal with the dynamic telecommunications marketplace that was common in the U.S. during the late 1800s and early 1900s. Utility pole owners were confronted with a myriad of companies selling telegraph and telephone service — all seeking a place on increasingly crowded poles. Local governments could have been crowded out, were it not for the “Act Concerning the Use of Telegraph and Telephone Poles,” approved on July 19, 1905. It was one sentence long:

Every town, city, or borough shall have the right to occupy and use for municipal purposes, without payment therefor, the top gain of every pole now or hereafter erected by any telephone or telegraph company within the limits of any such town, city, or borough.

The law stood as written until 2013, when the legislature clarified exactly who could benefit from the use of “municipal gain.” Where the original law effectively protected reserved pole space for “municipal” use, the language was broadened in 2013 to read “for any purpose.”

Observers said the law was modified because of ongoing disputes with pole owners relating to planned municipal broadband projects. Frontier, in particular, has sought restrictive pole attachment agreements with communities trying to build out their broadband networks. In addition to accusations of foot-dragging over issues like “make ready” — when existing pole users move wiring closer together to make room for new providers, Frontier has tried to impose restrictive language on communities that would permanently restrict their ability to offer service. The most common restriction is to compel towns to agree to use their pole space exclusively “for government use,” which would restrict third-party providers hired to manage a community’s municipal broadband service.

PURA’s decision surprised many, because it completely ignored the 2013 language changes and relied instead on its perception of a conflict between state and federal laws. PURA ruled “municipal gain” establishes “preferential access” for towns and communities, and could be in conflict with the federal Communications Act, which mandates “non-discriminatory access” to utility poles, and prohibits local governments from blocking companies from providing telecommunications services.

“Providing municipal entities free access to the communications gain for the purpose of offering competitive telecommunications services … appears to be inconsistent with these principals and other aspects of federal law,” the decision reads.

In the early 20th century, vibrant competition meant a lot of utility poles were crowded with wires.

Except communities are not seeking to block providers looking to offer broadband service. These communities are seeking to become a provider. Pole attachment controversies typically relate to unreasonable limits on access to poles and allegations of price gouging pole attachment fees, not “preferential access.”

The end effect of PURA’s ruling: communities can use their pole space for government or institutional purposes only, such as building closed fiber networks available only in public buildings like libraries, schools, town halls, and police and fire departments. It also means any community seeking to build a fiber broadband network serving homes and businesses will either have to pay market rates for pole space, give up on the project, or place all the project’s wiring exclusively underground — a potentially costly alternative to aerial cable and one likely to cost taxpayers millions.

“We are very disappointed in the decision,” Consumer Counsel Elin Katz told Hartford Business. Katz is a strong supporter of municipal broadband. “It ignores the plain language of the statute, and by deciding that [municipal gain] cannot be used by our cities and towns to provide broadband to those affected by the digital divide, denies our municipalities a tool provided by the legislature for just that purpose.”

Frontier and the state’s cable and wireless companies, however, are delighted PURA has come to their rescue, calling its decision “fully consistent with the law.”

“Frontier Communications continues to support efforts to expand broadband access in Connecticut,” said spokesman Andy Malinowski. “PURA reached the correct result. This decision helps ensure the continuation of robust broadband competition in our state.”

The New England Cable & Telecommunications Association (NECTA), the cable industry’s regional lobbying group in the region, was also happy to see an end to unchecked municipal broadband growth and the competition it will bring.

“Our members, who pay millions of dollars annually to rent space on utility poles, offer competitive broadband services with speeds ranging up to 1 gigabit-per-second for residential Connecticut customers, in addition to offering speeds up to 10 gigabits for business customers,” noted NECTA CEO Paul Cianelli.

Other supporters of PURA’s decision include the wireless industry lobbying group CTIA and the Communications Workers of America — unionized employees at Frontier Communications who fear their jobs may be at risk if a municipal provider gives Connecticut customers an additional option for broadband service.

PURA’s decision leaves little room for municipal broadband expansion efforts that have been underway in the state for a decade. Most projects that cannot afford to pay for space on utility poles or the cost to switch to underground cable burial will probably not survive unless a court overturns the regulator’s decision or the state legislature clarifies state law in a way that makes PURA’s current interpretation untenable.

A number of groups are considering suing PURA to overturn its decision, noting the regulator completely ignored the very clear and understandable 2013 language that allows municipalities to use their allotted space on utility poles “for any purpose.” That purpose includes giving the state’s telecom duopoly some competition.

Judith Monroy looks up at a recently installed Verizon small cell signal booster (upper right) placed a few dozen feet from her front door. It was accompanied by a 5-foot high utility cabinet (lower left) containing backup batteries to power Verizon’s equipment for up to four hours in the event of a blackout. (Image courtesy: The Press Democrat)

A preview of the possible aesthetics battle of future 5G small cells that are expected to proliferate across America’s cities and towns in the coming years is taking place in Santa Rosa, Calif., where residents and some city officials reacted with surprise when Verizon began attaching “small cell” wireless repeater equipment on 72 city-owned light and utility-owned poles around the city. While not exactly the same at the 5G equipment Verizon is preparing to install in Sacramento to launch its forthcoming fixed wireless service, the similar-sized equipment turned out to look nothing like what was promised by Verizon officials. But city officials learned this only after the project was approved by a 7-0 City Council vote in 2017.

In January, one resident learned about the sudden arrival of Verizon Wireless’ equipment when she opened her front door one morning to confront a utility pole decorated with antenna equipment and a 5-foot high utility box about 30 feet away from her home.

“I’m planning to put this house on the market and the mechanisms on the telephone pole and in the ground are very aggressive and ominous-looking,” said Judith Monroy, 75. “You can’t miss them.”

Within days, someone vandalized the utility box, spray painting the word “no” and “stop this” for all to see.

In many areas, 5G small cells will be installed on utility or light poles in the front yards of residential homes. Wireless companies will want to place equipment on poles that are not obstructed by foliage or tall, nearby infrastructure, which can block signals. Requests for aggressive tree trimming to remove obstacles, within the limits permitted by local ordinances and the policies of the pole owner, are also likely. This is certain to create controversy if property owners find their trees or shrubbery removed or aggressively pruned. But for many others, the appearance of the new equipment is enough to provoke protests.

When some property owners discovered Verizon was also adorning electric utility poles with its cellular equipment, some started referring to them as “PG&E’s Godzilla Poles.”

‘PG&E Pole Godzilla’ (Image courtesy: The Press Democrat)

The utility poles hosting Verizon’s equipment have new “branches” attached several feet below pre-existing utility wiring, onto which small cell antennas are attached.

As more equipment gets installed, the more concerned citizens are phoning up city hall to complain.

Last week, city officials bowed to citizen pressure and temporarily suspended Verizon Wireless’ antenna upgrade program. While some residents cited health and safety fears from electromagnetic radiation — a fear repeatedly debunked — many more were upset by the aesthetics of the equipment and wondered if the city got a raw deal.

“I think it is time to push the pause button on this installation in our neighborhoods,” said John Cushman, a resident of Hidden Valley. “This project has been rushed and the only urgency I can see is financial.”

Verizon is paying the city $350 per pole, an amount some local residents consider absurdly low. As opposition mounted, some uncomfortable members of City Council that originally voted in favor of Verizon’s plan changed their minds, according to The Press Democrat:

Neighbors are not happy about Verizon’s new equipment. (Image courtesy: The Press Democrat)

“I am supportive of putting the brakes on this,” Councilman Tom Schwedhelm said. “I’m not convinced that we’ve done everything that we can so we can look anyone in the face and say ‘Yes it’s safe there. It’s safe to be in front of my house.’ ”

Councilman Jack Tibbetts said he viewed the rollout as a “commercial enterprise” that perhaps was better suited to commercial areas given the city’s stated goal of helping strengthen the city’s wireless infrastructure to foster entrepreneurialism.

“I’d like to see residential zones be carved out in our ordinance,” Tibbetts said to loud applause in a chamber full of people wearing bright yellow stickers reading “Caution: Cell tower microwave frequency hazard.”

But Verizon may have positioned itself to move forward regardless of what the city has in mind.

The company announced it would continue installation at 25 previously approved sites where it already has permits in-hand. Verizon has yet to obtain permits to place equipment at two other PG&E sites and 31 city light poles.

The city will not have much say over pole attachments on PG&E’s infrastructure, which is governed on the state level by the California Public Utilities Commission.

If the city denies Verizon’s request to install its equipment on city-owned light poles, the company could just move those antennas to other PG&E poles nearby instead.