I have always gotten by with a request for an excavation permit. I know I
can do the CLEC thing if anyone really questions the right to use the ROWs.
But I am a bit known in Utah for having run ILECs off and on for much of 40
years. That might make them not question me but lots of the ROW authority
people do not know me. So far it has not come up.
-----Original Message-----
From: dmmoff...@gmail.com
Sent: Tuesday, February 7, 2023 8:43 AM
To: 'AnimalFarm Microwave Users Group' ; 'syssup'
Subject: Re: [AFMUG] Question for the "borg" about ISP access to ROW
He's probably referring to the reversal of the 2015 Open Internet Order.
I'm sure it's a different answer in different places, but in NY State you
can apply for a Certificate of Public Convenience and Necessity, and the PSC
will grant that to ISP's. That was sufficient for pole and conduit access
with the electric and telco utilities. Honestly I'd go to your PSC or PUC
whatever it is in your state and ask them what's required to get access.
They'll have the definitive answer.
I also found that ROW access for buried cable on local roads is a lot more
loosey goosey than all that. Some municipalities have a one page permit
application....others have no process at all. In one town the DPW told me
"do whatever you want, just don't hit our pipes." County highway
departments control the ROW on our County roads and they're generally easy
to work with too. But again, this is all dependent on your state and
localities, so you have to talk to people in your own area to get the real
story.
I'd also be wary of advice from other ISP's. Sometimes they're wrong. I
know of a few that built their network out of drop cable because allegedly
the elco didn't require any applications for drop cable attachments. The
reality turned out to be that every attachment requires an application, but
they tend to look the other way on service drops because it would be
impractical for all parties otherwise. The catch is that they don't care
about actual service drops, but they care greatly if you're using that good
grace to circumvent the rules. If we listened to those guys we'd be in deep
shit (as they are now). The point is be careful which idiots you're getting
advice from.
-----Original Message-----
From: AF <af-boun...@af.afmug.com> On Behalf Of Larry Smith
Sent: Tuesday, February 07, 2023 10:03 AM
To: AnimalFarm Microwave Users Group <af@af.afmug.com>; syssup
<sys...@ecsis.net>
Subject: [AFMUG] Question for the "borg" about ISP access to ROW
Question for those more in tune than I.
We are working (attempting) with our local electric company for access to
their ROW for some of our fiber and they have stated that the rights granted
ISP's under Title II (telecommunications provider) in 2015 was reversed in
2017 and then in 2018 ISP's were put back as "information" services removing
any Title II rights and reverting them to Title I only. Escentially they
are saying we have to be a LEC or CLEC to get access.
Anyone have a good answer for this ??
--
Larry Smith
lesm...@ecsis.net
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