July 22, 2018 VIA ECFS. Marlene Dortch Secretary Federal Communications Commission th Street, SW Washington, DC 20554
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1 July 22, 2018 On July 19, 2018, the undersigned from INCOMPAS met with Jay Schwarz, Wireline Advisor, Justin McCuen and Kevin Costelli of Chairman Pai s office, concerning the abovereferenced proceeding. INCOMPAS supports adoption by the Commission of the one-touch, make-ready ( OTMR ) process for pole attachments proposed in the draft Third Report and Order, and the draft Declaratory Ruling, in the above referenced proceedings. decision, in the draft Third Report and Order, that the benefits of OTMR should not be subverted by binding new attachers choice in contractor by the private agreements of existing attachers or subjecting them to a federally-imposed indemnification provisions. INCOMPAS also supports the draft Declaratory Ruling that state and local moratoria generally violate section 253(a). cc: Jay Schwarz
2 July 26, 2018 On July 24, 2018, the undersigned from INCOMPAS met with Erin McGrath, Legal Advisor to Commissioner O Rielly, concerning the above-referenced proceeding. INCOMPAS supports adoption by the Commission of the one-touch, make-ready ( OTMR ) process for pole attachments proposed in the draft Third Report and Order ( Draft Order ) in the above referenced proceedings. decision, in the Draft Order, that the benefits of OTMR should not be subverted by binding new attachers choice in contractor by the private agreements of existing attachers or subjecting them to a federally-imposed indemnification provisions. In the meeting we discussed the language in the Draft Order surrounding the timing of the existing attacher s ability to address remedial work related to a service outage. Specifically, the language in the Draft Order, that upon receiving notice of a service outage the existing attacher can complete any necessary remedial work within 14 days, means the existing attacher can begin work immediately to restore service. Indeed, parties should work together to ensure service is restored as soon as possible.
3 cc: Erin McGrath 2
4 July 27, 2018 On July 26, 2018, the undersigned from INCOMPAS met separately with Jamie Susskind, Chief of Staff for Commission Carr, and Betsy McIntyre of Commission Rosenworcel s office. INCOMPAS supports adoption by the Commission of the one-touch, make-ready ( OTMR ) process for pole attachments proposed in the draft Third Report and Order ( Draft Order ) in the above referenced proceedings. decision, in the Draft Order, that the benefits of OTMR should not be subverted by binding new attachers choice in contractor by the private agreements of existing attachers or subjecting them to a federally-imposed indemnification provisions. In the meeting with Ms. Susskind we discussed the requirement of pole owners to provide new attachers with estimates and invoices itemized by pole. As AT&T even notes in its ex parte filing, this requirement relates to complex and above communications space makeready (non-otmr ) charges. 1 Therefore, the claims of the need for additional time to 1 Letter of Frank S. Simone, AT&T, to Marlene H. Dortch, FCC, WC Docket No , at 2, filed Jul. 23, See also Draft Order 47, n. 172 (referring to elimination of estimate stage under OTMR.)
5 implement system changes related to this requirement should not impact the effective date of the OTMR policies and procedures. cc: Jamie Susskind Betsy McIntyre 2
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