ACA Connects Defends FCC's Net Neutrality Order

The Mozilla court remanded to the Federal Communications Commission for further consideration the impact of the Restoring Internet Freedom Order on broadband providers’ ability to obtain pole attachments. In its initial comments, ACA Connects explained that, because all of its members commingle broadband service with either or both cable and telecommunications services, they are able to avail themselves of the rights provided to attachers to access utility poles under section 224 of the Communications Act. Accordingly, the FCC’s decision to classify broadband as an information service in the RIF Order has no impact on their pole attachment rights subject to federal jurisdiction. ACA Connects explained further that today there are relatively few broadband-only providers that would lose pole attachments rights under section 224. The FCC should not expect this number to increase materially, we explained, because broadband providers have an incentive to “fill their pipes” with non-broadband services, both to increase revenues and to achieve operational efficiencies.