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 -- AF mailing list AF@af.afmug.com http://af.afmug.com/mailman/listinfo/af_af.afmug.com -- AF mailing list AF@af.afmug.com http://af.afmug.com/mailman/listinfo/af_af.afmug.com