Connecticut Public Utilities Regulatory Authority - Telcom Issues Final Decision Regarding the Application of Fiber Technologies Networks, L.L.C....

(Targeted News Service Via Acquire Media NewsEdge) Connecticut Public Utilities Regulatory Authority - Telcom Issues Final Decision Regarding the Application of Fiber Technologies Networks, L.L.C. F/K/A Fiber Systems LLC NEW BRITAIN, Conn., Jan. 2 -- The Connecticut Public Utilities Regulatory Authority - Telcom issued the following final decision: DOCKET NO. 01-08-01 APPLICATION OF FIBER TECHNOLOGIES NETWORKS, L.L.C. F/K/A FIBER SYSTEMS LLC FOR APPROVAL TO INSTALL FACILITIES UNDER AND OVER CERTAIN PUBLIC RIGHTS-OF-WAY - MOTION NO. 51 January 2, 2013 By the following Directors: John W. Betkoski, III Arthur H. House DECISION The Public Utilities Regulatory Authority (PURA or Authority) acknowledges receipt on November 5, 2012, of Fiber Technologies Networks, L.L.C.'s (Fibertech or Company) motion for approval to construct additional facilities within the public rights of way (Motion No. 51). Motion No. 51 was filed pursuant to the General Statutes of Connecticut (Conn. Gen. Stat.) Section16-247h and the Regulations of Connecticut State Agencies (Conn. Agencies Regs.) Section16-247c-5.

Fibertech proposes to construct a total of 11.43 miles of additional fiber optic cable at 13 separate locations in the State. Motion No. 51, p. 13. According to the Company, the proposed facilities are single mode fiber cabling with 96 strands, manufactured by Corning Cable Systems and Alcatel. Id., p. 13. The Company submitted, under protective order, the specific location and route map indicating where it intends to construct those facilities. Motion No. 51, Appendix I, Exhibits 1 through 13. The Company states that the purpose of the proposed construction is to expand Fibertech's network and to connect new customers to the network at various locations in Connecticut. Fibertech maintains that these connections will permit each customer to install its own electronic equipment, lease as much or as little capacity as it desires, and improve its telecommunications system with feature-rich technology and network protocols. Fibertech's anticipated customers are leading Connecticut businesses, institutions, and government entities, including the Bureau of Enterprise Systems and Technology, formerly known as the Connecticut Department of Information and Technology. Motion No. 51, p. 13.

Fibertech also states that it will install these facilities by attaching new fiber optic cabling to the communication space on the utility poles of The Southern New England Telephone Company d/b/a AT&T Connecticut, The Connecticut Light and Power Company and The United Illuminating Company. According to Fibertech, it has executed Pole Attachment and Conduit Agreements with these companies for all of the projects. Id.

Fibertech maintains that the design of the proposed facilities will comply with all applicable National Electrical Safety Code design and construction standards. Fibertech submitted specifications and technical information for the proposed facilities. Motion No. 51, Appendix II. Fibertech further maintains that the proposed construction will comply with all state and local regulations affecting public safety during and after construction of the facilities. Specifically, the Company will coordinate its construction activity with local authorities, obtain any necessary municipal permits, and will comply with any local safety traffic and control requirements applicable to its activities. Motion No. 51, p. 14. Lastly, Fibertech states that it will notify the Authority when it commences and completes the construction of each project. These notifications will include the status of any required municipal permits and/or bonds required by the Department of Transportation (DOT). Id.

Pursuant to Conn. Gen. Stat. Section4-181a (b), the Authority hereby reopens the instant Docket to consider Motion No. 51 to construct an additional 11.43 miles of fiber optic cable within Connecticut. A hearing is not required and none will be held.

The Authority has reviewed Motion No. 51 and finds that Fibertech has provided the requisite construction information set forth in Conn. Agencies Regs. Section16 247c 5(b). The Authority also finds that Fibertech's proposed construction plans will facilitate the efficient development and deployment of an advanced telecommunications infrastructure, are in the public interest and are consistent with Conn. Gen. Stat. Section16 247h. Additionally, the Authority finds that consumers will benefit as the number of service offerings will increase as Fibertech expands into more Connecticut cities and towns. Finally, the Authority encourages the shared use of telecommunications facilities and expects full cooperation among telecommunications carriers in order to minimize the unnecessary construction of additional facilities in the state. Upon the completion of its proposed facilities construction, Fibertech will be required to open its networks to maximize carrier interoperability and interconnectivity and encourage the shared use of existing facilities and cooperative development of new facilities where feasible.

Fibertech maintains that the proposed installation does not deviate from its past installations and thus, it is exempt from the provisions of Conn. Gen. Stat. Section16-234. Id., pp. 13 and 14. The Authority finds Fibertech's proposed fiber optic network installation on the utility poles is consistent with its past facility installations and thus, the Company does not need consent as specified in Conn. Gen. Stat. Section16-234. However, if in the future Fibertech's facility installation deviates from those past installations, it must seek the Authority's guidance as to the applicability of Conn. Gen. Stat. Section16-234.

The Authority concludes that Fibertech's proposal satisfies the requisite statutory requirements and is in the public interest. Therefore, the Authority grants Motion No. 51 subject to the following orders.

ORDERS For the following Orders, submit one original of the required documentation to the Executive Secretary, 10 Franklin Square, New Britain, CT 06051 and file an electronic version through the PURA's website at www.ct.gov/pura. Submissions filed in compliance with the Authority's Orders must be identified by all three of the following: Docket Number, Title and Order Number.

1.No later than January 8, 2013, Fibertech shall amend Motion No. 51, Exhibit I by providing a matrix showing the proposed commencement and completion dates for each of the location projects. The matrix shall also include the number of miles to be constructed and updated status of municipal and/or the DOT required permits and bonds.

2.No later than January 8, 2013, Fibertech shall submit the most recent information of its construction activities that includes the total number of plant miles already constructed (and the respective percentage as compare to the number of fiber optic miles approved by the Authority), the number of plant miles that are currently used in providing services and respective locations where these facilities have been constructed.

3.No later than ten days after the completion of each construction project, Fibertech shall provide the actual date of completion of the construction.

The Authority is an affirmative action/equal opportunity employer and service provider. In conformance with the Americans with Disabilities Act (ADA), the Authority makes every effort to provide equally effective services for persons with disabilities. Individuals with disabilities who need this information in an alternative format to allow them to benefit and/or participate in the agency's programs and services, should call 860-424-3035 or e-mail the ADA Coordinator, at DEP.aaoffice@ct.gov. Persons who are hearing impaired should call the State of Connecticut relay number 711. Requests for accommodations must be made at least two weeks prior to the meeting date (Emphasis added).

DOCKET NO. 01-08-01 APPLICATION OF FIBER TECHNOLOGIES NETWORKS, L.L.C. F/K/A FIBER SYSTEMS LLC FOR APPROVAL TO INSTALL FACILITIES UNDER AND OVER CERTAIN PUBLIC RIGHTS-OF-WAY - MOTION NO. 51 This Decision is adopted by the following Directors: John W. Betkoski, III Arthur H. House CERTIFICATE OF SERVICE The foregoing is a true and correct copy of the Decision issued by the Public Utilities Regulatory Authority, State of Connecticut, and was forwarded by Certified Mail to all parties of record in this proceeding on the date indicated.

January 3, 2013 Date Kimberley J. Santopietro Executive Secretary Department of Energy and Environmental Protection Public Utilities Regulatory Authority TNS mv45 130105-4159632 61MarlynVitin (c) 2013 Targeted News Service

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