20250828EX 5 Request for RBAT.pdf

Exhibit 5
Request for RBAT

FCC-5653 Federal Communications Commission OMB No.:3060-1151
Estimated time per Washington,D.C.20554 Edition Date:July 2024
response:2 hours OMB Approval
REQUEST FOR RBAT REVIEW AND ASSESSMENT
Thank you for submitting a request for RBAT (Rapid Broadband Assessment Team) review and
assessment pursuant to 47 CFR § 1.1415. The RBAT is an intra-agency team with expertise in
the pole attachment rules and orders of the Federal Communications Commission(FCC),
adopted pursuant to 47 U.S.C. § 224. The RBAT consists of staff from the FCC's Enforcement
Bureau and Wireline Competition Bureau. This form gathers important information about a
party's request for review of a pole attachment dispute that the party alleges is impeding or
delaying an active broadband deployment plan or project. Your submission will assist the RBAT
in efficiently reviewing and assessing the parties' dispute.
Please submit your completed form via e-mail to [e-mail]. Prior to
submitting this form, you must notify the Chief of the Enforcement Bureau's Market Disputes
Resolution Division(MDRD)by phone and in writing of your intention to request RBAT
review. By submitting this form, you confirm that you have previously notified the MDRD
Chief of your intention to request RBAT review and that the information provided herein is
accurate and complete to the best of your knowledge. If you have any questions or need further
assistance, please contact the Enforcement Bureau's Market Disputes Resolution Division staff
at [phone] or [e-mail].
Section 1. Information Identifying the Submitting Party
Please provide your contact information and the contact information of any legal counsel
representing you in this dispute.
• Name of Provider or Company Submitting this Request
Wired or Wireless, Inc.
• Type of Provider(examples include cable television system,provider of
telecommunications service, other (if"other," please explain))
Provider of fiber-based telecommunications and information (broadband access)
service.
• Contact Person Information. Please provide the contact person's name, title, email
address,phone number, and mailing address.
William B. Geibel, Jr., President, billjr@wow•tel.com, 509.892.5877 x106, 17813 E
Appleway Ave., Spokane Valley, WA 99016.
• Attorney Information. If a law firm or other outside counsel is currently representing
you in this dispute, please provide the law firm name, attorney name, email address,
phone number, and mailing address.
Marashlian & Donahue, PLLC., The CommLaw Group, Jonathan Marashlian,
email: [e-mail], Tel: [phone], 1430 Spring Hill Road, Suite
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FCC-5653 Federal Communications Commission OMB No.:3060-1151
Estimated time per Washington,D.C.20554 Edition Date:July 2024
response:2 hours OMB Approval
Section 2. Information Identifying the Other Party or Parties to the Dispute
Please provide contact information for the other party or, if applicable, the other parties to
this dispute. If there is more than one other party, please provide that information in the
Additional Comments section at the end of this form.
• Name of Provider or Company
Avista Corporation, d/b/a Avista Utilities
• Type of Provider or Company
a Washington public utility corporation, also operating in Idaho & Oregon
• Contact Person Information of Other Party or Parties. Please provide the contact
person's name, title, email address, phone number, and mailing address.
Heather Rosentrater, President and CEO, [e-mail],
800.936.6629, 1411 E Mission Avenue, MSC•10, PO Box 3727, Spokane, WA
• Attorney Information. If a law firm or other outside counsel is currently representing
the other party or parties in this dispute, please provide the law firm name, attorney
name, email address, phone number, and mailing address.
Piskel Yahne Kovarik, PLLC, Jason T. Piskel, WSBA #35398, Troy D. Sims,
WSBA#58354, email: , [e-mail], <unknown>@pyklawyers.com,
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Section 3. Relevant Statutory Provisions, Rules, and/or Orders
Please identify the relevant statutory provision(s) and section(s) of the FCC rules or orders
alleged to have been violated.
• Alleged Statutory Provision(s) Violated
Incorrect use of `Cost' in the Pole Attachment Rate Calculation:
The failure to apply the full FCC formula, including the Cost section, constitutes a
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• Alleged Rule Section(s) Violated
Avista chose to use the formula in 47 CFR § 1.1409(e)(2)(i) but did not apply it
correctly:
• Alleged FCC Order(s) Violated
Alleged FCC Orders Violated: Elimination of the number of attaching entities
multiplier in `Cost' factor of the Pole Attachment Rate Calculation:
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• Summary of Alleged Violation(s). Please describe any potential harm that is occurring
or is likely to occur as a result of the situation and any aspects of the dispute requiring
immediate redress.
FCC Conclusion and Summary of Harm.
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Wrong Cost Formula: By failing to include the number of attaching entities in the

FCC-5653 Federal Communications Commission OMB No.:3060-1151
Estimated time per Washington,D.C.20554 Edition Date:July 2024
response:2 hours OMB Approval
Section 4. The Dispute
Please provide the following information to the extent known.
• Does the dispute relate to an active broadband facilities deployment plan or project? If
yes, briefly explain.
Wired or Wireless, Inc. (WOW), a small company with about 12 employees, has an
active telecommunications network passing approximately 1500 homes and
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• Is the plan/project subject to a government-funded broadband program deadline?
No. However, because WOWs plan/project in the Hope and Clark Fork Idaho
areas has been delayed for years, govern ment•funded broadband funds were
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• Is the locus of the dispute in an unserved or underserved area?
Yes.
• Summarize the specific relief sought.
1. Avista to acknowledge their errors and make a public statement of apology to
WOW to help restore WOWs customer reputation. (Newspaper and direct letter to
• Does a pole attachment agreement govern the parties' relationship?
Yes.
• Have the parties entered into a nondisclosure agreement?
No.
• Summarize any steps already taken in an attempt to resolve the matter with the other
party or parties to the dispute.
1. WOW had numerous meetings and discussions in person, over the phone, and
via email with the joint use department of Avista and its personnel from 2019 to
---'-1
• Are you amenable to FCC staff-supervised mediation of your dispute?
Yes.
• Have you spoken with the other party or parties to the dispute regarding the use of
FCC staff-supervised mediation?
Yes, through litigation counsel.
• If yes, are the other party(ies) amenable to mediation?
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FCC-5653 Federal Communications Commission OMB No.:3060-1151
Estimated time per Washington,D.C.20554 Edition Date:July 2024
response:2 hours OMB Approval
Section 5. Suitability for Placement on the Accelerated Docket
To assist the RBAT in determining whether the dispute or a portion of the dispute is
suitable for placement on the FCC's Accelerated Docket under 47 CFR § 1.736, please
provide the following information (if available).
• Do you intend to seek inclusion of the matter on the FCC's Accelerated Docket under
47 CFR 1.736?
Uncertain at this time. However, due to the complexities of the dispute and the
pending lawsuit by Avista against WOW, it may be useful to have an initial meeting
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• If you intend to seek inclusion of the matter on the FCC's Accelerated Docket under 47
CFR 1.736,provide a proposal below as to how best to resolve the matter within the
60-day deadline.
N/A
• List the number of poles subject to this dispute.
561
• List the number of attachment applications that are currently pending with the other
Party or Parties to this dispute.
Unknown. We are unable to make applications with Avista due to their
mismanagement of the joint use process.
• Will discovery be required in order to resolve this dispute? If yes, describe the areas of
discovery that might be required.
Yes.
1. Five (5) years of Avista's past billing to all joint use attachers.
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• Will expert testimony be required to resolve this dispute?
No
I verify that I am submitting this form and that the information provided is accurate and
complete to the best of my knowledge.
Name/Date:
William B. Geibel, Jr. March 10, 2025
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FCC-5653 Federal Communications Commission OMB No.:3060-1151
Estimated time per Washington,D.C.20554 Edition Date:July 2024
response:2 hours OMB Approval
Additional Comments
Please provide in the space below any additional information that you believe will assist the
RBAT in resolving this dispute.
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FCC-5653 Federal Communications Commission OMB No.:3060-1151
Estimated time per Washington,D.C.20554 Edition Date:July 2024
response:2 hours OMB Approval
PRA Burden Statement
We have estimated that your response to this collection of information will take an average
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Please DO NOT SEND COMPLETED [SURVEYS, APPLICATION FORMS, ETC] TO
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THIS NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995,
PUBLIC LAW 104-13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507.
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