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ARTICLE · 24 FEBRUARY 2026

FCC's Rapid Broadband Assessment Team Issues Landmark Pole Attachment Ruling Benefiting Broadband Deployment

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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In a significant win for national broadband deployment efforts, last week the FCC's new Rapid Broadband Assessment Team ("RBAT") issued a first-of-its-kind decision in Comcast Cable Communications, LLC v. Appalachian Power Company, addressing pole-replacement cost responsibilities when preexisting safety or engineering violations are present.

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In a significant win for national broadband deployment efforts, last week the FCC's new Rapid Broadband Assessment Team ("RBAT") issued a first-of-its-kind decision in Comcast Cable Communications, LLC v. Appalachian Power Company, addressing pole-replacement cost responsibilities when preexisting safety or engineering violations are present.The ruling marks the first pole attachment complaint resolved by the RBAT under the FCC's Accelerated Docket and carries far-reaching implications for BEAD-funded and other broadband infrastructure projects nationwide.

At issue was an Appalachian Power Company ("APCo") policy requiring new utility pole attachers to pay the entire cost of replacing poles that have preexisting code violations that require pole replacement to remedy – even when those violations were caused by third parties long before any new attachment request.Under APCo's policy, the new attacher was required to pay 100% of the pole replacement cost upfront,

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