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ARTICLE · 01 JUNE 2023

FCC Assures State Lawmakers Of Commitment To Pole Attachment Rules Promoting Broadband Deployment And Competition

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Who knew that state sovereignty and urging states' rights meant prompting federal agencies to bring about change at the local level? That seems to be happening in the field of pole attachment regulation.

United StatesMedia, Telecoms, IT, Entertainment
Dave Thomas
Dave Thomas
Abraham J. Shanedling
Abraham J. Shanedling
Tom Reklaitis
Tom Reklaitis
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Who knew that state sovereignty and urging states' rights meant prompting federal agencies to bring about change at the local level? That seems to be happening in the field of pole attachment regulation.

Section 224 of the Communications Act empowers the FCC to regulate the rates, terms, and conditions of attachments on poles owned by investor-owned utilities and phone companies. Section 224, however, permits states to "reverse preempt" federal authority and regulate attachments on their own upon filing a certification with the FCC of their intent to do so. But before taking that step, a state's legislature typically passes a law that authorizes the state public utility commission to regulate pole attachments. To date, 24 states (including the District of Columbia) have certified state-level regulatory jurisdiction over rates, terms, and conditions for pole attachments.

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