FCC Invites Comment On Pole Attachment Issues Related To 5G

The wireless industry continues to push for almost tariff-like regulation of communications attachments on utility poles. Despite prior statements by the FCC favoring negotiated agreements, the wireless industry is now asking the FCC to prohibit a utility pole owner from even attempting to reach a negotiated agreement, ironically stifling the potential for mutually-beneficial arrangements that could further expedite wireless deployments.

CTIA, the national association representing wireless carriers, recently filed a "Petition for Declaratory Ruling" in which it is asking the FCC to further tighten existing rules and policies on (1) state and local regulation of antenna structures, and (2) wireless access to utility poles. The FCC has combined CTIA's petition and a similar petition from the Wireless Infrastructure Association ("WIA") into a new docket (WT Docket No. 19-250). Both petitions seek to further limit state and local regulation of antenna structures, but