Policy

Challenges faced during network deployments thanks to state regulations around pole attachments have become a concern at the FCC.

By Brad Randall, Broadband Communities

Network deployment challenges caused by state-level pole attachment regulations have become a growing concern at the Federal Communications Commission (FCC).

Currently, 23 states and the District of Columbia regulate their own pole attachments by exercising “reverse preemption”—a process where they certify to the FCC that they handle these regulations locally. However, the FCC maintains that because these jurisdictions act as facilitators of broadband deployment, they remain subject to federal law.

To reinforce this, the FCC’s Wireline Competition Bureau issued a public notice reminding these 23 states and D.C. of their legal obligations to comply with the Communications Act.

The FCC’s June 11 announcement emphasized the importance of state compliance: “It is imperative that these states and the District of Columbia follow the requirements laid out in the Act and in the Commission’s rules to issue and make effective rules and regulations implementing their regulatory authority over pole attachments; regulate the rates, terms, and conditions of the pole attachments; and establish procedures for resolving pole access complaints.”

The public notice even highlighted concerns that lingering uncertainty around pole attachment regulations in reverse-preemption jurisdictions could both delay and raise costs for projects funded by BEAD, the government’s $42.45 billion broadband push.

Comments from stakeholders are due by July 13, with reply comments due by July 27, the public notice said.

Some AI tools also assisted in the crafting of this report.

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