Chairwoman Rosenworcel's Response to Senator Capito Regarding Pole Attachments

On April 6, 2022, Sen Shelley Moore Capito wrote to Federal Communications Commission Chairwoman Jessica Rosenworcel about pole attachment and replacement regulations in West Virginia. On February 22, Chairwoman Rosenworcel reminded Sen. Capito that, since 2020, West Virginia regulates pole attachments at the state level. This means that the state retains complete authority to deviate from the federal regime to suit the particular needs of West Virginia. In 2022, the FCC issued a Second Further Notice of Proposed Rulemaking that sought comment on questions concerning the allocation of pole replacement costs between utilities and attachers. In particular, the FCC sought comment about whether it needs to provide greater clarity around when a pole must be replaced to accommodate new communications equipment, and on other economic and legal issues that may arise with pole replacements. The Further Notice also sought comment on whether there are other reforms the FCC can make to speed up the process for negotiations over pole replacements and attachments, because certainty is good both for the providers seeking to build broadband networks and for the electric companies that own most of the utility poles. FCC staff is currently reviewing the record in this proceeding.