Federal Communications Commission Seeks to Improve Pole Attachment Process

The Federal Communications Commission voted to further reform its pole attachment rules and policies to promote faster and more cost effective broadband deployment. These new rules will allow for faster resolution of pole attachment disputes and provide pole attachers with more detailed information about the poles they plan to use as part of their broadband buildouts. Utility poles are key to the FCC’s efforts to support the deployment of broadband infrastructure as those poles support the wires and equipment that carry broadband to American homes and businesses. The new rules will speed the pole attachment dispute resolution process by establishing a new intra-agency rapid response team and providing the team with specific criteria to apply when considering complaints. The FCC’s rules also will increase transparency for new broadband buildouts by allowing attachers to obtain pole inspection reports from utilities. In addition, the Declaratory Ruling provides important clarifications regarding:

1. What constitutes “red tagging” and when pole replacements are not “necessitated solely” by a new attachment.
2. The obligation to share easement information.
3. The applicable timelines for the processing of attachment requests for 3,000 or more poles.