UTC Pole Attachment

Overview

Utilities provide pole attachments for use by cable television operators and telecommunications carriers; and the FCC and the states regulate pole attachments to ensure that access is provided on a non-discriminatory basis and the rates, terms, and conditions are just and reasonable.  As a practical matter, utilities will process pole attachment applications, perform surveys and any necessary make-ready, and permit attachments, unless access cannot be approved because of insufficient capacity and/or for reasons of safety, reliability, and generally applicable engineering requirements.  Utilities may even voluntarily replace poles to accommodate a new attachment.   Utilities also may conduct pole inspections to ensure that pole attachments are installed correctly, and they also may conduct pole audits to maintain the safety and reliability of pole infrastructure and pole attachments.  As such, utilities are promoting broadband deployment by providing reasonable and timely access and cost-based rates for pole attachments.

Background

Since Congress enacted the Pole Attachment Act in 1978 and amended its provisions as part of the  Telecommunications Act of 1996, the FCC has established rules regulating pole attachments that are codified at 47 C.F.R. §1.1401 et. seq. UTC has participated in all of the FCC’s pole attachment rulemaking proceedings, as well as several appeals seeking judicial review of certain aspects of the FCC’s decisions.  In general, UTC advocates for policies that ensure that pole attachments are properly permitted and comply with all safety and engineering requirements and that utilities are provided just compensation for pole attachments.  UTC will continue to educate the FCC, Congress, the states, and other agencies about pole attachments and advocate on behalf of the utility industry to ensure that pole attachments will not compromise the safety, reliability, and resiliency of our nation’s energy grid.  More information about each of the FCC pole attachment rulemakings/decisions and UTC’s comments and judicial filings, as well as federal or state pole attachment legislation and regulations, is available for UTC members by clicking here.

UTC’s Pole Attachment Advocacy Activities

Most recently, the FCC released a Fourth Report & Order, Declaratory Ruling, and a Third Further Notice of Proposed Rulemaking in December 2023.  In the Report and Order and Declaratory Ruling, the Commission, among other things, required utilities to provide attaching entities information from their last cyclical pole inspection reports.  It also clarified that utilities must share in the cost of the replacement of a grandfathered pole to accommodate a new attachment and that utilities must provide information about their easements upon request by attachers.  UTC filed comments in support of petitions for reconsideration of these requirements.  It also filed comments and reply comments opposing proposed rules that would establish deadlines for utilities to process applications and conduct make-ready for “larger orders” that exceed the lesser of 3,000 poles or 5 percent of a utility’s poles in a state.  UTC’s comments also opposed rules that would prevent utilities from limiting the size or number of applications that attachers submit at the same time or requiring utilities to provide advance notice to attachers if they are unable to meet deadlines for surveys, estimates, or make ready, as well as allowing attachers to hire their own contractors to perform estimates.  UTC explained these proposed rules would not promote broadband deployment, and would likely result in disputes and shortcuts that would delay deployment and threaten safety and reliability.