FCC Adopts Pole Replacement Revisions, FNPRM for Faster Broadband Deployment

Citing the need to speed up resolution of pole attachment disputes, FCC commissioners during their open meeting Wednesday unanimously adopted an order, declaratory ruling and Further NPRM revising rules to make for faster and cheaper broadband deployment. The item builds on a 2022 proceeding seeking comment on the commission's cost allocation principles (see 2203160031).

"Pole attachments do not always receive the attention they deserve," said Chairwoman Jessica Rosenworcel, but "they are an essential part of our effort to ensure that high-speed service reaches everyone, everywhere across the country." The order and declaratory ruling provide clarification on transparency requirements for pole owners, what constitutes "red tagging" and when a pole replacement is not "necessitated solely" by a new attachment, as well as the timeline for processing attachment requests for at least 3,000 poles.

The order also established an intra-agency "rapid broadband assessment team" to review pole attachment disputes and recommend solutions. The FNPRM tentatively concludes that the commission should adopt specific make-ready timelines for large pole attachment applications. Also, it seeks comment on whether the commission should modify its "self-help" rules to allow prospective attachers to access poles more quickly when using their own contractors.

"It is clear that absolutely nobody is going to be happy at the end of this," said Commissioner Brendan Carr, "but I do think we nonetheless made some common sense changes that I hope ... accelerate rural infrastructure builds." He called the proceeding "highly controversial" but said it strikes a "good, common sense landing spot" to address disputes.

The FCC's action got a mixed review from industry and consumer advocates (see 2312080033). Charter "appreciates the FCC’s recognition of the importance of access to utility poles in facilitating broadband deployment," a spokesperson emailed. ACA Connects President-CEO Grant Spellmeyer said investor-owned utilities "often stand in the way of ... progress by inhibiting or even blocking providers’ access to their poles." The FCC's action "moves us a step closer to providing a solution to this pressing concern," Spellmeyer added.

Timely access to utility poles "remains a constant barrier" for Incompas members, CEO Chip Pickering said. The order is "a step in the right direction," he said, and the group welcomes the decision to ensure make-ready timelines cover the first 3,000 poles. "Today is a first step," emailed an NCTA spokesperson, saying that "other important issues still remain, including the fair allocation of the cost of pole replacements, which will require continued attention and future action by the FCC."

USTelecom urged policymakers to reject calls for pole replacement changes. "Plain and simple, it's called rent-seeking," said USTelecom President-CEO Jonathan Spalter. Supporters "are simply looking to shift their deployment costs onto others," he said. The Schools, Health & Libraries Broadband Coalition said it was "disappointed that today's order does not clarify the critical issue of cost allocation for pole replacement/make-ready expenses," said Executive Director John Windhausen: "Nonetheless, we are pleased that the FCC continues to work on these issues, and we hope the FCC will provide further guidance in the next six months."