Federal Communications Commission rules that went into effect in late July are intended to speed the process of attaching broadband cable to utility poles, addressing a hurdle in the push to deliver high-speed internet to rural communities.
The rules, which an FCC committee adopted in December, also are meant to make that aspect of the broadband deployment process more transparent and cost-effective, according to a commission document.
The FCC authorized a Rapid Broadband Assessment Team, which will work to resolve pole attachment disputes among internet providers and large utility companies such as Appalachian Power and Dominion Energy. The rules will provide information on the status of utility poles to help providers map out their broadband plans.
[Disclosure: Dominion is one of our donors, but donors have no say in news decisions; see our policy.]
The rules took effect about a month after a Virginia bill to speed the process became law on July 1. The need for action arose from disagreements over the time it takes to prepare poles to carry new cable, or replace and add new poles to handle the increased load — so-called make-ready work — and to pay for the work.
A pool of federal pandemic allocations, along with state and private money, allowed Virginia and other states to begin funding broadband for all their residents beginning in 2022. With that money came a backlog of work orders, with utilities and telecommunications companies scrambling to gather the resources.
Virginia leaders, facing a Dec. 31, 2026, deadline to spend about $750 million in federal funds, had no power to referee disputes between utilities and electric cooperatives. In response, the General Assembly passed the so-called make-ready law. That legislation provided the State Corporation Commission as arbiter, with FCC utility rules as its guide.
Now the FCC has tightened its process for stringing cable across poles. Its ruling includes clarity on pole replacement guidelines. It sets timelines for pole attachment applications and seeks comments on how to further streamline the process, according to a news release.
The Rapid Broadband Assessment Team includes FCC Enforcement Bureau and Wireline Competition Bureau staff members with expertise in the commission’s pole attachment rules and orders, according to the order.
“We charge the RBAT with prioritizing the resolution of any pole attachment dispute that a party alleges is impeding or delaying the deployment of broadband facilities. … The RBAT will gather and promptly review all pertinent information submitted by the parties and provide guidance and advice on the most effective means of resolving the parties’ dispute,” the order reads.
Existing rules provide a 180-day deadline for final action where a provider claims a utility denied it access, and a 270-day deadline for action on complaints about rates, terms or conditions of attachment, according to the order. Now, however, the RBAT team may also recommend mediation or use of a 60-day “accelerated docket” for complaints.
Appalachian Power and Dominion Energy fall under FCC rules, not the new Virginia law. Both companies are engaged with multiple internet service providers in Virginia working to put broadband on poles.
Under the law, states may elect to take on this task themselves, but more than half of the states have chosen to rely on the system the commission has established, FCC Chairwoman Jessica Rosenworcel said in a written statement. “Today, we update that system to ensure that the investment Congress made in the Bipartisan Infrastructure Law is fully modern and meets this moment.”
Appalachian spokeswoman Teresa Hall, in an email exchange, wrote that company employees working with ISPs are aware of the new rules.
“It’s still early, so we haven’t yet experienced how the new rules will impact our day-to-day operations in this area, but we anticipate the changes will ultimately increase the workload for our engineering staff and others handling third-party attachment requests,” Hall wrote.
Cox Communications is among the telecom companies with contracts to expand broadband service to unserved parts of the Commonwealth.
“It’s too early to tell how these rules will impact our expansion efforts, but we’re optimistic that it will be beneficial to supporting our digital equity goals,” Cox spokeswoman Margaret Hunter-Wade wrote in an email exchange.
