FCC, Utility Poles

UPDATE: FCC’s New Pole Attachment Rules are Now Effective

Sheppard Mullin Richter & Hampton LLP on 7/30/2024

On July 26, 2024, the Federal Communications Commission (“FCC”) issued a Public Notice announcing that new pole attachment rules, which the FCC adopted in a December 2023 Report and Order, are effective as of July 25, 2024....more

FCC Adopts New Pole Attachment Rules to Promote Broadband Expansion

Sheppard Mullin Richter & Hampton LLP on 12/20/2023

On December 15, 2023, after more than three years of consideration, and amid the largest ever federal investment in broadband, the Federal Communications Commission (“FCC”) unanimously adopted a new pole-attachment order that...more

FCC To Vote on New Pole Attachments Rules to Promote Broadband Expansion

Sheppard Mullin Richter & Hampton LLP on 12/4/2023

After more than three years of consideration, amidst the largest federal and state investment in broadband deployment, and anticipating disputes between broadband providers and utility pole owners concerning the terms and...more

Florida Enacts Pole Attachment Regulations for Electric Cooperatives

Sheppard Mullin Richter & Hampton LLP on 6/6/2023

On June 5, 2023, Florida governor Ron DeSantis signed into law HB1221, subjecting rural electric cooperatives to pole attachment regulation by the Florida Public Service Commission (“FPSC”) if they provide broadband service....more

N.Y. Public Service Commission Approves Pole Attachment Rental Rate Increase for Municipally Owned Utilities

Davis Wright Tremaine LLP on 11/30/2022

The New York Public Service Commission ("Commission") entered an Order this month authorizing municipally owned electric utilities to significantly increase the annual rental rates charged to cable system operators and...more

Oklahoma Passes FCC-Like Maximum Pole Attachment Rate for Rural Electric Coops

Troutman Pepper on 5/5/2022

On April 28, the governor of Oklahoma approved HB3835, setting a maximum pole attachment rate for rural electric cooperatives (Rural Coops) in the event of a dispute with a "communications services provider" regarding pole...more

FCC Circulates Draft FNPRM on Pole Replacement Costs

Davis Wright Tremaine LLP on 3/1/2022

The Federal Communications Commission (FCC) has circulated for consideration at its March 16 open meeting a draft Second Further Notice of Proposed Rulemaking (FNPRM) seeking comment on whether the agency should further...more

The FCC’s Latest Pole Attachment Ruling: “Just Another Brick In The Wall” for Electric Utilities, or “Satisfaction” for ILECS?

Sheppard Mullin Richter & Hampton LLP on 10/1/2021

On September 21, 2021, the Federal Communications Commission (FCC) issued the latest single in its anthology of decisions regulating the relationship between incumbent local exchange carriers (ILECs) and electric utilities,...more

SCOTUS Denial of Certiorari in City of Portland v. FCC Renders Effective FCC's Rulings on Access to Municipal Utility Poles and...

Davis Wright Tremaine LLP on 7/1/2021

On June 28, 2021, the U.S. Supreme Court denied the petition for certiorari filed by consortiums of various municipal governments and associations seeking to overturn the Ninth Circuit's decision in City of Portland v. FCC,...more

Ninth Circuit Rejects Challenges to FCC’s One-Touch Make-Ready, Small Cell Deployment, and Local Moratoria Orders

Sheppard Mullin Richter & Hampton LLP on 8/23/2020

On August 12, 2020, a Ninth Circuit panel affirmed three orders issued in 2018 by the Federal Communications Commission (FCC) to promote infrastructure investment and broadband deployment, including 5G small cell nodes. In...more

FCC's One-Touch Make-Ready Pole Attachment Rules Upheld; All But One Limitation on Local Authority to Regulate Wireless...

Davis Wright Tremaine LLP on 8/18/2020

— Lone issue on 5G "aesthetics" in Small Cell Order remanded to FCC — Dissent limited to disagreeing with FCC's above-cost prohibitions on municipal fees in Small Cell Order - On August 12, 2020, a panel of the 9th Circuit in...more

FCC Releases Final Text of Rules and Order Expediting Wireline and Wireless Attachments to Utility Poles (Updated)

Davis Wright Tremaine LLP on 8/17/2020

Some Notable Changes Made to the "One Touch Make-Ready" Rules and Declaratory Ruling Prohibiting State and Local Moratoria on Wireline and Wireless Deployment - Note: This advisory has been updated to reflect that the ILEC...more

A Declaration of Independence: Pennsylvania to Regulate Pole Attachments

Davis Wright Tremaine LLP on 9/10/2019

Pennsylvania will become the twenty-first state to certify to the Federal Communications Commission (FCC) that it regulates third-party attachments to electric utility and telephone poles. ...more

DWT Secures FCC Ruling in Favor of MAW Communications Against PPL Electric

Davis Wright Tremaine LLP on 8/26/2019

On Monday August 12, the Federal Communications Commission (FCC) Enforcement Bureau issued a Memorandum Opinion and Order in MAW Communications, Inc. v. PPL Electric Utilities Corp., finding that PPL had unlawfully denied...more

FCC Releases Final Text of Rules and Order Expediting Wireline and Wireless Attachments to Utility Poles

Davis Wright Tremaine LLP on 8/10/2018

Some Notable Changes Made to the “One Touch Make-Ready” Rules and Declaratory Ruling Prohibiting State and Local Moratoria on Wireline and Wireless Deployment - Late Friday the FCC released the text of its Third Report and...more

FCC Adopts One-Touch Make-Ready Rules and Declaratory Ruling Preempting State and Local Moratoria on Wireline and Wireless...

Davis Wright Tremaine LLP on 8/3/2018

The FCC, at its Open Meeting today, adopted its Third Report and Order and Declaratory Ruling (“Order”) in the wireline infrastructure docket which, among other things, implements one-touch make-ready (“OTMR”) and prohibits...more

FCC Plans to Speed Broadband Deployment Through One-Touch Make-Ready Fastlane for Pole Attachments

Kelley Drye & Warren LLP on 7/18/2018

After a year of heated debate between pole owners and service providers, the FCC is poised to adopt a one-touch make-ready (“OTMR”) process for the “vast majority” of pole attachments at its meeting on August 2, 2018. Late...more

FCC Proposes Two Items to Expedite Wireline and Wireless Attachments to Utility Poles

Davis Wright Tremaine LLP on 7/18/2018

New “One Touch Make-Ready” Regime Proposed with Shortened Timeframes and Revised Terms for Completing Pole Attachment - Draft Declaratory Ruling Would Prohibit State and Local Moratoria on Wireline and Wireless Deployment...more

November 2017 FCC Meeting Recap: FCC Aims to Speed Wireless Deployment by Eliminating Historic Preservation Review When Replacing...

Kelley Drye & Warren LLP on 11/22/2017

Highlighting the need for rapid infrastructure deployment to meet growing consumer data demands and support future 5G services, the Federal Communications Commission (“FCC”) unanimously adopted a Report and Order at its...more

FCC Approves Wireline and Wireless Infrastructure Orders and Further Wireline Rulemaking Notice at November Open Meeting

Davis Wright Tremaine LLP on 11/17/2017

At its November 2017 Open Commission Meeting today, the FCC voted to adopt a Report and Order, Declaratory Ruling, and Further Notice of Proposed Rulemaking in its wireline broadband deployment docket (“Wireline R&O” and...more

FCC Issues Draft Wireline and Wireless Infrastructure Orders and Further Wireline Rulemaking Notice ahead of November Meeting

Davis Wright Tremaine LLP on 11/2/2017

On October 26, 2017, the FCC released drafts of a Report and Order and Further Notice of Proposed Rulemaking in the wireline broadband deployment docket (the “Draft Wireline Order” and “Draft Wireline FNPRM”) and a Report and...more

The United States Federal Communications Commission › Utility Poles