FCC Seeks Comment on State Regulation of Pole Attachments

As part of its effort to promote the buildout of new communications and broadband infrastructure, the Federal Communications Commission has issued a Public Notice requesting comment on the effectiveness of state regulation of pole attachments (the attachment of communications facilities to existing utility poles) in states that have “reverse-preempted” the federal pole attachment rules to regulate pole attachments directly. Comments are due July 13, 2026, and reply comments will be due July 27, 2026.

Section 224 of the Communications Act gives the FCC general authority to regulate pole attachments, with some important exceptions. The FCC cannot apply pole attachment requirements to poles owned by cooperatives or by municipal or state-owned entities. The FCC also cannot regulate pole attachments in states that have “reverse preempted” the FCC by certifying that they regulate the rates, terms, and conditions of pole attachments themselves. So far, twenty-three states and the District of Columbia have certified to the FCC that they have “reverse preempted” the FCC and taken over the regulation of pole attachments in their states.

As the FCC observes, these “reverse-preemption” states regulate pole attachments in different ways, both in terms of who they regulate (that is, which types of communications attachers and which types of pole owners) and in the level of detail of their pole attachment regulations. In its Public Notice, the FCC issued a “reminder” to reverse-preemption states of their “obligation to effectively and clearly regulate pole attachments in their jurisdictions.”

The FCC requests comment on the status of pole attachment regulation in reverse-preemption states. Specifically, the FCC is inviting comment on what options it could pursue to make state pole attachment regulation “more transparent and effective,” whether state certifications should be updated, and whether the FCC should review state certifications to determine if they are sufficient to meet the requirements of Section 224 of the Communications Act.

The FCC’s inquiry into state regulation of pole attachments could have significant implications for communications and broadband providers, utility pole owners, and other stakeholders. It also raises significant questions of the scope of the FCC’s authority under a statute that gives exclusive regulatory jurisdiction to states that choose to exercise it.

For more information about the FCC’s Public Notice on state pole attachment regulation or on pole attachment issues generally, contact an attorney in our Utilities Practice Group.