Bill Maguire: The FCC Secures a (Bipartisan!) Win for Rural Broadband

In an increasingly partisan world, a recent decision by the Federal Communications Commission stands out as a meaningful example of bipartisanship and common sense. The FCC action on pole attachments illustrates the power and impact of an emerging consensus in favor of policies that advance a so-called “abundance economy.” The FCC is to be congratulated for acting quickly to help ensure that all Americans have access to reliable broadband service.

In recent years, both pole owners and broadband providers that attach to poles, have made heavy investments in broadband, from COVID-driven connectivity programs during the first Trump Administration to the Biden-era “BEAD” law that committed $42.5 billion to close America’s remaining digital divide. But as this funding reaches the field, disputes between broadband builders seeking to hang new fiber on existing utility poles and pole owners who are obligated under state and federal law to permit these “attachments” can grind progress to a halt.

That logjam led a broadband provider (like a Comcast) to bring an action at the FCC to address a pole owner’s (like an Appalachian Power Company) unlawful demand that the broadband provider pay to remedy pre-existing violations on poles before deployment work could proceed. Earlier this month, the FCC ruled in the broadband provider’s favor, making clear that broadband builders are not required to pay to remedy pre-existing violations on poles.

On its face, the ruling reads like an administrative decision related to a business dispute.  For those of us pushing to advance the deployment of broadband networks in unserved areas, this landmark ruling is a gamechanger.

First, the decision was issued unanimously by both the Democratic and Republican members of the full Commission, a powerful bipartisan signal from an agency that often makes news fanning partisan flames over sideshows like Stephen Colbert’s interview of James Talarico and Superbowl halftimes.

Second, it marked the first time that the FCC issued a decision on a complaint that was filed under the Commission’s new “Rapid Broadband Assessment Team,” an expedited procedure that resolved this issue in less than 60 days – light speed for those used to agencies moving at government time.

Third, while this case arose out of pole disputes in Virginia, the FCC’s ruling should bring an end to similar disputes in other states where Appalachian Power’s affiliated companies operate, including Ohio and Texas. Moreover, other utilities making similar obstructive and overreaching demands across the nation ought to take note and change their ways. If they do not change their practices, they could face additional liability for knowingly violating clearly stated FCC and state policies on pole costs.  This is the kind of liability investors and markets generally frown upon.

One FCC decision does not, of course, fully resolve the challenges associated with relying on decades-old utility poles to deliver 21st Century infrastructure to far flung rural communities.  FCC Chairman Brendan Carr said “[a] key pillar of the FCC’s Build America Agenda is to unleash high-speed infrastructure builds” but for that agenda to fully succeed, it will take a lot more work

Indeed, next steps should include freeing up funds to replace or improve poles in circumstances where many stakeholders will benefit but where the responsibilities to pay are unclear. There should be funding sources available to resolve issues when poles have no room for more attachments, where the source of damage is unclear, or for new and upgraded poles necessary for reaching distant rural areas with few customers.  

The Trump Administration can accomplish a great deal here were NTIA to issue guidance allowing states to use unspent BEAD program funds for pole attachment costs. Clear guidance from NTIA would help eliminate disputes and slowdowns by simply getting the work done for the benefit of all.  The current discussion in Washington offers a ready vehicle to free up already-appropriated monies and jump start broadband deployment nationwide.

Of course, ultimately, much of the work to advance broadband for all will happen at the state level. Governors, legislatures, and utility regulators (Democrats and Republicans alike) must prioritize the quick resolution of pole attachment disputes and align their policies with the FCC’s clarified framework. Consistent rules across states will reduce the incentives for disputes in the first place and allow the remaining conflicts to be resolved more quickly.

At a time when Washington is often criticized for political gridlock, the FCC’s decision offers a reminder that government can still solve practical problems when policymakers focus on results. The bipartisan cooperation that produced this ruling, along with innovations like the Rapid Broadband Assessment Team, suggests that a pragmatic middle path that prioritizes clearing barriers, accelerating infrastructure deployment, and expanding economic opportunity may be emerging.

If that spirit continues, the country may yet discover that the path toward a more abundant economy runs not through partisan battles, but through practical cooperation aimed at solving real-world problems.

Bill Maguire is the co-founder of ACE IoT Solutions, LLC and a Principal at Connected Communities, LLC. Before founding Connected Communities, Bill worked for the National Telecommunications and Information Administration from 2009 to 2012. This Expert Opinion is exclusive to Broadband Breakfast.

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