FCC Expedites Comcast Pole Attachment Dispute Against Appalachian Power

WASHINGTON, Dec. 12, 2025 – Federal Communications Commission staff have moved swiftly to advance Comcast’s pole attachment dispute against Appalachian Power Company.

The Enforcement Bureau concluded Thursday that the case meets the FCC’s criteria for expedited treatment, setting up a decision within 60 days and placing its complaint on the FCC’s accelerated docket.

Comcast filed its complaint Nov. 25, alleging that Appalachian Power’s pole replacement policy violates Section 224 of the Communications Act by forcing attachers to absorb the full cost of replacing poles with preexisting third-party safety violations.

In its order, the Bureau said Comcast’s challenge centers on “a single, discrete legal issue” concerning the validity of Appalachian Power’s pole access policy. “No discovery is sought, nor are there likely to be any disputed facts in the case,” the order states.

Comcast’s underlying complaint says Appalachian Power Co.’s pole access policies could delay federally funded broadband buildouts in Virginia. 

The policy requires attachers to cover the full cost of replacing poles with preexisting third-party safety violations and limits reimbursement to 50 percent only if the original violator relocates to the new pole.

The company says the policy could delay construction to roughly 13,000 unserved and underserved locations supported by about $126 million in grants under the federal Broadband Equity, Access and Deployment program.

Comcast has more than 2,300 pending pole applications with Appalachian Power’s parent company, American Electric Power, and expects to require thousands more to meet its deployment obligations.

“AEP is imposing unlawful requirements on Comcast that are delaying and derailing Comcast’s deployment,” the filing said. Comcast asked the FCC to declare the policy unlawful under Section 224 of the Communications Act, which authorizes the commission to regulate terms for pole attachments to telecom providers. 

Comcast’s complaint lands as broadband providers, tower companies, and electric utilities filed divided positions in response to related FCC rulemakings on pole attachment timelines, cost controls, and contractor access. 

Stakeholders are divided on who should pay when cost estimates change, how expeditiously deployment must be completed, and whether the FCC should mandate national standards.