Major ISPs Press FCC to Speed Pole Access Ahead of Big BEAD Projects

WASHINGTON, August 8, 2024 – Major Internet Service Providers want federal regulators to speed access to utility poles ahead of the release of billions of dollars to fund rural broadband projects.

In the midst of a multibillion dollar federal initiative to connect unserved and underserved households to high-speed internet, major stakeholders in the U.S. broadband industry have expressed concern that the make-ready work required to prepare utility poles for new attachments could stifle the timely deployment of networks.

Acknowledging potential issues that could impact the timing of make-ready applications, representatives from NCTA – The Internet & Television Association, along with Charter, Comcast, and Cox, met with the Federal Communications Commission last Thursday. Together they urged the FCC to broaden timelines for make-ready pole attachment orders to accommodate the large-scale projects anticipated under the $42.45 Broadband, Equity, Access, and Deployment (BEAD) program.

During the discussion, NCTA urged the FCC to adopt additional rules that would allow parties interested in attaching equipment to utility poles to employ utility-approved contractors to provide easement information when utilities cannot meet the FCC’s proposed make-ready timelines.

NCTA representatives also proposed that the FCC broaden the 45-day make-ready timeframe, initially set for pole orders of up to 3,000 poles, to encompass pole attachment orders of up to 6,000 poles or 10% of a utility’s poles.

In its December pole ruling, the FCC set a 45-day timeline for utilities to provide easement information for large orders with 300 to 3,000 attachment requests and a 30-day timeline for accelerated orders with fewer than 300 requests. However, the order did not specify a make-ready timeframe for attachment requests exceeding 3,000 poles; instead, it only required utilities to "negotiate the timing of the make-ready in good faith."

According to NCTA Vice President Pamela Arluk, attachers are advocating for extending the 45-day make-ready timeline to "grant-size orders" involving 3,000 to 6,000 pole attachment requests. Arluk noted that attachers have expressed concerns that pole replacement and attachment issues could obstruct the rollout of internet networks funded by BEAD.

FCC Chairwoman Jessica Rosenworcel said the FCC’s updated pole attachment rules were to alleviate obstacles that may impede broadband deployments funded by the BEAD program when adopting the ruling at the FCC’s December 2023 meeting.

However, industry representatives maintain the FCC must address these proposed reforms to enable the timely deployment of broadband to underserved and unserved areas.