Small ISPs Want Firm Deadline for Processing Pole Orders

WASHINGTON, August 13, 2024 – Federal regulators need to establish firm deadlines to prevent many pole owners from delaying the deployment of broadband infrastructure in rural America.

The Federal Communications Commission is coming under pressure to finalize pole attachment rules ahead of the release of funds in a multibillion dollar federal broadband expansion program run by the Commerce Department's National Telecommunications and Information Administration.

ACA Connects, a trade association for smaller ISPs, entered the debate most recently when representatives urged the FCC to create a requirement that pole owners process large pole attachment applications in a set number of days.

“Under current FCC rules, a utility is required only to negotiate in ‘good faith’ to set a timeline to complete make-ready for a large order,” ACA Connects said. “The FCC should replace this ‘good faith’ standard with a requirement that utilities process large orders for make-ready in the communications space within a defined 165-day timeline.”

The trade group said it would be reasonable to add an extra three months to its proposed timeline for orders greater than 6,000 poles.

In the meeting from ACA Connects were Chief Regulatory Counsel Brian Hurley and Vice President of Regulatory Affairs Max Staloff. Also present was ACA Connects outside counsel Thomas Cohen of Kelley Drye & Warren LLP. They met with six officials in the FCC’s Wireline Competition Bureau.

They argued that extended timelines for making utility poles "ready" for new network deployments are essential for effective broadband expansion under the $42.5 billion Broadband, Equity, Access, and Deployment program.

 “Make-ready” work refers to the modification or replacement of a utility pole or the lines and equipment on it to accommodate additional facilities. Once a utility receives a complete attachment application, it conducts a make-ready survey and provides a cost estimate to the attacher. This survey involves an engineering study to determine the feasibility of the attachment and the specific make-ready work required.

In their filing, ACA Connects highlighted additional hurdles its members face in the pole attachment process. For instance, even when timelines exist, ACA Connects members report that pole owners often process only a fraction of the poles requested. 

Additionally, a lack of early communication from pole owners regarding the time required to process an order can make it difficult for members to control or predict deployment timelines.

While the FCC has encouraged pole owners to maintain a list of approved contractors, ACA Connects members have encountered delays, with pole owners often not responding promptly, if at all, to ISPs’ requests to employ contractors to provide easement information when utilities cannot meet the FCC’s proposed make-ready timelines.

To address these concerns, ACA Connects urged the FCC to amend its rules to require pole owners to respond to these requests within 21 days of submission.