Communications Act.

State Control Over FCC’s Pole Regulations – a Blessing or a Curse?

Twenty-three states choose to regulate their own pole attachment processes.

Jericho Casper

Oct 30, 2024 — 2 min read

Screenshot of Commissioner Darcie Houck of the California Public Utilities Commission, from FCBA webinar.

WASHINGTON, Oct. 30, 2024 – For nearly half of U.S. states, the push to expand broadband access comes with an added challenge: navigating a complex web of state-specific regulations governing utility poles.

Currently, 23 states and the District of Columbia have exercised "reverse preemption," choosing to regulate their own pole attachment processes rather than default to the Federal Communications Commission's standards under Section 224 of the Communications Act.

State utility commissioners discussed the pros and cons of this approach during a Federal Communications Bar Association panel Tuesday, noting that its success largely depended on each state’s ability to manage oversight effectively.

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Communications Act. Infrastructure FCC Section 224 FCBA Washington Utilities and Transportation Commission UTC PUD Mark Vasconi Vasconi Consulting Washington State Broadband Office BEAD Massachusetts GoNetspeed Connecticut California Darcie Houck CPUC