States Cracking Down on Pole Violations With New Legislation
Move to end ‘double poles.’
WASHINGTON, July 15, 2025 – Two states – Pennsylvania and New York – are close to passing new strict pole attachment laws, where failure to comply could result in hefty fines.
Both states have chosen to regulate pole attachments under their own state laws instead of following the Federal Communications Commission’s federal rules. This gives Pennsylvania and New York the authority to develop their own regulations.
According to attorneys Matthew R. Tuchman, Marina Sansom, and Maria T. Browne of Davis Wright Tremaine, the proposed Pennsylvania legislation would authorize the Public Utility Commission to establish a rulemaking process to regulate the construction, maintenance, and removal of pole attachments.
This process would allow the PUC to monitor the construction of “double poles,” which occur when new poles are built without removing the old ones.
The rulemaking would also clarify pole ownership and ensure that third-party attachers compensate the correct pole owners.
The legislation directs the PUC to consider certain circumstances before enforcement, like circumstances that may justify temporary coexistence of old and new poles, annual registration requirements for attachers, and procedures requiring pole owners to provide reasonable notice before attachments are transferred to new poles.
Additionally, the PUC would be authorized to impose civil penalties for noncompliance, with fine amounts determined during the rulemaking process.
The Davis Wright Tremaine attorneys also noted that New York introduced legislation requiring all utility pole owners and attachers to submit all new attachments, modifications, or repairs to the New York Public Service Commission.
The legislation would also implement an electronic complaint system, allowing the public to report pole attachment violations. Under the proposal, violations must be fixed within one week of the complaint. Failure to comply could result in fines up to $20,000 for a first offense and up to $50,000 for subsequent violations, except under limited circumstances.
In both states, the legislation is advancing through their legislatures and could take effect immediately once signed by their governors.
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