FCC Questioning State Pole Regulation

The Federal Communications Commission issued a Public Notice with the longest title I can remember: Wireline Competition Bureau Reminds Reverse-preemption States of Obligation to Effectively Regulate Pole Attachments and Seeks Comment on Need for Changes to the Commission’s Certification Rules to Ensure Effective State Pole Attachment Regulation. States were given the right to regulate pole attachments in Section 224 of the 1934 Communications Act. In one of the oddities of regulatory language, States that have elected to regulate pole attachments are said to have “reverse-preempted” the federal pole attachment rules. The Public Notice is seeking comments on whether States are properly regulating the rates, terms, and conditions of pole attachments. In strongly worded language, the FCC reminds States of the “obligation to effectively and clearly regulate pole attachments in their jurisdictions.” In what feels like a veiled threat, the FCC asks if it should require reverse-preemption States to refile new certifications for FCC review.