Lifeline program and pole attachment rights are inextricably linked to FCC’s Title II authority

The Lifeline program and pole attachment rights are inextricably linked to the Federal Communications Commission’s Title II authority. The FCC's decision to reclassify broadband internet access service (BIAS) as an “information service” removes BIAS-only providers from the statutory scheme that governs pole attachments. If a portion of those who would provide broadband-only services are unable to attach, that will limit the FCC’s ability to promote broadband build-out. Equally worrisome, current pole attachment rules could render broadband-only providers that have the resources to deploy to unserved or underserved areas unable to do so at a time when families and businesses are relying on the FCC to promote policies that will make it easier for them to connect. The consequences of this reclassification will inevitably contribute to the digital divide. The FCC should work quickly to adopt a strong legal framework that protects Lifeline’s broadband internet access service and the low-income consumers that Lifeline serves.