Some States Regulate Pole Attachments Ahead of Court Case

UPDATE West Virginia told the FCC that regulations have gone into effect governing pole attachments. Certification by a state preempts the Commission from accepting pole attachment complaints under Subpart J of Part 1 of its rules.

Pole attachment disputes are also part of oral arguments being heard today before the U.S. Court of Appeals for the 9th Circuit in San Francisco, Inside Towers reported. At least 30 cities, four counties and 11 powercos are fighting the FCC and the Department of Justice concerning local jurisdiction over small cells and the agency’s 2018 pole attachment order. The attachment order makes it easier for telecoms to move previously installed wires on utility poles. Some carriers say the change didn’t go far enough and that’s why they’re suing the Commission. Continue Reading