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FCC Rules in Favor of Pole Attachment Complaint to Support Broadband Deployment

The U.S. Federal Communications Commission (FCC) has determined that power companies that own and maintain poles for supplying electrical wires and other equipment cannot charge cable television systems or telecommunications service providers the full cost of pole replacement.

According to a Memorandum Opinion and Order issued in early February, the Commission’s ruling resolves a formal complaint filed by Comcast Cable Communications against Appalachian Power Company (APCO). In its complaint, Comcast detailed APCO’s plan to charge the company for the full cost of pole replacement necessary to accommodate new Comcast cables and attachments, which Comcast says is unlawful under the Federal Communications Act and the FCC’s rules.

In its extensive ruling, the Commission agreed with Comcast’s assessment regarding the illegality of APCO’s policy, noting that Comcast should only be obligated to pay any incremental costs associated with the installation of a stronger and/or taller pole.

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The FCC’s Memorandum Opinion and Order in connection with electrical utility poles is available at https://docs.fcc.gov/public/attachments/FCC-26-6A1.pdf

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