Member Lerman Senter PLLC Washington, District of Columbia, United States
With the disbursement of BEAD funds and the need to rapidly deploy broadband infrastructure in rural America, the FCC's pole attachment rules continue to evolve. This presentation will discuss the impact of the FCC's most recent revisions to its pole access timelines, self-help remedies, and contractor pre-approval requirements on the pace of broadband deployment and relationships between pole owners and attachers. Additionally, it will explore possible outcomes of the FCC's Fourth Further Notice of Proposed Rulemaking, including the expansion of the FCC's authority with respect to new classes of "poles" and the modification of the FCC's advance payment rules for make-ready, survey, and similar costs. Finally, this presentation will provide an overview of any recent, pending, and potential future actions by Congress, the federal courts, the FCC, and the state legislatures and regulatory commissions that have or will affect pole attachments and joint use.