On July 24,2025 the FCC adopted a Fifth Report and Order (Order), a Fourth FNPRM, and addressed Orders on Reconsideration regarding its Pole Attachment Rules. In an accompanying Press Release, the FCC cites the significant increase in attachment requests for large numbers of utility poles resulting from increased government funding for broadband deployment projects. The changes adopted by the Commission are intended to further facilitate the pole attachment process to promote fast, efficient, and ubiquitous deployment of broadband facilities.
The FCC Rules regarding attachments are dependent on the number poles involved in a pole attachment request. Pole Attachment Orders are classified as follows:
- Regular Orders – those up to the lesser of 300 poles or 0.5 percent of the utility’s poles in a state.
- Mid-Sized Orders – those exceeding the lesser of 300 poles or 0.5 percent of a utility’s poles in a state up to the lesser of 3,000 poles or 5 percent of a utility’s poles in a state.
- Large Orders – those exceeding the lesser of 3,000 poles or 5 percent of a utility’s poles in a state up to the lesser of 6,000 poles or 10 percent of a utility’s poles in a state.
- Very Large Orders – those exceeding the lesser of 6,000 poles or 10 percent of a utility’s poles in a state.
The July 24, 2025 Order requires attachers to provide advanced notice to utilities of forthcoming larger pole attachment orders and imposes a meet-and-confer requirement following the notice. For Large Orders, attachers are required to provide 60 days advance written notice and to request a meet-and confer meeting. For Mid-Sized Orders, 15 days advance notice is required, however the meet-and-confer requirement does not apply to Mid-Sized Orders. Smaller, Regular Orders and Very Large Orders are not subject to the new advanced notice requirements, however, the Commission encourages prior notice for Very Large Orders.
In regard to the processing of pole attachment requests by utilities, the Order does not change the existing timelines for Regular Orders and Mid-Sized Orders. Responding to comments from interested Parties, however, the Order does adopt a new level of defined timelines for processing Large Orders. Specific fixed timelines now apply to the Application Completeness Review process (10 business days after receipt), the Make-Ready Application Review (10 business days for completeness, 45 days on the merits after application is complete), Survey/Review on Merits (90 days after application is complete), Estimate (29 days after survey), Communications Space Make-Ready (120 days after attacher payment), and Above Communications Space Make-Ready (180 days after attacher payment). The Commission believes that the new timelines strike a balance between a utilities need for sufficient time to process Large Orders and an attacher’s need for a quicker pole attachment process in order to meet buildout deadlines.
The Order improves timelines by requiring utilities to notify attachers within 15 days of receipt of a complete application if they cannot meet the Survey and Make-Ready deadlines. Upon receipt of such notice, the attacher may then follow self- help remedies rather than having to wait until the relevant timeline period expires. In addition, the Order requires utilities to respond to a request to add contractors to a utility-approved list within 30 days of receiving the request. If the utility fails to respond within 30 days, the contractor will be deemed to be approved.
The July 24, 2025 Fourth FNPRM seeks comments on ways to further facilitate the processing of pole attachment applications and Make-Ready work and also asks for comments as to whether light poles fall with the purview of the Commission’s Section 224 Rules governing Pole Attachments. Finally, the Orders on Reconsideration deny in part and grant in part previously filed Petitions for Reconsideration and Clarification relative to prior pole attachment proceedings in order to reduce any uncertainty regarding existing pole attachment requirements.
The terms of the July 24, 2025 Order and Orders on Reconsideration are effective 30 days after publication in the Federal Register except for certain rule amendments that contain new or modified information collection requirements that will become effective after OMB review. Regarding the July 24, 2025 FNPRM, comments and reply comments will be due 30 and 60 days after publication in the Federal register.
