FCC Adopts Rules to Promote Fast and Efficient Broadband Deployment

The FCC further streamlined the pole attachment process to expedite broadband deployment, addressed two petitions for reconsideration of its Fourth Report & Order and Declaratory Ruling, and seeks additional comment on ways to improve the efficiency of processing pole attachment applications and make-ready work

At its July 24, 2025, Open Meeting, with enthusiastic support from all three Commissioners, the FCC adopted a Fifth Report and Order, Fourth Notice of Proposed Rulemaking, and Orders on Reconsideration in WC Docket No. 17-84. In voicing his support for the item, Chairman Carr noted that the "lack of standard rules and timelines for processing requests to attach … [has] slowed the rollout of new connections and led to costly disputes between broadband builders and utility pole owners." Commissioner Trusty agreed, emphasizing that the new item "enable[s] providers to benefit from improved, predictable timelines when seeking access to larger volumes of poles." In expressing her full support for these "common sense measures," Commissioner Gomez referred to utility poles as "the unsung heroes of broadband deployment," and warned that delays in the attachment process will slow broadband rollout, which "we cannot afford to have that happen."

Key Takeaways

As outlined in further detail below, the Fifth Report and Order adopts several new rules aimed at improving the pole attachment process to advance the goal of ubiquitous high-speed broadband. Specifically, the Commission:

1. Establishes a new "Large Order" timeline for pole attachment requests that exceed the lesser of 3,000 poles or 5% of the utility's poles in the state, up to the lesser of 6,000 poles or 10% of the utility's poles in the state. The previously designated "larger order" is renamed "Mid-Sized Order" and is subject to the prior established timelines for that tranche.
2. Requires attachers to provide (a) 60 days' advance written notice for Large Orders and to request a meeting to confer with the utility about the Large Order ("meet-and-confer"); and (b) 15 days' advance written notice of single network deployments that fall within the Mid-Sized Order tranche.
3. Requires utilities to notify attachers within 15 days of receipt of a complete application if the utility knows or reasonably should know that it will not be able to meet the survey timeline, and as soon as practicable but no later than 15 days after receipt of the make-ready estimate payment that it cannot meet the make-ready deadline. If timelines cannot be, or are not, met, attachers may exercise self-help.
4. Requires existing attachers to notify the utility and the new attacher as soon as practicable but no later than 15 days after receiving the utility notice of required make-ready involving the existing attachments.
5. Establishes a self-help remedy for make-ready estimates for work in and above the communications space, but not for pole replacements.
6. Expressly prohibits utilities from combining application size limits with application frequency limits in a manner that restricts the number of pole attachments that attachers can request within a given timeframe so as to avoid shorter timelines and self-help remedies.
7. Requires utilities to respond within 30 days to requests for approval of an attacher-proposed contractor. If the utility fails to respond within 30 days, the contractor will be deemed approved.

The Fourth Further Notice seeks comment on ways to further improve pole attachment application and make-ready processes, including by (1) limiting utilities' ability to collect 100% of make-ready payments up front and imposing a cost ceiling on make-ready cost true-ups; (2) limiting the amount of time utilities may take to onboard approved contractors; (3) considering the expansion of OTMR to include complex make-ready; and (4) requiring attachers to deploy within 120 days of the completion of make-ready work. In response to a Petition for Declaratory Ruling filed by CTIA, the Fourth Further Notice also seeks comment on whether utility light poles fall within the scope of Section 224's requirements for non-discriminatory access at just and reasonable rates, terms, and conditions.

Lastly, the Commission resolved two separate petitions, filed by the Edison Electric Institute ("EEI") and the Coalition of Concerned Utilities ("CCU") seeking clarification and/or reconsideration of certain aspects of the FCC's 2023 Fourth Report and Order, Declaratory Ruling, and Third Further Notice of Proposed Rulemaking. EEI's Petition for Clarification and/or Reconsideration of the Commission's December 2023 Wireline Infrastructure Declaratory Ruling pertaining to the FCC's clarification of its cost-causer policy applicable to pole replacements was denied in part and granted in part, and EEI's Request to Reconsider the Commission's rule requiring utilities to share certain easement information was denied. CCU's Petition for Reconsideration of a portion of the Commission's December 2023 Fourth Wireline Infrastructure Order requiring utilities to share cyclical inspection information was also denied.

Fifth Report and Order

The Fifth Report and Order adopts important rule changes that should help to accelerate broadband deployment. Recognizing the increasing demand for broadband infrastructure, the FCC's new rules are designed to enhance earlier collaboration between utilities and broadband providers, establish clear timelines for large pole attachment requests, and improve the overall efficiency of the pole attachment process.

New Large Order Timelines

One of the key measures is the establishment of timelines for Large Orders, i.e., those exceeding the lesser of 3,000 poles or 5% of a utility's poles in a state up to the lesser of 6,000 poles or 10% of the utility's poles in a state submitted within a 30-day period. For these newly defined Large Orders, utilities would have 90 days after a completed application is submitted to perform surveys, 29 days after the survey to provide make-ready estimates, 120 days to complete make-ready work in the communications space after the attacher pays, and 180 days to complete make-ready work in the power space after the attacher pays. If the timelines cannot be met, the attaching entity may hire an approved contractor to perform the work.

Attachers must notify the pole-owning utility no less than 60 days in advance of submitting applications for Large Orders. This notice must include certain information, including the anticipated deployment route, an anticipated build-out schedule, and a meet-and-confer request to discuss the order's details within 30 days of the notice. The utility and attacher must meet and confer within 30 days of the 60-day advance notice to negotiate in good faith the mechanics and timing of processing Large Orders. The FCC clarified, as requested by NCTA, that minor changes to routes should not require a new notice and/or a new meet-and-confer.

If an application is filed without the required written advance notice, including the required minimum information, the utility may, upon prompt notice to the new attacher, treat such application as the 60-day advance notice. If an attacher fails to request a meet-and-confer to discuss the Large Order, then the advance notice period will not begin to run until such request is made.

Redefined Mid-Sized Orders

Orders that exceed the lesser of 300 poles or .5% of the utility's poles in a state up to the lesser of 3,000 poles or 5% of the utility's poles in a state are now classified as "Mid-Sized Orders." Attachers must now notify the utility 15 days in advance of submitting an application for Mid-Sized Orders associated with a single network deployment. As with the Large Order advance notice obligation, if an application is filed without the required written advance notice, including the required minimum information, then the utility may, upon prompt notice to the new attacher, treat such application as the 15-day advance notice. There is no meet-and-confer requirement for Mid-Sized Orders.

Otherwise, the timelines for surveys, estimates, and make-ready work applicable to Mid-Size Orders and to standard orders (i.e., up to lesser of 300 poles or .5% of the utility's poles in a state) remain the same.

15-Day Notification of Ability to Meet Timelines

The new rules require a utility to notify a new attacher within 15 days of receipt of a complete application if the utility "knows or reasonably should know" that it cannot meet the survey deadline. Similarly, a utility must notify an attacher as soon as practicable but no later than 15 days from receipt of a make-ready estimate that it cannot meet the make-ready deadline. Existing attachers must also notify new attachers whether they will be able to meet the applicable make-ready timeline within 15 days after receiving notice from the utility of the make-ready that the existing attacher must perform. If a utility or existing attacher does not notify the new attacher that it will be unable to meet the applicable timeline, the new attacher must wait until the timeline expires before it can use self-help.

Self-Help for Make-Ready Estimates

To further expedite the process, the FCC has introduced a self-help remedy for make-ready estimates in or above the communications space but not for pole replacements. If utilities fail to provide estimates within the specified timeframe, attachers can prepare their own estimates using utility-approved contractors. While the draft Order had limited this self-help remedy to estimates for work in the communications space, the FCC ultimately determined that new attachers should be able to use utility-approved contractors to perform self-help estimates for make-ready work above the communications space as well, recognizing that without having the estimate for electric space make-ready, the estimate for communications space make-ready is of little practical use.

30 Days to Approve Contractors

Importantly, the FCC has also addressed the contractor approval process, requiring utilities to respond to requests to add contractors to their approved lists within 30 days, and specifically state whether the proposed contractor has been approved based on the requirements in Section 1.1412(c) of the Commission's rules and will be onboarded by the utility to work on its poles. If the utility fails to respond within 30 days, the contractor will be deemed approved and must be added to the utility's approved list of contractors after it successfully completes "reasonable steps to begin work established by the utility." This new rule should ensure that qualified contractors are available to perform the necessary work, further facilitating timely broadband deployment.

The FCC was not persuaded by utility efforts to limit this new rule to contractors performing make-ready in the communications space. The FCC recognizes, however, that utilities may need to take additional steps to onboard the contractors for work on utility poles, and that the onboarding process may differ in certain respects for contractors that will work above the communications space, and seeks comment on an onboarding deadline for this in the FNPRM, discussed below.

No Size and Frequency Limits that Undermine Timelines

Additionally, the FCC has prohibited utilities from imposing limits on the size and frequency of pole attachment applications that restrict the number of attachments providers can seek. These limits were being used to avoid the timelines applicable to orders that exceeded the combined size and frequency limits. This ensures that broadband providers can pursue their deployment plans without arbitrary constraints.

Fourth Further Notice

Recognizing the complexities of the pole attachment process, with attachers and utilities each facing their own set of difficulties, the FCC seeks comment on certain proposals by each group to make the pole attachment application process more efficient. Specifically, the FNPRM seeks comment on:

• Deployment Timeline: The Fourth Further Notice proposes a requirement for attachers to deploy equipment on poles within 120 days of the completion of make-ready work and seeks comment on whether there should be any repercussions for failing to deploy within that timeframe.
• Payment Deadlines: Recognizing that make-ready timelines do not begin until after the attacher makes payment, the Fourth Further Notice considers whether attachers should be required to make payments on estimates within a specific timeframe after acceptance of the estimate. The FCC received various proposals including a requirement that attachers must pay all estimated make-ready costs, in full, within 30 days of the date the estimate is accepted by the attacher, while others suggest payment schedules be based on make-ready progress, as is the rule in Utah, a certified state.
• Cost Ceiling: Although the FCC already requires detailed, itemized make-ready estimates and post-make-ready invoices, attachers still experience frustration with unexpectedly high final make-ready costs and disputes that arise as a result. The Fourth Further Notice asks whether the FCC should impose a cap on the amount that final make-ready costs can exceed the utility's estimate without requiring the utility to have obtained prior approval from the attacher, tentatively concluding that the resulting increased transparency would prevent some disputes over unexpectedly high final make-ready costs.
• One-Touch Make-Ready (OTMR) for Complex Work: The Fourth Further Notice seeks input on expanding the OTMR process to include complex survey and make-ready work. The FCC recognizes that OTMR for simple make-ready achieves certain efficiencies, but very few attachers have been able to take advantage of OTMR since its creation in 2018 because it is not available for complex work.
• Contractor Onboarding: Building on the new rule from the Fifth Report and Order requiring utilities to respond to requests to add contractors to their approved lists within 30 days, the Fourth Further Notice seeks comment on how much time it actually takes for a utility to onboard a new contractor, and whether a deadline should be set for this process to ensure timely broadband deployment.
• Defining "Pole" to Include Light Poles: The Fourth Further Notice seeks comment on whether light poles should be considered "poles" under section 224 of the Act. Among the questions posed is whether the best reading of the term "pole" as used in the text of the Pole Attachment Act of 1978 has an ordinary, technical, or industry-specific meaning. Notably, neither Section 224 nor the Commission's current rules define the term "pole," although some argue that definitions of other statutory terms limit the types of poles subject to mandatory access upon just and reasonable rates, terms, and conditions.
• Miscellaneous Issues: The final order added this catch-all category seeking comment on any other causes for delay or other issues that will help facilitate deployments. This section specifically asks whether utility-imposed application and/or engineering fees have prevented or delayed deployment.

Orders on Reconsideration

EEI Petition for Clarification/Reconsideration

The Commission denied EEI's request that the FCC reverse its determination that a pole replacement is not necessitated solely by an attachment request if a utility's previous or contemporaneous change to its internal construction standards necessitated replacement of an existing pole in connection with a new attachment request ("internal standards determination"). In denying EEI's request, the Commission confirmed that the utility is more than the incidental beneficiary of a pole replaced to meet the utility's newly imposed standards. The Commission reasoned that allowing the utility to shift the cost of complying with new standards to the new attacher would mean that the utility gets its pole replaced at the new attacher's sole expense when the existing pole could have accommodated the new attachment under the immediately preceding pole construction standard.

The Commission does, in response to EEI's request, clarify that "if the pole lacks capacity under both the new and immediately preceding construction standards ... the new attachment request is the cause of the pole replacement." According to the FCC, its clarification "spreads the burden across all of the parties who are causing the pole replacement."

The Commission also rejected EEI's request to reconsider the requirement in the 2023 Declaratory Ruling that utilities provide a copy of the utility's easement to an attacher seeking to deploy facilities within that easement.

CCU Petition for Reconsideration

The Commission denied CCU's Petition to reconsider the rule, adopted in 2023, requiring utilities to share cyclical inspection information related to poles in a particular application. In doing so, the Commission rejected CCU's arguments that the Commission adopted the rule without sufficient notice or record evidence, finding it was a logical outgrowth of the Second Further Notice and fully debated. The Commission also rejected CCU's argument that 10 business days is an insufficient amount of time to gather and produce the inspection reports and rejected the notion that this requirement will reduce utilities' incentives to replace poles.

Effective Dates

The Fifth Report and Order and Orders on Reconsideration are effective 30 days after publication in the Federal Register except that rule amendments that contain new or modified information collection requirements are effective once the Office of Management and Budget completes its review. The period for filing petitions for review of these orders commences upon the date that a summary of the orders is published in the Federal Register.

Comments and reply comments responding to the Fourth Further Notice are due 30 and 60 days after Federal Register publication, respectively.

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