Federal Communications Commission	DA 20-122


DA 20-122
Released:  February 3, 2020 

STATES THAT HAVE CERTIFIED THAT THEY REGULATE POLE ATTACHMENTS
WC Docket No. 10-101

The State of West Virginia certifies that it has issued and made effective rules and regulations implementing its regulatory authority over pole attachments in the state, including a specific methodology for such regulation that has been made publicly available in the state. Letter from Charlotte R. Lane, Chairman, Public Service Commission of West Virginia, to Marlene H. Dortch, Secretary, Federal Communications Commission, WC Docket No. 10-101 (filed Jan. 23, 2020). 
  Pursuant to section 1.1405(c) of the Commission’s rules, the Commission gives public notice of the receipt of West Virginia’s certification. 47 CFR § 1.1405(c).  
  Certification by a state preempts the Commission from accepting pole attachment complaints under Subpart J of Part 1 of the Commission’s rules. 47 U.S.C. § 224(c); 47 CFR § 1.1405; but see 47 CFR § 1.1405(f) (jurisdiction will revert to the Federal Communications Commission unless the state takes final action on a pole attachment complaint (1) within 180 days after the complaint is filed with the state, or (2) within the applicable period established by the state for final action, so long as the period does not extend beyond 360 days after the filing of a complaint with the state).
  
Also pursuant to section 1.1405(c), the Commission compiles and publishes from time to time a listing of states which have provided certification. 47 CFR § 1.1405(c).
  The following states have certified that they regulate the rates, terms, and conditions for pole attachments in their state, and, in so regulating, have the authority to consider and do consider the interests of consumers of the services offered via the attachments, as well as the interests of the consumers of the utility services.  Moreover, these states have certified that they have issued and made effective rules and regulations implementing their regulatory authority over pole attachments, including a specific methodology for such regulation which has been made publicly available in the state.   
Alaska
Arkansas
California
Connecticut
Delaware
District of Columbia
Idaho
Illinois
Kentucky
Louisiana
Maine
Massachusetts	
Michigan
New Hampshire
New Jersey
New York
Ohio
Oregon
Utah
Vermont
Washington	
West Virginia
This Public Notice supersedes States That Have Certified That They Regulate Pole Attachments, WC Docket No. 10-101, Public Notice, 25 FCC Rcd 5541 (2010).
	For further information regarding this proceeding, contact Michael Ray, Competition Policy Division, Wireline Competition Bureau, (202) 418-0357 or michael.ray@fcc.gov.
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