FEDERAL COMMUNICATIONS COMMISSION 
                                   WASHINGTON 

        
OFFICE OF THE 
  CHAIRWOMAN                           January 9, 2024 
   
  The Honorable Shelley Moore Capito  
  United States Senate  
  172 Russell Senate Office Building 
  Washington, DC  20510 
   
  Dear Senator Capito: 
   
        Thank you for your letter regarding the Federal Communications Commission’s efforts to 
  reform its pole attachment rules and policies to promote faster and more cost-effective 
  broadband deployment.  Pole attachments are an essential part of our effort to ensure that high-
  speed service reaches everyone, everywhere across the country.   
   
        To advance this goal, last month the Commission took action to make the pole 
  attachment process faster, more transparent, and more cost-effective through new rules that will 
  allow faster resolution of pole attachment disputes.  Specifically, the Commission adopted an 
  order that created a new process to resolve pole attachment disputes fast and effectively by 
  establishing a new intra-agency rapid response team—the Rapid Broadband Assessment Team—
  and providing the team with specific criteria to apply when considering complaints.  The 
  Commission also adopted rules that increase transparency for new broadband buildouts by 
  allowing attachers to obtain pole inspection reports from utilities in order to better access 
  information about the status of the utility poles they plan to use as they map out their broadband 
  builds.  In addition, we updated our policies to provide greater clarity regarding situations where 
  an attacher does not have to pay the full cost to replace an existing pole.  In order to speed the 
  way for large broadband construction projects, we made clear that when providers submit 
  applications, the first 3,000 poles must be processed within defined time periods under 
  Commission rules.  Finally, we sought comment on further ways to speed the processing of large 
  pole attachment applications and facilitate the approval process to enable quicker broadband 
  deployment.   
   
        While the Commission continues its work to reform its pole attachment rules and policies 
  to speed broadband deployment, I would note that under the law pole attachments are regulated 
  at the state level in 23 states, including West Virginia, and the District of Columbia.  While I 
  recognize that state efforts are often informed by changes we make at the federal level, West 
  Virginia currently has full authority under Section 224(c) of the Communications Act to deviate 
  from the Commission’s regime to suit the particular needs of West Virginians.  However, the 
  agency is always willing to engage with our state counterparts working on this issue and would 
  be happy to work with West Virginia in this capacity. 

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      I appreciate your interest in this matter.  Please let me know if I can be of any further 
assistance. 
 
                                    Sincerely, 

                                                                     
                                    Jessica Rosenworcel