FEDERAL COMMUNICATIONS COMMISSION 
                                   WASHINGTON 

        
OFFICE OF THE 
  CHAIRWOMAN                           January 9, 2024 
   

   
  The Honorable John N. Kennedy  
  United States Senate   
  416 Russell Senate Office Building  
  Washington, DC  20510  
    
  Dear Senator Kennedy:  
   
        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. 
          
        Please note that since 1978, Louisiana has regulated pole attachments at the state level.  
  While Section 224 of the Communications Act grants the Commission jurisdiction over the rates, 
  terms, and conditions for pole attachments, under Section 224(c), a state may preempt 
  Commission jurisdiction over pole attachments if the state files a certification stating that it has 
  rules in place to regulate pole attachments and that, in so regulating, the state takes into 
  consideration both communications subscribers being served by pole attachments, as well as the 
  utility pole owner’s customers.  The State of Louisiana filed such a certification in August of 
  1978 and Louisiana currently appears on the Commission’s list of 23 states and the District of 
  Columbia that have preempted Commission jurisdiction over pole attachments.  This means that 
  the state retains full authority to regulate pole attachments to suit the particular needs of 
  Louisianians.  However, I recognize that state efforts are often informed by changes we make at 

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the federal level, like those described above.  For this reason, the agency is always willing to 
engage with our state counterparts working on this issue and would be happy to work with 
Louisiana in this capacity. 
        
      I appreciate your interest in this matter.  Please let me know if I can be of any further 
assistance.  

                                    Sincerely, 

                                                                    

                                    Jessica Rosenworcel